I

106TH CONGRESS

2D SESSION H. R. 5666

Making miscellaneous appropriations for the fiscal year ending September

30, 2001, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

DECEMBER 15, 2000

Mr. YOUNG of Florida introduced the following bill; which was referred to the

Committee on Appropriations

A BILL

Making miscellaneous appropriations for the fiscal year

ending September 30, 2001, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 That the following sums are appropriated, out of any

4 money in the Treasury not otherwise appropriated, for the

5 fiscal year ending September 30, 2001, and for other pur6 poses, namely:
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1 DIVISION A

2 CHAPTER 1

3 GENERAL PROVISIONS—THIS CHAPTER

4 SEC. 101. The Agriculture, Rural Development, Food

5 and Drug Administration, and Related Agencies Appro6 priations Act, 2001, is amended—

7 (1) In title III, under the heading ‘‘Rural Utili8 ties Service, Rural Electrification and Telecommuni9 cations Loans Program Account’’, after ‘‘per year’’

10 insert ‘‘: Provided further, That not more than

11 $100,000 shall be available for guarantees of private

12 sector loans’’.

13 (2) In title III, at the end of the first proviso

14 under the ‘‘Rural Housing Assistance Grants’’ ac15 count, insert ‘‘in Mississippi and Alaska’’.

16 (3) In section 724, by striking ‘‘to Hispanic17 serving institutions’’ and all that follows through

18 ‘‘maintained by such institutions’’ and inserting ‘‘to

19 eligible grantees specified in subsection (d)(3) of

20 that section’’;

21 (4) In title VIII, under the heading ‘‘Rural

22 Community Advancement Program’’, by striking

23 ‘‘January 1, 2001’’ and inserting ‘‘January 1,

24 2000’’;
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1 (5) In section 806, by inserting ‘‘: Provided fur2 ther, That of the funds made available by this sec3 tion, the Secretary shall transfer $5,000,000 to the

4 State of Alabama to be used in conjunction with the

5 program administered by the Alabama Department

6 of Agriculture and Industries: Provided further, That

7 of the funds made available by this section, the Sec8 retary shall transfer not more than $300,000 to the

9 State of Montana for transportation needs associ10 ated with emergency haying and feeding: Provided

11 further, That of the funds made available by this

12 section, the Secretary shall use not more than

13 $2,000,000 to carry out a program for income losses

14 sustained before April 30, 2001, by individuals who

15 raise poultry owned by other individuals as a result

16 of Poult Enteritis Mortality Syndrome control pro17 grams, as determined by the Secretary’’ after

18 ‘‘American Indian Livestock Feed Program’’;

19 (6) In section 815(d)(3), by inserting ‘‘af20 fected’’ after ‘‘all’’;

21 (7) In section 830, by striking ‘‘section 401’’

22 and inserting ‘‘title IV’’.

23 (8) In section 843, by striking ‘‘were unable to

24 market the crops’’ and all that follows through ‘‘in

25 this section:’’ and inserting ‘‘suffered a loss because
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1 of the insolvency of an agriculture cooperative in the

2 State of California: Provided, That the amount of a

3 payment made to a producer under this section shall

4 not exceed 50 percent of the loss referred to in this

5 section:’’;

6 (9) In section 844—

7 (A) in the section heading, by inserting ‘‘,

8 FLUE-CURED, AND CIGAR BINDER

9 TYPE 54–55’’ after ‘‘BURLEY’’; and

10 (B) in subsection (a)—

11 (i) in paragraph (1)—

12 (I) by inserting ‘‘, without fur13 ther cost to the association,’’ after

14 ‘‘settle’’; and

15 (II) by inserting ‘‘, Flue-cured,

16 or Cigar Binder Type 54–55’’ after

17 ‘‘Burley’’ each place it appears;

18 (ii) in paragraph (2)(B), by inserting

19 ‘‘, Flue-cured, Cigar Binder Type 54–55,’’

20 after ‘‘Burley’’; and

21 (iii) in paragraph (3), by striking sub22 paragraph (A) and inserting the following:

23 ‘‘(A) counted for the purpose of deter24 mining the Burley, Flue-cured, or Cigar Binder

25 Type 54–55 tobacco quota or allotment for any
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1 year under part I of subtitle B of title III of

2 the Agricultural Adjustment Act of 1938 (7

3 U.S.C. 1311 et seq.); or’’;

4 (10) Notwithstanding any other provision of

5 law, section 204(b)(10)(B) of Public Law 106–224

6 shall not be effective until July 1, 2001; and

7 (11) The effective date of this section is the

8 date of enactment of the Agriculture, Rural Develop9 ment, Food and Drug Administration, and Related

10 Agencies Appropriations Act, 2001.

11 SEC. 102. The second sentence of section 520 of the

12 Housing Act of 1949 (42 U.S.C. 1490) is amended by

13 striking ‘‘1990 decennial census’’ and inserting ‘‘1990 or

14 2000 decennial census’’, and by striking ‘‘year 2000’’ and

15 inserting ‘‘year 2010’’.

16 SEC. 103. The Secretary of Agriculture, in collabora17 tion with the Secretaries of Energy and Interior, shall un18 dertake a study of the feasibility of including ethanol, bio19 diesel, and other bio-based fuels as part of the Strategic

20 Petroleum Reserve. This study shall include a review of

21 legislative and regulatory changes needed to allow this in22 clusion, and those elements necessary to design and imple23 ment such a program, including cost. The Secretary shall

24 provide this study to the House and Senate Appropria25 tions Committees by February 15, 2001.
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1 SEC. 104. Notwithstanding section 730 of the Agri2 culture, Rural Development, Food and Drug Administra3 tion, and Related Agencies Appropriations Act, 2000

4 (Public Law 106–78), the City of Wilson, North Carolina,

5 shall be eligible in fiscal year 2001 for the community fa6 cility loan guarantee program under section 306(a)(1) of

7 the Consolidated Farm and Rural Development Act.

8 SEC. 105. Title VIII of the Agriculture, Rural Devel9 opment, Food and Drug Administration, and Related

10 Agencies Appropriations Act, 2001, is amended by insert11 ing at the end the following new section:

12 ‘‘SEC. 778. Notwithstanding section 723 of this Act

13 or any other provision of law, there are hereby appro14 priated $26,000,000, to remain available until expended,

15 for the program authorized under section 334 of the Fed16 eral Agriculture Improvement and Reform Act of 1996:

17 Provided, That the entire amount shall be available only

18 to the extent an official budget request for $26,000,000,

19 that includes designation of the entire amount of the re20 quest as an emergency requirement as defined in the Bal21 anced Budget and Emergency Deficit Control Act of 1985,

22 as amended, is transmitted by the President to the Con23 gress: Provided further, That the entire amount is des24 ignated by the Congress as an emergency requirement

25 pursuant to section 251(b)(2)(A) of such Act.’’.
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1 SEC. 106. In carrying out the bovine tuberculosis

2 eradication program covered by the Secretary of Agri3 culture’s emergency declaration effective as of October 11,

4 2000, the Secretary of Agriculture shall pay 100 percent

5 of the amounts of approved claims for materials affected

6 by or exposed to bovine tuberculosis, and of approved

7 claims growing out of the destruction of animals: Pro8 vided, That in calculating the net present value of the fu9 ture income portion of any claim, the Secretary shall use

10 a discount rate of 7 percent: Provided further, That the

11 entire amount necessary to carry out this section shall be

12 available only to the extent that an official budget request

13 for the entire amount, that includes designation of the en14 tire amount of the request as an emergency requirement

15 as defined in the Balanced Budget and Emergency Deficit

16 Control Act of 1985, as amended, is transmitted by the

17 President to the Congress: Provided further, That the en18 tire amount is designated by the Congress as an emer19 gency requirement pursuant to section 251(b)(2)(A) of

20 such Act.

21 SEC. 107. Section 820(b) of the Agriculture, Rural

22 Development, Food and Drug Administration, and Re23 lated Agencies Appropriations Act, 2001, is amended by

24 striking ‘‘of 1996’’ and inserting the following: ‘‘of 1996,

25 and for the Farmland Protection Program established
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1 under section 388 of the Federal Agriculture Improvement

2 and Reform Act of 1996’’.

3 SEC. 108. For an additional amount for the United

4 States Department of Agriculture, Office of the General

5 Counsel, $500,000: Provided, That the entire amount

6 shall be available only to the extent an official budget re7 quest for $500,000, that includes designation of the entire

8 amount of the request as an emergency requirement as

9 defined in the Balanced Budget and Emergency Deficit

10 Control Act of 1985, as amended, is transmitted by the

11 President to the Congress: Provided further, That the en12 tire amount is designated by the Congress as an emer13 gency requirement pursuant to section 251(b)(2)(A) of

14 such Act.

15 SEC. 109. For an additional amount for Grain In16 spection, Packers and Stockyards Administration, Salaries

17 and Expenses, $200,000: Provided, That the entire

18 amount shall be available only to the extent an official

19 budget request for $200,000, that includes designation of

20 the entire amount of the request as an emergency require21 ment as defined in the Balanced Budget and Emergency

22 Deficit Control Act of 1985, as amended, is transmitted

23 by the President to the Congress: Provided further, That

24 the entire amount is designated by the Congress as an
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1 emergency requirement pursuant to section 251(b)(2)(A)

2 of such Act.

3 SEC. 110. Notwithstanding any other provision of

4 law, the Natural Resources Conservation Service may pro5 vide financial and technical assistance to the Hamakua

6 Ditch project in Hawaii from funds available for the

7 Emergency Watershed Program, not to exceed

8 $3,000,000.

9 CHAPTER 2

10 DEPARTMENT OF JUSTICE

11 FEDERAL PRISON SYSTEM

12 SALARIES AND EXPENSES

13 For an additional amount for ‘‘Salaries and Ex14 penses’’, $500,000, to remain available until expended:

15 Provided, That these funds are to be expended by the Na16 tional Institute of Corrections (NIC) for a comprehensive

17 assessment of medical care and incidents of inmate mor18 tality in the Wisconsin State Prison System.

19 OFFICE OF JUSTICE PROGRAMS

20 JUSTICE ASSISTANCE

21 For an additional amount for ‘‘Justice Assistance’’,

22 $300,000, to remain available until expended: Provided,

23 That these funds are to be expended to expand the collec24 tion of data on prisoner deaths while in law enforcement

25 custody.
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1 COMMUNITY ORIENTED POLICING SERVICES

2 For an additional amount for ‘‘Community Oriented

3 Policing Services’’, $3,080,000, to remain available until

4 expended, of which $1,880,000 shall be for a grant to the

5 Pasadena, California, Police Department for equipment;

6 of which $200,000 shall be for a grant to the City of Sig7 nal Hill, California, for equipment and technology for an

8 emergency operations center; and of which $1,000,000

9 shall be for a grant to the State of Alabama Department

10 of Forensic Sciences for equipment.

11 JUVENILE JUSTICE PROGRAMS

12 For an additional amount for ‘‘Juvenile Justice Pro13 grams’’, $1,000,000, to remain available until expended,

14 for a grant to Mobile County, Alabama, for a juvenile

15 court network program.

16 GENERAL PROVISIONS

17 SEC. 201. Chapter 2 of title II of division B of Public

18 Law 106–246 (114 Stat. 542) is amended in the matter

19 immediately under the first heading—

20 (1) by inserting, ‘‘(or the State, in the case of New

21 Mexico)’’ before ‘‘only’’; and

22 (2) by inserting, ‘‘detention costs,’’ after ‘‘court

23 costs,’’.

24 SEC. 202. For an additional amount under the head25 ing ‘‘United States Attorneys, Salaries and Expenses’’ in

26 the Departments of Commerce, Justice, and State, the Ju-
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1 diciary, and Related Agencies Appropriations Act, 2001,

2 $10,000,000 for the State of Texas and $2,000,000 for

3 the State of Arizona, to reimburse county and municipal

4 governments only for Federal costs associated with the

5 handling and processing of illegal immigration and drug

6 and alien smuggling cases, such reimbursements being

7 limited to court costs, detention costs, courtroom tech8 nology, the building of holding spaces, administrative

9 staff, and indigent defense costs.

10 SEC. 203. In addition to amounts appropriated under

11 the heading ‘‘State and Local Law Enforcement Assist12 ance, Office of Justice Programs’’ in the Departments of

13 Commerce, Justice, and State, the Judiciary, and Related

14 Agencies Appropriations Act, 2001, $9,000,000 is for an

15 award to the Alliance of Boys & Girls of South Carolina

16 for the establishment of the Strom Thurmond Boys &

17 Girls Club National Training Center.

18 SEC. 204. In addition to any amounts made available

19 for ‘‘State and Local Law Enforcement Assistance’’ within

20 the Department of Justice, $500,000 shall be made avail21 able only for the New Hampshire Department of Safety

22 to investigate and support the prosecution of violations of

23 Federal trucking laws.

24 SEC. 205. In addition to other amounts made avail25 able for the COPS technology program of the Department
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1 of Justice, $4,000,000 shall be available to the State of

2 South Dakota to establish a regional radio system to facili3 tate communications between Federal, State, and local law

4 enforcement agencies, firefighting agencies, and other

5 emergency services agencies.

6 DEPARTMENT OF COMMERCE

7 ECONOMIC AND STATISTICAL ANALYSIS

8 SALARIES AND EXPENSES

9 For an additional amount for ‘‘Salaries and Ex10 penses’’, $200,000, to remain available until expended, for

11 the establishment of satellite accounts for the travel and

12 tourism industry.

13 NATIONAL OCEANIC AND ATMOSPHERIC

14 ADMINISTRATION

15 OPERATIONS, RESEARCH, AND FACILITIES

16 For an additional amount for ‘‘Operations, Research,

17 and Facilities’’, $750,000, to remain available until ex18 pended, for a study by the National Academy of Sciences

19 pursuant to H.R. 2090, as passed by the House of Rep20 resentatives on September 12, 2000.

21 GENERAL PROVISIONS

22 SEC. 206. The Departments of Commerce, Justice,

23 and State, the Judiciary, and Related Agencies Appropria24 tions Act, 2001, as enacted by section 1(a)(2) of the Act

25 entitled ‘‘An Act making appropriations for the govern-
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1 ment of the District of Columbia and other activities

2 chargeable in whole or in part against revenues of said

3 District for the fiscal year ending September 30, 2001,

4 and for other purposes’’ is amended by inserting before

5 the period at the end of the paragraph under the heading

6 ‘‘National Oceanic and Atmospheric Administration, Op7 erations, Research, and Facilities’’ the following new pro8 viso: ‘‘: Provided further, That, of the amounts made avail9 able for the National Marine Fisheries Service under this

10 heading, $10,000,000 shall be available only for research

11 regarding litigation concerning the Alaska Steller sea lion

12 and Bering Sea/Aleutian Islands and Gulf of Alaska

13 groundfish fisheries, of which $6,000,000 shall be avail14 able only for the Office of Oceanic and Atmospheric Re15 search to study the impact of ocean climate shifts on the

16 North Pacific and Bering Sea fish and marine mammal

17 species composition, of which $2,000,000 shall be available

18 only for the National Ocean Service to study predator/prey

19 relationships as they relate to the decline of the western

20 population of Steller sea lions, and of which $2,000,000

21 shall be available only for the North Pacific Fishery Man22 agement Council for an independent analysis of Steller sea

23 lion science and other work related to such litigation’’.

24 SEC. 207. (a) In addition to amounts appropriated

25 or otherwise made available under the heading ‘‘Oper-
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1 ations, Research, and Facilities, National Oceanic and At2 mospheric Administration’’ in the Departments of Com3 merce, Justice, and State, the Judiciary, and Related

4 Agencies Appropriations Act, 2001, $7,500,000 is appro5 priated for disaster assistance for communities affected by

6 the 2000 western Alaska salmon disaster for which the

7 Secretary of Commerce declared a fishery failure under

8 section 312(a) of the Magnuson Stevens Fisheries Con9 servation and Management Act.

10 (b) Funds appropriated by this section shall be made

11 available as direct lump sum payments no later than 30

12 days after the date of enactment of this Act, as follows:

13 $3,500,000 to the Tanana Chiefs Conference, $3,500,000

14 to the Association of Village Council Presidents, and

15 $500,000 to Kawerak.

16 (c) Such funds shall be used to provide personal as17 sistance with priority given to: (1) food; (2) energy needs;

18 (3) housing assistance; (4) transportation fuel including

19 for subsistence activities; and (5) other urgent community

20 needs.

21 (d) Not more than 5 percent of such funds may be

22 used for administrative expenses.

23 (e) The President of the Tanana Chiefs Conference,

24 the President of the Association of Village Council Presi25 dents, and the President of Kawerak shall disburse all
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1 funds no later than May 1, 2000 and shall submit a report

2 to the Secretary of Commerce detailing the expenditure

3 of funds, including the number of persons and households

4 served and the amount of administrative costs, by the end

5 of the fiscal year.

6 SEC. 208. In addition to amounts appropriated or

7 otherwise made available by this or any other Act,

8 $3,000,000 is appropriated to enable the Secretary of

9 Commerce to provide economic assistance to fishermen

10 and fishing communities affected by Federal closures and

11 fishing restrictions in the Hawaii long line fishery, to re12 main available until expended.

13 SEC. 209. IMPLEMENTATION OF STELLER SEA LION

14 PROTECTIVE MEASURES.—

15 (a) FINDINGS.—The Congress finds that—

16 (1) the western population of Steller sea lions

17 has substantially declined over the last 25 years.

18 (2) scientists should closely research and ana19 lyze all possible factors relating to such decline, in20 cluding the possible interactions between commercial

21 fishing and Steller sea lions and the localized deple22 tion hypothesis;

23 (3) the authority to manage commercial fish24 eries in Federal waters lies with the regional coun25 cils and the Secretary of Commerce (hereafter in
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1 this section ‘‘Secretary’’) pursuant to the Magnuson2 Stevens Fishery Conservation and Management Act

3 (hereafter in this section ‘‘Magnuson-Stevens Act’’);

4 and

5 (4) the Secretary of Commerce shall comply

6 with the Magnuson-Stevens Act when using fishery

7 management plans and regulations to implement the

8 decisions made pursuant to findings under the En9 dangered Species Act, and shall utilize the processes

10 and procedures of the regional fishery management

11 councils as required by the Magnuson-Stevens Act.

12 (b) INDEPENDENT SCIENTIFIC REVIEW.—The North

13 Pacific Fishery Management Council (hereafter in this

14 section ‘‘North Pacific Council) shall utilize the expertise

15 of the National Academy of Sciences to conduct an inde16 pendent scientific review of the November 30, 2000 Bio17 logical Opinion for the Bering Sea/Aleutian Islands and

18 Gulf of Alaska groundfish fisheries (hereafter in this sec19 tion ‘‘Biological Opinion’’), its underlying hypothesis, and

20 the Reasonable and Prudent Alternatives (hereafter in this

21 section ‘‘Alternatives’’) contained therein. The Secretary

22 shall cooperate with the independent scientific review, and

23 the National Academy of Sciences is requested to give its

24 highest priority to this review.
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1 (c) PREPARATION OF FISHERY MANAGEMENT PLANS

2 AND REGULATIONS TO IMPLEMENT PROTECTIVE MEAS3 URES IN THE NOVEMBER 30, 2000 BIOLOGICAL OPIN4 ION.—

5 (1) The Secretary of Commerce shall submit to

6 the North Pacific Council proposed conservation and

7 management measures to implement the Alternatives

8 contained in the November 30, 2000 Biological

9 Opinion for the Bering Sea/Aleutian Islands and

10 Gulf of Alaska groundfish fisheries. The North Pa11 cific Council shall prepare and transmit to the Sec12 retary a fishery management plan amendment or

13 amendments to implement such Alternatives that are

14 consistent with the Magnuson-Stevens Act (including

15 requirements in such Act relating to best available

16 science, bycatch reduction, impacting on fishing

17 communities, the safety of life at sea, and public

18 comment and hearings.)

19 (2) The Bering Sea/Aleutian Islands and Gulf

20 of Alaska groundfish fisheries shall be managed in

21 a manner consistent with the Alternatives contained

22 in the Biological Opinion, except as otherwise pro23 vided in this section. The Alternatives shall become

24 fully effective no later than January 1, 2002, as re25 vised if necessary and appropriate based on the inde-
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1 pendent scientific review referred to in subsection

2 (b) and other new information, and shall be phased

3 in in 2001 as described in paragraph (3).

4 (3) The 2001 Bering Sea/Aleutian Islands and

5 Gulf of Alaska groundfish fisheries shall be managed

6 in accordance with the fishery management plan and

7 Federal regulations in effect for such fisheries prior

8 to July 15, 2000, including—

9 (A) conservative total allowable catch lev10 els;

11 (B) no entry zones within three miles of

12 rookeries;

13 (C) restricted harvest levels near rookeries

14 and haul-outs;

15 (D) federally-trained observers;

16 (E) spatial and temporal harvest restric17 tions;

18 (F) federally-mandated bycatch reduction

19 programs; and

20 (G) additional conservation benefits pro21 vided through cooperative fishing arrangements,

22 and said regulations are hereby restored to full force

23 and effect.

24 (4) The Secretary shall amend these regulations

25 by January 20, 2001, after consultation with the
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1 North Pacific Council and in a manner consistent

2 with all law, including the Magnuson-Stevens Act,

3 and consistent with the Alternatives to the maximum

4 extent practicable, subject to the other provisions of

5 this subsection.

6 (5) The harvest reduction requirement (‘‘Global

7 Control Rule’’) shall take effect immediately in any

8 2001 groundfish fishery in which it applies, but shall

9 not cause a reduction in the total allowable catch of

10 any fishery of more than 10 percent.

11 (6) In enforcing regulations for the 2001 fish12 eries, the Secretary, upon recommendation of the

13 North Pacific Council, may open critical habitat

14 where needed, adjust seasonal catch levels, and take

15 other measures as needed to ensure that harvest lev16 els are sufficient to provide income from these fish17 eries for small boats and Alaskan on-shore proc18 essors that is no less than in 1999.

19 (7) The regulations that are promulgated pur20 suant to paragraph (4) shall not be modified in any

21 way other than upon recommendation of the North

22 Pacific Council, before March 15, 2001.

23 (d) SEA LION PROTECTION MEASURES.—

24 $20,000,000 is hereby appropriated to the Secretary of

25 Commerce to remain available until expended to develop
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1 and implement a coordinated, comprehensive research and

2 recovery program for the Steller sea lion, which shall be

3 designed to study—

4 (1) available prey species;

5 (2) predator/prey relationships;

6 (3) predation by other marine mammals;

7 (4) interactions between fisheries and Steller

8 sea lions, including the localized depletion theory;

9 (5) regime shift, climate change, and other im10 pacts associated with changing environmental condi11 tions in the North Pacific and Bering Sea;

12 (6) disease;

13 (7) juvenile and pup survival rates;

14 (8) population counts;

15 (9) nutritional stress;

16 (10) foreign commercial harvest of sealions out17 side the exclusive economic zone;

18 (11) the residual impacts of former govern19 ment-authorized Steller sea lion eradication bounty

20 programs; and

21 (12) the residual impacts of intentional lethal

22 takes of Steller sea lions.

23 Within available funds the Secretary shall implement on

24 a pilot basis innovative non-lethal measures to protect
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1 Steller sea lions from marine mammal predators including

2 killer whales.

3 (e) ECONOMIC DISASTER RELIEF.—$30,000,000 is

4 hereby appropriated to the Secretary of Commerce to

5 make available as a direct payment to the Southwest Alas6 ka Municipal Conference to distribute to fishing commu7 nities, businesses, community development quota groups,

8 individuals, and other entities to mitigate the economic

9 losses caused by Steller sea lion protection measures here10 tofore incurred; provided that the President of such orga11 nization shall provide a written report to the Secretary

12 and the House and Senate Appropriations Committee

13 within 6 months of receipt of these funds.

14 DEPARTMENT OF STATE AND RELATED

15 AGENCY

16 GENERAL PROVISIONS

17 SEC. 210. In addition to any amounts made available

18 for ‘‘Educational and Cultural Exchange Programs within

19 the Department of State’’, $500,000 shall be made avail20 able only for the Irish Institute.

21 SEC. 211. In addition to amounts appropriated under

22 the heading ‘‘International Broadcasting Operations,

23 Broadcasting Board of Governors’’ in the Departments of

24 Commerce, Justice, and State, the Judiciary, and Related

25 Agencies Appropriations Act, 2001, $10,000,000 to re-
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1 main available until expended, for increased broadcasting

2 to Russia and surrounding areas, and to China, by Radio

3 Free Europe/Radio Liberty, Radio Free Asia, and the

4 Voice of America: Provided, That any amount of such

5 funds may be transferred to the ‘‘Broadcasting Capital

6 Improvements’’ account to carry out such purposes.

7 RELATED AGENCIES

8 COMMISSION ON ONLINE CHILD PROTECTION

9 For necessary expenses of the Commission on Online

10 Child Protection, $750,000, to remain available until ex11 pended.

12 SMALL BUSINESS ADMINISTRATION

13 SALARIES AND EXPENSES

14 For an additional amount for ‘‘Salaries and Ex15 penses’’, $1,000,000 shall be available for a grant to the

16 Electronic Commerce Resource Center in Scranton, Penn17 sylvania, to establish an electronic commerce technology

18 distribution center.

19 GENERAL PROVISION

20 SEC. 212. For an additional amount for ‘‘Small Busi21 ness Administration, Salaries and Expenses’’, $1,000,000

22 shall be made available only for a grant to the National

23 Museum of Jazz in New York, New York.
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1 GENERAL PROVISION—THIS CHAPTER

2 SEC. 213. (a) The provisions of H.R. 5548 (as en3 acted into law by H.R. 4942 of the 106th Congress) are

4 amended as follows:

5 (1) In title I, under the heading ‘‘Salaries and

6 Expenses, United States Marshals Service’’, by

7 striking ‘‘3,947’’ and inserting ‘‘4,034’’.

8 (2) In title I, by redesignating sections 114

9 through 119 as sections 113 through 118, respec10 tively.

11 (3) In title II, under the heading ‘‘National

12 Oceanic and Atmospheric Administration—Oper13 ations, Research, and Facilities’’, by striking

14 ‘‘$31,439,000’’ and inserting ‘‘$32,054,000’’.

15 (4) In title II, under the heading ‘‘National

16 Oceanic and Atmospheric Administration—Coastal

17 and Ocean Activities’’—

18 (A) by striking ‘‘non-contiguous States ex19 cept Hawaii’’ and inserting ‘‘Alaska’’;

20 (B) by striking ‘‘Inc,’’ and inserting

21 ‘‘Inc.,’’;

22 (C) by striking ‘‘scrup;’’ and inserting

23 ‘‘scrub;’’; and
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1 (D) by striking ‘‘watershed for lower

2 Rouge River restoration:’’ and inserting ‘‘water3 shed:’’.

4 (5) In title IV, by striking section 406 and by

5 redesignating sections 407 and 408 as sections 406

6 and 407, respectively.

7 (6) In title VI, by striking sections 635 and

8 636.

9 (7) In title IX, in the first proviso of section

10 901, by striking ‘‘, territory or an Indian Tribe’’ and

11 inserting ‘‘or territory’’.

12 (b) The amendments made by this section shall take

13 effect as if included in H.R. 4942 of the 106th Congress

14 on the date of its enactment.

15 CHAPTER 3

16 DEPARTMENT OF DEFENSE

17 GENERAL PROVISIONS—THIS CHAPTER

18 SEC. 301. In the event that award of the full funding

19 contract for low-rate initial production of the F–22 air20 craft is delayed beyond December 31, 2000 because of in21 ability to complete the requirements specified in section

22 8124 of the Department of Defense Appropriations Act,

23 2001 (Public Law 106–259), the Secretary of the Air

24 Force may obligate up to $353,000,000 of the funds ap25 propriated in title III of Public Law 106–259 to continue
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1 F–22 Lot 1 (10 aircraft) advance procurement to protect

2 the supplier base and preserve program costs and sched3 ule.

4 SEC. 302. (a) Consistent with Executive Order Num5 ber 1733, dated March 3, 1913, and notwithstanding sec6 tion 303 of the Alaska National Interest Lands Conserva7 tion Act, Public Law 96–487, or any other law, the De8 partment of the Air Force shall have primary jurisdiction,

9 custody, and control over Shemya Island and its appur10 tenant waters (including submerged lands). In exercising

11 such primary jurisdiction, custody, and control, the Sec12 retary of the Air Force may utilize and apply such authori13 ties as are generally applicable to a military installation,

14 base, camp, post, or station. Shemya Island and its appur15 tenant waters (including submerged lands) shall continue

16 to be included within the Alaska Maritime National Wild17 life Refuge and the National Wildlife Refuge System and

18 the Secretary of the Interior shall have jurisdiction sec19 ondary to that of the Department of the Air Force. Noth20 ing in this section shall prohibit the transfer of jurisdic21 tion, custody, and control over Shemya Island by the De22 partment of the Air Force to another military department.

23 In the event the military department exercising such pri24 mary jurisdiction, custody, and control no longer has a

25 need to exercise such primary jurisdiction, custody, and
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1 control of Shemya Island and its appurtenant waters (in2 cluding submerged lands), such jurisdiction, custody, and

3 control shall terminate and the Secretary of the Interior

4 shall then exercise sole jurisdiction, custody, and control

5 over Shemya Island and its appurtenant waters (including

6 submerged lands) as part of the Alaska Maritime National

7 Wildlife Refuge.

8 (b) Any environmental contamination of Shemya Is9 land caused by a military department shall be the respon10 sibility of that military department and not the responsi11 bility of the Department of the Interior. Any money rent12 als received by a military department from outgrants on

13 Shemya Island will be applied to the environmental res14 toration of the island in accordance with 10 U.S.C. 2667.

15 (c) This section shall not be construed as altering any

16 existing property rights of the State of Alaska or any pri17 vate person.

18 (d) The military department exercising primary juris19 diction, custody, and control over Shemya Island shall,

20 consistent with the accomplishment of the military mission

21 and subject to section 21 of the Internal Security Act of

22 1950, Public Law 81–831 (50 U.S.C. 797) (also known

23 as the Subversive Activities Control Act of 1950)—
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1 (1) work with the United States Fish and Wild2 life Service to protect and conserve the wildlife and

3 habitat on the island; and

4 (2) grant access to Shemya Island and its ap5 purtenant waters to the United States Fish and

6 Wildlife Service for the purpose of management of

7 the Alaska Maritime National Wildlife Refuge.

8 SEC. 303. Within the funds appropriated for the Pa9 triot PAC–3 program under title III of the Department

10 of Defense Appropriations Act, 2001 (Public Law 106–

11 259), the Ballistic Missile Defense Organization shall pro12 cure no less than 40 PAC–3 missiles.

13 SEC. 304. Section 8133 of Public Law 106–259 (114

14 Stat. 703) is amended by striking ‘‘$300,000,000’’ in the

15 first proviso and inserting ‘‘$550,000,000’’.

16 (TRANSFER OF FUNDS)

17 SEC. 305. Of the total amount appropriated by title

18 II of the Department of Defense Appropriations Act, 2001

19 (Public Law 106–259) for operation and maintenance for

20 the Armed Force or Armed Forces under the jurisdiction

21 of the Secretary of a military department, the Secretary

22 of that military department may transfer up to

23 $2,000,000 to the central fund established by the Sec24 retary under section 2493(d) of title 10, United States

25 Code, for funding Fisher Houses and Fisher Suites.

26 Amounts so transferred shall be merged with other
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1 amounts in the central fund to which transferred and shall

2 be available without fiscal year limitation for the purposes

3 for which amounts in that fund are available.

4 SEC. 306. FUNDING FOR CERTAIN COSTS OF VESSEL

5 TRANSFERS. There is hereby appropriated into the De6 fense Vessels Transfer Program Account such sums as

7 may be necessary for the costs (as defined in section 502

8 of the Congressional Budget Act of 1974 (2 U.S.C. 661a))

9 of the lease-sale transfers authorized by the National De10 fense Authorization Act, 2001. Funds in that account are

11 available only for the purpose of covering those costs.

12 SEC. 307. Of the total amount appropriated by title

13 IV of the Department of Defense Appropriations Act,

14 2001 (Public Law 106–259) under the heading ‘‘Re15 search, Development, Test and Evaluation, Defense16 Wide’’, not less than $5,000,000 shall be made available

17 only for support of a Gulf War illness research program

18 at the University of Texas Southwestern Medical Center.

19 (INCLUDING TRANSFER OF FUNDS)

20 SEC. 308. In addition to amounts appropriated for

21 the Department of Defense in the Department of Defense

22 Appropriations Act, 2001 (Public Law 106–259),

23 $150,000,000 is hereby appropriated for ‘‘Operation and

24 Maintenance, Navy’’ and shall remain available until ex25 pended, only for costs associated with the repair of the

26 U.S.S. COLE: Provided, That the Secretary of Defense
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1 may transfer these funds to appropriations accounts for

2 procurement: Provided further, That the funds transferred

3 shall be merged with and shall be available for the same

4 purposes and for the same time period, as the appropria5 tion to which transferred: Provided further, That the

6 transfer authority provided in this section is in addition

7 to any other transfer authority available to the Depart8 ment of Defense: Provided further, That the welfare of the

9 crew, and of the families of the crew, of the U.S.S. COLE

10 shall be considered in the Navy’s selection of the process

11 and location for the repair of the U.S.S. COLE: Provided

12 further, That the entire amount made available in this sec13 tion is designated by the Congress as an emergency re14 quirement pursuant to section 251(b)(2)(A) of the Bal15 anced Budget and Emergency Deficit Control Act of 1985,

16 as amended.

17 SEC. 309. Notwithstanding any other provision of

18 law, the Administrator of the General Services Adminis19 tration may utilize funds available to the National Science

20 and Technology Council (authorized by Executive Order

21 No. 12881), or any successor entity to the council, under

22 section 635 of the Treasury and General Government Ap23 propriations Act, 2001, for payment of any expenses of,

24 and shall ensure that administrative services, facilities,

25 staff and other support are provided for, the Commission
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1 on the Future of the United States Aerospace Industry

2 pursuant to section 1092(e)(1) of the Floyd D. Spence

3 National Defense Authorization Act for Fiscal Year 2001

4 (as enacted by section 1 of the Act to authorize appropria5 tions for fiscal year 2001 for military activities of the De6 partment of Defense, for military construction, and for de7 fense activities of the Department of Energy, to prescribe

8 personnel strengths for such fiscal year for the Armed

9 Forces, and for other purposes).

10 SEC. 310. In addition to funds provided elsewhere in

11 this Act, or in the Department of Defense Appropriations

12 Act, 2001 (Public Law 106–259), $2,000,000 is hereby

13 appropriated to ‘‘Operation and Maintenance, Marine

14 Corps’’, only for planning and National Environmental

15 Protection Act documentation for the proposed airfield

16 and heliport at the Marine Corps Air Ground Task Force

17 Training Command.

18 (TRANSFER OF FUNDS)

19 SEC. 311. Of the funds made available in the Depart20 ment of Defense Appropriations Act, 2001 (Public Law

21 106–259), the Secretary of the Air Force shall transfer

22 $5,000,000 of the funds provided for ‘‘Operation and

23 Maintenance, Air Force’’ to the Secretary of the Interior

24 for maintenance, protection, or preservation of the land

25 and interests in land described in section 3 of the Minute26 man Missile National Historic Site Establishment Act of
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1 1999 (Public Law 106–115; 113 Stat. 1540): Provided,

2 That the transfer authority provided in this section is in

3 addition to any other transfer authority available to the

4 Department of Defense for fiscal year 2001.

5 SEC. 312. (a) The Secretary of the Air Force is au6 thorized to convey to the Roosevelt General Hospital,

7 Portales, New Mexico, without consideration, and without

8 regard to title II of the Federal Property and Administra9 tive Services Act of 1949, all right, title, and interest of

10 the United States in any personal property of the Air

11 Force that the Secretary determines—

12 (1) is appropriate for use by the Roosevelt Gen13 eral Hospital in the operation of that hospital; and

14 (2) is excess to the needs of the Air Force.

15 (b) The Secretary may require any additional terms

16 and conditions in connection with any conveyance under

17 subsection (a) that the Secretary considers appropriate to

18 protect the interests of the United States.

19 (INCLUDING TRANSFER OF FUNDS)

20 SEC. 313. In addition to amounts appropriated for

21 the Department of Defense in the Department of Defense

22 Appropriations Act, 2001 (Public Law 106–259),

23 $100,000,000 is hereby appropriated for ‘‘Overseas Con24 tingency Operations Transfer Fund’’ and shall remain

25 available until expended: Provided, That the Secretary of

26 Defense may transfer the funds provided herein only to
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1 appropriations for military personnel; operation and main2 tenance; procurement; research, development, test and

3 evaluation; and working capital funds: Provided further,

4 That the funds transferred shall be merged with and shall

5 be available for the same purposes and for the same time

6 period, as the appropriation to which transferred: Pro7 vided further, That upon a determination that all or part

8 of the funds transferred from this appropriation are not

9 necessary for the purposes provided herein, such amounts

10 may be transferred back to this appropriation: Provided

11 further, That the transfer authority provided in this sec12 tion is in addition to any other transfer authority con13 tained elsewhere in this Act: Provided further, That funds

14 appropriated by this section, or made available by the

15 transfer of funds in this section, for intelligence activities

16 are deemed to be specifically authorized by the Congress

17 for the purposes of section 504 of the National Security

18 Act of 1947 (50 U.S.C. 414) during fiscal year 2001: Pro19 vided further, That the entire amount made available in

20 this section is designated by the Congress as an emergency

21 requirement pursuant to section 251(b)(2)(A) of the Bal22 anced Budget and Emergency Deficit Control Act of 1985,

23 as amended.

24 SEC. 314. Of the total amount appropriated by title

25 IV of the Department of Defense Appropriations Act,
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1 2001 (Public Law 106–259) under the heading ‘‘Re2 search, Development, Test and Evaluation, Navy’’, up to

3 $3,000,000 shall be made available to the Marine Corps

4 to pursue research in Nanotechnology for Consequence

5 Management.

6 SEC. 315. Of the total amount appropriated by title

7 IV of the Department of Defense Appropriations Act,

8 2001 (Public Law 106–259) under the heading ‘‘Re9 search, Development, Test and Evaluation, Army’’, not

10 less than $1,500,000 shall be made available only for in11 stallation of the Medical Area Network for Virtual Tech12 nologies at Fort Detrick and Walter Reed Army Hospital,

13 and not less than $1,000,000 shall be made available only

14 to conduct a pilot study to determine the feasibility of es15 tablishing a Department of Defense Information Analysis

16 Center for telemedicine.

17 SEC. 316. The Secretary of the Navy shall acquire

18 50 acres of real property located on Reed Island, along

19 the south shore of the St. John’s River across from Blount

20 Island Command, Jacksonville, Florida. The Secretary of

21 the Navy shall pay not more than the fair market value

22 of the property, to be determined pursuant to an appraisal

23 acceptable to the Secretary of the Navy; but in no case

24 shall the price exceed $4,200,000: Provided, That the

25 exact acreage and legal description of the real property
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1 to be acquired pursuant to this section shall be determined

2 by a survey satisfactory to the Secretary of the Navy: Pro3 vided further, That the Secretary of the Navy may require

4 such additional terms and conditions in connection with

5 the land acquisition pursuant to this section as the Sec6 retary considers appropriate to protect the interests of the

7 United States.

8 SEC. 317. Of the total amount appropriated by title

9 IV of the Department of Defense Appropriations Act,

10 2001 (Public Law 106–259) under the heading ‘‘Re11 search, Development, Test, and Evaluation, Navy’’ the

12 Secretary of the Navy may establish Marine Fire Training

13 Centers at the Marine and Environmental Research and

14 Training Station and Barbers Point by grants or con15 tracts.

16 SEC. 318. Notwithstanding any other provision of

17 law, and notwithstanding the provisions in section 7306

18 of title 10, United States Code, of the funds provided in

19 the Department of Defense Appropriations Act, 2001

20 (Public Law 106–259) for ‘‘Operation and Maintenance,

21 Navy’’, $750,000 shall be available only for repair of ex22 Turner Joy.

23 SEC. 319. In addition to amounts appropriated or

24 otherwise made available for the Department of Defense

25 elsewhere in this Act or in the Department of Defense Ap-
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1 propriations Act, 2001 (Public Law 106–259), $2,000,000

2 is hereby appropriated under the heading ‘‘Operation and

3 Maintenance, Defense-Wide’’, to remain available for obli4 gation until September 30, 2001, only for the Defense Im5 agery and Mapping Agency Program.

6 SEC. 320. None of the funds available in the Depart7 ment of Defense Appropriations Act, 2001 (Public Law

8 106–259) shall be used to consolidate or incorporate Air

9 Force radar operations maintenance and support pro10 grams or contracts into an Air Force SENSOR or a simi11 lar acquisition program.

12 SEC. 321. In addition to amounts appropriated else13 where in this Act, or in the Department of Defense Appro14 priations Act, 2001 (Public Law 106–259), $1,000,000 is

15 hereby appropriated to ‘‘Research, Development, Test and

16 Evaluation, Air Force’’, only to develop rapid diagnostic

17 and fingerprinting techniques along with molecular moni18 toring systems for the detection of nosocomial infections.

19 SEC. 322. Of the total amount appropriated by title

20 IV of the Department of Defense Appropriations Act,

21 2001 (Public Law 106–259) under the heading ‘‘Re22 search, Development, Test and Evaluation, Navy’’,

23 $1,500,000 shall be made available by grant or contract

24 only to the California Central Coast Research Partnership

25 (C3RP).
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1 SEC. 323. FORT IRWIN NATIONAL TRAINING CEN2 TER EXPANSION. (a) FINDINGS.—Congress makes the fol3 lowing findings:

4 (1) The National Training Center at Fort

5 Irwin, California, is the only instrumented training

6 area in the world suitable for live fire training of

7 heavy brigade-sized military forces and thus provides

8 the Army with essential training opportunities nec9 essary to maintain and improve military readiness

10 and promote national security.

11 (2) The National Training Center must be ex12 panded to meet the critical need of the Army for ad13 ditional training lands suitable for the maneuver of

14 large numbers of military personnel and equipment,

15 which is necessitated by advances in equipment, by

16 doctrinal changes, and by Force XXI doctrinal ex17 perimentation requirements.

18 (3) The lands being considered for expansion of

19 the National Training Center are home to the desert

20 tortoise and other species that are protected under

21 the Endangered Species Act of 1973, and the Sec22 retary of Defense and the Secretary of the Interior,

23 in developing a plan for expansion of the National

24 Training Center, must provide for such expansion in

25 a manner that complies with the Endangered Spe-
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1 cies Act of 1973, the National Environmental Policy

2 Act of 1969, and other applicable laws.

3 (4) In order for the expansion of the National

4 Training Center to be implemented on an expedited

5 basis, the Secretaries should proceed without delay

6 to define with specificity the key elements of the ex7 pansion plan, including obtaining early input regard8 ing national security requirements, Endangered Spe9 cies Act of 1973 compliance and mitigation, and Na10 tional Environmental Policy Act of 1969 compliance.

11 (b) PURPOSE.—The purpose of this section is to ex12 pedite the expansion of the National Training Center at

13 Fort Irwin, California, in a manner that is fully compliant

14 with environmental laws.

15 (c) PREPARATION OF PROPOSED EXPANSION

16 PLAN.—

17 (1) PREPARATION REQUIRED.—The Secretary

18 of the Army and the Secretary of the Interior (in

19 this section referred to as the ‘‘Secretaries’’) shall

20 jointly prepare a proposed plan for the expansion of

21 the National Training Center at Fort Irwin, Cali22 fornia.

23 (2) SUBMISSION AND AVAILABILITY.—The plan

24 required by paragraph (1) (in this section referred

25 to as the ‘‘proposed expansion plan’’) shall be com-
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1 pleted not later than 120 days after the date of the

2 enactment of this Act. When completed, the Secre3 taries shall make the proposed expansion plan avail4 able to the public and shall publish in the Federal

5 Register a ‘‘notice of availability’’ concerning the

6 proposed expansion plan.

7 (d) KEY ELEMENTS OF PROPOSED EXPANSION

8 PLAN.—

9 (1) JOINT REPORT.—Not later than 45 days

10 after the date of the enactment of this Act, the Sec11 retaries shall submit to Congress a joint report that

12 identifies the key elements of the proposed expansion

13 plan.

14 (2) LANDS WITHDRAWAL AND RESERVATION.—

15 The proposed expansion plan shall include the with16 drawal and reservation of an appropriate amount of

17 public lands for—

18 (A) the conduct of combined arms military

19 training at the National Training Center;

20 (B) the development and testing of mili21 tary equipment at the National Training Cen22 ter;

23 (C) other defense-related purposes; and

24 (D) conservation and research purposes.
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1 (3) CONSERVATION MEASURES.—The proposed

2 expansion plan shall also include a general descrip3 tion of conservation measures, anticipated to cost

4 approximately $75,000,000, that may be necessary

5 and appropriate to protect and promote the con6 servation of the desert tortoise and other endangered

7 or threatened species and their critical habitats in

8 designated wildlife management areas in the West

9 Mojave Desert. The conservation measures may

10 include—

11 (A) the establishment of one or more re12 search natural areas, which may include lands

13 both within and outside the National Training

14 Center;

15 (B) the acquisition of private and State

16 lands within the wildlife management areas in

17 the West Mojave Desert;

18 (C) the construction of barriers, fences,

19 and other structures that would promote the

20 conservation of endangered or threatened spe21 cies and their critical habitats;

22 (D) the funding of research studies; and

23 (E) other conservation measures.

24 (d) PRELIMINARY REVIEW OF EXPANSION PLAN.—
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1 (1) REVIEW REQUIRED.—Not later than 90

2 days after the date of the enactment of this Act, the

3 Director of the United States Fish and Wildlife

4 Service shall submit to the Secretaries a preliminary

5 review of the proposed expansion plan (as developed

6 as of that date). In the preliminary review, the Di7 rector shall identify, with as much specificity as pos8 sible, an approach for implementing the proposed ex9 pansion plan consistent with the Endangered Species

10 Act of 1973 (16 U.S.C. 1531 et seq.).

11 (2) RELATION TO FORMAL REVIEW.—The pre12 liminary review under paragraph (1) shall not con13 stitute a formal consultation under section 7 of the

14 Endangered Species Act of 1973 (16 U.S.C. 1536),

15 but shall be used to assist the Secretaries in more

16 precisely defining the nature and scope of an expan17 sion plan for the National Training Center that is

18 likely to satisfy requirements of the Endangered

19 Species Act of 1973 and to expedite the formal con20 sultation process under section 7 of such Act.

21 (3) CONSIDERATION OF PRELIMINARY RE22 VIEW.—In preparing the proposed expansion plan,

23 the Secretaries shall take into account the content of

24 the preliminary review by the Director of the United
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1 States Fish and Wildlife Service under paragraph

2 (1).

3 (e) DRAFT LEGISLATION.—The Secretaries shall sub4 mit to Congress with the proposed expansion plan a draft

5 of proposed legislation providing for the withdrawal and

6 reservation of public lands for the expansion of the Na7 tional Training Center. It is the sense of the Congress that

8 the proposed legislation should contain a provision that,

9 if enacted, would prohibit ground-disturbing military use

10 of the land to be withdrawn and reserved by the legislation

11 until the Secretaries have certified that there has been full

12 compliance with the appropriate provisions of the legisla13 tion, the Endangered Species Act of 1973, the National

14 Environmental Policy Act of 1969, and other applicable

15 laws.

16 (f ) CONSULTATION UNDER ENDANGERED SPECIES

17 ACT OF 1973.—The Secretaries shall initiate the formal

18 consultation required under section 7 of the Endangered

19 Species Act of 1973 (16 U.S.C. 1536) with respect to ex20 pansion of the National Training Center as soon as prac21 ticable and shall complete such consultation not later than

22 2 years after the date of the enactment of this Act.

23 (g) ENVIRONMENTAL REVIEW.—Not later than 6

24 months following completion of the formal consultation re25 quired under section 7 of the Endangered Species Act of
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1 1973 with respect to expansion of the National Training

2 Center, the Secretaries shall complete any analysis re3 quired under the National Environmental Policy Act of

4 1969 with respect to the proposed expansion of the Na5 tional Training Center. The analysis shall be coordinated,

6 to the extent practicable and appropriate, with the review

7 of the West Mojave Coordinated Management Plan that,

8 as of the date of the enactment of this Act, is being under9 taken by the Bureau of Land Management.

10 (h) FUNDING.—

11 (1) IMPLEMENTATION OF CONSERVATION MEAS12 URES.—There are authorized to be appropriated

13 $75,000,000 to the Secretary of the Army for the

14 implementation of conservation measures necessary

15 for the final expansion plan for the National Train16 ing Center to comply with the Endangered Species

17 Act of 1973.

18 (2) IMPLEMENTATION OF SECTION.—The

19 amounts of $2,500,000 for ‘‘Operation and Mainte20 nance, Army’’ and $2,500,000 for ‘‘Management of

21 Lands and Resources, Bureau of Land Manage22 ment’’ are hereby appropriated to the Secretary of

23 the Army and the Secretary of the Interior, respec24 tively, only to undertake and complete on an expe25 dited basis the activities specified in this section.
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1 CHAPTER 4

2 DISTRICT OF COLUMBIA FEDERAL FUNDS

3 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA

4 COURTS

5 For an additional amount for the District of Colum6 bia courts for capital repairs necessitated by the recent

7 fire damage to the courthouse facilities, $350,000, to re8 main available until September 30, 2002, and for an addi9 tional amount for such repairs for the Superior Court of

10 the District of Columbia, $50,000: Provided, That after

11 providing notice to the Committees on Appropriations of

12 the Senate and House of Representatives, the District of

13 Columbia courts may reallocate not more than $1,000,000

14 of the funds provided under this heading under the Dis15 trict of Columbia Appropriations Act, 2001, among the

16 items and entities funded under such heading for the costs

17 of such repairs.

18 GENERAL PROVISIONS—THIS CHAPTER

19 SEC. 401. (a) Section 106(b) of the District of Co20 lumbia Public Works Act of 1954 (sec. 43–1552(b), D.C.

21 Code), as amended by section 133 of the District of Co22 lumbia Appropriations Act, 1990, is amended—

23 (1) in the third sentence of paragraph (1), by

24 striking ‘‘United States Treasury and’’ and all that

25 follows through ‘‘by the’’; and
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1 (2) by adding at the end the following new

2 paragraph:

3 ‘‘(5) Not later than the 15th day of the month fol4 lowing each quarter (beginning with the first quarter of

5 fiscal year 2001), the inspector general of each Federal

6 department, establishment, or agency receiving water serv7 ices from the District of Columbia shall submit a report

8 to the Committees on Appropriations of the House of Rep9 resentatives and Senate analyzing the promptness of pay10 ment with respect to the services furnished to such depart11 ment, establishment, or agency.’’.

12 (b) Section 212(b) of the District of Columbia Public

13 Works Act of 1954 (sec. 43–1612(b), D.C. Code), as

14 amended by section 133 of the District of Columbia Ap15 propriations Act, 1990, is amended—

16 (1) in the third sentence of paragraph (1), by

17 striking ‘‘United States Treasury and’’ and all that

18 follows through ‘‘by the’’; and

19 (2) by adding at the end the following new

20 paragraph:

21 ‘‘(5) Not later than the 15th day of the month fol22 lowing each quarter (beginning with the first quarter of

23 fiscal year 2001), the inspector general of each Federal

24 department, establishment, or agency receiving sanitary

25 sewer services from the District of Columbia shall submit
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1 a report to the Committees on Appropriations of the

2 House of Representatives and Senate analyzing the

3 promptness of payment with respect to the services fur4 nished to such department, establishment, or agency.’’.

5 (c) The amendments made by this section shall take

6 effect as if included in the enactment of section 133 of

7 the District of Columbia Appropriations Act, 1990.

8 SEC. 402. (a) The Act entitled ‘‘An Act donating cer9 tain Lots in the City of Washington for Schools for Col10 ored Children in the District of Columbia’’, approved July

11 28, 1866 (14 Stat. 343), is amended by striking the sec12 ond sentence.

13 (b) Section 319 of the Revised Statutes of the United

14 States relating to the District of Columbia and Post Roads

15 (sec. 31–206, D.C. Code) is repealed.

16 SEC. 403. RESTRICTIONS ON USE OF ANNUAL UNOB17 LIGATED BALANCE IN D.C. CRIME VICTIMS COMPENSA18 TION FUND. (a) IN GENERAL.—Section 16(d) of the Vic19 tims of Violent Crime Compensation Act of 1996 (sec. 3–

20 435(d), D.C. Code), as added by section 160(d) of the Dis21 trict of Columbia Appropriations Act, 2000, is amended

22 to read as follows:

23 ‘‘(d) Any unobligated balance existing in the Fund

24 in excess of $250,000 as of the end of each fiscal year

25 (beginning with fiscal year 2000) may be used only in ac-
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1 cordance with a plan developed by the District of Colum2 bia and approved by the Committees on Appropriations

3 of the Senate and House of Representatives, the Com4 mittee on Government Reform of the House of Represent5 atives, and the Committee on Governmental Affairs of the

6 Senate, and not less than 80 percent of such balance shall

7 be used for direct compensation payments to crime victims

8 through the Fund under this section and in accordance

9 with this Act.’’.

10 (b) EFFECTIVE DATE.—The amendment made by

11 subsection (a) shall take effect September 30, 2000.

12 SEC. 404. (a) Notwithstanding any provision of the

13 District of Columbia Appropriations Act, 2001, the Dis14 trict of Columbia may fund the programs identified under

15 the heading ‘‘Reserve’’ in H.R. 4942, One Hundred Sixth

16 Congress, as introduced, subject to the conditions de17 scribed under such heading and upon certification by the

18 District of Columbia Financial Responsibility and Man19 agement Assistance Authority to the Committees on Ap20 propriations of the Senate and House of Representatives

21 that the Chief Financial Officer of the District of Colum22 bia, the Mayor of the District of Columbia, and the Coun23 cil of the District of Columbia have identified and imple24 mented such spending reductions as may be necessary to
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1 ensure that the District of Columbia will not have a budg2 et deficit for fiscal year 2001.

3 (b)(1) Notwithstanding any provision of the District

4 of Columbia Appropriations Act, 2001, the use by the Dis5 trict of the funds described in paragraph (2) for Pay-As6 You-Go Capital Funds shall be optional.

7 (2) The funds described in this paragraph are funds

8 set aside for the reserve established by section 202( j) of

9 the District of Columbia Financial Responsibility and

10 Management Assistance Act of 1995 (as amended by sec11 tion 148 of the District of Columbia Appropriations Act,

12 2000) which are not used for purposes of any reserve

13 funds established under the District of Columbia Appro14 priations Act, 2001, or any amendments made by such

15 Act.

16 (c)(1) The Mayor of the District of Columbia shall

17 deposit the annual interest savings resulting from debt re18 ductions using the proceeds of the tobacco securitization

19 program into the emergency reserve fund established

20 under section 450A of the District of Columbia Home

21 Rule Act (as added by section 159 of the District of Co22 lumbia Appropriations Act, 2001).

23 (2) This subsection shall apply with respect to fiscal

24 year 2001 and each succeeding fiscal year until the re-
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1 quirements of section 450A of the District of Columbia

2 Home Rule Act have been met.

3 SEC. 405. (a) Notwithstanding any provision of the

4 District of Columbia Appropriations Act, 2001, quarterly

5 disbursements shall be calculated and paid to District of

6 Columbia public charter schools during fiscal year 2001

7 in accordance with section 107a(b) of the Uniform Per

8 Student Funding Formula for Public Schools and Public

9 Charter Schools and Tax Conformity Clarification Amend10 ment Act of 1998 (sec. 31–2906.1(b), D.C. Code), as

11 amended by the Enrollment Integrity Act.

12 SEC. 406. (a) The provisions of H.R. 5547 (as en13 acted into law by H.R. 4942 of the 106th Congress) are

14 repealed and shall be deemed for all purposes (including

15 section 1(b) of H.R. 4942) to have never been enacted.

16 (b) The repeal made by this section shall take effect

17 as if included in H.R. 4942 of the 106th Congress on the

18 date of its enactment.
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1 CHAPTER 5

2 ENERGY AND WATER DEVELOPMENT

3 DEPARTMENT OF DEFENSE—CIVIL

4 DEPARTMENT OF THE ARMY

5 CORPS OF ENGINEERS—CIVIL

6 GENERAL INVESTIGATIONS

7 For an additional amount for ‘‘General Investiga8 tions’’, $900,000, to remain available until expended: Pro9 vided, That $100,000 shall be available for a reconnais10 sance study of shore protection needs at North Topsail

11 Beach, North Carolina; $100,000 shall be available for a

12 reconnaissance study for the Passiac County, New Jersey,

13 water infrastructure project; $100,000 shall be available

14 for a reconnaissance study of flooding, drainage and other

15 related problems in the Cayuga Creek Watershed, New

16 York; and $600,000 shall be available for a cost-shared

17 feasibility study of the restoration of the lower St. Antho18 ny’s Falls natural rapids in Minnesota.

19 CONSTRUCTION, GENERAL

20 For an additional amount for ‘‘Construction, Gen21 eral’’, $2,750,000, to remain available until expended:

22 Provided, That $75,000 shall be available for planning and

23 design of a project to provide for floodplain evacuation in

24 the watershed of Pond Creek, Kentucky; $100,000 shall

25 be available for design of recreation and access features

26 at the Louisville Waterfront Park in Kentucky; $500,000
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1 shall be available for a Limited Reevaluation Report for

2 the Central Boca Raton segment of the Palm Beach Coun3 ty, Florida, shore protection project; and $75,000 shall be

4 available to conduct research on the eradication of Eur5 asian water milfoil at Houghton Lake, Michigan: Provided

6 further, That the Secretary of the Army, acting through

7 the Chief of Engineers, is authorized and directed to use

8 $2,000,000 of the funds appropriated herein to initiate de9 sign and construction of the Hawaii Water Management

10 Project, including Waiahole Ditch on Oahu, Kau Ditch on

11 Maui, Pioneer Mill Ditch on Hawaii, and the complex sys12 tem on the west side of Kauai: Provided further, That the

13 Secretary of the Army may use up to $5,000,000 of pre14 viously appropriated funds to carry out the Abandoned

15 and Inactive Noncoal Mine Restoration program author16 ized by section 560 of Public Law 106–53.

17 FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBUTARIES,

18 ARKANSAS, ILLINOIS, KENTUCKY, LOUISIANA, MIS19 SISSIPPI, MISSOURI, AND TENNESSEE

20 For an additional amount for ‘‘Flood Control, Mis21 sissippi River and Tributaries, Arkansas, Illinois, Ken22 tucky, Louisiana, Mississippi, Missouri, and Tennessee’’,

23 $3,500,000, to remain available until expended, for pros24 ecuting work of repair, restoration or maintenance of the

25 Mississippi River levees, and for the correction of defi26 ciencies in the mainline Mississippi River levees.
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1 DEPARTMENT OF THE INTERIOR

2 BUREAU OF RECLAMATION

3 WATER AND RELATED RESOURCES

4 For an additional amount for ‘‘Water and Related

5 Resources’’, $2,000,000, to remain available until ex6 pended, for construction of the Mid-Dakota Rural Water

7 System, in addition to amounts made available under the

8 Energy and Water Appropriations Development Act,

9 2001.

10 DEPARTMENT OF ENERGY

11 ENERGY PROGRAMS

12 ENERGY SUPPLY

13 For an additional amount for ‘‘Energy Supply’’,

14 $800,000, to remain available until expended, for the

15 Prime, LLC, of central South Dakota, for final engineer16 ing and project development of the integrated ethanol

17 complex, including an ethanol unit, waste treatment sys18 tem, and enclosed cattle feed lot.

19 SCIENCE

20 For an additional amount for ‘‘Science’’, $1,000,000,

21 to remain available until expended, for high temperature

22 superconducting research and development at Boston Col23 lege.
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1 CHAPTER 6

2 GENERAL PROVISIONS—THIS CHAPTER

3 SEC. 601. Of the funds appropriated under the head4 ing Department of State, International Narcotics Control

5 and Law Enforcement, in the Foreign Operations, Export

6 Financing, and Related Programs Appropriations Act,

7 2001, not less than $1,350,000 shall be available only for

8 the Protection Project to continue its study of inter9 national trafficking, prostitution, slavery, debt bondage,

10 and other abuses of women and children.

11 SEC. 602. EMBASSY COMPENSATION AUTHORITY.

12 Funds made available under the heading ‘‘Other Bilateral

13 Economic Assistance, Economic Support Fund’’ included

14 in the Foreign Operations, Export Financing, and Related

15 Programs Appropriations Act, 2001 (Public Law 106–

16 429) may be made available, notwithstanding any other

17 provision of law, to provide payment to the Government

18 of the People’s Republic of China for property loss and

19 damage arising out of the May 7, 1999 incident in Bel20 grade, Federal Republic of Yugoslavia.
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1 CHAPTER 7

2 DEPARTMENT OF THE INTERIOR

3 BUREAU OF LAND MANAGEMENT

4 LAND ACQUISITION

5 For an additional amount for ‘‘Land Acquisition’’,

6 $5,000,000, to be derived from the Land and Water Con7 servation Fund and to remain available until expended,

8 to carry out the provisions of title VI of the Steens Moun9 tain Cooperative Management and Protection Act (Public

10 Law 106–399): Provided, That sums necessary to com11 plete the individual land exchanges identified under title

12 VI shall be provided within 30 days of each land exchange.

13 UNITED STATES FISH AND WILDLIFE SERVICE

14 RESOURCE MANAGEMENT

15 For an additional amount for ‘‘Resource Manage16 ment’’, $500,000 for a grant to the Center for Reproduc17 tive Biology at Washington State University.

18 MULTINATIONAL SPECIES CONSERVATION FUND

19 For an additional amount for the ‘‘Multinational Spe20 cies Conservation Fund’’, $750,000, to remain available

21 until expended, for Great Ape conservation activities au22 thorized by law.
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1 NATIONAL PARK SERVICE

2 OPERATION OF THE NATIONAL PARK SYSTEM

3 For an additional amount for ‘‘Operation of the Na4 tional Park System’’, $100,000 for completion of studies

5 related to the Arlington Boathouse in Virginia.

6 NATIONAL RECREATION AND PRESERVATION

7 For an additional amount for ‘‘National Recreation

8 and Preservation’’, $1,600,000, to remain available until

9 expended, of which $500,000 is for the National Constitu10 tion Center in Philadelphia, Pennsylvania and $1,100,000

11 is for a grant to the Historic New Bridge Landing Park

12 Commission.

13 HISTORIC PRESERVATION FUND

14 For an additional amount for the ‘‘Historic Preserva15 tion Fund’’, $100,000 for a grant to the Massillon Herit16 age Foundation, Inc. in Massillon, Ohio.

17 CONSTRUCTION

18 For an additional amount for ‘‘Construction’’,

19 $3,500,000, to remain available until expended, of which

20 $1,500,000 is for the Stones River National Battlefield

21 and $2,000,000 is for the Millennium Cultural Coopera22 tive Park.

23 DEPARTMENT OF ENERGY

24 ENERGY CONSERVATION

25 For an additional amount for ‘‘Energy Conserva26 tion’’, $300,000, to remain available until expended, for
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•HR 5666 IH

1 a grant to the Oak Ridge National Laboratory/Nevada

2 Test Site Development Corporation for the development

3 of: (1) cooling, refrigeration, and thermal energy manage4 ment equipment capable of using natural gas or hydrogen

5 fuels; and (2) improvement of the reliability of heat-acti6 vated cooling, refrigeration, and thermal energy manage7 ment equipment used in combined heating, cooling, and

8 power applications.

9 RELATED AGENCY

10 WOODROW WILSON INTERNATIONAL CENTER FOR

11 SCHOLARS

12 PAYMENT TO ENDOWMENT FUND

13 For payment to the endowment fund of the Woodrow

14 Wilson International Center for Scholars $5,000,000: Pro15 vided, That such funds may be invested in investments

16 approved by the Board of Trustees of the Woodrow Wilson

17 International Center for Scholars and the income from

18 such investments may be used to support the programs

19 of the Center that the Board of Trustees and the Director

20 of the Center determine appropriate.

21 GENERAL PROVISION—THIS CHAPTER

22 SEC. 701. In addition to amounts appropriated in

23 Public Law 106–291 to the Indian Health Service under

24 the heading ‘‘Indian Health Services’’, $30,000,000, to re25 main available until expended, is appropriated as follows:
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•HR 5666 IH

1 (1) $15,000,000 shall be provided to the Alaska

2 Federation of Natives as a direct lump sum payment

3 within 30 days of enactment of this Act for its Alas4 ka Native Sobriety and Alcohol Control Program:

5 Provided, That the President of the Alaska Federa6 tion of Natives shall make grants to each Alaska

7 Native regional non-profit corporation (as listed in

8 section 103(a)(2) of Public Law 104–193 (110 Stat.

9 2159)) in which there are villages, including estab10 lished villages and organized cities under State law,

11 that have voted to ban the sale, importation, or pos12 session of alcohol pursuant to local option State law:

13 Provided further, That such grants shall be used to:

14 (1) employ Village Public Safety Officers (herein15 after referred to as ‘‘VPSO’s’’) under such terms

16 and conditions that encourage retention of such

17 VPSO’s and that are consistent with agreements

18 with the State of Alaska for the provision of such

19 VPSO services; (2) acquisition of law enforcement

20 equipment or services; or (3) develop and implement

21 restorative justice programs recognized under State

22 sentencing law as a community-based complement or

23 alternative to incarceration or other penalty: Pro24 vided further, That funds may also be used for ac25 tivities and programs to further the sobriety move-
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•HR 5666 IH

1 ment including education and treatment. The Presi2 dent of the Alaska Federation of Natives shall sub3 mit a report on its activities and those of its grant4 ees including administrative costs and persons

5 served by December 31, 2001; and

6 (2) $15,000,000 shall be provided to the Indian

7 Health Service for drug and alcohol prevention and

8 treatment services for non-Alaska tribes.

9 CHAPTER 8

10 GENERAL PROVISIONS—THIS CHAPTER

11 SEC. 801. There are appropriated to the Health Re12 sources and Services Administration in the Department of

13 Health and Human Services, for the construction of the

14 Biotechnology Science Center at the Marshall University

15 in Huntington, West Virginia, $25,000,000, to remain

16 available until expended.

17 SEC. 802. There are appropriated to the Health Re18 sources and Services Administration in the Department of

19 Health and Human Services, for the construction of the

20 Christian Nurses Hospice in Brentwood, New York,

21 $400,000.

22 SEC. 803. There are appropriated to the Institute of

23 Museum and Library Services, for expansion of the marine

24 biology program at the Long Island Maritime Museum,

25 $250,000.
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1 CHAPTER 9

2 LEGISLATIVE BRANCH

3 CONGRESSIONAL OPERATIONS

4 HOUSE OF REPRESENTATIVES

5 PAYMENTS TO WIDOWS AND HEIRS OF DECREASED

6 MEMBERS OF CONGRESS

7 For payment to Laura Y. Bateman, widow of Herbert

8 H. Bateman, late a Representative from the State of Vir9 ginia, $141,300.

10 For payment to Susan L. Vento, widow of Bruce F.

11 Vento, late a Representative from the State of Minnesota,

12 $141,300.

13 For payment to Betty Lee Dixon, widow of Julian

14 C. Dixon, late a Representative from the State of Cali15 fornia, $141,300.

16 ARCHITECT OF THE CAPITOL

17 CAPITOL BUILDINGS AND GROUNDS

18 CAPITOL BUILDINGS

19 SALARIES AND EXPENSES

20 For an additional amount for ‘‘CAPITOL BUILDINGS

21 AND GROUNDS—CAPITOL BUILDINGS—SALARIES AND EX22 PENSES’’ for necessary expenses for construction of emer23 gency egress from the fourth floor of the Capitol Building,

24 $1,033,000, to remain available until expended: Provided,

25 That the entire amount is designated by the Congress as
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•HR 5666 IH

1 an emergency requirement pursuant to section

2 251(b)(2)(A) of the Balanced Budget and Emergency

3 Deficit Control Act of 1985, as amended.

4 LIBRARY OF CONGRESS

5 SALARIES AND EXPENSES

6 For the Library of Congress, $25,000,000, to remain

7 available until expended, for necessary salaries and ex8 penses of the National Digital Information Infrastructure

9 and Preservation Program; and an additional

10 $75,000,000, to remain available until expended, for such

11 purposes: Provided, That the portion of such additional

12 $75,000,000, which may be expended shall not exceed an

13 amount equal to the matching contributions (including

14 contributions other than money) for such purposes that:

15 (1) are received by the Librarian of Congress for the pro16 gram from non-Federal sources; and (2) are received be17 fore March 31, 2003: Provided further, That such program

18 shall be carried out in accordance with a plan or plans

19 approved by the Committee on House Administration of

20 the House of Representatives, the Committee on Rules

21 and Administration of the Senate, the Committee on Ap22 propriations of the House of Representatives, and the

23 Committee on Appropriations of the Senate: Provided fur24 ther, That of the total amount appropriated, $5,000,000

25 may be expended before the approval of a plan to develop
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•HR 5666 IH

1 such a plan, and to collect or preserve essential digital in2 formation which otherwise would be uncollectible: Provided

3 further, That the balance in excess of such $5,000,000

4 shall not be expended without approval in advance by the

5 Committee on Appropriations of the House of Representa6 tives and the Committee on Appropriations of the Senate:

7 Provided further, That the plan under this heading shall

8 be developed by the Librarian of Congress jointly with en9 tities of the Federal Government with expertise in tele10 communications technology and electronic commerce pol11 icy (including the Secretary of Commerce and the Director

12 of the White House Office of Science and Technology Pol13 icy) and the National Archives and Records Administra14 tion, and with the participation of representatives of other

15 Federal, research, and private libraries and institutions

16 with expertise in the collection and maintenance of ar17 chives of digital materials (including the National Library

18 of Medicine, the National Agricultural Library, the Na19 tional Institute of Standards and Technology, the Re20 search Libraries Group, the Online Computer Library

21 Center, and the Council on Library and Information Re22 sources) and representatives of private business organiza23 tions which are involved in efforts to preserve, collect, and

24 disseminate information in digital formats (including the

25 Open e-Book Forum): Provided further, That notwith-
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•HR 5666 IH

1 standing any other provision of law, effective with the One

2 Hundred Seventh Congress and each succeeding Congress

3 the chair of the Subcommittee on the Legislative Branch

4 of the Committee on Appropriations of the House of Rep5 resentatives shall serve as a member of the Joint Com6 mittee on the Library with respect to the Library’s finan7 cial management, organization, budget development and

8 implementation, and program development and adminis9 tration, as well as any other element of the mission of the

10 Library of Congress which is subject to the requirements

11 of Federal law.

12 GENERAL PROVISIONS—THIS CHAPTER

13 SEC. 901. RETIREMENT CREDIT FOR CERTAIN LEG14 ISLATIVE BRANCH EMPLOYEES. (a) FORMER EMPLOYEES

15 OF CONGRESSIONAL CAMPAIGN COMMITTEES.—

16 (1) CSRS.—Section 8332(m) of title 5, United

17 States Code, as amended by section 312 of the Leg18 islative Branch Appropriations Act, 2000, is

19 amended—

20 (A) by redesignating paragraphs (2) and

21 (3) as paragraphs (3) and (4), respectively; and

22 (B) by inserting after paragraph (1) the

23 following new paragraph:

24 ‘‘(2) Upon application to the Office of Personnel

25 Management, any individual who was an employee on the
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1 date of enactment of this paragraph, and who has on such

2 date or thereafter acquires 5 years or more of creditable

3 civilian service under this section (exclusive of service for

4 which credit is allowed under this subsection) shall be al5 lowed credit (as service as a congressional employee) for

6 service before December 31, 1990, while employed by the

7 Democratic Senatorial Campaign Committee, the Repub8 lican Senatorial Campaign Committee, the Democratic

9 National Congressional Committee, or the Republican Na10 tional Congressional Committee, if—

11 ‘‘(A) such employee has at least 4 years and 6

12 months of service on such committees as of Decem13 ber 31, 1990; and

14 ‘‘(B) such employee makes a deposit to the

15 Fund in an amount equal to the amount which

16 would be required under section 8334(c) if such

17 service were service as a congressional employee.’’.

18 (2) FERS.—Section 8411 of title 5, United

19 States Code, is amended by adding at the end the

20 following new subsection:

21 ‘‘(i)(1) Upon application to the Office of Personnel

22 Management, any individual who was an employee on the

23 date of enactment of this paragraph, and who has on such

24 date or thereafter acquired 5 years or more of creditable

25 civilian service under this section (exclusive of service for
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•HR 5666 IH

1 which credit is allowed under this subsection) shall be al2 lowed credit (as service as a congressional employee) for

3 service before December 31, 1990, while employed by the

4 Democratic Senatorial Campaign Committee, the Repub5 lican Senatorial Campaign Committee, the Democratic

6 National Congressional Committee, or the Republican Na7 tional Congressional Committee, if—

8 ‘‘(A) such employee has at least 4 years and 6

9 months of service on such committees as of Decem10 ber 31, 1990; and

11 ‘‘(B) such employee deposits to the Fund an

12 amount equal to 1.3 percent of the base pay for such

13 service, with interest.

14 ‘‘(2) The Office shall accept the certification of the

15 President of the Senate (or the President’s designee) or

16 the Speaker of the House of Representatives (or the

17 Speaker’s designee), as the case may be, concerning the

18 service of, and the amount of compensation received by,

19 an employee with respect to whom credit is to be sought

20 under this subsection.

21 ‘‘(3) An individual shall not be granted credit for

22 such service under this subsection if eligible for credit

23 under section 8332(m) for such service.’’.

24 (b) FORMER EMPLOYEES OF LEGISLATIVE SERVICE

25 ORGANIZATIONS.—
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1 (1) SERVICE OF EMPLOYEES OF LEGISLATIVE

2 SERVICE ORGANIZATIONS.—

3 (A) IN GENERAL.—Subject to succeeding

4 provisions of this paragraph, upon application

5 to the Office of Personnel Management in such

6 form and manner as the Office shall prescribe,

7 any individual who performed service as an em8 ployee of a legislative service organization of the

9 House of Representatives (as defined and au10 thorized in the One Hundred Third Congress)

11 and whose pay was paid in whole or in part by

12 a source other than the Clerk Hire account of

13 a Member of the House of Representatives

14 (other than an individual described in para15 graph (6)) shall be entitled—

16 (i) to receive credit under the provi17 sions of subchapter III of chapter 83 or

18 chapter 84 of title 5, United States Code

19 (whichever would be appropriate), as con20 gressional employee service, for all such

21 service; and

22 (ii) to have all pay for such service

23 which was so paid by a source other than

24 the Clerk Hire account of a Member in25 cluded (in addition to any amounts other-
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1 wise included in basic pay) for purposes of

2 computing an annuity payable out of the

3 Civil Service Retirement and Disability

4 Fund.

5 (B) DEPOSIT REQUIREMENT.—In order to

6 be eligible for the benefits described in subpara7 graph (A), an individual shall be required to

8 pay into the Civil Service Retirement and Dis9 ability Fund an amount equal to the difference

10 between—

11 (i) the employee contributions that

12 were actually made to such Fund under

13 applicable provisions of law with respect to

14 the service described in subparagraph (A);

15 and

16 (ii) the employee contributions that

17 would have been required with respect to

18 such service if the amounts described in

19 subparagraph (A)(ii) had also been treated

20 as basic pay.

21 The amount required under this subparagraph

22 shall include interest, which shall be computed

23 under section 8334(e) of title 5, United States

24 Code.
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1 (C) CERTAIN OFFSETS REQUIRED IN

2 ORDER TO PREVENT DOUBLE CONTRIBUTIONS

3 AND BENEFITS.—In the case of any period of

4 service as an employee of a legislative service

5 organization which constituted employment for

6 purposes of title II of the Social Security Act—

7 (i) any pay for such service (as de8 scribed in subparagraph (A)(ii)) with re9 spect to which the deposit under subpara10 graph (B) would otherwise be computed by

11 applying the first sentence of section

12 8334(a)(1) of title 5, United States Code,

13 shall instead be computed in a manner

14 based on section 8334(k) of such title; and

15 (ii) any retirement benefits under sub16 chapter III of chapter 83 of title 5, United

17 States Code, shall be subject to offset (to

18 reflect that portion of benefits under title

19 II of the Social Security Act attributable

20 to pay referred to in subparagraph (A))

21 similar to that provided for under section

22 8349 of such title.

23 (2) SURVIVOR ANNUITANTS.—For purposes of

24 survivor annuities, an application authorized by this

25 section may, in the case of an individual under para-
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1 graph (1) who has died, be made by a survivor of

2 such individual.

3 (3) RECOMPUTATION OF ANNUITIES.—Any an4 nuity or survivor annuity payable as of when an in5 dividual makes the deposit required under paragraph

6 (1) shall be recomputed to take into account the

7 crediting of service under such paragraph for pur8 poses of amounts accruing for any period beginning

9 on or after the date on which the individual makes

10 the deposit.

11 (4) CERTIFICATION OF SPEAKER.—The Office

12 of Personnel Management shall accept the certifi13 cation of the Speaker of the House of Representa14 tives (or the Speaker’s designee) concerning the

15 service of, and the amount of compensation received

16 by, an employee with respect to whom credit is to be

17 sought under this subsection.

18 (5) NOTIFICATION AND OTHER DUTIES OF THE

19 OFFICE OF PERSONNEL MANAGEMENT.—

20 (A) NOTICE.—The Office of Personnel

21 Management shall take such action as may be

22 necessary and appropriate to inform individuals

23 of any rights they might have as a result of en24 actment of this subsection.
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1 (B) ASSISTANCE.—The Office shall, on re2 quest, assist any individual in obtaining from

3 any department, agency, or other instrumen4 tality of the United States any information in

5 the possession of such instrumentality which

6 may be necessary to verify the entitlement of

7 such individual to have any service credited

8 under this subsection or to have an annuity re9 computed under paragraph (3).

10 (C) INFORMATION.—Any department,

11 agency, or other instrumentality of the United

12 States which possesses any information with re13 spect to an individual’s performance of any

14 service described in paragraph (1) shall, at the

15 request of the office, furnish such information

16 to the Office.

17 (6) EXCLUSION OF CERTAIN EMPLOYEES.—An

18 individual is not eligible for credit under this sub19 section if the individual served as an employee of the

20 House of Representatives for an aggregate period of

21 5 years or longer after the individual’s final period

22 of service as an employee of a legislative service or23 ganization of the House of Representatives.

24 (7) MEMBER DEFINED.—In this subsection, the

25 term ‘‘Member of the House of Representatives’’ in-
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1 cludes a Delegate or Resident Commissioner to Con2 gress.

3 SEC. 902. (a) The Legislative Branch Appropriations

4 Act, 2001 is amended under the subheading ‘‘MISCELLA5 NEOUS ITEMS’’ under the heading ‘‘SENATE’’ under title

6 I by striking ‘‘$8,655,000’’ and inserting ‘‘$25,155,000’’.

7 (b) The amendment made by subsection (a) shall take

8 effect as if included in the enactment of the Legislative

9 Branch Appropriations Act, 2001.

10 SEC. 903. Beginning on the first day of the 107th

11 Congress, the Presiding Officer of the Senate shall apply

12 all of the precedents of the Senate under Rule XXVIII

13 in effect at the conclusion of the 103d Congress. Further

14 that there is now in effect a Standing order of the Senate

15 that the reading of conference reports is no longer re16 quired, if the said conference report is available in the

17 Senate.

18 CHAPTER 10

19 GENERAL PROVISIONS—THIS CHAPTER

20 SEC. 1001. In addition to amounts appropriated or

21 otherwise made available in the Military Construction Ap22 propriations Act, 2001, $43,500,000 is hereby appro23 priated to the Department of Defense, to remain available

24 until September 30, 2005, as follows:

25 ‘‘Military Construction, Army’’, $27,000,000;
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1 ‘‘Military Construction, Air Force’’,

2 $12,000,000;

3 ‘‘Military Construction, Army National Guard’’,

4 $4,500,000:

5 Provided, That notwithstanding any other provision of

6 law, such funds may be obligated or expended to carry

7 out planning and design, military construction, and family

8 housing projects not otherwise authorized by law.

9 SEC. 1002. TRANSFER OF JURISDICTION, MELROSE

10 AIR FORCE RANGE, NEW MEXICO. (a) TRANSFER RE11 QUIRED.—(1) The Secretary of the Interior shall transfer,

12 without reimbursement, to the administrative jurisdiction

13 of the Secretary of the Air Force the surface estate in

14 the real property described in paragraph (2), which con15 sists of 6,713.90 acres of public domain lands in Roosevelt

16 County, New Mexico.

17 (2) The transfer of administrative jurisdiction under

18 paragraph (1) encompasses the following sections (or por19 tions thereof):

20 (A) In Township 1 North, Range 30 East, New

21 Mexico Prime Meridian:

(i) Sec. 2 (S1 22 ⁄2).

23 (ii) Sec. 11. All.

(iii) Sec. 20 (S1⁄2SE1 24 ⁄4).

25 (iv) Sec. 28. All.
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1 (B) In Township 1 South, Range 30 East, New

2 Mexico Prime Meridian:

(i) Sec. 2 (Lots 1–12, S1 3 ⁄2).

(ii) Sec. 3 (Lots 1–12, S1 4 ⁄2).

(iii) Sec. 4 (Lots 1–12, S1 5 ⁄2).

6 (iv) Sec. 6 (Lots 1 and 2).

(v) Sec. 9 (N1⁄2, N1⁄2S1 7 ⁄2).

(vi) Sec. 10 (N1⁄2, N1⁄2S1 8 ⁄2).

(vii) Sec. 11 (N1⁄2, N1⁄2S1 9 ⁄2).

10 (C) In Township 2 North, Range 30 East, New

11 Mexico Prime Meridian:

(i) Sec. 20 (E1⁄2S1 12 ⁄4).

(ii) Sec. 21 (SW1⁄4, W1⁄2SE1 13 ⁄4).

(iii) Sec. 28 (W1⁄2E1⁄2, W1 14 ⁄2).

(iv) Sec. 29 (E1⁄2E1 15 ⁄2).

(v) Sec. 32 (E1⁄2E1 16 ⁄2).

(vi) Sec. 33 (W1⁄2E1⁄2, NW1⁄4, S1⁄2SW1 17 ⁄4).

18 (b) STATUS OF SURFACE ESTATE.—Upon transfer

19 under subsection (a), the surface estate is deemed to be

20 real property subject to the Federal Property and Admin21 istrative Services Act of 1949 (40 U.S.C. 471 et seq.).

22 (c) WITHDRAWAL OF MINERAL ESTATE.—Subject to

23 valid existing rights, the mineral estate of the lands de24 scribed in subsection (a) are withdrawn from all forms of

25 appropriation under the public land laws, including the
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1 mining laws and the mineral and geothermal leasing laws,

2 but not the Act of July 31, 1947 (commonly known as

3 the Materials Act of 1947; 30 U.S.C. 601 et seq.).

4 (d) USE OF MINERAL MATERIALS.—Notwithstanding

5 subsection (c) or the Act of July 31, 1947, the Secretary

6 of the Air Force may use, without application to the Sec7 retary of the Interior, the sand, gravel, or similar mineral

8 material resources on the lands described in subsection

9 (a), of the type subject to disposition under the Act of

10 July 31, 1947, when the use of such resources is required

11 for construction needs on the Melrose Air Force Range,

12 New Mexico.

13 SEC. 1003. TRANSFER OF JURISDICTION, YAKIMA

14 TRAINING CENTER, WASHINGTON. (a) TRANSFER RE15 QUIRED.—(1) The Secretary of the Interior shall transfer,

16 without reimbursement, to the administrative jurisdiction

17 of the Secretary of the Army the surface estate in the real

18 property described in paragraph (2), which consists of

19 6,640.02 acres of public domain lands in Kittitas County,

20 Washington.

21 (2) The transfer of administrative jurisdiction under

22 paragraph (1) encompasses the following sections (or por23 tions thereof):

24 (A) In Township 17 North, Range 20 East,

25 Willamette Meridian:
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(i) Sec. 22 (S1 1 ⁄2).

(ii) Sec. 24 (S1⁄2SW1 2 ⁄4 and that portion of

the E1 3 ⁄2 lying south of the Interstate Highway

4 90 right-of-way).

5 (iii) Sec. 26. All.

6 (B) In Township 16 North, Range 21 East,

7 Willamette Meridian:

(i) Sec. 4 (SW1⁄4SW1 8 ⁄4).

(ii) Sec. 12 (SE1 9 ⁄4).

(iii) Sec. 18 (Lots 1, 2, 3, and 4, E1 10 ⁄2 and

E1⁄2W1 11 ⁄2).

12 (C) In Township 17 North, Range 21 East,

13 Willamette Meridian:

14 (i) Sec. 30 (Lots 3 and 4).

(ii) Sec. 32 (NE1⁄4SE1 15 ⁄4).

16 (D) In Township 16 North, Range 22 East,

17 Willamette Meridian:

(i) Sec. 2 (Lots 1, 2, 3, and 4, S1⁄2N1 18 ⁄2

and S1 19 ⁄2).

(ii) Sec. 4 (Lots 1, 2, 3, and 4, S1⁄2N1 20 ⁄2

and S1 21 ⁄2).

22 (iii) Sec. 10. All.

23 (iv) Sec. 14. All.

(v) Sec. 20 (SE1⁄4SW1 24 ⁄4).

25 (vi) Sec. 22. All.
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(vii) Sec. 26 (N1 1 ⁄2).

(viii) Sec. 28 (N1 2 ⁄2).

3 (E) In Township 16 North, Range 23 East,

4 Willamette Meridian:

(i) Sec. 18 (Lots 3 and 4, E1⁄2SW1 5 ⁄4,

W1⁄2SE1⁄4, and that portion of the E1⁄2SE1 6 ⁄4

7 lying westerly of the westerly right-of-way line

8 of Huntzinger Road).

(ii) Sec. 20 (That portion of the SW1 9 ⁄4

10 lying westerly of the easterly right-of-way line

11 of the railroad).

(iii) Sec. 30 (Lots 1 and 2, NE1 12 ⁄4 and

E1⁄2NW1 13 ⁄4).

14 (b) STATUS OF SURFACE ESTATE.—Upon transfer

15 under subsection (a), the surface estate is deemed to be

16 real property subject to the Federal Property and Admin17 istrative Services Act of 1949 (40 U.S.C. 471 et seq.).

18 (c) WITHDRAWAL OF MINERAL ESTATE.—(1) Sub19 ject to valid existing rights, the mineral estate of the lands

20 described in subsection (a), as well as the additional lands

21 described in paragraph (2), are withdrawn from all forms

22 of appropriation under the public land laws, including the

23 mining laws and the geothermal leasing laws, but not the

24 Act of July 31, 1947 (commonly known as the Materials
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1 Act of 1947; 30 U.S.C. 601, et seq.) and the Mineral

2 Leasing Act (30 U.S.C. 181 et seq.).

3 (2) The additional lands referred to in paragraph (1)

4 consist of 3,090.80 acres in the following sections (or por5 tions thereof):

6 (A) In Township 16 North, Range 20 East,

7 Willamette Meridian:

8 (i) Sec. 12. All.

(ii) Sec. 18 (Lot 4 and SE1 9 ⁄4).

(iii) Sec. 20 (S1 10 ⁄2).

11 (B) In Township 16 North, Range 21 East,

12 Willamette Meridian:

(i) Sec. 4 (Lots 1, 2, 3, and 4, S1⁄2NE1 13 ⁄4).

14 (ii) Sec. 8. All.

15 (C) In Township 16 North, Range 22 East,

16 Willamette Meridian:

17 (i) Sec. 12. All.

18 (D) In Township 17 North, Range 21 East,

19 Willamette Meridian:

(i) Sec. 32 (S1⁄2SE1 20 ⁄4).

(ii) Sec. 34 (W1 21 ⁄2).

22 (d) USE OF MINERAL MATERIALS.—Notwithstanding

23 subsection (c) or the Act of July 31, 1947, the Secretary

24 of the Army may use, without application to the Secretary

25 of the Interior, the sand, gravel, or similar mineral mate-
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1 rial resources on the lands described in subsections (a)

2 and (c), of the type subject to disposition under the Act

3 of July 31, 1947, when the use of such resources is re4 quired for construction needs on the Yakima Training

5 Center, Washington.

6 CHAPTER 11

7 DEPARTMENT OF TRANSPORTATION

8 GENERAL PROVISIONS—THIS CHAPTER

9 SEC. 1101. Section 5309(g)(4)(D)(2) of title 49,

10 United States Code, is amended by striking ‘‘light’’.

11 SEC. 1102. Item number 630 of the table contained

12 in section 1602 of the Transportation Act for the 21st

13 Century (112 Stat. 280), relating to Buffalo, New York,

14 is amended by striking ‘‘Design and construct Outer Har15 bor Bridge in Buffalo’’ and inserting ‘‘Transportation in16 frastructure improvements, Inner Harbor/Redevelopment

17 project, Buffalo’’.

18 SEC. 1103. If the State of Arkansas incorporates into

19 the relocation of U.S. Route 71 through Fort Chaffee, Ar20 kansas, land obtained by the State from the Federal Gov21 ernment as a result of the closure of a military installa22 tion, the Secretary of Transportation shall credit to the

23 State share of the cost of the relocation the fair market

24 value of such land .
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1 SEC. 1104. For an additional amount to enable the

2 Secretary of Transportation to make a grant to the

3 Huntsville International Airport, $2,500,000, to be de4 rived from the airport and airway trust fund, to remain

5 available until expended.

6 SEC. 1105. Notwithstanding any other provision of

7 law, for necessary expenses for the Southeast Light Rail

8 Extension Project in Dallas, Texas, $1,000,000, to be de9 rived from the Mass Transit Account of the Highway

10 Trust Fund and to remain available until expended.

11 SEC. 1106. Section 1105(c) of the Intermodal Sur12 face Transportation Efficiency Act of 1991 (105 Stat.

13 2032–2033) is amended by striking paragraph (38) and

14 replacing it with the following—

15 ‘‘(38) The Ports-to-Plains Corridor from La16 redo, Texas, via I–27 to Denver, Colorado, shall in17 clude:

18 ‘‘(A) In the State of Texas the Ports-to19 Plains Corridor shall generally follow—

20 ‘‘(i) I–35 from Laredo to United

21 States Route 83 at Exit 18;

22 ‘‘(ii) United States Route 83 from

23 Exit 18 to Carrizo Springs;

24 ‘‘(iii) United States Route 277 from

25 Carrizo Springs to San Angelo;
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1 ‘‘(iv) United States Route 87 from

2 San Angelo to Sterling City;

3 ‘‘(v) From Sterling City to Lamesa,

4 the Corridor shall follow United States

5 Route 87 and, the Corridor shall also fol6 low Texas Route 158 from Sterling City to

7 I–20, then via I–20 West to Texas Route

8 349 and, Texas Route 349 from Midland

9 to Lamesa;

10 ‘‘(vi) United States Route 87 from

11 Lamesa to Lubbock;

12 ‘‘(vii) I–27 from Lubbock to Amarillo;

13 and

14 ‘‘(viii) United States Route 287 from

15 Amarillo to Dumas.

16 ‘‘(B) The corridor designation contained in

17 paragraph (A) shall take effect only if the

18 Texas Transportation Commission has not des19 ignated the Ports-to-Plains Corridor in Texas

20 by June 30, 2001.’’.

21 SEC. 1107. For an additional amount to enable the

22 Secretary of Transportation to make a grant for the New23 ark-Elizabeth rail link project, New Jersey, $3,000,000,

24 to be derived from the Mass Transit Account of the High25 way Trust Fund and to remain available until expended.
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1 SEC. 1108. Section 5309(m)(3)(C) of title 49 United

2 States Code, shall not apply to the funds made available

3 in the Department of Transportation and Related Agen4 cies Appropriations Act, 2001: Provided, That notwith5 standing any other provision of law, the 14th Street

6 Bridge, Virginia; Chouteau Bridge, Jackson County, Mis7 souri; Clement C. Clay Bridge replacement, Morgan/Madi8 son counties, Alabama; Fairfield-Benton-Kennebec River

9 Bridge, Maine; Florida Memorial Bridge, Florida; Historic

10 Woodrow Wilson Bridge, Mississippi; Missisquoi Bay

11 Bridge, Vermont; Oaklawn Bridge, South Pasadena, Cali12 fornia; Pearl Harbor Memorial Bridge replacement, Con13 necticut; Powell County Bridge, Montana; Santa Clara

14 Bridge, Oxnard, California; Star City Bridge, West Vir15 ginia; US 231 Bridge over Tennessee River, Alabama; US

16 54/US 69 Bridge, Kansas; Waimalu Bridge replacement

17 on I–1, Hawaii; Washington Bridge, Rhode Island are eli18 gible in fiscal year 2001 under section 144(g)(2) of title

19 23, United States Code: Provided further, That section

20 378 of Public Law 106–346 is amended by inserting after

21 ‘‘US 101’’ the following: ‘‘and Interstate 5 Trade Cor22 ridor’’.

23 SEC. 1109. Notwithstanding any other provision of

24 law, in addition to funds otherwise appropriated in this

25 or any other Act for fiscal year 2001, $4,000,000 is hereby
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1 appropriated from the Highway Trust Fund for Commer2 cial Remote Sensing Products and Spatial Information

3 Technologies under section 5113 of Public Law 105–178,

4 as amended: Provided, That such funds are used to study

5 the creation of a new highway right-of-way south of I–

6 10 along the Mississippi Gulf Coast by relocating the ex7 isting railroad right-of-way out of downtown areas.

8 SEC. 1110. Amtrak is authorized to obtain services

9 from the Administrator of General Services, and the Ad10 ministrator is authorized to provide services to Amtrak,

11 under sections 201(b) and 211(b) of the Federal Property

12 and Administrative Services Act of 1949 (40 U.S.C.

13 481(b) and 491(b)) for fiscal year 2001 and each fiscal

14 year thereafter until the fiscal year that Amtrak operates

15 without Federal operating grant funds appropriated for its

16 benefit, as required by sections 24101(d) and 24104(a)

17 of title 49, United States Code.

18 SEC. 1111. Of the funds made available in the ‘‘Alter19 ation of bridges’’ account of the Department of Transpor20 tation and Related Agencies Appropriations Act, 2001 for

21 the Fox River Bridge, $575,000 shall be transferred by

22 the Secretary of Transportation to the City of Oshkosh

23 for removal of the bridge located at mile point 56.9 of

24 the Fox River in Oshkosh, Wisconsin. The United States
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1 shall assume no responsibility for project management re2 lating to removal of the bridge.

3 SEC. 1112. Notwithstanding section 27 of the Mer4 chant Marine Act, 1920 (46 App. U.S.C. 883), section 8

5 of the Act of June 19, 1886 (46 App. U.S.C. 289), and

6 section 12106 of title 46, United States Code, the Sec7 retary of Transportation may issue a certificate of docu8 mentation with appropriate endorsement for employment

9 in the coastwise trade for the following vessels:

10 (1) M/V WELLS GRAY (State of Alaska reg11 istration number AK 9452 N; former Canadian reg12 istration number 154661); and

13 (2) ANNANDALE (United States official num14 ber 519434).

15 SEC. 1113. CONVEYANCE OF COAST GUARD PROP16 ERTY IN MIDDLETOWN, CALIFORNIA. (a) AUTHORITY TO

17 CONVEY.—

18 (1) IN GENERAL.—The Administrator of Gen19 eral Services (in this section referred to as the ‘‘Ad20 ministrator’’) may promptly convey to Lake County,

21 California (in this section referred to as the ‘‘Coun22 ty’’), without consideration, all right, title, and inter23 est of the United States (subject to subsection (c))

24 in and to the property described in subsection (b).
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1 (2) IDENTIFICATION OF PROPERTY.—The Ad2 ministrator, in consultation with the Commandant of

3 the Coast Guard, may identify, describe, and deter4 mine the property to be conveyed under this section.

5 (b) PROPERTY DESCRIBED.—

6 (1) IN GENERAL.—The property referred to in

7 subsection (a) is such portion of the Coast Guard

8 LORAN Station Middletown as has been reported to

9 the General Services Administration to be excess

10 property, consisting of approximately 733.43 acres,

11 and is comprised of all or part of tracts A–101, A–

12 102, A–104, A–105, A–106, A–107, A–108, and A–

13 111.

14 (2) SURVEY.—The exact acreage and legal de15 scription of the property conveyed under subsection

16 (a), and any easements or rights-of-way reserved by

17 the United States under subsection (c)(1), shall be

18 determined by a survey satisfactory to the Adminis19 trator. The cost of the survey shall be borne by the

20 County.

21 (c) CONDITIONS.—

22 (1) IN GENERAL.—In making the conveyance

23 under subsection (a), the Administrator shall—

24 (A) reserve for the United States such ex25 isting rights-of-way for access and such ease-
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1 ments as are necessary for continued operation

2 of the LORAN station;

3 (B) preserve other existing easements for

4 public roads and highways, public utilities, irri5 gation ditches, railroads, and pipelines; and

6 (C) impose such other restrictions on use

7 of the property conveyed as are necessary to

8 protect the safety, security, and continued oper9 ation of the LORAN station.

10 (2) FIREBREAKS AND FENCE.—(A) The Admin11 istrator may not convey any property under this sec12 tion unless the County and the Commandant of the

13 Coast Guard enter into an agreement with the Ad14 ministrator under which the County is required, in

15 accordance with design specifications and mainte16 nance standards established by the Commandant—

17 (i) to establish and construct within 6

18 months after the date of the conveyance, and

19 thereafter to maintain, firebreaks on the prop20 erty to be conveyed; and

21 (ii) construct within 6 months after the

22 date of conveyance, and thereafter maintain, a

23 fence approved by the Commandant along the

24 property line between the property conveyed

25 and adjoining Coast Guard property.
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1 (B) The agreement shall require that—

2 (i) the County shall pay all costs of estab3 lishment, construction, and maintenance of

4 firebreaks under subparagraph (A)(i); and

5 (ii) the Commandant shall provide all ma6 terials needed to construct a fence under sub7 paragraph (A)(ii), and the County shall pay all

8 other costs of construction and maintenance of

9 the fence.

10 (3) COVENANTS APPURTENANT.—The Adminis11 trator shall take actions necessary to render the re12 quirement to establish, construct, and maintain

13 firebreaks and a fence under paragraph (2) and

14 other requirements and conditions under paragraph

15 (1), under the deed conveying the property to the

16 County, covenants that run with the land for the

17 benefit of land retained by the United States.

18 (d) REVERSIONARY INTEREST.—During the 5-year

19 period beginning on the date the Administrator makes the

20 conveyance authorized by subsection (a), the real property

21 conveyed pursuant to this section, at the option of the Ad22 ministrator, shall revert to the United States and be

23 placed under the administrative control of the Adminis24 trator, if—
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1 (1) the County sells, conveys, assigns, ex2 changes, or encumbers the property conveyed or any

3 part thereof;

4 (2) the County fails to maintain the property

5 conveyed in a manner consistent with the terms and

6 conditions in subsection (c);

7 (3) the County conducts any commercial activi8 ties at the property conveyed, or any part thereof,

9 without approval of the Secretary; or

10 (4) at least 30 days before the reversion, the

11 Administrator provides written notice to the owner

12 that the property or any part thereof is needed for

13 national security purposes.

14 SEC. 1114. CONVEYANCE OF COAST GUARD PROP15 ERTY TO TOWN OF NANTUCKET, MASSACHUSETTS. (a)

16 AUTHORITY TO CONVEY.—

17 (1) IN GENERAL.—Notwithstanding any other

18 law, the Administrator of the General Services Ad19 ministration (Administrator) or the Commandant of

20 the Coast Guard (Commandant), as appropriate,

21 shall convey to the Town of Nantucket, Massachu22 setts (Town), without monetary consideration, all

23 right, title, and interest of the United States of

24 America (United States) in and to a certain parcel

25 of land located in Nantucket, Massachusetts, and
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1 part of the United States Coast Guard LORAN Sta2 tion Nantucket, together with any improvements

3 thereon in their then current condition.

4 (2) IDENTIFICATION OF PROPERTY.—The Ad5 ministrator or the Commandant, as appropriate,

6 shall identify, describe, and determine the property

7 to be conveyed under this section. The Town shall

8 bear all monetary costs associated with any survey

9 required to describe the property to be conveyed

10 under this section and any easements reserved by

11 the United States under subsection (b)(1).

12 (b) TERMS AND CONDITIONS OF CONVEYANCE.—

13 (1) The conveyance of property under this sec14 tion shall be made subject to any terms and condi15 tions the Administrator or the Commandant, as ap16 propriate, considers necessary, including the reserva17 tion of easements and other rights on behalf of the

18 United States, to ensure that—

19 (A) there is reserved to the United States

20 the right to remove, relocate, or replace any aid

21 to navigation located upon, or install or con22 struct any aid to navigation upon, property con23 veyed under this section as may be necessary

24 for navigational purposes;
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1 (B) the United States shall have the right

2 to enter property conveyed under this section at

3 any time, without notice, for purposes of oper4 ating, maintaining, and inspecting any aid to

5 navigation and for the purposes of exercising

6 any of the rights set forth in paragraph (1)(A)

7 of this subsection; and

8 (C) the Town shall not interfere or allow

9 interference, in any manner, with any aid to

10 navigation, whether located upon the property

11 conveyed under this section or upon any portion

12 of LORAN Station Nantucket retained by the

13 United States, nor hinder activities required for

14 the inspection, operation, and maintenance of

15 any such aid to navigation without the Com16 mandant’s express written permission.

17 (2) The Town shall not convey, assign, ex18 change, or in any way encumber the property con19 veyed under this section, unless approved by the Ad20 ministrator.

21 (3) The Town shall not conduct any commercial

22 activities at or upon the property conveyed under

23 this section, unless approved by the Administrator.

24 (4) The Town shall not be required to maintain

25 any active aid to navigation associated with the
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1 property conveyed under this section except for pri2 vate aids to navigation permitted under 14 U.S.C.

3 83.

4 (5) The United States shall not convey any

5 property under this section, nor grant any real prop6 erty license under subsection (d), until the Town en7 ters into an agreement with the United States to re8 locate the Coast Guard receiving antenna and associ9 ated equipment, as identified by the Commandant,

10 at the Town’s sole cost and expense, and subject to

11 the Commandant’s design specifications, project

12 schedule, and final project approval.

13 (6) The United States shall not convey any

14 property under this section, nor grant any real prop15 erty license under subsection (d), until the Town en16 ters into an agreement with the United States that

17 provides that the Town will immediately cease con18 struction or operation of the waste water treatment

19 facility upon notification by the Commandant that

20 the Town’s construction or operation of the facility

21 interferes with any Coast Guard aid to navigation.

22 The agreement shall provide that construction or op23 eration shall not be resumed until the conditions

24 causing the interference are corrected, and the Com-
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1 mandant authorizes the construction or operation to

2 resume.

3 (7) All conditions placed with the deed of title

4 shall be construed as covenants running with the

5 land.

6 (c) REVERSIONARY INTEREST.—In addition to any

7 term or condition established pursuant to this section, the

8 conveyance of property under this section shall include a

9 condition that the property conveyed, at the option of the

10 Administrator, shall revert to the United States and be

11 placed under the administrative control of the Adminis12 trator, if—

13 (1) the Town conveys, assigns, exchanges, or in

14 any manner encumbers the property conveyed for

15 consideration, unless otherwise approved by the Ad16 ministrator;

17 (2) the Town conducts any commercial activi18 ties at or upon the property conveyed, unless other19 wise approved by the Administrator;

20 (3) the Town interferes or allows interference,

21 in any manner, with any aid to navigation, whether

22 located upon the property conveyed under this sec23 tion or upon any portion of LORAN Station Nan24 tucket retained by the United States, nor hinder ac25 tivities required for the inspection, operation, and
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1 maintenance of any such aid to navigation without

2 the Commandant’s express written permission; or

3 (4) at least 30 days before the reversion, the

4 Administrator provides written notice to the grantee

5 that property conveyed under this section, or any

6 portion thereof, is needed for national security pur7 poses.

8 (d) REAL PROPERTY LICENSE.—Prior to the convey9 ance of any property under this section, the Commandant

10 may grant a real property license to the Town for the pur11 pose of allowing the Town to enter upon LORAN Station

12 Nantucket and commence construction of a waste water

13 treatment facility and for other site preparation activities.

14 (e) DEFINITIONS.—For purposes of this section:

15 (1) AID TO NAVIGATION.—The term ‘‘aid to

16 navigation’’ means equipment used for navigation

17 purposes, including but not limited to, a light, an18 tenna, sound signal, electronic and radio navigation

19 equipment and signals, cameras, sensors, or other

20 equipment operated or maintained by the United

21 States.

22 (2) TOWN.—The term ‘‘Town’’ includes the

23 successors and assigns of the Town of Nantucket,

24 Massachusetts.
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1 SEC. 1115. CONVEYANCE OF PLUM ISLAND LIGHT2 HOUSE, NEWBURYPORT, MASSACHUSETTS. (a) AUTHOR3 ITY TO CONVEY.—

4 (1) IN GENERAL.—Notwithstanding any other

5 law, the Administrator of the General Services Ad6 ministration (Administrator) or the Commandant of

7 the Coast Guard (Commandant), as appropriate,

8 shall convey to the City of Newburyport, Massachu9 setts (City), without monetary consideration, all

10 right, title, and interest of the United States of

11 America (United States) in and to two certain par12 cels of land upon which the Plum Island Boat House

13 and the Plum Island Lighthouse (also known as the

14 Newburyport Harbor Light), are situated, respec15 tively, located in Essex County, Massachusetts, to16 gether with any improvements thereon in their then

17 current condition.

18 (2) IDENTIFICATION OF PROPERTY.—The Ad19 ministrator or the Commandant, as appropriate,

20 shall identify, describe, and determine the property

21 to be conveyed under this section, including the right

22 to retain all right, title, and interest of the United

23 States to any portion of either parcel described in

24 paragraph (a)(1) of this section. The Administrator

25 or Commandant, as appropriate, may retain all
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1 right, title, and interest of the United States in and

2 to any historical artifact, including any lens or lan3 tern, that is associated with and located at the prop4 erty conveyed under this section at the time of con5 veyance. Artifacts associated with, but not located

6 at, the property conveyed under this section at the

7 time of conveyance, shall remain the personal prop8 erty of the United States under the administrative

9 control of the Commandant. No submerged lands

10 shall be conveyed under this section.

11 (b) TERMS AND CONDITIONS OF CONVEYANCE.—

12 (1) The conveyance of property under this sec13 tion shall be made subject to any terms and condi14 tions the Administrator or the Commandant, as ap15 propriate, considers necessary, including but not lim16 ited to, the reservation of easements and other

17 rights on behalf of the United States, to ensure

18 that—

19 (A) the aids to navigation located at prop20 erty conveyed under this section shall remain

21 the personal property of the United States and

22 continue to be operated and maintained by the

23 United States for as long as needed for naviga24 tional purposes;
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1 (B) there is reserved to the United States

2 the right to remove, relocate, or replace any aid

3 to navigation located upon, or install or con4 struct any aid to navigation upon, property con5 veyed under this section as may be necessary

6 for navigational purposes;

7 (C) the United States shall have the right

8 to enter property conveyed under this section at

9 any time, without notice, for purposes of oper10 ating, maintaining, and inspecting any aid to

11 navigation, for the purposes of exercising any of

12 the rights set forth in paragraph (1)(B) of this

13 subsection, and for the purposes of ingress and

14 egress to any land retained by the United

15 States; and

16 (D) the City shall not, without the Com17 mandant’s express written permission, interfere

18 or allow interference, in any manner, with any

19 aid to navigation, nor hinder activities required

20 (i) for the inspection, operation, and

21 maintenance of any aid to navigation; or

22 (ii) for the exercise of any of the

23 rights set forth in paragraph (1)(B) of this

24 subsection.
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1 (2) The City shall, at its own cost and expense,

2 maintain the property conveyed under this section in

3 a proper, substantial, and workmanlike manner.

4 (3) The City shall ensure that the property con5 veyed is available and accessible to the public, on a

6 reasonable basis for educational, park, recreational,

7 cultural, historic preservation or similar purposes.

8 (4) The City shall not be required to maintain

9 any active aid to navigation associated with the

10 property conveyed under this section except for pri11 vate aids to navigation permitted under 14 U.S.C.

12 83.

13 (5) All conditions placed with the deed of title

14 for property conveyed under this section shall be

15 construed as covenants running with the land.

16 (6) The Administrator or the Commandant, as

17 appropriate, may require such additional terms and

18 conditions with respect to the conveyance of property

19 under this section, as the Administrator or the Com20 mandant considers appropriate to protect the inter21 ests of the United States.

22 (c) REVERSIONARY INTEREST.—In addition to any

23 term or condition established pursuant to this section, any

24 property conveyed under this section, at the option of the

25 Administrator, shall revert to the United States and be
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1 placed under the administrative control of the Adminis2 trator, if—

3 (1) the property conveyed under this section, or

4 any part thereof, ceases to be maintained in a man5 ner that ensures its present or future use as a site

6 for an aid to navigation as determined by the Com7 mandant;

8 (2) the property conveyed under this section, or

9 any part thereof, ceases to be available and acces10 sible to the public, on a reasonable basis, for edu11 cational, park, recreational, cultural, historic preser12 vation or similar purposes; or

13 (3) at least 30 days before the reversion, the

14 Administrator provides written notice to the grantee

15 that property conveyed under this section, or any

16 portion thereof, is needed for national security pur17 poses.

18 (d) DEFINITIONS.—For purposes of this section:

19 (1) AID TO NAVIGATION.—The term ‘‘aid to

20 navigation’’ means equipment used for navigation

21 purposes, including but not limited to, a light, an22 tenna, sound signal, electronic and radio navigation

23 equipment and signals, cameras, sensors, or other

24 equipment operated or maintained by the United

25 States.
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1 (2) CITY.—The term ‘‘City’’ includes the suc2 cessors and assigns of the City of Newburyport,

3 Massachusetts.

4 SEC. 1116. TRANSFER OF COAST GUARD STATION

5 SCITUATE TO THE NATIONAL OCEANIC AND ATMOS6 PHERIC ADMINISTRATION. (a) AUTHORITY TO TRANS7 FER.—

8 (1) IN GENERAL.—The Administrator of the

9 General Services Administration, in consultation

10 with the Commandant, United States Coast Guard,

11 may transfer without consideration administrative

12 jurisdiction, custody, and control over the Federal

13 property known as Coast Guard Station Scituate to

14 the National Oceanic and Atmospheric Administra15 tion (hereinafter referred to as ‘‘NOAA’’).

16 (2) IDENTIFICATION OF PROPERTY.—The Ad17 ministrator, in consultation with the Commandant,

18 may identify, describe, and determine the property

19 to be transferred under this section.

20 (b) TERMS OF TRANSFER.—

21 (1) The transfer of the property shall be made

22 subject to any conditions and reservations the Com23 mandant considers necessary to ensure that—
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1 (A) the transfer of the property to NOAA

2 is contingent upon the relocation of Coast

3 Guard Station Scituate to a suitable site;

4 (B) there is reserved to the Coast Guard

5 the right to remove, relocate, or replace any aid

6 to navigation located upon, or install any aid to

7 navigation upon, the property transferred under

8 this section as may be necessary for naviga9 tional purposes; and

10 (C) the Coast Guard shall have the right

11 to enter the property transferred under this sec12 tion at any time, without notice, for purposes of

13 operating, maintaining, and inspecting any aid

14 to navigation.

15 (2) The transfer of the property shall be made

16 subject to the review and acceptance of the property

17 by NOAA.

18 (c) RELOCATION OF STATION SCITUATE.—The Coast

19 Guard may—

20 (1) lease land, including unimproved or vacant

21 land, for a term not to exceed 20 years, for the pur22 pose of relocating Coast Guard Station Scituate; and

23 (2) improve the land leased under this sub24 section.
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1 SEC. 1117. EXTENSION OF INTERIM AUTHORITY FOR

2 DRY BULK CARGO RESIDUE DISPOSAL. (a) Section

3 415(b)(2) of the Coast Guard Authorization Act of 1998

4 is amended by striking ‘‘2002’’ and inserting ‘‘2004’’.

5 (b) The Secretary shall conduct a study of the effec6 tiveness of the United States 1997 Enforcement Policy for

7 Cargo Residues on the Great Lakes (‘‘Policy’’) by Sep8 tember 30, 2002.

9 (c) The Secretary is authorized to promulgate regula10 tions to implement and enforce a program to regulate inci11 dental discharges from vessels of residues of non-haz12 ardous and non-toxic dry bulk cargo into the waters of

13 the Great Lakes, which takes into account the finding in

14 the study required under subsection (b). This program

15 shall be consistent with the Policy.

16 SEC. 1118. GREAT LAKES PILOTAGE ADVISORY

17 COMMITTEE. Section 9307 of title 46, United States Code,

18 is amended—

19 (1) by amending subparagraph (A) of sub20 section (b)(2) to read as follows:

21 ‘‘(A) The President of each of the 3 Great

22 Lakes pilotage districts, or the President’s rep23 resentative;’’;

24 (2) by amending subparagraph (E) of sub25 section (b)(2) to read as follows:
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1 ‘‘(E) a member with a background in fi2 nance or accounting, who—

3 ‘‘(i) must have been recommended to

4 the Secretary by a unanimous vote of the

5 other members of the Committee, and

6 ‘‘(ii) may be appointed without regard

7 to requirement in paragraph (1) that each

8 member have 5 years of practical experi9 ence in maritime operations.’’;

10 (3) in subsection (C)(2) by striking the second

11 sentence;

12 (4) by adding at the end of subsection (d) the

13 following new paragraph:

14 ‘‘(3) Any recommendations to the Secretary

15 under subsection (a)(2) must have been approved by

16 at least all but one of the members then serving on

17 the committee.’’; and

18 (5) in subsection (f )(1) by striking ‘‘September

19 30, 2003’’ and inserting ‘‘September 30, 2005’’.

20 SEC. 1119. VESSEL ESCORT OPERATIONS AND TOW21 ING ASSISTANCE. (a) IN GENERAL.—Except in the case

22 of a vessel in distress, only a vessel of the United States

23 (as that term is defined in section 2101 of title 46, United

24 States Code) may perform the following vessel escort oper-
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1 ations and vessel towing assistance within the navigable

2 waters of the United States:

3 (1) Operations or assistance that commences or

4 terminates at a port or place in the United States.

5 (2) Operations or assistance required by United

6 States law or regulation.

7 (3) Operations provided in whole or in part for

8 the purpose of escorting or assisting a vessel within

9 or through navigation facilities owned, maintained,

10 or operated by the United States Government or the

11 approaches to such facilities, other than facilities op12 erated by the St. Lawrence Seaway Development

13 Corporation on the St. Lawrence River portion of

14 the Seaway.

15 (b) DEFINITIONS.—Unless otherwise defined by a

16 provision of law or regulation requiring that towing assist17 ance or escort be rendered to vessels transiting United

18 States waters or navigation facilities, for purposes of this

19 section—

20 (1) the term ‘‘towing assistance’’ means oper21 ations by an assisting vessel in direct contact with

22 an assisted vessel (including hull-to-hull, by towline,

23 including if only pre-tethered, or made fast to that

24 vessel by one or more lines) for purposes of exerting
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1 force on the assisted vessel to control or to assist in

2 controlling the movement of the assisted vessel; and

3 (2) the term ‘‘escort operations’’ means accom4 panying a vessel for the purpose of providing towing

5 or towing assistance to the vessel.

6 SEC. 1120. Notwithstanding any other provision of

7 law, the Commandant of the United States Coast Guard

8 is hereby authorized to utilize $100,000 of the amounts

9 made available for fiscal year 2001 for environmental com10 pliance and restoration of Coast Guard facilities to reim11 burse the owner of the former Coast Guard lighthouse fa12 cility at Cape May, New Jersey, for costs incurred for

13 clean-up of lead contaminated soil at that facility.

14 SEC. 1121. Notwithstanding any other provision of

15 law, $2,400,000, to be derived from the Highway Trust

16 Fund, shall be available for planning, development and

17 construction of rural farm-to-market roads in Tulare

18 County, California: Provided, That the non-Federal share

19 of such improvements shall be 20 percent.

20 SEC. 1122. Notwithstanding any other provision of

21 law, and subject to the availability of funds appropriated

22 specifically for the project, the Coast Guard is authorized

23 to transfer funds in an amount not to exceed $200,000

24 and project management authority to the Traverse City

25 Area Public School District for the purposes of demolition
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1 and removal of the structure commonly known as ‘‘Build2 ing 402’’ at former Coast Guard property located in Tra3 verse City, Michigan, and associated site work. No such

4 funds shall be transferred until the Coast Guard receives

5 a detailed, fixed price estimate from the School District

6 describing the nature and cost of the work to be per7 formed, and the Coast Guard shall transfer only that

8 amount of funds it and the School District consider nec9 essary to complete the project.

10 SEC. 1123. Notwithstanding any other provision of

11 law, for necessary expenses for Alabama A&M University

12 buses and bus facilities, $500,000, to be derived from the

13 Mass Transit Account of the Highway Trust Fund and

14 to remain available until expended.

15 SEC. 1124. Notwithstanding any other provision of

16 law, prior to the fiscal year 2002 apportionment of ‘‘Fixed

17 Guideway Modernization’’ funds authorized under section

18 5309(a)(1)(E) of title 49, United States Code, $7,047,502

19 of funds made available in fiscal year 2002 by section

20 5338(b) of title 49, United States Code, for the ‘‘Fixed

21 Guideway Modernization’’ program shall be distributed by

22 the Federal Transit Administration to an urbanized area

23 over 200,000 that did not receive amounts of fixed guide24 way modernization formula grants to which such area was

25 lawfully entitled for fiscal years 1999–2001 in view of eli-
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1 gibility determinations made under chapter 53 of title 49,

2 United States Code, during the 6 months prior to the ef3 fective date of this Act: Provided, That such sums shall

4 not reduce a grantee’s fiscal year 2002 apportionment

5 level of ‘‘Fixed Guideway Modernization’’ funds: Provided

6 further, That such sum remain available until expended.

7 SEC. 1125. Notwithstanding any other provision of

8 law, Airport Improvement Program Formula Changes

9 provided in Public Law 106–181 and defined in section

10 104 of that Act shall be applied regardless of funding lev11 els made available under section 48103 of title 49, United

12 States Code.

13 SEC. 1126. Item number 473 contained in section

14 1602 of the Transportation Equity Act for the 21st Cen15 tury (112 Stat. 274), relating to Minnesota, is amended

16 by striking ‘‘between I–35W and 24th Avenue to four

17 lanes in Richfield’’ and inserting ‘‘reconstruction project

18 from Penn Avenue to 24th Avenue, including the Penn

19 Avenue Bridge over I–494’’.

20 SEC. 1127. The Secretary of Transportation shall not

21 issue final regulations under section 20153 of title 49,

22 United States Code, before July 1, 2001.

23 SEC. 1128. Notwithstanding any other provision of

24 law, in addition to amounts made available in this Act or

25 any other Act, the following sums shall be made available
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1 from the Highway Trust Fund (other than the Mass Tran2 sit Account):

3 $1,700,000 for transportation and community

4 preservation projects along the Main Street Corridor

5 in Houston, Texas;

6 $5,000,000 for rehabilitation, repair, and res7 toration of the historic Stillwater Lift Bridge be8 tween Stillwater, Minnesota and Houlton, Wisconsin;

9 $1,000,000 for improvements to McClung

10 Road, Boston Street, Larson Street and Whirlpool

11 Drive in the City of LaPorte, Indiana; and

12 $1,000,000 for design, environmental mitiga13 tion, engineering, and construction of, and improve14 ments to, the US 36/Wadsworth interchange

15 (Broomfield interchange) in Broomfield County, Col16 orado:

17 Provided, That the amounts appropriated in this section

18 shall remain available until expended and shall not be sub19 ject to, or computed against, any obligation limitation or

20 contract authority set forth in this or any other Act.
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1 CHAPTER 12

2 GENERAL SERVICES ADMINISTRATION

3 REAL PROPERTY ACTIVITIES

4 FEDERAL BUILDINGS FUND

5 For an additional amount to be deposited in, and to

6 be used for the purposes of, the Federal Buildings Fund

7 of the General Services Administration, $2,070,000: Pro8 vided, That this amount shall be available for the purpose

9 of renovating and redeveloping portions of the historic

10 Federal building located at 30 North Seventh Street in

11 Terre Haute, Indiana, to accommodate the needs of Fed12 eral tenants: Provided further, That use of these funds is

13 subject to authorization including the preparation and ap14 proval of a prospectus as required by the Public Buildings

15 Act of 1959, as amended.

16 DEPARTMENT OF THE TREASURY

17 UNITED STATES CUSTOMS SERVICE

18 OPERATIONS, MAINTENANCE AND PROCUREMENT, AIR

19 AND MARINE INTERDICTION PROGRAMS

20 For an additional amount of $7,000,000, to remain

21 available until expended, for necessary expenses associated

22 with procurement of two aircraft and related equipment

23 expenses associated with aviation standardization and

24 training at the Customs National Aviation Center in Okla25 homa City, Oklahoma: Provided, That none of the funds
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1 provided shall be available for obligation until an expendi2 ture plan is submitted for approval to the Committees on

3 Appropriations.

4 CHAPTER 13

5 DEPARTMENT OF VETERANS AFFAIRS

6 DEPARTMENTAL ADMINISTRATION

7 CONSTRUCTION, MINOR PROJECTS

8 For an additional amount for ‘‘Construction, minor

9 projects’’, $8,840,000, to remain available until expended.

10 DEPARTMENT OF HOUSING AND URBAN

11 DEVELOPMENT

12 COMMUNITY PLANNING AND DEVELOPMENT

13 EMPOWERMENT ZONES/ENTERPRISE COMMUNITIES

14 For an additional amount for ‘‘Empowerment zones

15 and enterprise communities’’, $110,000,000, to remain

16 available until expended: Provided, That $185,000,000

17 shall be available for urban empowerment zones, as au18 thorized by the Taxpayer Relief Act of 1997, including

19 $12,333,333 for each empowerment zone.

20 COMMUNITY DEVELOPMENT FUND

21 For an additional amount for ‘‘Community develop22 ment fund’’, $66,128,000 to remain available until Sep23 tember 30, 2003.

24 The referenced statement of the managers in the sev25 enth undesignated paragraph under this heading in title

26 II of the Departments of Veterans Affairs and Housing
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1 and Urban Development, and Independent Agencies Ap2 propriations Act, 2001 (Public Law 106–377) is deemed

3 to be amended by striking ‘‘West Dallas neighborhoods’’

4 in reference to improvement efforts by the Pleasant Wood/

5 Pleasant Grove Community Development Corporation,

6 and inserting ‘‘the Pleasant Grove area’’ in lieu thereof.

7 The unobligated amount appropriated in the third

8 paragraph under the heading ‘‘Community development

9 block grants’’ in chapter 8 of title II of the Emergency

10 Supplemental Act, 2000 (Public Law 106–246) for a

11 grant to the City of Hamlet, North Carolina, for demoli12 tion and removal of buildings and equipment destroyed by

13 fire shall remain available until September 30, 2002, for

14 a grant for such purpose to the County of Richmond,

15 North Carolina.

16 The seventh paragraph under this heading in title II

17 of Public Law 106–377 is amended by striking

18 ‘‘$292,000,000’’ and inserting in lieu thereof

19 ‘‘$358,128,000’’: Provided, That such funds shall be avail20 able for grants for the Economic Development Initiative

21 (EDI) to finance a variety of targeted economic invest22 ments in accordance with the terms and conditions speci23 fied in the statement of managers accompanying this con24 ference report.
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1 DEPARTMENT OF THE TREASURY

2 COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS

3 COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS

4 FUND PROGRAM ACCOUNT

5 Under this heading in Public Law 106–377, strike

6 ‘‘$8,750,000 may be used for administrative expenses,’’

7 and insert ‘‘$9,750,000 may be used for administrative

8 expenses, including administration of the New Markets

9 Tax Credit and Individual Development Accounts,’’.

10 ENVIRONMENTAL PROTECTION AGENCY

11 SCIENCE AND TECHNOLOGY

12 For an additional amount for ‘‘Science and tech13 nology’’, $1,000,000 for continuation of the South Bronx

14 Air Pollution Study being conducted by New York Univer15 sity.

16 ENVIRONMENTAL PROGRAMS AND MANAGEMENT

17 The statement of the managers under this heading

18 in title III of the Departments of Veterans Affairs and

19 Housing and Urban Development, and Independent Agen20 cies Appropriations Act, 2001 (Public Law 106–377) is

21 deemed to be amended by inserting the word ‘‘Valley’’

22 after the words ‘‘San Bernardino’’ in reference to a project

23 identified as number 104 in such statement of the man24 agers.
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1 STATE AND TRIBAL ASSISTANCE GRANTS

2 Grants appropriated under this heading in Public

3 Law 106–74 and Public Law 106–377 for drinking water

4 infrastructure needs in the New York City watershed shall

5 be awarded under section 1443(d) of the Safe Drinking

6 Water Act, as amended.

7 The referenced statement of the managers under this

8 heading in Public Law 106–377 is deemed to be amended

9 by striking all after the words ‘‘City of Liberty’’ in ref10 erence to item number 78, and inserting the words ‘‘Town

11 of Versailles, Indiana for wastewater infrastructure im12 provements’’.

13 Under this heading in title III of Public Law 106–

14 377, strike ‘‘$335,740,000’’ and insert ‘‘$356,370,000’’:

15 Provided, That such funds shall be for making grants for

16 the construction of wastewater and water treatment facili17 ties and groundwater protection infrastructure in accord18 ance with the terms and conditions specified for such

19 grants in the statement of managers accompanying Public

20 Law 106–377 and this conference report.

21 FEDERAL EMERGENCY MANAGEMENT AGENCY

22 EMERGENCY MANAGEMENT PLANNING AND ASSISTANCE

23 For an additional amount for ‘‘Emergency manage24 ment planning and assistance’’, $100,000,000, to remain

25 available through September 30, 2001, for programs as
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1 authorized by section 33 of the Federal Fire Prevention

2 and Control Act of 1974 (15 U.S.C. 2201 et seq.), as

3 amended.

4 CHAPTER 14

5 GENERAL PROVISIONS—THIS DIVISION

6 SEC. 1401. H. Con. Res. 234 of the 106th Congress,

7 as adopted by the House of Representatives on November

8 18, 1999, shall be considered to have been adopted by the

9 Senate.

10 SEC. 1402. Section 3003(a)(1) of the Federal Re11 ports Elimination and Sunset Act of 1995 (31 U.S.C.

12 1113 note) does not apply to any report required to be

13 submitted under any of the following provisions of law:

14 (1) Sections 1105(a), 1106(a) and (b), and

15 1109(a) of title 31, United States Code, and any

16 other law relating to the budget of the United States

17 Government.

18 (2) The Balanced Budget and Emergency Def19 icit Control Act of 1985 (2 U.S.C. 900 et seq.).

20 (3) Sections 202(e)(1) and (3) of the Congres21 sional Budget Act of 1974 (2 U.S.C. 602(e)(1) and

22 (3)).

23 (4) Section 1014(e) of the Congressional Budg24 et and Impoundment Control Act of 1974 (2 U.S.C.

25 685(e)).
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1 SEC. 1403. (a) GOVERNMENT-WIDE RESCISSIONS.—

2 There is hereby rescinded an amount equal to 0.22 percent

3 of the discretionary budget authority provided (or obliga4 tion limit imposed) for fiscal year 2001 in this or any

5 other Act for each department, agency, instrumentality,

6 or entity of the Federal Government, except for those pro7 grams, projects, and activities which are specifically ex8 empted elsewhere in this provision: Provided, That this

9 exact reduction percentage shall be applied on a pro rata

10 basis only to each program, project, and activity subject

11 to the rescission.

12 (b) RESTRICTIONS.—This reduction shall not be ap13 plied to the amounts appropriated in title I of Public Law

14 106–259: Provided, That this reduction shall not be ap15 plied to the amounts appropriated in division B of Public

16 Law 106–246: Provided further, That this reduction shall

17 not be applied to the amounts appropriated under the De18 partments of Labor, Health and Human Services, and

19 Education, and Related Agencies Appropriations Act,

20 2001, as contained in this Act, or in prior Acts.

21 (c) REPORT.—The Director of the Office of Manage22 ment and Budget shall include in the President’s budget

23 submitted for fiscal year 2002 a report specifying the re24 ductions made to each account pursuant to this section.
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1 DIVISION B

2 TITLE I

3 SEC. 101. ELIGIBILITY OF PRIVATE ORGANIZATIONS

4 UNDER CHILD AND ADULT CARE FOOD PROGRAM. (a)

5 Section 17(a)(2)(B) of the Richard B. Russell National

6 School Lunch Act (42 U.S.C. 1766(a)(2)(B)) is amended

7 by striking ‘‘children for which the’’ and inserting ‘‘chil8 dren, if—

9 ‘‘(i) during the period beginning on

10 the date of enactment of this clause and

11 ending on September 30, 2001, at least 25

12 percent of the children served by the orga13 nization meet the income eligibility criteria

14 established under section 9(b) for free or

15 reduced price meals; or

16 ‘‘(ii) the’’.

17 (b) EMERGENCY REQUIREMENT.—

18 (1) IN GENERAL.—The entire amount necessary

19 to carry out this section shall be available only to

20 the extent that an official budget request for the en21 tire amount, that includes designation of the entire

22 amount of the request as an emergency requirement

23 as defined in the Balanced Budget and Emergency

24 Deficit Control Act of 1985, as amended, is trans25 mitted by the President to the Congress.
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1 (2) DESIGNATION.—The entire amount nec2 essary to carry out this section is designated by the

3 Congress as an emergency requirement pursuant to

4 section 251(b)(2)(A) of such Act.

5 SEC. 102. SUMMER FOOD PILOT PROJECTS. (a) Sec6 tion 18 of the Richard B. Russell National School Lunch

7 Act (42 U.S.C. 1769) is amended by adding at the end

8 the following:

9 ‘‘(f ) SUMMER FOOD PILOT PROJECTS.—

10 ‘‘(1) DEFINITION OF ELIGIBLE STATE.—In this

11 subsection, the term ‘eligible State’ means a State in

12 which (based on data available in July 2000)—

13 ‘‘(A) the percentage obtained by dividing—

14 ‘‘(i) the sum of—

15 ‘‘(I) the average daily number of

16 children attending the summer food

17 service program in the State in July

18 1999; and

19 ‘‘(II) the average daily number of

20 children receiving free or reduced

21 price meals under the school lunch

22 program in the State in July 1999; by

23 ‘‘(ii) the average daily number of chil24 dren receiving free or reduced price meals

25 under the school lunch program in the
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1 State in March 1999; is less than 50 per2 cent of

3 ‘‘(B) the percentage obtained by dividing—

4 ‘‘(i) the sum of—

5 ‘‘(I) the average daily number of

6 children attending the summer food

7 service program in all States in July

8 1999; and

9 ‘‘(II) the average daily number of

10 children receiving free or reduced

11 price meals under the school lunch

12 program in all States in July 1999; by

13 ‘‘(ii) the average daily number of chil14 dren receiving free or reduced price meals

15 under the school lunch program in all

16 States in March 1999.

17 ‘‘(2) PILOT PROJECTS.—During the period of

18 fiscal years 2001 through 2003, the Secretary shall

19 carry out a summer food pilot project in each eligi20 ble State to increase the number of children partici21 pating in the summer food service program in the

22 State.

23 ‘‘(3) SUPPORT LEVELS FOR SERVICE INSTITU24 TIONS.—
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1 ‘‘(A) FOOD SERVICE.—Under the pilot

2 project, a service institution (other than a serv3 ice institution described in section 13(a)(7)) in

4 an eligible State shall receive the maximum

5 amounts for food service under section 13(b)(1)

6 without regard to the requirement under section

7 13(b)(1)(A) that payments shall equal the full

8 cost of food service operations.

9 ‘‘(B) ADMINISTRATIVE COSTS.—Under the

10 pilot project, a service institution (other than a

11 service institution described in section 13(a)(7))

12 in an eligible State shall receive the maximum

13 amounts for administrative costs determined by

14 the Secretary under section 13(b)(4) without

15 regard to the requirement under section

16 13(b)(3) that payments to service institutions

17 shall equal the full amount of State-approved

18 administrative costs incurred.

19 ‘‘(C) COMPLIANCE.—A service institution

20 that receives assistance under this subsection

21 shall comply with all provisions of section 13

22 other than subsections (b)(1)(A) and (b)(3) of

23 section 13.

24 ‘‘(4) MAINTENANCE OF EFFORT.—Expenditures

25 of funds from State and local sources for mainte-
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1 nance of a summer food service program shall not

2 be diminished as a result of assistance from the Sec3 retary received under this subsection.

4 ‘‘(5) EVALUATION OF PILOT PROJECTS.—

5 ‘‘(A) IN GENERAL.—The Secretary, acting

6 through the Administrator of the Food and Nu7 trition Service, shall conduct an evaluation of

8 the pilot project.

9 ‘‘(B) CONTENT.—An evaluation under this

10 paragraph shall describe—

11 ‘‘(i) any effect on participation by

12 children and service institutions in the

13 summer food service program in the eligi14 ble State in which the pilot project is car15 ried out;

16 ‘‘(ii) any effect of the pilot project on

17 the quality of the meals and supplements

18 served in the eligible State in which the

19 pilot project is carried out; and

20 ‘‘(iii) any effect of the pilot project on

21 program integrity.

22 ‘‘(6) REPORTS.—

23 ‘‘(A) INTERIM REPORT.—Not later than

24 December 1, 2002, the Secretary shall submit

25 to the Committee on Education and the Work-
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1 force of the House of Representatives and the

2 Committee on Agriculture, Nutrition, and For3 estry of the Senate an interim report that de4 scribes the status of, and any progress made

5 by, each pilot project being carried out under

6 this subsection as of the date of submission of

7 the report.

8 ‘‘(B) FINAL REPORT.—Not later than

9 April 30, 2004, the Secretary shall submit to

10 the Committee on Education and the Workforce

11 of the House of Representatives and the Com12 mittee on Agriculture, Nutrition, and Forestry

13 of the Senate a final report that includes—

14 ‘‘(i) the evaluations completed by the

15 Secretary under paragraph (5); and

16 ‘‘(ii) any recommendations of the Sec17 retary concerning the pilot projects.’’.

18 (b) EMERGENCY REQUIREMENT.—

19 (1) IN GENERAL.—The entire amount necessary

20 to carry out this section shall be available only to

21 the extent that an official budget request for the en22 tire amount, that includes designation of the entire

23 amount of the request as an emergency requirement

24 as defined in the Balanced Budget and Emergency
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1 Deficit Control Act of 1985, as amended, is trans2 mitted by the President to the Congress.

3 (2) DESIGNATION.—The entire amount nec4 essary to carry out this section is designated by the

5 Congress as an emergency requirement pursuant to

6 section 251(b)(2)(A) of such Act.

7 SEC. 103. (a) IN GENERAL.—The Secretary of the

8 Interior shall conduct a feasibility study for a Sacramento

9 River, California, diversion project that is consistent with

10 the Water Forum Agreement among the members of the

11 Sacramento, California, Water Forum dated April 24,

12 2000, and that considers—

13 (1) consolidation of several of the Natomas

14 Central Mutual Water Company’s diversions;

15 (2) upgrading fish screens at the consolidated

16 diversion;

17 (3) the diversion of 35,000 acre feet of water

18 by the Placer County Water Agency;

19 (4) the diversion of 29,000 acre feet of water

20 for delivery to the Northridge Water District;

21 (5) the potential to accommodate other diver22 sions of water from the Sacramento River, subject to

23 additional negotiations and agreement among Water

24 Forum signatories and potentially affected parties

25 upstream on the Sacramento River; and
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1 (6) an inter-tie between the diversions referred

2 to in paragraphs (3), (4), and (5) with the

3 Northridge Water District’s pipeline that delivers

4 water from the American River.

5 (b) REQUIRED COMPONENTS.—The feasibility study

6 shall include—

7 (1) the development of a range of reasonable

8 options;

9 (2) an environmental evaluation; and

10 (3) consultation with Federal and State re11 source management agencies regarding potential im12 pacts and mitigation measures.

13 (c) WATER SUPPLY IMPACT ALTERNATIVES.—The

14 study authorized by this section shall include a range of

15 alternatives, all of which would investigate options that

16 could reduce to insignificance any water supply impact on

17 water users in the Sacramento River watershed, including

18 Central Valley Project contractors, from any delivery of

19 water out of the Sacramento River as referenced in sub20 section (a). In evaluating the alternatives, the study shall

21 consider water supply alternatives that would increase

22 water supply for, or in, the Sacramento River watershed.

23 The study should be coordinated with the CALFED pro24 gram and take advantage of information already developed

25 within that program to investigate water supply increase
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1 alternatives. Where the alternatives evaluated are in addi2 tion to or different from the existing CALFED alter3 natives, such information should be clearly identified.

4 (d) HABITAT MANAGEMENT PLANNING GRANTS.—

5 The Secretary of the Interior, subject to the availability

6 of appropriations, is authorized and directed to provide

7 grants to support local habitat management planning ef8 forts undertaken as part of the consultation described in

9 subsection (b)(3) in the form of matching funds up to

10 $5,000,000.

11 (e) REPORT.—The Secretary of the Interior shall

12 provide a report to the Committee on Resources of the

13 United States House of Representatives and to the Com14 mittee on Energy and Natural Resources of the United

15 States Senate within 24 months from the date of enact16 ment of this Act on the results of the study identified in

17 subsection (a).

18 (f ) AUTHORIZATION OF APPROPRIATIONS.—There is

19 authorized to be appropriated to the Secretary of the Inte20 rior to carry out this section $10,000,000, which may re21 main available until expended, of which—

22 (1) $5,000,000 shall be for the feasibility study

23 under subsection (a); and

24 (2) $5,000,000 shall be for the habitat manage25 ment planning grants under subsection (d).
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1 (g) LIMITATION ON CONSTRUCTION.—This section

2 does not and shall not be interpreted to authorize con3 struction of any facilities.

4 SEC. 104. TEN- AND FIFTEEN-MILE BAYOUS, AR5 KANSAS. The project for flood control, Saint Francis River

6 Basin, Missouri and Arkansas, authorized by section 204

7 of the Flood Control Act of 1950 (64 Stat. 172), is modi8 fied to expand the boundaries of the project to include

9 Ten- and Fifteen-Mile Bayous near West Memphis, Ar10 kansas. Notwithstanding section 103(f ) of the Water Re11 sources Development Act of 1986 (100 Stat. 4086), the

12 flood control work at Ten- and Fifteen-Mile Bayous shall

13 not be considered separable elements of the project.

14 SEC. 105. In accordance with section 102(l) of the

15 Water Resources Development Act of 1990 (104 Stat.

16 4613), the Secretary of the Army, acting through the

17 Chief of Engineers, is authorized and directed to enter

18 into an agreement to permit the City of Alton, Illinois to

19 construct the authorized recreational facilities and to re20 imburse the City of Alton, Illinois for the Federal share

21 of these cost-shared recreation facilities as usable seg22 ments are completed.

23 SEC. 106. TRUCKEE WATERSHED RECLAMATION

24 PROJECT. (a) AUTHORIZATION.—The Secretary of the In25 terior, in cooperation with Washoe County, Nevada, may
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1 participate in the design, planning, and construction of the

2 Truckee watershed reclamation project, consisting of the

3 North Valley reuse project and the Spanish Springs Valley

4 septic conversion project, to reclaim and reuse wastewater

5 (including degraded groundwater) within and without the

6 service area of Washoe County, Nevada.

7 (b) COST SHARE.—The Federal share of the cost of

8 the project described in subsection (a) shall not exceed 25

9 percent of the total cost of the project.

10 (c) LIMITATION.—Funds provided by the Secretary

11 shall not be used for the operation or maintenance of the

12 project described in subsection (a).

13 (d) RECLAMATION WASTEWATER AND GROUND14 WATER STUDY AND FACILITIES ACT.—

15 (1) DESIGN, PLANNING, AND CONSTRUCTION.—

16 Design, planning, and construction of the project de17 scribed in subsection (a) shall be in accordance with,

18 and subject to the limitations contained in, the Rec19 lamation Wastewater and Groundwater Study and

20 Facilities Act (43 U.S.C. 390h et seq.).

21 (2) FUNDING.—Funds made available under

22 section 1631 of the Reclamation Wastewater and

23 Groundwater Study and Facilities Act (43 U.S.C.

24 390h–13) may be used to pay the Federal share of

25 the cost of the project.
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1 SEC. 107. The project for navigation, Tampa Harbor,

2 Florida, authorized by section 4 of the Rivers and Harbors

3 Act of September 22, 1922 (42 Stat. 1042), is modified

4 to authorize the Secretary of the Army to deepen and

5 widen the Alafia Channel in accordance with the plans de6 scribed in the Draft Feasibility Report, Alafia River,

7 Tampa Harbor, Florida, dated May 2000, at a total cost

8 of $61,592,000, with an estimated Federal cost of

9 $39,621,000 and an estimated non-Federal cost of

10 $21,971,000.

11 SEC. 108. ENVIRONMENTAL INFRASTRUCTURE. (a)

12 TECHNICAL, PLANNING, AND DESIGN ASSISTANCE.—Sec13 tion 219(c) of the Water Resources Development Act of

14 1992 (106 Stat. 4835) is amended by adding at the end

15 the following:

16 ‘‘(19) MARANA, ARIZONA.—Wastewater treat17 ment and distribution infrastructure, Marana, Ari18 zona.

19 ‘‘(20) EASTERN ARKANSAS ENTERPRISE COM20 MUNITY, ARKANSAS.—Water-related infrastructure,

21 Eastern Arkansas Enterprise Community, Cross,

22 Lee, Monroe, and St. Francis Counties, Arkansas.

23 ‘‘(21) CHINO HILLS, CALIFORNIA.—Storm

24 water and sewage collection infrastructure, Chino

25 Hills, California.
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1 ‘‘(22) CLEAR LAKE BASIN, CALIFORNIA.—

2 Water-related infrastructure and resource protection,

3 Clear Lake Basin, California.

4 ‘‘(23) DESERT HOT SPRINGS, CALIFORNIA.—

5 Resource protection and wastewater infrastructure,

6 Desert Hot Springs, California.

7 ‘‘(24) EASTERN MUNICIPAL WATER DISTRICT,

8 CALIFORNIA.—Regional water-related infrastructure,

9 Eastern Municipal Water District, California.

10 ‘‘(25) HUNTINGTON BEACH, CALIFORNIA.—

11 Water supply and wastewater infrastructure, Hun12 tington Beach, California.

13 ‘‘(26) INGLEWOOD, CALIFORNIA.—Water infra14 structure, Inglewood, California.

15 ‘‘(27) LOS OSOS COMMUNITY SERVICE DIS16 TRICT, CALIFORNIA.—Wastewater infrastructure,

17 Los Osos Community Service District, California.

18 ‘‘(28) NORWALK, CALIFORNIA.—Water-related

19 infrastructure, Norwalk, California.

20 ‘‘(29) KEY BISCAYNE, FLORIDA.—Sanitary

21 sewer infrastructure, Key Biscayne, Florida.

22 ‘‘(30) SOUTH TAMPA, FLORIDA.—Water supply

23 and aquifer storage and recovery infrastructure,

24 South Tampa, Florida.
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1 ‘‘(31) FORT WAYNE, INDIANA.—Combined

2 sewer overflow infrastructure and wetlands protec3 tion, Fort Wayne, Indiana.

4 ‘‘(32) INDIANAPOLIS, INDIANA.—Combined

5 sewer overflow infrastructure, Indianapolis, Indiana.

6 ‘‘(33) ST. CHARLES, ST. BERNARD, AND

7 PLAQUEMINES PARISHES, LOUISIANA.—Water and

8 wastewater infrastructure, St. Charles, St. Bernard,

9 and Plaquemines Parishes, Louisiana.

10 ‘‘(34) ST. JOHN THE BAPTIST AND ST. JAMES

11 PARISHES, LOUISIANA.—Water and sewer improve12 ments, St. John the Baptist and St. James Par13 ishes, Louisiana.

14 ‘‘(35) UNION COUNTY, NORTH CAROLINA.—

15 Water infrastructure, Union County, North Caro16 lina.

17 ‘‘(36) HOOD RIVER, OREGON.—Water trans18 mission infrastructure, Hood River, Oregon.

19 ‘‘(37) MEDFORD, OREGON.—Sewer collection

20 infrastructure, Medford, Oregon.

21 ‘‘(38) PORTLAND, OREGON.—Water infrastruc22 ture and resource protection, Portland, Oregon.

23 ‘‘(39) COUDERSPORT, PENNSYLVANIA.—Sewer

24 system extensions and improvements, Coudersport,

25 Pennsylvania.
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1 ‘‘(40) PARK CITY, UTAH.—Water supply infra2 structure, Park City, Utah.’’.

3 (b) AUTHORIZATION OF APPROPRIATIONS FOR TECH4 NICAL, PLANNING, AND DESIGN ASSISTANCE.—Section

5 219(d) of the Water Resources Development Act of 1992

6 (106 Stat. 4836) is amended by striking ‘‘$5,000,000’’

7 and inserting ‘‘$30,000,000’’.

8 (c) MODIFICATION OF AUTHORIZATIONS FOR ENVI9 RONMENTAL PROJECTS.—Section 219 of the Water Re10 sources Development Act of 1992 (106 Stat. 4835; 106

11 Stat. 3757; 113 Stat. 334) is amended—

12 (1) in subsection (e)(6) by striking

13 ‘‘$20,000,000’’ and inserting ‘‘$30,000,000’’;

14 (2) in subsection (f )(4) by striking

15 ‘‘$15,000,000’’ and inserting ‘‘$35,000,000’’;

16 (3) in subsection (f )(21) by striking

17 ‘‘$10,000,000’’ and inserting ‘‘$20,000,000’’;

18 (4) in subsection (f )(25) by striking

19 ‘‘$5,000,000’’ and inserting ‘‘$15,000,000’’;

20 (5) in subsection (f )(30) by striking

21 ‘‘$10,000,000’’ and inserting ‘‘$20,000,000’’;

22 (6) in subsection (f )(43) by striking

23 ‘‘$15,000,000’’ and inserting ‘‘$35,000,000’’.

24 (d) ADDITIONAL ASSISTANCE FOR CRITICAL RE25 SOURCE PROJECTS.—Section 219(f ) of the Water Re-
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1 sources Development Act of 1992 (106 Stat. 4835; 113

2 Stat. 335) is amended by adding at the end the following:

3 ‘‘(45) WASHINGTON, D.C., AND MARYLAND.—

4 $15,000,000 for the project described in subsection

5 (c)(1), modified to include measures to eliminate or

6 control combined sewer overflows in the Anacostia

7 River watershed.

8 ‘‘(46) DUCK RIVER, CULLMAN, ALABAMA.—

9 $5,000,000 for water supply infrastructure, Duck

10 River, Cullman, Alabama.

11 ‘‘(47) UNION COUNTY, ARKANSAS.—

12 $52,000,000 for water supply infrastructure, includ13 ing facilities for withdrawal, treatment, and distribu14 tion, Union County, Arkansas.

15 ‘‘(48) CAMBRIA, CALIFORNIA.—$10,300,000 for

16 desalination infrastructure, Cambria, California.

17 ‘‘(49) LOS ANGELES HARBOR/TERMINAL IS18 LAND, CALIFORNIA.—$6,500,000 for wastewater re19 cycling infrastructure, Los Angeles Harbor/Terminal

20 Island, California.

21 ‘‘(50) NORTH VALLEY REGION, LANCASTER,

22 CALIFORNIA.—$14,500,000 for water infrastructure,

23 North Valley Region, Lancaster, California.
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1 ‘‘(51) SAN DIEGO COUNTY, CALIFORNIA.—

2 $10,000,000 for water-related infrastructure, San

3 Diego County, California.

4 ‘‘(52) SOUTH PERRIS, CALIFORNIA.—

5 $25,000,000 for water supply desalination infra6 structure, South Perris, California.

7 ‘‘(53) AURORA, ILLINOIS.—$8,000,000 for

8 wastewater infrastructure to reduce or eliminate

9 combined sewer overflows, Aurora, Illinois.

10 ‘‘(54) COOK COUNTY, ILLINOIS.—$35,000,000

11 for water-related infrastructure and resource protec12 tion and development, Cook County, Illinois.

13 ‘‘(55) MADISON AND ST. CLAIR COUNTIES, ILLI14 NOIS.—$10,000,000 for water and wastewater as15 sistance, Madison and St. Clair Counties, Illinois.

16 ‘‘(56) IBERIA PARISH, LOUISIANA.—$5,000,000

17 for water and wastewater infrastructure, Iberia Par18 ish, Louisiana.

19 ‘‘(57) KENNER, LOUISIANA.—$5,000,000 for

20 wastewater infrastructure, Kenner, Louisiana.

21 ‘‘(58) BENTON HARBOR, MICHIGAN.—

22 $1,500,000 for water-related infrastructure, City of

23 Benton Harbor, Michigan.

24 ‘‘(59) GENESEE COUNTY, MICHIGAN.—

25 $6,700,000 for wastewater infrastructure assistance
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1 to reduce or eliminate sewer overflows, Genesee

2 County, Michigan.

3 ‘‘(60) NEGAUNEE, MICHIGAN.—$10,000,000 for

4 wastewater infrastructure assistance, City of

5 Negaunee, Michigan.

6 ‘‘(61) GARRISON AND KATHIO TOWNSHIP, MIN7 NESOTA.—$11,000,000 for a wastewater infrastruc8 ture project for the city of Garrison and Kathio

9 Township, Minnesota.

10 ‘‘(62) NEWTON, NEW JERSEY.—$7,000,000 for

11 water filtration infrastructure, Newton, New Jersey.

12 ‘‘(63) LIVERPOOL, NEW YORK.—$2,000,000 for

13 water infrastructure, including a pump station,

14 Liverpool, New York.

15 ‘‘(64) STANLY COUNTY, NORTH CAROLINA.—

16 $8,900,000 for wastewater infrastructure, Stanly

17 County, North Carolina.

18 ‘‘(65) YUKON, OKLAHOMA.—$5,500,000 for

19 water-related infrastructure, including wells, booster

20 stations, storage tanks, and transmission lines,

21 Yukon, Oklahoma.

22 ‘‘(66) ALLEGHENY COUNTY, PENNSYLVANIA.—

23 $20,000,000 for water-related environmental infra24 structure, Allegheny County, Pennsylvania.
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1 ‘‘(67) MOUNT JOY TOWNSHIP AND CONEWAGO

2 TOWNSHIP, PENNSYLVANIA.—$8,300,000 for water

3 and wastewater infrastructure, Mount Joy Township

4 and Conewago Township, Pennsylvania.

5 ‘‘(68) PHOENIXVILLE BOROUGH, CHESTER

6 COUNTY, PENNSYLVANIA.—$2,400,000 for water

7 and sewer infrastructure, Phoenixville Borough,

8 Chester County, Pennsylvania.

9 ‘‘(69) TITUSVILLE, PENNSYLVANIA.—

10 $7,300,000 for storm water separation and treat11 ment plant upgrades, Titusville, Pennsylvania.

12 ‘‘(70) WASHINGTON, GREENE, WESTMORELAND,

13 AND FAYETTE COUNTIES, PENNSYLVANIA.—

14 $8,000,000 for water and wastewater infrastructure,

15 Washington, Greene, Westmoreland, and Fayette

16 Counties, Pennsylvania.’’.

17 SEC. 109. FLORIDA KEYS WATER QUALITY IM18 PROVEMENTS. (a) IN GENERAL.—In coordination with the

19 Florida Keys Aqueduct Authority, appropriate agencies of

20 municipalities of Monroe County, Florida, and other ap21 propriate public agencies of the State of Florida or Mon22 roe County, the Secretary of the Army may provide tech23 nical and financial assistance to carry out projects for the

24 planning, design, and construction of treatment works to
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1 improve water quality in the Florida Keys National Ma2 rine Sanctuary.

3 (b) CRITERIA FOR PROJECTS.—Before entering into

4 a cooperation agreement to provide assistance with respect

5 to a project under this section, the Secretary shall ensure

6 that—

7 (1) the non-Federal sponsor has completed ade8 quate planning and design activities, as applicable;

9 (2) the non-Federal sponsor has completed a fi10 nancial plan identifying sources of non-Federal fund11 ing for the project;

12 (3) the project complies with—

13 (A) applicable growth management ordi14 nances of Monroe County, Florida;

15 (B) applicable agreements between Monroe

16 County, Florida, and the State of Florida to

17 manage growth in Monroe County, Florida; and

18 (C) applicable water quality standards; and

19 (4) the project is consistent with the master

20 wastewater and storm water plans for Monroe Coun21 ty, Florida.

22 (c) CONSIDERATION.—In selecting projects under

23 subsection (a), the Secretary shall consider whether a

24 project will have substantial water quality benefits relative

25 to other projects under consideration.
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1 (d) CONSULTATION.—In carrying out this section,

2 the Secretary shall consult with—

3 (1) the Water Quality Steering Committee es4 tablished under section 8(d)(2)(A) of the Florida

5 Keys National Marine Sanctuary and Protection Act

6 (106 Stat. 5054);

7 (2) the South Florida Ecosystem Restoration

8 Task Force established by section 528(f ) of the

9 Water Resources Development Act of 1996 (110

10 Stat. 3771–3773);

11 (3) the Commission on the Everglades estab12 lished by executive order of the Governor of the

13 State of Florida; and

14 (4) other appropriate State and local govern15 ment officials.

16 (e) NON-FEDERAL SHARE.—

17 (1) IN GENERAL.—The non-Federal share of

18 the cost of a project carried out under this section

19 shall be 35 percent.

20 (2) CREDIT.—

21 (A) IN GENERAL.—The Secretary may

22 provide the non-Federal interest credit toward

23 cash contributions required—

24 (i) before and during the construction

25 of the project, for the costs of planning,
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1 engineering, and design, and for the con2 struction management work that is per3 formed by the non-Federal interest and

4 that the Secretary determines is necessary

5 to implement the project; and

6 (ii) during the construction of the

7 project, for the construction that the non8 Federal interest carries out on behalf of

9 the Secretary and that the Secretary deter10 mines is necessary to carry out the project.

11 (B) TREATMENT OF CREDIT BETWEEN

12 PROJECTS.—Any credit provided under this

13 paragraph may be carried over between author14 ized projects.

15 (f ) AUTHORIZATION OF APPROPRIATIONS.—There is

16 authorized to be appropriated to carry out this section

17 $100,000,000. Such sums shall remain available until ex18 pended.

19 SEC. 110. SAN GABRIEL BASIN, CALIFORNIA. (a)

20 SAN GABRIEL BASIN RESTORATION.—

21 (1) ESTABLISHMENT OF FUND.—There shall be

22 established within the Treasury of the United States

23 an interest bearing account to be known as the San

24 Gabriel Basin Restoration Fund (in this section re25 ferred to as the ‘‘Restoration Fund’’).
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1 (2) ADMINISTRATION OF FUND.—The Restora2 tion Fund shall be administered by the Secretary of

3 the Army, in cooperation with the San Gabriel Basin

4 Water Quality Authority or its successor agency.

5 (3) PURPOSES OF FUND.—

6 (A) IN GENERAL.—Subject to subpara7 graph (B), the amounts in the Restoration

8 Fund, including interest accrued, shall be uti9 lized by the Secretary—

10 (i) to design and construct water

11 quality projects to be administered by the

12 San Gabriel Basin Water Quality Author13 ity and the Central Basin Water Quality

14 Project to be administered by the Central

15 Basin Municipal Water District; and

16 (ii) to operate and maintain any

17 project constructed under this section for

18 such period as the Secretary determines,

19 but not to exceed 10 years, following the

20 initial date of operation of the project.

21 (B) COST-SHARING LIMITATION.—

22 (i) IN GENERAL.—The Secretary may

23 not obligate any funds appropriated to the

24 Restoration Fund in a fiscal year until the

25 Secretary has deposited in the Fund an
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1 amount provided by non-Federal interests

2 sufficient to ensure that at least 35 per3 cent of any funds obligated by the Sec4 retary are from funds provided to the Sec5 retary by the non-Federal interests.

6 (ii) NON-FEDERAL RESPONSI7 BILITY.—The San Gabriel Basin Water

8 Quality Authority shall be responsible for

9 providing the non-Federal amount required

10 by clause (i). The State of California, local

11 government agencies, and private entities

12 may provide all or any portion of such

13 amount.

14 (b) COMPLIANCE WITH APPLICABLE LAW.—In car15 rying out the activities described in this section, the Sec16 retary shall comply with any applicable Federal and State

17 laws.

18 (c) RELATIONSHIP TO OTHER ACTIVITIES.—Nothing

19 in this section shall be construed to affect other Federal

20 or State authorities that are being used or may be used

21 to facilitate the cleanup and protection of the San Gabriel

22 and Central groundwater basins. In carrying out the ac23 tivities described in this section, the Secretary shall inte24 grate such activities with ongoing Federal and State

25 projects and activities. None of the funds made available
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1 for such activities pursuant to this section shall be counted

2 against any Federal authorization ceiling established for

3 any previously authorized Federal projects or activities.

4 (d) AUTHORIZATION OF APPROPRIATIONS.—

5 (1) IN GENERAL.—There is authorized to be

6 appropriated to the Restoration Fund established

7 under subsection (a) $85,000,000. Such funds shall

8 remain available until expended.

9 (2) SET-ASIDE.—Of the amounts appropriated

10 under paragraph (1), no more than $10,000,000

11 shall be available to carry out the Central Basin

12 Water Quality Project.

13 (e) ADJUSTMENT.—Of the $25,000,000 made avail14 able for San Gabriel Basin Groundwater Restoration,

15 California, under the heading ‘‘Construction, General’’ in

16 title I of the Energy and Water Development Appropria17 tions Act, 2001—

18 (1) $2,000,000 shall be available only for stud19 ies and other investigative activities and planning

20 and design of projects determined by the Secretary

21 to offer a long-term solution to the problem of

22 groundwater contamination caused by perchlorates

23 at sites located in the city of Santa Clarita, Cali24 fornia; and
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1 (2) $23,000,000 shall be deposited in the Res2 toration Fund, of which $4,000,000 shall be used

3 for remediation in the Central Basin, California.

4 SEC. 111. PERCHLORATE. (a) IN GENERAL.—The

5 Secretary of the Army, in cooperation with Federal, State,

6 and local government agencies, may participate in studies

7 and other investigative activities and in the planning and

8 design of projects determined by the Secretary to offer a

9 long-term solution to the problem of groundwater contami10 nation caused by perchlorates.

11 (b) INVESTIGATIONS AND PROJECTS.—

12 (1) BOSQUE AND LEON RIVERS.—The Sec13 retary, in coordination with other Federal agencies

14 and the Brazos River Authority, shall participate

15 under subsection (a) in investigations and projects

16 in the Bosque and Leon Rivers watersheds in Texas

17 to assess the impact of the perchlorate associated

18 with the former Naval ‘‘Weapons Industrial Reserve

19 Plant’’ at McGregor, Texas.

20 (2) CADDO LAKE.—The Secretary, in coordina21 tion with other Federal agencies and the Northeast

22 Texas Municipal Water District, shall participate

23 under subsection (a) in investigations and projects

24 relating to perchlorate contamination in Caddo

25 Lake, Texas.
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1 (3) EASTERN SANTA CLARA BASIN.—The Sec2 retary, in coordination with other Federal, State,

3 and local government agencies, shall participate

4 under subsection (a) in investigations and projects

5 related to sites that are sources of perchlorates and

6 that are located in the city of Santa Clarita, Cali7 fornia.

8 (c) AUTHORIZATION OF APPROPRIATIONS.—For the

9 purposes of carrying out this section, there is authorized

10 to be appropriated to the Secretary $25,000,000, of which

11 not to exceed $8,000,000 shall be available to carry out

12 subsection (b)(1), not to exceed $3,000,000 shall be avail13 able to carry out subsection (b)(2), and not to exceed

14 $7,000,000 shall be available to carry out subsection

15 (b)(3).

16 SEC. 112. WET WEATHER WATER QUALITY. (a)

17 COMBINED SEWER OVERFLOWS.—Section 402 of the Fed18 eral Water Pollution Control Act (33 U.S.C. 1342) is

19 amended by adding at the end the following:

20 ‘‘(q) COMBINED SEWER OVERFLOWS.—

21 ‘‘(1) REQUIREMENT FOR PERMITS, ORDERS,

22 AND DECREES.—Each permit, order, or decree

23 issued pursuant to this Act after the date of enact24 ment of this subsection for a discharge from a mu25 nicipal combined storm and sanitary sewer shall con-
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1 form to the Combined Sewer Overflow Control Pol2 icy signed by the Administrator on April 11, 1994

3 (in this subsection referred to as the ‘CSO control

4 policy’).

5 ‘‘(2) WATER QUALITY AND DESIGNATED USE

6 REVIEW GUIDANCE.—Not later than July 31, 2001,

7 and after providing notice and opportunity for public

8 comment, the Administrator shall issue guidance to

9 facilitate the conduct of water quality and des10 ignated use reviews for municipal combined sewer

11 overflow receiving waters.

12 ‘‘(3) REPORT.—Not later than September 1,

13 2001, the Administrator shall transmit to Congress

14 a report on the progress made by the Environmental

15 Protection Agency, States, and municipalities in im16 plementing and enforcing the CSO control policy.’’.

17 (b) WET WEATHER PILOT PROGRAM.—Title I of the

18 Federal Water Pollution Control Act (33 U.S.C. 1251 et

19 seq.) is amended by adding at the end the following:

20 ‘‘SEC. 121. WET WEATHER WATERSHED PILOT PROJECTS.

21 ‘‘(a) IN GENERAL.—The Administrator, in coordina22 tion with the States, may provide technical assistance and

23 grants for treatment works to carry out pilot projects re24 lating to the following areas of wet weather discharge con25 trol:
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1 ‘‘(1) WATERSHED MANAGEMENT OF WET

2 WEATHER DISCHARGES.—The management of mu3 nicipal combined sewer overflows, sanitary sewer

4 overflows, and stormwater discharges, on an inte5 grated watershed or subwatershed basis for the pur6 pose of demonstrating the effectiveness of a unified

7 wet weather approach.

8 ‘‘(2) STORMWATER BEST MANAGEMENT PRAC9 TICES.—The control of pollutants from municipal

10 separate storm sewer systems for the purpose of

11 demonstrating and determining controls that are

12 cost-effective and that use innovative technologies in

13 reducing such pollutants from stormwater dis14 charges.

15 ‘‘(b) ADMINISTRATION.—The Administrator, in co16 ordination with the States, shall provide municipalities

17 participating in a pilot project under this section the abil18 ity to engage in innovative practices, including the ability

19 to unify separate wet weather control efforts under a sin20 gle permit.

21 ‘‘(c) FUNDING.—

22 ‘‘(1) IN GENERAL.—There is authorized to be

23 appropriated to carry out this section $10,000,000

24 for fiscal year 2002, $15,000,000 for fiscal year
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1 2003, and $20,000,000 for fiscal year 2004. Such

2 funds shall remain available until expended.

3 ‘‘(2) STORMWATER.—The Administrator shall

4 make available not less than 20 percent of amounts

5 appropriated for a fiscal year pursuant to this sub6 section to carry out the purposes of subsection

7 (a)(2).

8 ‘‘(3) ADMINISTRATIVE EXPENSES.—The Ad9 ministrator may retain not to exceed 4 percent of

10 any amounts appropriated for a fiscal year pursuant

11 to this subsection for the reasonable and necessary

12 costs of administering this section.

13 ‘‘(d) REPORT TO CONGRESS.—Not later than 5 years

14 after the date of enactment of this section, the Adminis15 trator shall transmit to Congress a report on the results

16 of the pilot projects conducted under this section and their

17 possible application nationwide.’’.

18 (c) SEWER OVERFLOW CONTROL GRANTS.—Title II

19 of the Federal Water Pollution Control Act (33 U.S.C.

20 1342 et seq.) is amended by adding at the end the fol21 lowing:

22 ‘‘SEC. 221. SEWER OVERFLOW CONTROL GRANTS.

23 ‘‘(a) IN GENERAL.—In any fiscal year in which the

24 Administrator has available for obligation at least

25 $1,350,000,000 for the purposes of section 601—
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1 ‘‘(1) the Administrator may make grants to

2 States for the purpose of providing grants to a mu3 nicipality or municipal entity for planning, design,

4 and construction of treatment works to intercept,

5 transport, control, or treat municipal combined

6 sewer overflows and sanitary sewer overflows; and

7 ‘‘(2) subject to subsection (g), the Adminis8 trator may make a direct grant to a municipality or

9 municipal entity for the purposes described in para10 graph (1).

11 ‘‘(b) PRIORITIZATION.—In selecting from among mu12 nicipalities applying for grants under subsection (a), a

13 State or the Administrator shall give priority to an appli14 cant that—

15 ‘‘(1) is a municipality that is a financially dis16 tressed community under subsection (c);

17 ‘‘(2) has implemented or is complying with an

18 implementation schedule for the nine minimum con19 trols specified in the CSO control policy referred to

20 in section 402(q)(1) and has begun implementing a

21 long-term municipal combined sewer overflow control

22 plan or a separate sanitary sewer overflow control

23 plan;
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1 ‘‘(3) is requesting a grant for a project that is

2 on a State’s intended use plan pursuant to section

3 606(c); or

4 ‘‘(4) is an Alaska Native Village.

5 ‘‘(c) FINANCIALLY DISTRESSED COMMUNITY.—

6 ‘‘(1) DEFINITION.—In subsection (b), the term

7 ‘financially distressed community’ means a commu8 nity that meets affordability criteria established by

9 the State in which the community is located, if such

10 criteria are developed after public review and com11 ment.

12 ‘‘(2) CONSIDERATION OF IMPACT ON WATER

13 AND SEWER RATES.—In determining if a community

14 is a distressed community for the purposes of sub15 section (b), the State shall consider, among other

16 factors, the extent to which the rate of growth of a

17 community’s tax base has been historically slow such

18 that implementing a plan described in subsection

19 (b)(2) would result in a significant increase in any

20 water or sewer rate charged by the community’s

21 publicly owned wastewater treatment facility.

22 ‘‘(3) INFORMATION TO ASSIST STATES.—The

23 Administrator may publish information to assist

24 States in establishing affordability criteria under

25 paragraph (1).
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1 ‘‘(d) COST-SHARING.—The Federal share of the cost

2 of activities carried out using amounts from a grant made

3 under subsection (a) shall be not less than 55 percent of

4 the cost. The non-Federal share of the cost may include,

5 in any amount, public and private funds and in-kind serv6 ices, and may include, notwithstanding section 603(h), fi7 nancial assistance, including loans, from a State water

8 pollution control revolving fund.

9 ‘‘(e) ADMINISTRATIVE REPORTING REQUIRE10 MENTS.—If a project receives grant assistance under sub11 section (a) and loan assistance from a State water pollu12 tion control revolving fund and the loan assistance is for

13 15 percent or more of the cost of the project, the project

14 may be administered in accordance with State water pollu15 tion control revolving fund administrative reporting re16 quirements for the purposes of streamlining such require17 ments.

18 ‘‘(f ) AUTHORIZATION OF APPROPRIATIONS.—There

19 is authorized to be appropriated to carry out this section

20 $750,000,000 for each of fiscal years 2002 and 2003.

21 Such sums shall remain available until expended.

22 ‘‘(g) ALLOCATION OF FUNDS.—

23 ‘‘(1) FISCAL YEAR 2002.—Subject to subsection

24 (h), the Administrator shall use the amounts appro25 priated to carry out this section for fiscal year 2002
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1 for making grants to municipalities and municipal

2 entities under subsection (a)(2), in accordance with

3 the criteria set forth in subsection (b).

4 ‘‘(2) FISCAL YEAR 2003.—Subject to subsection

5 (h), the Administrator shall use the amounts appro6 priated to carry out this section for fiscal year 2003

7 as follows:

8 ‘‘(A) Not to exceed $250,000,000 for mak9 ing grants to municipalities and municipal enti10 ties under subsection (a)(2), in accordance with

11 the criteria set forth in subsection (b).

12 ‘‘(B) All remaining amounts for making

13 grants to States under subsection (a)(1), in ac14 cordance with a formula to be established by

15 the Administrator, after providing notice and

16 an opportunity for public comment, that allo17 cates to each State a proportional share of such

18 amounts based on the total needs of the State

19 for municipal combined sewer overflow controls

20 and sanitary sewer overflow controls identified

21 in the most recent survey conducted pursuant

22 to section 516(b)(1).

23 ‘‘(h) ADMINISTRATIVE EXPENSES.—Of the amounts

24 appropriated to carry out this section for each fiscal

25 year—
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1 ‘‘(1) the Administrator may retain an amount

2 not to exceed 1 percent for the reasonable and nec3 essary costs of administering this section; and

4 ‘‘(2) the Administrator, or a State, may retain

5 an amount not to exceed 4 percent of any grant

6 made to a municipality or municipal entity under

7 subsection (a), for the reasonable and necessary

8 costs of administering the grant.

9 ‘‘(i) REPORTS.—Not later than December 31, 2003,

10 and periodically thereafter, the Administrator shall trans11 mit to Congress a report containing recommended funding

12 levels for grants under this section. The recommended

13 funding levels shall be sufficient to ensure the continued

14 expeditious implementation of municipal combined sewer

15 overflow and sanitary sewer overflow controls nation16 wide.’’.

17 (d) INFORMATION ON CSOS AND SSOS.—

18 (1) REPORT TO CONGRESS.—Not later than 3

19 years after the date of enactment of this Act, the

20 Administrator of the Environmental Protection

21 Agency shall transmit to Congress a report

22 summarizing—

23 (A) the extent of the human health and en24 vironmental impacts caused by municipal com25 bined sewer overflows and sanitary sewer over-
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1 flows, including the location of discharges caus2 ing such impacts, the volume of pollutants dis3 charged, and the constituents discharged;

4 (B) the resources spent by municipalities

5 to address these impacts; and

6 (C) an evaluation of the technologies used

7 by municipalities to address these impacts.

8 (2) TECHNOLOGY CLEARINGHOUSE.—After

9 transmitting a report under paragraph (1), the Ad10 ministrator shall maintain a clearinghouse of cost-ef11 fective and efficient technologies for addressing

12 human health and environmental impacts due to mu13 nicipal combined sewer overflows and sanitary sewer

14 overflows.

15 SEC. 113. FISH PASSAGE DEVICES AT NEW SAVAN16 NAH BLUFF LOCK AND DAM, SOUTH CAROLINA. Section

17 348(l)(2) of the Water Resources Development Act of

18 2000 is amended—

19 (1) in subparagraph (A), by striking ‘‘Dam, at

20 Federal expense of an estimated $5,300,000’’ and

21 inserting ‘‘Dam and construct appropriate fish pas22 sage devices at the Dam, at Federal expense’’; and

23 (2) in subparagraph (B), by striking ‘‘after re24 pair and rehabilitation,’’ and inserting ‘‘after car25 rying out subparagraph (A),’’.
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1 SEC. 114. (a) EXTINGUISHMENT OF REVERSIONARY

2 INTERESTS AND USE RESTRICTIONS.—With respect to

3 the lands described in the deed described in subsection

4 (b)—

5 (1) the reversionary interests and the use re6 strictions relating to port or industrial purposes are

7 extinguished;

8 (2) the human habitation or other building

9 structure use restriction is extinguished in each area

10 where the elevation is above the standard project

11 flood elevation; and

12 (3) the use of fill material to raise areas above

13 the standard project flood elevation, without increas14 ing the risk of flooding in or outside of the flood15 plain, is authorized, except in any area constituting

16 wetland for which a permit under section 404 of the

17 Federal Water Pollution Control Act (33 U.S.C.

18 1344) would be required.

19 (b) AFFECTED DEED.—The deed referred to is the

20 deed recorded October 17, 1967, in book 291, page 148,

21 Deed of Records of Umatilla County, Oregon, executed by

22 the United States.

23 SEC. 115. MURRIETA CREEK, CALIFORNIA. Section

24 101(b)(6) of the Water Resources Development Act of

25 2000 is repealed.
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1 SEC. 116. PENN MINE, CALAVERAS COUNTY, CALI2 FORNIA. (a) IN GENERAL.—The Secretary of the Army

3 shall reimburse East Bay Municipal Water District for the

4 project for aquatic ecosystem restoration, Penn Mine,

5 Calaveras County, California, carried out under section

6 206 of the Water Resources Development Act of 1996 (33

7 U.S.C. 2330), $4,100,000 for the Federal share of costs

8 incurred by East Bay Municipal Utility District for work

9 carried out by East Bay Municipal Utility District for the

10 project. Such amounts shall be made available within 90

11 days of enactment of this provision.

12 (b) SOURCE OF FUNDING.—Reimbursement under

13 subsection (a) shall be from amounts appropriated before

14 the date of enactment of this Act for the project described

15 in subsection (a).

16 SEC. 117. The project for flood control, Greers Ferry

17 Lake, Arkansas, authorized by the Rivers and Harbors

18 Act of June 28, 1938 (52 Stat. 1218), is modified to au19 thorize the Secretary of the Army to construct intake fa20 cilities for the benefit of Lonoke and White Counties, Ar21 kansas.

22 SEC. 118. The project for flood control, Chehalis

23 River and Tributaries, Washington, authorized by section

24 401(a) of the Water Resources Development Act of 1986

25 (100 Stat. 4126), is modified to authorize the Secretary
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1 of the Army to provide the non-Federal interest credit to2 ward the non-Federal share of the cost of the project the

3 cost of planning, design, and construction work carried out

4 by the non-Federal interest before the date of execution

5 of a cooperation agreement for the project if the Secretary

6 determines that the work is integral to the project.

7 SEC. 119. Within the funds appropriated to the Na8 tional Park Service under the heading ‘‘Operation of the

9 National Park System’’ in Public Law 106–291, the Sec10 retary of the Interior shall provide a grant of $75,000 to

11 the City of Ocean Beach, New York, for repair of facilities

12 at the Ocean Beach Pavilion at Fire Island National Sea13 shore.

14 SEC. 120. The National Park Service is directed to

15 work with Fort Sumter Tours, Inc., the concessionaire

16 currently providing services at Fort Sumter National

17 Monument in South Carolina, on an amicable solution of

18 the current legal dispute between the two parties. The Di19 rector of the Service is directed to extend immediately the

20 current contract through March 15, 2001, to facilitate fur21 ther negotiations and for 180 days if final settlement of

22 all disputes is agreed to by both parties.

23 SEC. 121. Title VIII—Land Conservation, Preserva24 tion, and Infrastructure Improvement of Public Law 106–

25 291 is amended as follows: after the first dollar amount
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1 insert: ‘‘, to be derived from the Land and Water Con2 servation Fund’’.

3 SEC. 122. GAS TO LIQUIDS. Section 301(2) of the

4 Energy Policy Act of 1992 (Public Law 102–486; 42

5 U.S.C. 13211(2)) is amended by inserting ‘‘, including liq6 uid fuels domestically produced from natural gas’’ after

7 ‘‘natural gas’’.

8 SEC. 123. The provisions of H.R. 4904 as passed in

9 the House of Representatives on September 26, 2000, are

10 hereby enacted into law.

11 SEC. 124. APPALACHIAN NATIONAL SCENIC TRAIL.

12 (a) ACQUISITIONS.—

13 (1) IN GENERAL.—The Secretary of the Inte14 rior shall—

15 (A) negotiate agreements with landowners

16 setting terms and conditions for the acquisition

17 of parcels of land and interests in land totaling

18 approximately 580 acres at Saddleback Moun19 tain near Rangeley, Maine, for the benefit of

20 the Appalachian National Scenic Trail;

21 (B) complete the pending environmental

22 compliance process for the acquisitions; and

23 (C) acquire the parcels of land and inter24 ests in land for consideration in the amount of
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1 $4,000,000 plus closing costs customarily paid

2 by the United States.

3 (2) ACCEPTANCE OF DONATIONS.—The Sec4 retary may accept as donations parcels of land and

5 interests in land at Saddleback Mountain, in addi6 tion to those acquired by purchase under paragraph

7 (1), for the benefit of the Appalachian National Sce8 nic Trail.

9 (b) CONVEYANCE TO THE STATE.—The Secretary

10 shall convey to the State of Maine a portion of the land

11 and interests in land acquired under subsection (a) with12 out consideration, subject to such terms and conditions as

13 the Secretary and the State of Maine agree are necessary

14 to ensure the protection of the Appalachian National Sce15 nic Trail.

16 SEC. 125. The provisions of S. 2273, as passed in

17 the United States Senate on October 5, 2000 and en18 grossed, are hereby enacted into law.

19 SEC. 126. Section 116(a)(1)(A) of the Illinois and

20 Michigan Canal National Heritage Corridor Act of 1984

21 (98 Stat. 1467) is amended by striking ‘‘$250,000’’ and

22 inserting ‘‘$1,000,000’’.

23 SEC. 127. The provisions of S. 2885, as passed in

24 the United States Senate on October 5, 2000 and en25 grossed, are hereby enacted into law.
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1 SEC. 128. None of the funds provided in this or any

2 other Act may be used prior to July 31, 2001, to promul3 gate or enforce a final rule to reduce during the 2000–

4 2001 or 2001–2002 winter seasons the use of snowmobiles

5 below current use patterns at a unit in the National Park

6 System: Provided, That nothing in this section shall be

7 interpreted as amending any requirement of the Clean Air

8 Act: Provided further, That nothing in this section shall

9 preclude the Secretary from taking emergency actions re10 lated to snowmobile use in any National Park based on

11 authorities which existed to permit such emergency actions

12 as of the date of enactment of this Act.

13 SEC. 129. The Secretary of the Interior shall extend

14 until March 31, 2001, the ‘‘Extension of Standstill Agree15 ment,’’ entered into on November 22, 1999, by the United

16 States of America and the holders of interests in seven

17 campsite leases in Biscayne Bay, Miami-Dade County,

18 Florida collectively known as ‘‘Stiltsville’’.

19 SEC. 130. The Secretary of the Interior is authorized

20 to make a grant of $1,300,000 to the State of Minnesota

21 or its political subdivision from funds available to the Na22 tional Park Service under the heading ‘‘Land Acquisition

23 and State Assistance’’ in Public Law 106–291 to cover

24 the cost of acquisition of land in Lower Phalen Creek near
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1 St. Paul, Minnesota in the Mississippi National River and

2 Recreation Area.

3 SEC. 131. Notwithstanding any provision of law or

4 regulation, funds appropriated in Public Law 106–291 for

5 a cooperative agreement for management of George Wash6 ington’s Boyhood Home, Ferry Farm, shall be transferred

7 to the George Washington’s Fredericksburg Foundation,

8 Inc. (formerly known as Kenmore Association, Inc.) imme9 diately upon signing of the cooperative agreement.

10 SEC. 132. During the period beginning on the date

11 of the enactment of this Act and ending on June 1, 2001,

12 funds made available to the Secretary of the Interior may

13 not be used to pay salaries or expenses related to the

14 issuance of a request for proposal related to a light rail

15 system to service Grand Canyon National Park.

16 SEC. 133. None of the funds in this or any other Act

17 may be used by the Secretary of the Interior to remove

18 the five-foot-tall white cross located within the boundary

19 of the Mojave National Preserve in southern California

20 first erected in 1934 by the Veterans of Foreign Wars

21 along Cima Road approximately 11 miles south of Inter22 state 15.

23 SEC. 134. Section 6(g) of the Chesapeake and Ohio

24 Canal Development Act (16 U.S.C. 410y–4(g)) is amend25 ed by striking ‘‘thirty’’ and inserting ‘‘40’’.
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1 SEC. 135. Funds provided in Public Law 106–291

2 for Federal land acquisition by the National Park Service

3 in Fiscal Year 2001 for Brandywine Battlefield, Ice Age

4 National Scenic Trail, Mississippi National River and

5 Recreation Area, Shenandoah National Heritage Area,

6 Fallen Timbers Battlefield and Fort Miamis National His7 toric Site may be used for a grant to a State, local govern8 ment, or to a land management entity for the acquisition

9 of lands without regard to any restriction on the use of

10 Federal land acquisition funds provided through the Land

11 and Water Conservation Act of 1965.

12 SEC. 136. Notwithstanding any other provision of

13 law, in accordance with title IV—Wildland Fire Emer14 gency Appropriations, Public Law 106–291, from the

15 $35,000,000 provided for community and private land fire

16 assistance, the Secretary of Agriculture, may use up to

17 $9,000,000 for advance, direct lump sum payments for as18 sistance to eligible individuals, businesses, or other enti19 ties, to accomplish the purposes of providing assistance

20 to non-Federal entities most affected by fire. To expedite

21 such financial assistance being provided to eligible recipi22 ents, the lump sum payments shall not be subject to 7

23 CFR 3015, 3019, and 3052 related to the administration

24 of Federal financial assistance.
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1 SEC. 137. (a) IN GENERAL.—The first section of

2 Public Law 91–660 (16 U.S.C. 459h) is amended—

3 (1) in the first sentence, by striking ‘‘That, in’’

4 and inserting the following:

5 ‘‘SECTION 1. GULF ISLANDS NATIONAL SEASHORE.

6 ‘‘(a) ESTABLISHMENT.—In’’; and

7 (2) in the second sentence—

8 (A) by redesignating paragraphs (1)

9 through (6) as subparagraphs (A) through (F),

10 respectively, and indenting appropriately;

11 (B) by striking ‘‘The seashore shall com12 prise’’ and inserting the following:

13 ‘‘(b) COMPOSITION.—

14 ‘‘(1) IN GENERAL.—The seashore shall com15 prise the areas described in paragraphs (2) and (3).

16 ‘‘(2) AREAS INCLUDED IN BOUNDARY PLAN

17 NUMBERED NS–GI–7100J.—The areas described in

18 this paragraph are’’: and

19 (C) by adding at the end the following:

20 ‘‘(3) CAT ISLAND.—Upon its acquisition by the

21 Secretary, the area described in this paragraph is

22 the parcel consisting of approximately 2,000 acres of

23 land on Cat Island, Mississippi, as generally depicted

24 on the map entitled ‘Boundary Map, Gulf Islands

25 National Seashore, Cat Island, Mississippi’, num-
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1 bered 635/80085, and dated November 9, 1999 (re2 ferred to in this title as the ‘Cat Island Map’).

3 ‘‘(4) AVAILABILITY OF MAP.—The Cat Island

4 Map shall be on file and available for public inspec5 tion in the appropriate offices of the National Park

6 Service.’’.

7 (b) ACQUISITION AUTHORITY.—Section 2 of Public

8 Law 91–660 (16 U.S.C. 459h–1) is amended—

9 (1) in the first sentence of subsection (a), by

10 striking ‘‘lands,’’ and inserting ‘‘submerged land,

11 land,’’; and

12 (2) by adding at the end the following:

13 ‘‘(e) ACQUISITION AUTHORITY.—

14 ‘‘(1) IN GENERAL.—The Secretary may acquire,

15 from a willing seller only—

16 ‘‘(A) all land comprising the parcel de17 scribed in subsection (b)(3) that is above the

18 mean line of ordinary high tide, lying and being

19 situated in Harrison County, Mississippi;

20 ‘‘(B) an easement over the approximately

21 150-acre parcel depicted as the ‘Boddie Family

22 Tract’ on the Cat Island Map for the purpose

23 of implementing an agreement with the owners

24 of the parcel concerning the development and

25 use of the parcel; and
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1 ‘‘(C)(i) land and interests in land on Cat

2 Island outside the 2,000-acre area depicted on

3 the Cat Island Map; and

4 ‘‘(ii) submerged land that lies within 1

5 mile seaward of Cat Island (referred to in this

6 title as the ‘buffer zone’), except that sub7 merged land owned by the State of Mississippi

8 (or a subdivision of the State) may be acquired

9 only by donation.

10 ‘‘(2) ADMINISTRATION.—

11 ‘‘(A) IN GENERAL.—Land and interests in

12 land acquired under this subsection shall be ad13 ministered by the Secretary, acting through the

14 Director of the National Park Service.

15 ‘‘(B) BUFFER ZONE.—Nothing in this title

16 or any other provision of law shall require the

17 State of Mississippi to convey to the Secretary

18 any right, title, or interest in or to the buffer

19 zone as a condition for the establishment of the

20 buffer zone.

21 ‘‘(3) MODIFICATION OF BOUNDARY.—The

22 boundary of the seashore shall be modified to reflect

23 the acquisition of land under this subsection only

24 after completion of the acquisition.’’.
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1 (c) REGULATION OF FISHING.—Section 3 of Public

2 Law 91–660 (16 U.S.C. 459h–2) is amended—

3 (1) by inserting ‘‘(a) IN GENERAL.—’’ before

4 ‘‘The Secretary’’; and

5 (2) by adding at the end the following:

6 ‘‘(b) NO AUTHORITY TO REGULATE MARITIME AC7 TIVITIES.—Nothing in this title or any other provision of

8 law shall affect any right of the State of Mississippi, or

9 give the Secretary any authority, to regulate maritime ac10 tivities, including nonseashore fishing activities (including

11 shrimping), in any area that, on the date of enactment

12 of this subsection, is outside the designated boundary of

13 the seashore (including the buffer zone).’’.

14 (d) AUTHORIZATION OF MANAGEMENT AGREE15 MENTS.—Section 5 of Public Law 91–660 (16 U.S.C.

16 459h–4) is amended—

17 (1) by inserting ‘‘(a) IN GENERAL.—’’ before

18 ‘‘Except’’; and

19 (2) by adding at the end the following:

20 ‘‘(b) AGREEMENTS.—

21 ‘‘(1) IN GENERAL.—The Secretary may enter

22 into agreements—

23 ‘‘(A) with the State of Mississippi for the

24 purposes of managing resources and providing

25 law enforcement assistance, subject to author-
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1 ization by State law, and emergency services on

2 or within any land on Cat Island and any water

3 and submerged land within the buffer zone; and

4 ‘‘(B) with the owners of the approximately

5 150-acre parcel depicted as the ‘Boddie Family

6 Tract’ on the Cat Island Map concerning the

7 development and use of the land.

8 ‘‘(2) NO AUTHORITY TO ENFORCE CERTAIN

9 REGULATIONS.—Nothing in this subsection author10 izes the Secretary to enforce Federal regulations

11 outside the land area within the designated bound12 ary of the seashore.’’.

13 (e) AUTHORIZATION OF APPROPRIATIONS.—Section

14 11 of Public Law 91–660 (16 U.S.C. 459h–10) is

15 amended—

16 (1) by inserting ‘‘(a) IN GENERAL.—’’ before

17 ‘‘There’’; and

18 (2) by adding at the end the following:

19 ‘‘(b) AUTHORIZATION FOR ACQUISITION OF LAND.—

20 In addition to the funds authorized by subsection (a),

21 there are authorized to be appropriated such sums as are

22 necessary to acquire land and submerged land on and ad23 jacent to Cat Island, Mississippi.’’.
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1 SEC. 138. PERCENTAGE LIMITATIONS ON FEDERAL

2 THRIFT SAVINGS PLAN CONTRIBUTIONS. (a) AMEND3 MENTS RELATING TO FERS.—

4 (1) IN GENERAL.—Subsection (a) of section

5 8432 of title 5, United States Code, is amended—

6 (A) by striking ‘‘(a)’’ and inserting

7 ‘‘(a)(1)’’;

8 (B) by striking ‘‘10 percent’’ and all that

9 follows through ‘‘period.’’ and inserting ‘‘the

10 maximum percentage of such employee’s or

11 Member’s basic pay for such pay period allow12 able under paragraph (2).’’; and

13 (C) by adding at the end the following:

14 ‘‘(2) The maximum percentage allowable under this

15 paragraph shall be determined in accordance with the fol16 lowing table:

‘‘In the case of a pay period beginning in fiscal year:The maximum percentage

allowable is:

2001 ................................................................................................... 11

2002 ................................................................................................... 12

2003 ................................................................................................... 13

2004 ................................................................................................... 14

2005 ................................................................................................... 15

2006 or thereafter .............................................................................. 100.’’.

17 (2) JUSTICES AND JUDGES.—Paragraph (2) of

18 section 8440a(b) of title 5, United States Code, is

19 amended to read as follows:

20 ‘‘(2) The amount contributed by a justice or judge

21 for any pay period shall not exceed the maximum percent-
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1 age of such justice’s or judge’s basic pay for such pay pe2 riod allowable under section 8440f.’’.

3 (3) BANKRUPTCY JUDGES AND MAG4 ISTRATES.—Paragraph (2) of section 8440b(b) of

5 title 5, United States Code, is amended by striking

6 ‘‘5 percent’’ and all that follows through ‘‘period.’’

7 and inserting ‘‘the maximum percentage of such

8 bankruptcy judge’s or magistrate’s basic pay for

9 such pay period allowable under section 8440f.’’.

10 (4) COURT OF FEDERAL CLAIMS JUDGES.—

11 Paragraph (2) of section 8440c(b) of title 5, United

12 States Code, is amended by striking ‘‘5 percent’’ and

13 all that follows through ‘‘period.’’ and inserting ‘‘the

14 maximum percentage of such judge’s basic pay for

15 such pay period allowable under section 8440f.’’.

16 (5) JUDGES OF THE UNITED STATES COURT OF

17 APPEALS FOR VETERANS CLAIMS.—The first sen18 tence of section 8440d(b)(2) of title 5, United States

19 Code, is amended to read as follows: ‘‘The amount

20 contributed by a judge of the United States Court

21 of Appeals for Veterans Claims for any pay period

22 may not exceed the maximum percentage of such

23 judge’s basic pay for such pay period allowable

24 under section 8440f.’’.
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1 (6) MEMBERS OF THE UNIFORMED SERV2 ICES.—

3 (A) BASIC PAY.—Subparagraph (A) of sec4 tion 8440e(d)(1) of title 5, United States Code,

5 is amended by striking ‘‘5 percent’’ and all that

6 follows through ‘‘period.’’ and inserting ‘‘the

7 maximum percentage of such member’s basic

8 pay for such pay period allowable under section

9 8440f.’’.

10 (B) COMPENSATION.—Subparagraph (B)

11 of section 8440e(d)(1) of title 5, United States

12 Code, is amended by striking ‘‘5 percent’’ and

13 all that follows through ‘‘period.’’ and inserting

14 ‘‘the maximum percentage of such member’s

15 compensation for such pay period (received

16 under such section 206) allowable under section

17 8440f.’’.

18 (7) MAXIMUM PERCENTAGE ALLOWABLE.—

19 (A) IN GENERAL.—Title 5, United States

20 Code, is amended by inserting after section

21 8440e the following:
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1 ‘‘§ 8440f. Maximum percentage allowable for certain

2 participants

3 ‘‘The maximum percentage allowable under this sec4 tion shall be determined in accordance with the following

5 table:

‘‘In the case of a pay period beginning in fiscal year:The maximum percentage

allowable is:

2001 ................................................................................................... 6

2002 ................................................................................................... 7

2003 ................................................................................................... 8

2004 ................................................................................................... 9

2005 ................................................................................................... 10

2006 or thereafter .............................................................................. 100.’’.

6 (B) CONFORMING AMENDMENT.—The

7 table of sections for chapter 84 of title 5,

8 United States Code, is amended by inserting

9 after the item relating to section 8440e the fol10 lowing:

‘‘8440f. Maximum percentage allowable for certain participants.’’.

11 (b) AMENDMENTS RELATING TO CSRS.—Paragraph

12 (2) of section 8351(b) of title 5, United States Code, is

13 amended—

14 (1) by striking ‘‘(2)’’ and inserting ‘‘(2)(A)’’;

15 (2) by striking ‘‘5 percent’’ and all that follows

16 through ‘‘period.’’ and inserting ‘‘the maximum per17 centage of such employee’s or Member’s basic pay

18 for such pay period allowable under subparagraph

19 (B).’’; and

20 (3) by adding at the end the following:
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1 ‘‘(B) The maximum percentage allowable under this

2 subparagraph shall be determined in accordance with the

3 following table:

‘‘In the case of a pay period beginning in fiscal year:The maximum percentage

allowable is:

2001 ................................................................................................... 6

2002 ................................................................................................... 7

2003 ................................................................................................... 8

2004 ................................................................................................... 9

2005 ................................................................................................... 10

2006 or thereafter .............................................................................. 100.’’.

4 (c) EFFECTIVE DATE.—

5 (1) IN GENERAL.—The amendments made by

6 this section shall take effect on the date of enact7 ment of this Act.

8 (2) COORDINATION WITH ELECTION PERI9 ODS.—The Executive Director shall by regulation

10 determine the first election period in which elections

11 may be made consistent with the amendments made

12 by this section.

13 (3) DEFINITIONS.—For purposes of this

14 section—

15 (A) the term ‘‘election period’’ means a pe16 riod afforded under section 8432(b) of title 5,

17 United States Code; and

18 (B) the term ‘‘Executive Director’’ has the

19 meaning given such term by section 8401(13)

20 of title 5, United States Code.
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1 SEC. 139. EXCLUSION OF ELEMENTS OF UNITED

2 STATES SECRET SERVICE FROM CERTAIN ACTIVITIES.

3 Section 7103(a)(3) of title 5, United States Code, is

4 amended—

5 (1) in subparagraph (F), by striking ‘‘or’’ at

6 the end;

7 (2) in subparagraph (G), by striking the period

8 and inserting ‘‘; or’’; and

9 (3) by adding at the end the following new sub10 paragraph:

11 ‘‘(H) the United States Secret Service and

12 the United States Secret Service Uniformed Di13 vision.’’.

14 SEC. 140. (a) The adjustment in rates of basic pay

15 for the statutory pay systems that takes effect in fiscal

16 year 2001 under sections 5303 and 5304 of title 5, United

17 States Code, shall be an increase of 3.7 percent.

18 (b) Funds used to carry out this section shall be paid

19 from appropriations which are made to each applicable de20 partment or agency for salaries and expenses for fiscal

21 year 2001.

22 SEC. 141. REPEAL OF MANDATORY SEPARATION RE23 QUIREMENT. (a) IN GENERAL.—Section 8335 of title 5,

24 United States Code, is amended—

25 (1) by striking subsection (c); and
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1 (2) by redesignating subsections (d) and (e) as

2 subsections (c) and (d), respectively.

3 (b) TECHNICAL AND CONFORMING AMENDMENT.—

4 Section 8339(q) of title 5, United States Code, is amended

5 by striking ‘‘8335(d)’’ and inserting ‘‘8335(c)’’.

6 SEC. 142. Section 223(a)(14) of the Juvenile Justice

7 and Delinquency Prevention Act of 1974 (42 U.S.C.

8 5633(a)(14) as amended, is hereby amended by inserting

9 after the phrase ‘‘twenty-four hours’’ the following new

10 phrase: ‘‘(except in the case of Alaska where such time

11 limit may be forty-eight hours in fiscal years 2000 through

12 2002)’’.

13 SEC. 143. (a) Section 336 of the Communications Act

14 of 1934 (47 U.S.C. 336) is amended—

15 (1) by redesignating subsection (h) as sub16 section (i); and

17 (2) by inserting after subsection (g) the fol18 lowing:

19 ‘‘(h)(1) Within 60 days after receiving a request

20 (made in such form and manner and containing such in21 formation as the Commission may require) under this sub22 section from a low-power television station to which this

23 subsection applies, the Commission shall authorize the li24 censee or permittee of that station to provide digital data

25 service subject to the requirements of this subsection as
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1 a pilot project to demonstrate the feasibility of using low2 power television stations to provide high-speed wireless

3 digital data service, including Internet access to unserved

4 areas.

5 ‘‘(2) The low-power television stations to which

6 this subsection applies are as follows:

7 ‘‘(A) KHLM–LP, Houston, Texas.

8 ‘‘(B) WTAM–LP, Tampa, Florida.

9 ‘‘(C) WWRJ–LP, Jacksonville, Florida.

10 ‘‘(D) WVBG–LP, Albany, New York.

11 ‘‘(E) KHHI–LP, Honolulu, Hawaii.

12 ‘‘(F) KPHE–LP (K19DD), Phoenix, Ari13 zona.

14 ‘‘(G) K34FI, Bozeman, Montana.

15 ‘‘(H) K65GZ, Bozeman, Montana.

16 ‘‘(I) WXOB–LP, Richmond, Virginia.

17 ‘‘(J) WIIW–LP, Nashville, Tennessee.

18 ‘‘(K) A station and repeaters to be deter19 mined by the Federal Communications Commis20 sion for the sole purpose of providing service to

21 communities in the Kenai Peninsula Borough

22 and Matanuska Susitna Borough.

23 ‘‘(L) WSPY–LP, Plano, Illinois.

24 ‘‘(M) W24AJ, Aurora, Illinois.
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1 ‘‘(3) Notwithstanding any requirement of sec2 tion 553 of title 5, United States Code, the Commis3 sion shall promulgate regulations establishing the

4 procedures, consistent with the requirements of

5 paragraphs (4) and (5), governing the pilot projects

6 for the provision of digital data services by certain

7 low power television licensees within 120 days after

8 the date of enactment of LPTV Digital Data Serv9 ices Act. The regulations shall set forth—

10 ‘‘(A) requirements as to the form, manner,

11 and information required for submitting re12 quests to the Commission to provide digital

13 data service as a pilot project;

14 ‘‘(B) procedures for testing interference to

15 digital television receivers caused by any pilot

16 project station or remote transmitter;

17 ‘‘(C) procedures for terminating any pilot

18 project station or remote transmitter or both

19 that causes interference to any analog or digital

20 full-power television stations, class A television

21 station, television translators or any other users

22 of the core television band;

23 ‘‘(D) specifications for reports to be filed

24 quarterly by each low power television licensee

25 participating in a pilot project;
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1 ‘‘(E) procedures by which a low power tele2 vision licensee participating in a pilot project

3 shall notify television broadcast stations in the

4 same market upon commencement of digital

5 data services and for ongoing coordination with

6 local broadcasters during the test period; and

7 ‘‘(F) procedures for the receipt and review

8 of interference complaints on an expedited basis

9 consistent with paragraph (5)(D).

10 ‘‘(4) A low-power television station to which

11 this subsection applies may not provide digital data

12 service unless—

13 ‘‘(A) the provision of that service, includ14 ing any remote return-path transmission in the

15 case of 2-way digital data service, does not

16 cause any interference in violation of the Com17 mission’s existing rules, regarding interference

18 caused by low power television stations to full19 service analog or digital television stations,

20 class A television stations, or television trans21 lator stations; and

22 ‘‘(B) the station complies with the Com23 mission’s regulations governing safety, environ24 mental, and sound engineering practices, and
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1 any other Commission regulation under para2 graph (3) governing pilot program operations.

3 ‘‘(5)(A) The Commission may limit the provi4 sion of digital data service by a low-power television

5 station to which this subsection applies if the Com6 mission finds that—

7 ‘‘(i) the provision of 2-way digital data

8 service by that station causes any interference

9 that cannot otherwise be remedied; or

10 ‘‘(ii) the provision of 1-way digital data

11 service by that station causes any interference.

12 ‘‘(B) The Commission shall grant any such sta13 tion, upon application (made in such form and man14 ner and containing such information as the Commis15 sion may require) by the licensee or permittee of

16 that station, authority to move the station to an17 other location, to modify its facilities to operate on

18 a different channel, or to use booster or auxiliary

19 transmitting locations, if the grant of authority will

20 not cause interference to the allowable or protected

21 service areas of full service digital television stations,

22 National Television Standards Committee assign23 ments, or television translator stations, and pro24 vided, however, no such authority shall be granted

25 unless it is consistent with existing Commission reg-
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1 ulations relating to the movement, modification, and

2 use of non-class A low power television transmission

3 facilities in order—

4 ‘‘(i) to operate within television channels 2

5 through 51, inclusive; or

6 ‘‘(ii) to demonstrate the utility of low7 power television stations to provide high-speed

8 2-way wireless digital data service.

9 ‘‘(C) The Commission shall require quarterly

10 reports from each station authorized to provide dig11 ital data services under this subsection that

12 include—

13 ‘‘(i) information on the station’s experience

14 with interference complaints and the resolution

15 thereof;

16 ‘‘(ii) information on the station’s market

17 success in providing digital data service; and

18 ‘‘(iii) such other information as the Com19 mission may require in order to administer this

20 subsection.

21 ‘‘(D) The Commission shall resolve any com22 plaints of interference with television reception

23 caused by any station providing digital data service

24 authorized under this subsection within 60 days

25 after the complaint is received by the Commission.
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1 ‘‘(6) The Commission shall assess and collect

2 from any low-power television station authorized to

3 provide digital data service under this subsection an

4 annual fee or other schedule or method of payment

5 comparable to any fee imposed under the authority

6 of this Act on providers of similar services. Amounts

7 received by the Commission under this paragraph

8 may be retained by the Commission as an offsetting

9 collection to the extent necessary to cover the costs

10 of developing and implementing the pilot program

11 authorized by this subsection, and regulating and

12 supervising the provision of digital data service by

13 low-power television stations under this subsection.

14 Amounts received by the Commission under this

15 paragraph in excess of any amount retained under

16 the preceding sentence shall be deposited in the

17 Treasury in accordance with chapter 33 of title 31,

18 United States Code.

19 ‘‘(7) In this subsection, the term ‘digital data

20 service’ includes—

21 ‘‘(A) digitally-based interactive broadcast

22 service; and

23 ‘‘(B) wireless Internet access, without re24 gard to—

25 ‘‘(i) whether such access is—
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1 ‘‘(I) provided on a one-way or a

2 two-way basis;

3 ‘‘(II) portable or fixed; or

4 ‘‘(III) connected to the Internet

5 via a band allocated to Interactive

6 Video and Data Service; and

7 ‘‘(ii) the technology employed in deliv8 ering such service, including the delivery of

9 such service via multiple transmitters at

10 multiple locations.

11 ‘‘(8) Nothing in this subsection limits the au12 thority of the Commission under any other provision

13 of law.’’.

14 (b) The Federal Communications Commission shall

15 submit a report to the Congress on June 30, 2001, and

16 June 30, 2002, evaluating the utility of using low-power

17 television stations to provide high-speed digital data serv18 ice. The reports shall be based on the pilot projects au19 thorized by section 336(h) of the Communications Act of

20 1934 (47 U.S.C. 336(h)).

21 SEC. 144. (a) The Magnuson-Stevens Fishery Con22 servation and Management Act (16 U.S.C. 1801 et. seq.)

23 is amended—

24 (1) in section 303(d)(1)(A) by striking ‘‘Octo25 ber 1, 2000,’’ and inserting ‘‘October 1, 2002,’’;
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1 (2) in section 303(d)(5) by striking ‘‘October 1,

2 2000,’’ and inserting ‘‘October 1, 2002,’’;

3 (3) in section 407(b) by striking ‘‘October 1,

4 2000,’’ and inserting ‘‘October 1, 2002,’’; and

5 (4) in section 407(c)(1) by striking ‘‘October 1,

6 2000,’’ and inserting ‘‘October 1, 2002,’’.

7 (b) Notwithstanding sections 303(d)(1)(A) and

8 303(d)(1)(B) of the Magnuson-Stevens Fishery Conserva9 tion and Management Act, as amended by this section,

10 the Pacific Fishery Management Council may recommend

11 and the Secretary of Commerce may approve and imple12 ment any fishery management plan, plan amendment, or

13 regulation, for fixed gear sablefish subject to the jurisdic14 tion of such Council, that—

15 (1) allows the use of more than one groundfish

16 fishing permit by each fishing vessel; and/or

17 (2) sets cumulative trip limit periods, up to 12

18 months in any calendar year, that allow fishing ves19 sels a reasonable opportunity to harvest the full

20 amount of the associated trip limits.

21 Notwithstanding subsection (a), the Gulf of Mexico Fish22 ery Management Council may develop a biological, eco23 nomic, and social profile of any fishery under its jurisdic24 tion that may be considered for management under a

25 quota management system, including the benefits and con-
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•HR 5666 IH

1 sequences of the quota management systems considered.

2 The North Pacific Fishery Management Council shall ex3 amine the fisheries under its jurisdiction, particularly the

4 Gulf of Alaska groundfish and Bering Sea crab fisheries,

5 to determine whether rationalization is needed. In par6 ticular, the North Pacific Council shall analyze individual

7 fishing quotas, processor quotas, cooperatives, and quotas

8 held by communities. The analysis should include an eco9 nomic analysis of the impact of all options on communities

10 and processors as well as the fishing fleets. The North

11 Pacific Council shall present its analysis to the appropria12 tions and authorizing committees of the Senate and House

13 of Representatives in a timely manner.

14 (c)(1) Public Law 101–380, as amended by section

15 2204 of chapter 2 of title II of Public Law 106–246, is

16 amended further—

17 (A) by striking the second sentence of section

18 5008(c) and inserting in lieu thereof ‘‘The Federal

19 Advisory Committee Act (5 U.S.C. App. 2) shall not

20 apply to the Institute.’’;

21 (B) by inserting the following sentence at the

22 end of section 5008(e): ‘‘The administrative funds of

23 the Institute and the administrative funds of the

24 North Pacific Research Board created under Public

25 Law 105–83 may be used to jointly administer such
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1 programs at the discretion of the North Pacific Re2 search Board.’’; and

3 (C) in section 5006(c), as amended by this Act

4 or any other Act making appropriations for fiscal

5 year 2001, by striking the colon immediately before

6 the first proviso and inserting in lieu thereof, ‘‘of

7 which up to $3,000,000 may be used for the lease

8 payment to the Alaska SeaLife Center under section

9 5008(b)(2):’’.

10 (2) Section 401(e) of Public Law 105–83 is

11 amended—

12 (A) in paragraph (2) by striking ‘‘and rec13 ommended for Secretarial approval’’;

14 (B) in paragraph (3)(A) by striking ‘‘, who

15 shall be a co-chair of the Board’’;

16 (C) in paragraph (3)(F) by striking ‘‘, who

17 shall be a co-chair of the Board’’;

18 (D) in paragraph (4)(A) by striking ‘‘and ad19 minister’’;

20 (E) in paragraph (4)(B) by striking the first

21 sentence;

22 (F) by adding at the end the following new

23 paragraph:

24 ‘‘(5) All decisions of the Board, including grant

25 recommendations, shall be by majority vote of the
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•HR 5666 IH

1 members listed in paragraphs (3)(A), (3)(F), (3)(G),

2 (3)(J), and (3)(N), in consultation with the other

3 members. The five voting members may act on be4 half of the Board in all matters of administration,

5 including the disposition of research funds not made

6 available by this section, at any time on or after Oc7 tober 1, 2000.’’; and

8 (G) in paragraph (3) by adding at the end the

9 following:

10 ‘‘(N) one member who shall represent fish11 ing interests and shall be nominated by the

12 Board and appointed by the Secretary.’’.

13 (3) Funds made available for the construction of the

14 NOAA laboratory at Lena Point shall be considered incre15 mental funding for the initial phase of construction at

16 Lena Point for site work and related infrastructure and

17 systems installation.

18 (4) Notwithstanding any other provision of law, funds

19 made available by this Act or any other Act for the Alaska

20 SeaLife Center shall be considered direct payments for all

21 purposes of applicable law.

22 (5) Public Law 99–5 is amended—

23 (A) by inserting after section 3(e) the following:

24 ‘‘(f) The United States shall be represented on the

25 Transboundary Panel by seven panel members, of whom—
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1 ‘‘(1) one shall be an official of the United

2 States Government, with salmon fishery manage3 ment responsibility and expertise;

4 ‘‘(2) one shall be an official of the State of

5 Alaska, with salmon fishery management responsi6 bility and expertise; and

7 ‘‘(3) five shall be individuals knowledgeable and

8 experienced in the salmon fisheries for which the

9 Transboundary Panel is responsible.’’;

10 (B) by renumbering the remaining subsections;

11 (C) in section 3(g), as redesignated by this sub12 section, by striking ‘‘The appointing authorities’’

13 and inserting in lieu thereof ‘‘For the northern,

14 southern, and Fraser River panels, the appointing

15 authorities’’; and

16 (D) in section 3(h)(3), as redesignated by this

17 subsection, by striking ‘‘northern and southern’’ and

18 inserting in lieu thereof ‘‘northern, southern, and

19 transboundary’’.

20 (6) The fishery research vessel for which funds were

21 appropriated in Public Law 106–113 shall be homeported

22 in Kodiak, Alaska, and is hereby named ‘‘OSCAR

23 DYSON’’.

24 (d)(1) The Secretary of Commerce (hereinafter ‘‘the

25 Secretary’’) shall, after notice and opportunity for public
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•HR 5666 IH

1 comment, adopt final regulations not later than May 1,

2 2001 to implement a fishing capacity reduction program

3 for crab fisheries included in the Fishery Management

4 Plan for Commercial King and Tanner Crab Fisheries in

5 the Bering Sea and Aleutian Islands (hereinafter ‘‘BSAI

6 crab fisheries’’). In implementing the program the Sec7 retary shall—

8 (A) reduce the fishing capacity in the BSAI

9 crab fisheries by permanently reducing the number

10 of license limitation program crab licenses;

11 (B) permanently revoke all fishery licenses,

12 fishery permits, area and species endorsements, and

13 any other fishery privileges, for all fisheries subject

14 to the jurisdiction of the United States, issued to a

15 vessel or vessels (or to persons on the basis of their

16 operation or ownership of that vessel or vessels) for

17 which a BSAI crab fisheries reduction permit is sur18 rendered and revoked under section 6011(b) of title

19 50, Code of Federal Regulations;

20 (C) ensure that the Secretary of Transportation

21 is notified of each vessel for which a reduction per22 mit is surrendered and revoked under the program,

23 with a request that such Secretary permanently re24 voke the fishery endorsement of each such vessel and
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•HR 5666 IH

1 refuse permission to transfer any such vessel to a

2 foreign flag under paragraph (5);

3 (D) ensure that vessels removed from the BSAI

4 crab fisheries under the program are made perma5 nently ineligible to participate in any fishery world6 wide, and that the owners of such vessels contrac7 tually agree that such vessels will operate only under

8 the United States flag or be scrapped as a reduction

9 vessel pursuant to section 600.1011(c) of title 50,

10 Code of Federal Regulations;

11 (E) ensure that vessels removed from the BSAI

12 crab fisheries, the owners of such vessels, and the

13 holders of fishery permits for such vessels forever re14 linquish any claim associated with such vessel, per15 mits, and any catch history associated with such ves16 sel or permits that could qualify such vessel, vessel

17 owner, or permit holder for any present or future

18 limited access system fishing permits in the United

19 States fisheries based on such vessel, permits, or

20 catch history;

21 (F) not include the purchase of Norton Sound

22 red king crab or Norton Sound blue king crab en23 dorsements in the program, though any such en24 dorsements associated with a reduction permit or

25 vessel made ineligible or scrapped under the pro-
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•HR 5666 IH

1 gram shall also be surrendered and revoked as if

2 surrendered and revoked pursuant to section

3 600.1011(b) of title 50, Code of Federal Regula4 tions;

5 (G) seek to obtain the maximum sustained re6 duction in fishing capacity at the least cost by estab7 lishing bidding procedures that—

8 (i) assign a bid score to each bid by divid9 ing the price bid for each reduction permit by

10 the total value of the crab landed in the most

11 recent 5-year period in each crab fishery from

12 1990 through 1999 under that permit, with the

13 value for each year determined by multiplying

14 the average price per pound published by the

15 State of Alaska in each year for each crab fish16 ery included in such reduction permit by the

17 total pounds landed in each crab fishery under

18 that permit in that year; and

19 (ii) use a reverse auction in which the low20 est bid score ranks first, followed by each bid

21 with the next lowest bid score, until the total

22 bid amount of all bids equals a reduction cost

23 that the next lowest bid would cause to exceed

24 $100,000,000;
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•HR 5666 IH

1 (H) not waive or otherwise make inapplicable

2 any requirements of the License Limitation Program

3 applicable to such crab fisheries, in particular any

4 requirements in sections 679.4(k) and (l) of title 50,

5 Code of Federal Regulations;

6 (I) not waive or otherwise make inapplicable

7 any catcher vessel sideboards implemented under the

8 American Fisheries Act (AFA), except that the

9 North Pacific Fishery Management Council shall

10 recommend to the Secretary and to the State of

11 Alaska, not later than February 16, 2001, and the

12 Secretary and the State of Alaska shall implement

13 as appropriate, modifications to such sideboards to

14 the extent necessary to permit AFA catcher vessels

15 that remain in the crab fisheries to share propor16 tionately in any increase in crab harvest opportuni17 ties that accrue to all remaining AFA and non-AFA

18 catcher vessels if the fishing capacity reduction pro19 gram required by this section is implemented;

20 (J) establish sub-amounts and repayment fees

21 for each BSAI crab fishery prosecuted under a sepa22 rate endorsement for repayment of the reduction

23 loan, such that—

24 (i) a reduction loan sub-amount is estab25 lished for each separate BSAI crab fishery
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•HR 5666 IH

1 (other than Norton Sound red king crab or

2 Norton Sound blue king crab) by dividing the

3 total value of the crab landed in that fishery

4 under all reduction permits by the total value of

5 all crab landed under such permits in the BSAI

6 crab fisheries (determined using the same aver7 age prices and years used under subparagraph

8 (G)(i) of this paragraph), and multiplying the

9 reduction loan amount by the percentage ex10 pressed by such ratio; and

11 (ii) fish sellers who participate in the crab

12 fishery under each endorsement repay the re13 duction loan sub-amount attributable to that

14 fishery; and

15 (K) notwithstanding section 1111(b) of the

16 Merchant Marine Act, 1936 (46 U.S.C. App.

17 1279f(b)(4)), establish a repayment period for the

18 reduction loan of not less than 30 years.

19 (2)(A) Only persons to whom a non-interim

20 BSAI crab license and an area/species endorsement

21 have been issued (other than persons to whom only

22 a license and an area/species endorsement for Nor23 ton Sound red king crab or Norton Sound blue king

24 crab have been issued) for vessels that—
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•HR 5666 IH

1 (i) qualify under the License Limitation

2 Program criteria set forth in section 679.4 of

3 title 50, Code of Federal Regulations, and

4 (ii) have made at least one landing of

5 BSAI crab in either 1996, 1997, or prior to

6 February 7 in 1998, may submit a bid in the

7 fishing capacity reduction program established

8 by this section.

9 (B) After the date of enactment of this

10 section—

11 (i) no vessel 60 feet or greater in length

12 overall may participate in any BSAI crab fish13 ery (other than for Norton Sound red king crab

14 or Norton Sound blue king crab) unless such

15 vessel meets the requirements set forth in sub16 paragraphs (A)(i) and (A)(ii) of this paragraph;

17 and

18 (ii) no vessel between 33 and 60 feet in

19 length overall may participate in any BSAI crab

20 fishery (other than for Norton Sound red king

21 crab or Norton Sound blue king crab) unless

22 such vessel meets the requirements set forth in

23 subparagraph (A)(i) of this paragraph. Nothing

24 in this paragraph shall be construed to affect

25 the requirements for participation in the fish-
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•HR 5666 IH

1 eries for Norton Sound red king crab or Norton

2 Sound blue king crab. The Secretary may, on a

3 case by case basis and after notice and oppor4 tunity for public comment, waive the applica5 tion of subparagraph (A)(ii) of this paragraph

6 if the Secretary determines such waiver is nec7 essary to implement one of the specific exemp8 tions to the recent participation requirement

9 that were recommended by the North Pacific

10 Fishery Management Council in the record of

11 its October, 1998 meeting.

12 (3) The fishing capacity reduction program re13 quired under this subsection shall be implemented

14 under this subsection and sections 312(b)–(e) of the

15 Magnuson-Stevens Fishery Conservation and Man16 agement Act (16 U.S.C. 1861a(b)–(e)). Section 312

17 and the regulations found in Subpart L of Part 600

18 of title 50, Code of Federal Regulations, shall apply

19 only to the extent such section or regulations are not

20 inconsistent with or made inapplicable by the spe21 cific provisions of this subsection. Sections

22 600.1001, 600.1002, 600.1003, 600.1005,

23 600.1010(b), 600.1010(d)(1), 600.1011(d), the last

24 sentence of 600.1011(a), and the last sentence of

25 600.1014(f ) of such Subpart shall not apply to the
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1 program implemented under this subsection. The

2 program shall be deemed accepted under section

3 600.1004, and any time period specified in Subpart

4 L that would prevent the Secretary from complying

5 with the May 1, 2001 date required by this sub6 section shall be modified as appropriate to permit

7 compliance with that date. The referendum required

8 for the program under this subsection shall be a

9 post-bidding referendum under section 600.1010 of

10 title 50, Code of Federal Regulations.

11 (4)(A) The fishing capacity reduction program

12 required under this subsection is authorized to be fi13 nanced in equal parts through a reduction loan of

14 $50,000,000 under sections 1111 and 1112 of title

15 XI of the Merchant Marine Act, 1936 (46 U.S.C.

16 App. 1279f and 1279g) and $50,000,000 which is

17 authorized to be appropriated for the purposes of

18 such program.

19 (B) Of the $1,000,000 appropriated in section

20 120 of division A of Public Law 105–277 for the

21 cost of a direct loan in the Bering Sea and Aleutian

22 Islands crab fisheries—

23 (i) $500,000 shall be for the cost of guar24 anteeing the reduction loan required under sub25 paragraph (A) of this paragraph in accordance
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1 with the requirements of the Federal Credit Re2 form Act; and

3 (ii) $500,000 shall be available to the Sec4 retary to pay for the cost of implementing the

5 fishing capacity reduction program required by

6 this subsection.

7 (C) The funds described in this subsection shall

8 remain available, without fiscal year limitation, until

9 expended. Any funds not used for the fishing capac10 ity reduction program required by this subsection,

11 whether due to a rejection by referendum or other12 wise, shall be available on or after October 15, 2002,

13 without fiscal year limitation, for assistance to fish14 ermen or fishing communities.

15 (5)(A) The Secretary of Transportation shall,

16 upon notification and request by the Secretary, for

17 each vessel identified in such notification and

18 request—

19 (i) permanently revoke any fishery en20 dorsement issued to such vessel under section

21 12108 of title 46, United States Code; and

22 (ii) refuse to grant the approval required

23 under section 9(c)(2) of the Shipping Act, 1916

24 (46 U.S.C. App. 808(c)(2)) for the placement

25 of such vessel under foreign registry or the op-
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•HR 5666 IH

1 eration of such vessel under the authority of a

2 foreign country.

3 (B) The Secretary shall, after notice and oppor4 tunity for public comment, adopt final regulations

5 not later than May 1, 2001, to prohibit any vessel

6 for which a reduction permit is surrendered and re7 voked under the fishing capacity reduction program

8 required by this section from engaging in fishing ac9 tivities on the high seas or under the jurisdiction of

10 any foreign country while operating under the

11 United States flag.

12 (6) The purpose of this subsection is to imple13 ment a fishing capacity reduction program for the

14 BSAI crab fisheries that results in final action to

15 permanently remove harvesting capacity from such

16 fisheries prior to December 31, 2001. In imple17 menting this subsection the Secretary is directed to

18 use, to the extent practicable, information collected

19 and maintained by the State of Alaska. Any require20 ments of the Paperwork Reduction Act, the Regu21 latory Flexibility Act, or any Executive order that

22 would, in the opinion of the Secretary, prevent the

23 Secretary from meeting the deadlines set forth in

24 this subsection shall not apply to the fishing capac25 ity reduction program or the promulgation of regula-
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•HR 5666 IH

1 tions to implement such program required by this

2 subsection. Nothing in this subsection shall be con3 strued to prohibit the North Pacific Fishery Man4 agement Council from recommending, or the Sec5 retary from approving, changes to any Fishery Man6 agement Plan, License Limitation Program, or

7 American Fisheries Act provisions affecting catcher

8 vessel sideboards in accordance with applicable law:

9 Provided, That except as specifically provided in this

10 subsection, such Council may not recommend, and

11 the Secretary may not approve, any action that

12 would have the effect of increasing the number of

13 vessels eligible to participate in the BSAI crab fish14 eries after March 1, 2001.

15 (e)(1) This subsection may be referred to as the

16 ‘‘Pribilof Islands Transition Act’’.

17 (2) The purpose of this subsection is to complete the

18 orderly withdrawal of the National Oceanic and Atmos19 pheric Administration from the civil administration of the

20 Pribilof Islands, Alaska.

21 (3) Public Law 89–702 (16 U.S.C. 1151 et seq.),

22 popularly known and referred to in this subsection as the

23 Fur Seal Act of 1966, is amended by amending section

24 206 (16 U.S.C. 1166) to read as follows:
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1 ‘‘SEC. 206. (a)(1) Subject to the availability of appro2 priations, the Secretary shall provide financial assistance

3 to any city government, village corporation, or tribal coun4 cil of St. George, Alaska, or St. Paul, Alaska.

5 ‘‘(2) Notwithstanding any other provision of law re6 lating to matching funds, funds provided by the Secretary

7 as assistance under this subsection may be used by the

8 entity as non-Federal matching funds under any Federal

9 program that requires such matching funds.

10 ‘‘(3) The Secretary may not use financial assistance

11 authorized by this Act—

12 ‘‘(A) to settle any debt owed to the United

13 States;

14 ‘‘(B) for administrative or overhead expenses;

15 or

16 ‘‘(C) for contributions sought or required from

17 any person for costs or fees to clean up any matter

18 that was caused or contributed to by such person on

19 or after March 15, 2000.

20 ‘‘(4) In providing assistance under this subsection the

21 Secretary shall transfer any funds appropriated to carry

22 out this section to the Secretary of the Interior, who shall

23 obligate such funds through instruments and procedures

24 that are equivalent to the instruments and procedures re25 quired to be used by the Bureau of Indian Affairs pursu-
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•HR 5666 IH

1 ant to title IV of the Indian Self-Determination and Edu2 cation Assistance Act (25 U.S.C. 450 et seq.).

3 ‘‘(5) In any fiscal year for which less than all of the

4 funds authorized under subsection (c)(1) are appropriated,

5 such funds shall be distributed under this subsection on

6 a pro rata basis among the entities referred to in sub7 section (c)(1) in the same proportions in which amounts

8 are authorized by that subsection for grants to those enti9 ties.

10 ‘‘(b)(1) Subject to the availability of appropriations,

11 the Secretary shall provide assistance to the State of Alas12 ka for designing, locating, constructing, redeveloping, per13 mitting, or certifying solid waste management facilities on

14 the Pribilof Islands to be operated under permits issued

15 to the City of St. George and the City of St. Paul, Alaska,

16 by the State of Alaska under section 46.03.100 of the

17 Alaska Statutes.

18 ‘‘(2) The Secretary shall transfer any appropriations

19 received under paragraph (1) to the State of Alaska for

20 the benefit of rural and Native villages in Alaska for obli21 gation under section 303 of Public Law 104–182, except

22 that subsection (b) of that section shall not apply to those

23 funds.

24 ‘‘(3) In order to be eligible to receive financial assist25 ance under this subsection, not later than 180 days after
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1 the date of enactment of this paragraph, each of the Cities

2 of St. Paul and St. George shall enter into a written agree3 ment with the State of Alaska under which such City shall

4 identify by its legal boundaries the tract or tracts of land

5 that such City has selected as the site for its solid waste

6 management facility and any supporting infrastructure.

7 ‘‘(c) There are authorized to be appropriated to the

8 Secretary for fiscal years 2001, 2002, 2003, 2004, and

9 2005—

10 ‘‘(1) for assistance under subsection (a) a total

11 not to exceed—

12 ‘‘(A) $9,000,000, for grants to the City of

13 St. Paul;

14 ‘‘(B) $6,300,000, for grants to the

15 Tanadgusix Corporation;

16 ‘‘(C) $1,500,000, for grants to the St.

17 Paul Tribal Council;

18 ‘‘(D) $6,000,000, for grants to the City of

19 St. George;

20 ‘‘(E) $4,200,000, for grants to the St.

21 George Tanaq Corporation; and

22 ‘‘(F) $1,000,000, for grants to the St.

23 George Tribal Council; and
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1 ‘‘(2) for assistance under subsection (b), for fis2 cal years 2001, 2002, 2003, 2004, and 2005 a total

3 not to exceed—

4 ‘‘(A) $6,500,000 for the City of St. Paul;

5 and

6 ‘‘(B) $3,500,000 for the City of St.

7 George.

8 ‘‘(d) None of the funds authorized by this section

9 may be available for any activity a purpose of which is

10 to influence legislation pending before the Congress, ex11 cept that this subsection shall not prevent officers or em12 ployees of the United States or of its departments, agen13 cies, or commissions from communicating to Members of

14 Congress, through proper channels, requests for legisla15 tion or appropriations that they consider necessary for the

16 efficient conduct of public business.

17 ‘‘(e) Neither the United States nor any of its agen18 cies, officers, or employees shall have any liability under

19 this Act or any other law associated with or resulting from

20 the designing, locating, contracting for, redeveloping, per21 mitting, certifying, operating, or maintaining any solid

22 waste management facility on the Pribilof Islands as a

23 consequence of—

24 ‘‘(1) having provided assistance to the State of

25 Alaska under subsection (b); or
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1 ‘‘(2) providing funds for, or planning, con2 structing, or operating, any interim solid waste man3 agement facilities that may be required by the State

4 of Alaska before permanent solid waste management

5 facilities constructed with assistance provided under

6 subsection (b) are complete and operational.

7 ‘‘(f ) Each entity which receives assistance authorized

8 under subsection (c) shall submit an audited statement

9 listing the expenditure of that assistance to the Committee

10 on Appropriations and the Committee on Resources of the

11 House of Representatives and the Committee on Appro12 priations and the Committee on Commerce, Science, and

13 Transportation of the Senate, on the last day of fiscal

14 years 2002, 2004, and 2006.

15 ‘‘(g) Amounts authorized under subsection (c) are in16 tended by Congress to be provided in addition to the base

17 funding appropriated to the National Oceanic and Atmos18 pheric Administration in fiscal year 2000.’’.

19 (4) Section 205 of the Fur Seal Act of 1966 (16

20 U.S.C. 1165) is amended—

21 (A) by amending subsection (c) to read as fol22 lows:

23 ‘‘(c) Not later than 3 months after the date of the

24 enactment of the Pribilof Islands Transition Act, the Sec25 retary shall submit to the Committee on Commerce,
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1 Science, and Transportation of the Senate and the Com2 mittee on Resources of the House of Representatives a re3 port that includes—

4 ‘‘(1) a description of all property specified in

5 the document referred to in subsection (a) that has

6 been conveyed under that subsection;

7 ‘‘(2) a description of all Federal property speci8 fied in the document referred to in subsection (a)

9 that is going to be conveyed under that subsection;

10 and

11 ‘‘(3) an identification of all Federal property on

12 the Pribilof Islands that will be retained by the Fed13 eral Government to meet its responsibilities under

14 this Act, the Convention, and any other applicable

15 law.’’; and

16 (B) by striking subsection (g).

17 (5)(A)(i) The Secretary of Commerce shall not be

18 considered to have any obligation to promote or otherwise

19 provide for the development of any form of an economy

20 not dependent on sealing on the Pribilof Islands, Alaska,

21 including any obligation under section 206 of the Fur Seal

22 Act of 1966 (16 U.S.C. 1166) or section 3(c)(1)(A) of

23 Public Law 104–91 (16 U.S.C. 1165 note).

24 (ii) This subparagraph shall not affect any cause of

25 action under section 206 of the Fur Seal Act of 1966 (16
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1 U.S.C. 1166) or section 3(c)(1)(A) of Public Law 104–

2 91 (16 U.S.C. 1165 note)—

3 (I) that arose before the date of the enactment

4 of this title; and

5 (II) for which a judicial action is filed before

6 the expiration of the 5-year period beginning on the

7 date of the enactment of this title.

8 (iii) Nothing in this subsection shall be construed to

9 imply that—

10 (I) any obligation to promote or otherwise pro11 vide for the development in the Pribilof Islands of

12 any form of an economy not dependent on sealing

13 was or was not established by section 206 of the Fur

14 Seal Act of 1966 (16 U.S.C. 1166), section

15 3(c)(1)(A) of Public Law 104–91 (16 U.S.C. 1165

16 note), or any other provision of law; or

17 (II) any cause of action could or could not arise

18 with respect to such an obligation.

19 (iv) Section 3(c)(1) of Public Law 104–91 (16 U.S.C.

20 1165 note) is amended by striking subparagraph (A) and

21 redesignating subparagraphs (B) through (D) in order as

22 subparagraphs (A) through (C).

23 (B)(i) Subject to paragraph (5)(B)(ii), there are ter24 minated all obligations of the Secretary of Commerce and

25 the United States to—
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1 (I) convey property under section 205 of the

2 Fur Seal Act of 1966 (16 U.S.C. 1165); and

3 (II) carry out cleanup activities, including as4 sessment, response, remediation, and monitoring, ex5 cept for postremedial measures such as monitoring

6 and operation and maintenance activities related to

7 National Oceanic and Atmospheric Administration

8 administration of the Pribilof Islands, Alaska, under

9 section 3 of Public Law 104–91 (16 U.S.C. 1165

10 note) and the Pribilof Islands Environmental Res11 toration Agreement between the National Oceanic

12 and Atmospheric Administration and the State of

13 Alaska, signed January 26, 1996.

14 (ii) Paragraph (5)(B)(i) shall apply on and after the

15 date on which the Secretary of Commerce certifies that—

16 (I) the State of Alaska has provided written

17 confirmation that no further corrective action is re18 quired at the sites and operable units covered by the

19 Pribilof Islands Environmental Restoration Agree20 ment between the National Oceanic and Atmospheric

21 Administration and the State of Alaska, signed Jan22 uary 26, 1996, with the exception of postremedial

23 measures, such as monitoring and operation and

24 maintenance activities;
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1 (II) the cleanup required under section 3(a) of

2 Public Law 104–91 (16 U.S.C. 1165 note) is com3 plete;

4 (III) the properties specified in the document

5 referred to in subsection (a) of section 205 of the

6 Fur Seal Act of 1966 (16 U.S.C. 1165(a)) can be

7 unconditionally offered for conveyance under that

8 section; and

9 (IV) all amounts appropriated under section

10 206(c)(1) of the Fur Seal Act of 1966, as amended

11 by this title, have been obligated.

12 (iii)(I) On and after the date on which section 3(b)(5)

13 of Public Law 104–91 (16 U.S.C. 1165 note) is repealed

14 pursuant to subparagraph (C), the Secretary of Commerce

15 may not seek or require financial contribution by or from

16 any local governmental entity of the Pribilof Islands, any

17 official of such an entity, or the owner of land on the

18 Pribilof Islands, for cleanup costs incurred pursuant to

19 section 3(a) of Public Law 104–91 (as in effect before

20 such repeal), except as provided in subparagraph

21 (B)(iii)(II).

22 (II) Subparagraph (B)(iii)(I) shall not limit the

23 authority of the Secretary of Commerce to seek or

24 require financial contribution from any person for

25 costs or fees to clean up any matter that was caused
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1 or contributed to by such person on or after March

2 15, 2000.

3 (iv) For purposes of paragraph (2)(C), the following

4 requirements shall not be considered to be conditions on

5 conveyance of property:

6 (I) Any requirement that a potential transferee

7 must allow the National Oceanic and Atmospheric

8 Administration continued access to the property to

9 conduct environmental monitoring following remedi10 ation activities.

11 (II) Any requirement that a potential transferee

12 must allow the National Oceanic and Atmospheric

13 Administration access to the property to continue

14 the operation, and eventual closure, of treatment fa15 cilities.

16 (III) Any requirement that a potential trans17 feree must comply with institutional controls to en18 sure that an environmental cleanup remains protec19 tive of human health or the environment that do not

20 unreasonably affect the use of the property.

21 (IV) Valid existing rights in the property, in22 cluding rights granted by contract, permit, right-of23 way, or easement.

24 (V) The terms of the documents described in

25 subparagraph (D)(ii).
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1 (C) Effective on the date on which the Secretary of

2 Commerce makes the certification described in subpara3 graph (b)(2), the following provisions are repealed:

4 (i) Section 205 of the Fur Seal Act of 1966 (16

5 U.S.C. 1165).

6 (ii) Section 3 of Public Law 104–91 (16 U.S.C.

7 1165 note).

8 (D)(i) Nothing in this subsection shall affect any obli9 gation of the Secretary of Commerce, or of any Federal

10 department or agency, under or with respect to any docu11 ment described in subparagraph (D)(ii) or with respect to

12 any lands subject to such a document.

13 (ii) The documents referred to in subparagraph

14 (D)(i) are the following:

15 (I) The Transfer of Property on the Pribilof Is16 lands: Description, Terms, and Conditions, dated

17 February 10, 1984, between the Secretary of Com18 merce and various Pribilof Island entities.

19 (II) The Settlement Agreement between

20 Tanadgusix Corporation and the City of St. Paul,

21 dated January 11, 1988, and approved by the Sec22 retary of Commerce on February 23, 1988.

23 (III) The Memorandum of Understanding be24 tween Tanadgusix Corporation, Tanaq Corporation,
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1 and the Secretary of Commerce, dated December 22,

2 1976.

3 (E)(i) Except as provided in subparagraph (E)(ii),

4 the definitions set forth in section 101 of the Fur Seal

5 Act of 1966 (16 U.S.C. 1151) shall apply to this para6 graph.

7 (ii) For purposes of this paragraph, the term ‘‘Na8 tives of the Pribilof Islands’’ includes the Tanadgusix Cor9 poration, the St. George Tanaq Corporation, and the city

10 governments and tribal councils of St. Paul and St.

11 George, Alaska.

12 (6)(A) Section 3 of Public Law 104–91 (16 U.S.C.

13 1165 note) and the Fur Seal Act of 1966 (16 U.S.C. 1151

14 et seq.) are amended by—

15 (i) striking ‘‘(d)’’ and all that follows through

16 the heading for subsection (d) of section 3 of Public

17 Law 104–91 and inserting ‘‘SEC. 212.’’; and

18 (ii) moving and redesignating such subsection

19 so as to appear as section 212 of the Fur Seal Act

20 of 1966.

21 (B) Section 201 of the Fur Seal Act of 1966 (16

22 U.S.C. 1161) is amended by striking ‘‘on such Islands’’

23 and insert ‘‘on such property’’.

24 (C) The Fur Seal Act of 1966 (16 U.S.C. 1151 et

25 seq.) is amended by inserting before title I the following:
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1 ‘‘SECTION 1. This Act may be cited as the ‘Fur Seal

2 Act of 1966’.’’.

3 (7) Section 3 of Public Law 104–91 (16 U.S.C. 1165

4 note) is amended—

5 (A) by striking subsection (f ) and inserting the

6 following:

7 ‘‘(f )(1) There are authorized to be appropriated

8 $10,000,000 for each of fiscal years 2001, 2002, 2003,

9 2004, and 2005 for the purposes of carrying out this sec10 tion.

11 ‘‘(2) None of the funds authorized by this subsection

12 may be expended for the purpose of cleaning up or remedi13 ating any landfills, wastes, dumps, debris, storage tanks,

14 property, hazardous or unsafe conditions, or contami15 nants, including petroleum products and their derivatives,

16 left by the Department of Defense or any of its compo17 nents on lands on the Pribilof Islands, Alaska.’’; and

18 (B) by adding at the end the following:

19 ‘‘(g)(1) Of amounts authorized under subsection (f )

20 for each of fiscal years 2001, 2002, 2003, 2004, and 2005,

21 the Secretary may provide to the State of Alaska up to

22 $2,000,000 per fiscal year to capitalize a revolving fund

23 to be used by the State for loans under this subsection.

24 ‘‘(2) The Secretary shall require that any revolving

25 fund established with amounts provided under this sub-
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1 section shall be used only to provide low-interest loans to

2 Natives of the Pribilof Islands to assess, respond to, reme3 diate, and monitor contamination from lead paint, asbes4 tos, and petroleum from underground storage tanks.

5 ‘‘(3) The definitions set forth in section 101 of the

6 Fur Seal Act of 1966 (16 U.S.C. 1151) shall apply to this

7 section, except that the term ‘Natives of the Pribilof Is8 lands’ includes the Tanadgusix and Tanaq Corporations.

9 ‘‘(4) Before the Secretary may provide any funds to

10 the State of Alaska under this section, the State of Alaska

11 and the Secretary must agree in writing that, on the last

12 day of fiscal year 2011, and of each fiscal year thereafter

13 until the full amount provided to the State of Alaska by

14 the Secretary under this section has been repaid to the

15 United States, the State of Alaska shall transfer to the

16 Treasury of the United States monies remaining in the

17 revolving fund, including principal and interest paid into

18 the revolving fund as repayment of loans.’’.

19 (f )(1) The President, after consultation with the

20 Governor of the State of Hawaii, may designate any

21 Northwestern Hawaiian Islands coral reef or coral reef

22 ecosystem as a coral reef reserve to be managed by the

23 Secretary of Commerce.

24 (2) Upon the designation of a reserve under para25 graph (1) by the President, the Secretary shall—
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1 (A) take action to initiate the designation of the

2 reserve as a National Marine Sanctuary under sec3 tions 303 and 304 of the National Marine Sanc4 tuaries Act (16 U.S.C. 1433);

5 (B) establish a Northwestern Hawaiian Islands

6 Reserve Advisory Council under section 315 of that

7 Act (16 U.S.C. 1445a), the membership of which

8 shall include at least one representative from Native

9 Hawaiian groups; and

10 (C) until the reserve is designated as a National

11 Marine Sanctuary, manage the reserve in a manner

12 consistent with the purposes and policies of that Act.

13 (3) Notwithstanding any other provision of law, no

14 closure areas around the Northwestern Hawaiian Islands

15 shall become permanent without adequate review and com16 ment.

17 (4) The Secretary shall work with other Federal

18 agencies and the Director of the National Science Founda19 tion, to develop a coordinated plan to make vessels and

20 other resources available for conservation or research ac21 tivities for the reserve.

22 (5) If the Secretary has not designated a national

23 marine sanctuary in the Northwestern Hawaiian Islands

24 under sections 303 and 304 of the National Marine Sanc25 tuaries Act (16 U.S.C. 1433, 1434) before October 1,
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1 2005, the Secretary shall conduct a review of the manage2 ment of the reserve under section 304(e) of that Act (16

3 U.S.C. 1434(e)).

4 (6) No later than 6 months after the date of enact5 ment of this Act, the Secretary shall submit a report to

6 the Senate Committee on Commerce, Science, and Trans7 portation and the House of Representatives Committee on

8 Resources, describing actions taken to implement this sub9 section, including costs of monitoring, enforcing, and ad10 dressing marine debris, and the extent to which the fiscal

11 or other resources necessary to carry out this subsection

12 are reflected in the Budget of the United States Govern13 ment submitted by the President under section 1104 of

14 title 31, United States Code.

15 (7) There are authorized to be appropriated to the

16 Secretary of Commerce to carry out the provisions of this

17 subsection such sums, not exceeding $4,000,000 for each

18 of fiscal years 2001, 2002, 2003, 2004, and 2005, as are

19 reported under paragraph (5) to be reflected in the Budget

20 of the United States Government.

21 (g) Section 111(b)(1) of the Sustainable Fisheries

22 Act (16 U.S.C. 1855 nt) is amended by striking the last

23 sentence and inserting, ‘‘There are authorized to be appro24 priated to carry out this subsection $500,000 for each fis25 cal year.’’.
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1 SEC. 145. (a) Section 4(b)(1) of the Department of

2 State Special Agents Retirement Act of 1998 (22 U.S.C.

3 4044 note; Public Law 105–382; 112 Stat. 3409) is

4 amended by inserting ‘‘or participant who was serving as

5 of January 1, 1997’’ after ‘‘employed participant’’.

6 (b) The amendment made by this section shall take

7 effect on January 1, 2001.

8 SEC. 146. (a) Congress makes the following findings:

(1) Total steel imports in 2000 will be over 21 9 ⁄2

10 times higher than in 1991, continuing the alarming

11 trend of sharply increasing steel imports over the

12 past decade.

13 (2) Unprecedented levels of steel imports flood14 ed the United States market in 1998 and 1999,

15 causing a crisis in which thousands of steelworkers

16 were laid off and six steel companies went bankrupt.

17 (3) The domestic steel industry still has not

18 had an opportunity to recover from the 1998–1999

19 steel import crisis, and steel imports are again caus20 ing serious injury to United States steel producers

21 and workers.

22 (4) Total steel imports through August 2000

23 are 17 percent higher than over the same period in

24 1999 and greater even than imports over the same

25 period in 1998, a record year.
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1 (5) Steel prices continue to be depressed, with

2 hot-rolled steel prices 12 percent lower in August

3 2000 than in the first quarter of 1998, and average

4 import customs values for all steel products more

5 than 15 percent lower over the same period.

6 (6) The United States Government must main7 tain and fully enforce all existing relief against for8 eign unfair trade.

9 (7) The United States steel industry is a clean,

10 highly efficient industry having modernized itself at

11 great human and financial cost, shedding over

12 330,000 jobs and investing more than

13 $50,000,000,000 over the last 20 years.

14 (8) Capacity utilization in the United States

15 steel industry has fallen sharply since the beginning

16 of the year and the market capitalization and debt

17 ratings of the major United States steel firms are at

18 precarious levels.

19 (9) The Department of Commerce recently doc20 umented the underlying market-distorting practices

21 and longstanding structural problems that plague

22 the global steel trade with excess capacity and cause

23 diversion of unfairly traded foreign steel to the

24 United States.
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1 (10) The President recognized that unfair trade

2 played a significant role in the devastating import

3 surge of steel and recognized the need to vigorously

4 enforce the trade laws.

5 (b) Congress calls upon the President—

6 (1) to take all appropriate action within his

7 power to provide relief from injury caused by steel

8 imports; and

9 (2) to immediately request the United States

10 International Trade Commission to commence an ex11 pedited investigation for positive adjustment under

12 section 201 of the Trade Act of 1974 of such steel

13 imports.

14 SEC. 147. Section 5(b)(1) of the Act of January 2,

15 1951 (15 U.S.C. 1175(b)(1); popularly known as the

16 ‘‘Johnson Act’’) is amended by inserting ‘‘for a voyage or

17 a segment of a voyage that begins and ends in the State

18 of Hawaii, or’’ after ‘‘Except’’.

19 SEC. 148. (a) Section 312(a)(7) of the Communica20 tions Act of 1934 (47 U.S.C. 312(a)(7)) is amended by

21 inserting ‘‘, other than a non-commercial educational

22 broadcast station,’’ after ‘‘use of a broadcasting station’’.

23 (b) The Federal Communications Commission shall

24 take no action against any non-commercial educational
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1 broadcast station which declines to carry a political adver2 tisement.

3 SEC. 149. The Small Business Innovation Research

4 program, otherwise expiring at the end of fiscal year 2000,

5 is authorized to continue in effect during fiscal year 2001.

6 SEC. 150. There is hereby appropriated for payment

7 to the Ricky Ray Hemophilia Relief Fund, as provided by

8 Public Law 105–369, $105,000,000, of which notwith9 standing any other provision of law $10,000,000 shall be

10 for program management of the Health Resources and

11 Services Administration, to remain available until ex12 pended.

13 SEC. 151. (a) There is hereby appropriated to a sepa14 rate account to be established in the Department of Labor

15 for expenses of administering the Energy Employees Oc16 cupational Illness Compensation Act, $60,400,000, to re17 main available until expended: Provided, That the Sec18 retary of Labor is authorized to transfer to any Executive

19 agency with authority under the Energy Employees Occu20 pational Illness Compensation Act, such sums as may be

21 necessary in FY 2001 to carry out those authorities.

22 (b) For purposes of the Balanced Budget and Emer23 gency Deficit Control Act of 1985, amounts appropriated

24 under subsection (a) shall be direct spending: Provided,
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1 That amounts appropriated annually thereafter for such

2 administrative expenses shall be direct spending.

3 SEC. 152. TREATMENT OF CERTAIN CANCER HOS4 PITALS. (a) IN GENERAL.—Section 1886(d)(1)(B)(v) of

5 the Social Security Act (42 U.S.C. 1395ww(d)(1)(B)(v))

6 is amended—

7 (1) in subclause (I) by striking ‘‘or’’ at the end;

8 (2) in subclause (II) by striking the semicolon

9 at the end and inserting ‘‘, or’’; and

10 (3) by adding at the end the following:

11 ‘‘(III) a hospital that was recognized as a clin12 ical cancer research center by the National Cancer

13 Institute of the National Institutes of Health as of

14 February 18, 1998, that has never been reimbursed

15 for inpatient hospital services pursuant to a reim16 bursement system under a demonstration project

17 under section 1814(b), that is a freestanding facility

18 organized primarily for treatment of and research on

19 cancer and is not a unit of another hospital, that as

20 of the date of the enactment of this subclause, is li21 censed for 162 acute care beds, and that dem22 onstrates for the 4-year period ending on June 30,

23 1999, that at least 50 percent of its total discharges

24 have a principal finding of neoplastic disease, as de25 fined in subparagraph (E);’’ and
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1 (b) CONFORMING AMENDMENT.—Section

2 1886(d)(1)(E) of the Social Security Act (42 U.S.C.

3 1395ww(d)(1)(E)) is amended by striking ‘‘For purposes

4 of subparagraph (B)(v)(II)’’ and inserting ‘‘For purposes

5 of subclauses (II) and (III) of subparagraph (B)(v)’’.

6 (c) PAYMENT.—

7 (1) APPLICATION TO COST REPORTING PERI8 ODS.—Any classification by reason of section

9 1886(d)(1)(B)(v)(III) of the Social Security Act (as

10 added by subsection (a)) shall apply to 12-month

11 cost reporting periods beginning on or after July 1,

12 1999.

13 (2) BASE YEAR.—Notwithstanding the provi14 sions of section 1886(b)(3)(E) of such Act (42

15 U.S.C. 1395ww(b)(3)(E)) or other provisions to the

16 contrary, the base cost reporting period for purposes

17 of determining the target amount for any hospital

18 classified by reason of section 1886(d)(1)(B)(v)(III)

19 of such Act (as added by subsection (a)) shall be the

20 12-month cost reporting period beginning on July 1,

21 1995.

22 (3) DEADLINE FOR PAYMENTS.—Any payments

23 owed to a hospital by reason of this subsection shall

24 be made expeditiously, but in no event later than 1

25 year after the date of the enactment of this Act.
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1 SEC. 153. (a) Section 4(2) of the Delta Development

2 Act (42 U.S.C. 3121 note; Public Law 100–460) is

3 amended—

4 (1) by inserting ‘‘Alabama,’’ before ‘‘Arkansas’’;

5 (2) in paragraph (G), by striking ‘‘and’’ at the

6 end;

7 (3) in paragraph (H)—

8 (A) by striking ‘‘and’’ before ‘‘such’’; and

9 (B) by inserting ‘‘and’’ after the semicolon

10 at the end; and

11 (4) by adding at the end the following:

12 ‘‘(I) the Alabama counties of Pickens,

13 Greene, Sumter, Choctaw, Clarke, Washington,

14 Marengo, Hale, Perry, Wilcox, Lowndes, Bul15 lock, Macon, Barbour, Russell, and Dallas;’’;

16 (b) At the end of section 382A of ‘‘The Delta Re17 gional Authority Act of 2000’’ as incorporated in this Act,

18 insert the following:

19 ‘‘(4) Notwithstanding any other provision of

20 law, the State of Alabama shall be a full member of

21 the Delta Regional Authority and shall be entitled to

22 all rights and privileges that said membership af23 fords to all other participating States in the Delta

24 Regional Authority.’’.
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1 SEC. 154. NORTHERN WISCONSIN.

2 (a) DEFINITION OF NORTHERN WISCONSIN.—In this

3 section, the term ‘‘northern Wisconsin’’ means the coun4 ties of Douglas, Ashland, Bayfield, and Iron, Wisconsin.

5 (b) ESTABLISHMENT OF PROGRAM.—The Secretary

6 of the Army may establish a pilot program to provide envi7 ronmental assistance to non-Federal interests in northern

8 Wisconsin.

9 (c) FORM OF ASSISTANCE.—Assistance under this

10 section may be in the form of design and reconstruction

11 assistance or water-related environmental infrastructure

12 and resource protection and development projects in

13 northern Wisconsin, including projects for wastewater

14 treatment and related facilities, water supply and related

15 facilities, environmental restoration, and surface water re16 source protection and development.

17 (d) PUBLIC OWNERSHIP REQUIREMENT.—The Sec18 retary may provide assistance for a project under this sec19 tion only if the project is publicly owned.

20 (e) LOCAL COOPERATION AGREEMENT.—

21 (1) IN GENERAL.—Before providing assistance

22 under this section, the Secretary shall enter into a

23 local cooperation agreement with a non-Federal in24 terest to provide for design and construction of the

25 project to be carried out with the assistance.
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1 (2) REQUIREMENTS.—Each local cooperation

2 agreement entered into under this subsection shall

3 provide for the following:

4 (A) PLAN.—Development by the Secretary,

5 in consultation with appropriate Federal and

6 State officials, of a facilities or restructure pro7 tection and development plan, including appro8 priate engineering plans and specifications.

9 (B) LEGAL AND INSTITUTIONAL STRUC10 TURES.—Establishment of such legal and insti11 tutional structures as are necessary to ensure

12 the effective long-term operation of the project

13 by the non-Federal interest.

14 (3) COST SHARING.—

15 (A) IN GENERAL.—The Federal share of

16 project costs under each local cooperation

17 agreement entered into under this subsection

18 shall be 75 percent. The Federal share may be

19 in the form of grants or reimbursements of

20 project costs.

21 (B) CREDIT FOR DESIGN WORK.—The

22 non-Federal interest shall receive credit for the

23 reasonable costs of design work completed by

24 the non-Federal interest before entering into a

25 local cooperation agreement with the Secretary
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1 for a project. The credit for the design work

2 shall not exceed 6 percent of the local construc3 tion costs of the project.

4 (C) CREDIT FOR INTEREST.—In case of a

5 delay in the funding of the non-Federal share

6 of the costs of a project that is the subject of

7 an agreement under this subsection, the non8 Federal interest shall receive credit for reason9 able interest incurred in providing the non-Fed10 eral share of the project’s costs.

11 (D) LAND, EASEMENTS, AND RIGHTS-OF12 WAY CREDIT.—The non-Federal interest shall

13 receive credit for land, easements, rights-of14 way, and reductions toward the non-Federal

15 share of project costs (including all reasonable

16 costs associated with obtaining permits nec17 essary for the construction, operation, and

18 maintenance of the project on publicly owned or

19 controlled land), but not to exceed 25 percent

20 of the total project costs.

21 (E) OPERATION AND MAINTENANCE.—The

22 non-Federal share of operation and mainte23 nance costs for projects constructed with assist24 ance provided under this section shall be 100

25 percent.
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1 (f ) APPLICABILITY OF OTHER FEDERAL AND STATE

2 LAWS.—Nothing in this section waives, limits, or other3 wise affects the applicability of any provision of Federal

4 or State law that would otherwise apply to a project to

5 be carried out with assistance provided under this section.

6 (g) REPORT.—Not later than December 31, 2001,

7 the Secretary shall transmit to Congress a report on the

8 results of the pilot program carried out under this section,

9 including recommendations concerning whether the pro10 gram should be implemented on a national basis.

11 (h) AUTHORIZATION OF APPROPRIATIONS.—There is

12 authorized to be appropriated to carry out this section

13 $40,000,000. Such sums shall remain available until ex14 pended.

15 TITLE II—VIETNAM EDUCATION FOUNDATION

16 ACT OF 2000

17 SEC. 201. SHORT TITLE.

18 This title may be cited as the ‘‘Vietnam Education

19 Foundation Act of 2000’’.

20 SEC. 202. PURPOSES.

21 The purposes of this title are the following:

22 (1) To establish an international fellowship pro23 gram under which—

24 (A) Vietnamese nationals can undertake

25 graduate and post-graduate level studies in the
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1 sciences (natural, physical, and environmental),

2 mathematics, medicine, and technology (includ3 ing information technology); and

4 (B) United States citizens can teach in the

5 fields specified in subparagraph (A) in appro6 priate Vietnamese institutions.

7 (2) To further the process of reconciliation be8 tween the United States and Vietnam and the build9 ing of a bilateral relationship serving the interests of

10 both countries.

11 SEC. 203. DEFINITIONS.

12 In this title:

13 (1) BOARD.—The term ‘‘Board’’ means the

14 Board of Directors of the Foundation.

15 (2) FOUNDATION.—The term ‘‘Foundation’’

16 means the Vietnam Education Foundation estab17 lished in section 204.

18 (3) INSTITUTION OF HIGHER EDUCATION.—The

19 term ‘‘institution of higher education’’ has the

20 meaning given the term in section 101(a) of the

21 Higher Education Act of 1965 (20 U.S.C. 1001(a)).

22 (4) UNITED STATES-VIETNAM DEBT AGREE23 MENT.—The term ‘‘United States-Vietnam debt

24 agreement’’ means the Agreement Between the Gov25 ernment of the United States of America and the
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1 Government of the Socialist Republic of Vietnam Re2 garding the Consolidation and Rescheduling of Cer3 tain Debts Owed to, Guaranteed by, or Insured by

4 the United States Government and the Agency for

5 International Development, dated April 7, 1997.

6 SEC. 204. ESTABLISHMENT.

7 There is established the Vietnam Education Founda8 tion as an independent establishment of the executive

9 branch under section 104 of title 5, United States Code.

10 SEC. 205. BOARD OF DIRECTORS.

11 (a) IN GENERAL.—The Foundation shall be subject

12 to the supervision and direction of the Board of Directors,

13 which shall consist of 13 members, as follows:

14 (1) Two members of the House of Representa15 tives appointed by the Speaker of the House of Rep16 resentatives, one of whom shall be appointed upon

17 the recommendation of the Majority Leader and one

18 of whom shall be appointed upon the recommenda19 tion of the Minority Leader, and who shall serve as

20 ex officio, nonvoting members.

21 (2) Two members of the Senate, appointed by

22 the President pro tempore, one of whom shall be ap23 pointed upon the recommendation of the Majority

24 Leader and one of whom shall be appointed upon
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1 the recommendation of the Minority Leader, and

2 who shall serve as ex officio, nonvoting members.

3 (3) Secretary of State.

4 (4) Secretary of Education.

5 (5) Secretary of Treasury.

6 (6) Six members to be appointed by the Presi7 dent from among individuals in the nongovernmental

8 sector who have academic excellence or experience in

9 the fields of concentration specified in section

10 202(1)(A) or a general knowledge of Vietnam, not

11 less than three of whom shall be drawn from aca12 demic life.

13 (b) ROTATION OF MEMBERSHIP.—(1) The term of

14 office of each member appointed under subsection (a)(6)

15 shall be 3 years, except that of the members initially ap16 pointed under that subsection, two shall serve for terms

17 of 1 year, two shall serve for terms of 2 years, and two

18 shall serve for terms of 3 years.

19 (2) A member of Congress appointed under sub20 section (a)(1) or (2) shall not serve as a member of the

21 Board for more than a total of 6 years.

22 (c) CHAIR.—The Board shall elect one of the mem23 bers appointed under subsection (a)(6) to serve as Chair.

24 (d) MEETINGS.—The Board shall meet upon the call

25 of the Chair but not less frequently than twice each year.
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1 A majority of the voting members of the Board shall con2 stitute a quorum.

3 (e) DUTIES.—The Board shall—

4 (1) select the individuals who will be eligible to

5 serve as Fellows; and

6 (2) provide overall supervision and direction of

7 the Foundation.

8 (f ) COMPENSATION.—

9 (1) IN GENERAL.—Except as provided in para10 graph (2), each member of the Board shall serve

11 without compensation, and members who are officers

12 or employees of the United States shall serve with13 out compensation in addition to that received for

14 their services as officers or employees of the United

15 States.

16 (2) TRAVEL EXPENSES.—The members of the

17 Board shall be allowed travel expenses, including per

18 diem in lieu of subsistence, at rates authorized for

19 employees of agencies under subchapter I of chapter

20 57 of title 5, United States Code, while away from

21 their homes or regular places of business in the per22 formance of service for the Board.

23 SEC. 206. FELLOWSHIP PROGRAM.

24 (a) AWARD OF FELLOWSHIPS.—
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1 (1) IN GENERAL.—To carry out the purposes of

2 this title, the Foundation shall award fellowships

3 to—

4 (A) Vietnamese nationals to study at insti5 tutions of higher education in the United States

6 at graduate and post-graduate levels in the fol7 lowing fields: physical sciences, natural sciences,

8 mathematics, environmental sciences, medicine,

9 technology, and computer sciences; and

10 (B) United States citizens to teach in Viet11 nam in appropriate Vietnamese institutions in

12 the fields of study described in subparagraph

13 (A).

14 (2) SPECIAL EMPHASIS ON SCIENTIFIC AND

15 TECHNICAL VOCABULARY IN ENGLISH.—Fellowships

16 awarded under paragraph (1) may include funding

17 for the study of scientific and technical vocabulary

18 in English.

19 (b) CRITERIA FOR SELECTION.—Fellowships under

20 this title shall be awarded to persons who meet the min21 imum criteria established by the Foundation, including the

22 following:

23 (1) VIETNAMESE NATIONALS.—Vietnamese can24 didates for fellowships shall have basic English pro25 ficiency and must have the ability to meet the cri-
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1 teria for admission into graduate or post-graduate

2 programs in United States institutions of higher

3 learning.

4 (2) UNITED STATES CITIZEN TEACHERS.—

5 American teaching candidates shall be highly com6 petent in their fields and be experienced and pro7 ficient teachers.

8 (c) IMPLEMENTATION.—The Foundation may pro9 vide, directly or by contract, for the conduct of nationwide

10 competition for the purpose of selecting recipients of fel11 lowships awarded under this section.

12 (d) AUTHORITY TO AWARD FELLOWSHIPS ON A

13 MATCHING BASIS.—The Foundation may require, as a

14 condition of the availability of funds for the award of a

15 fellowship under this title, that an institution of higher

16 education make available funds for such fellowship on a

17 matching basis.

18 (e) FELLOWSHIP CONDITIONS.—A person awarded a

19 fellowship under this title may receive payments author20 ized under this title only during such periods as the Foun21 dation finds that the person is maintaining satisfactory

22 proficiency and devoting full time to study or teaching,

23 as appropriate, and is not engaging in gainful employment

24 other than employment approved by the Foundation pur25 suant to regulations of the Board.
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1 (f ) FUNDING.—

2 (1) FISCAL YEAR 2001.—

3 (A) AUTHORIZATION OF APPROPRIA4 TIONS.—There are authorized to be appro5 priated to the Foundation $5,000,000 for fiscal

6 year 2001 to carry out the activities of the

7 Foundation.

8 (B) AVAILABILITY OF FUNDS.—Amounts

9 appropriated pursuant to subparagraph (A) are

10 authorized to remain available until expended.

11 (2) FISCAL YEAR 2002 AND SUBSEQUENT FIS12 CAL YEARS.—Effective October 1, 2001, the Foun13 dation shall utilize funds transferred to the Founda14 tion under section 207.

15 SEC. 207. VIETNAM DEBT REPAYMENT FUND.

16 (a) ESTABLISHMENT.—Notwithstanding any other

17 provision of law, there is established in the Treasury a

18 separate account which shall be known as the Vietnam

19 Debt Repayment Fund (in this subsection referred to as

20 the ‘‘Fund’’).

21 (b) DEPOSITS.—There shall be deposited as offset22 ting receipts into the Fund all payments (including inter23 est payments) made by the Socialist Republic of Vietnam

24 under the United States-Vietnam debt agreement.

25 (c) AVAILABILITY OF THE FUNDS.—
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1 (1) FISCAL YEAR LIMITATION.—Beginning with

2 fiscal year 2002, and each subsequent fiscal year

3 through fiscal year 2018, $5,000,000 of the amounts

4 deposited into the Fund (or accrued interest) each

5 fiscal year shall be available to the Foundation,

6 without fiscal year limitation, under paragraph (2).

7 (2) DISBURSEMENT OF FUNDS.—The Secretary

8 of the Treasury, at least on a quarterly basis, shall

9 transfer to the Foundation amounts allotted to the

10 Foundation under paragraph (1) for the purpose of

11 carrying out its activities.

12 (3) TRANSFER OF EXCESS FUNDS TO MIS13 CELLANEOUS RECEIPTS.—Beginning with fiscal year

14 2002, and each subsequent fiscal year through fiscal

15 year 2018, the Secretary of the Treasury shall with16 draw from the Fund and deposit in the Treasury of

17 the United States as miscellaneous receipts all mon18 eys in the Fund in excess of amounts made available

19 to the Foundation under paragraph (1).

20 (d) ANNUAL REPORT.—The Board shall prepare and

21 submit annually to Congress statements of financial condi22 tion of the Fund, including the beginning balance, re23 ceipts, refunds to appropriations, transfers to the general

24 fund, and the ending balance.
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1 SEC. 208. FOUNDATION PERSONNEL MATTERS.

2 (a) APPOINTMENT BY BOARD.—There shall be an

3 Executive Secretary of the Foundation who shall be ap4 pointed by the Board without regard to the provisions of

5 title 5, United States Code, or any regulation thereunder,

6 governing appointment in the competitive service. The Ex7 ecutive Director shall be the Chief Executive Officer of

8 the Foundation and shall carry out the functions of the

9 Foundation subject to the supervision and direction of the

10 Board. The Executive Director shall carry out such other

11 functions consistent with the provisions of this title as the

12 Board shall prescribe. The decision to employ or terminate

13 an Executive Director shall be made by an affirmative vote

14 of at least six of the nine voting members of the Board.

15 (b) PROFESSIONAL STAFF.—The Executive Director

16 shall hire Foundation staff on the basis of professional

17 and nonpartisan qualifications.

18 (c) EXPERTS AND CONSULTANTS.—The Executive

19 Director may procure temporary and intermittent services

20 of experts and consultants as are necessary to the extent

21 authorized by section 3109 of title 5, United States Code

22 to carry out the purposes of the Foundation.

23 (d) COMPENSATION.—The Board may fix the com24 pensation of the Executive Director and other personnel

25 without regard to the provisions of chapter 51 and sub26 chapter III of chapter 53 of title V, United States Code,
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1 relating to classification of positions and General Schedule

2 pay rates, except that the rate of pay for the Executive

3 Director and other personnel may not exceed the rate pay4 able for level V of the Executive Schedule under section

5 5316 of such title.

6 SEC. 209. ADMINISTRATIVE PROVISIONS.

7 (a) IN GENERAL.—In order to carry out this title,

8 the Foundation may—

9 (1) prescribe such regulations as it considers

10 necessary governing the manner in which its func11 tions shall be carried out;

12 (2) receive money and other property donated,

13 bequeathed, or devised, without condition or restric14 tion other than it be used for the purposes of the

15 Foundation, and to use, sell, or otherwise dispose of

16 such property for the purpose of carrying out its

17 functions;

18 (3) accept and use the services of voluntary and

19 noncompensated personnel;

20 (4) enter into contracts or other arrangements,

21 or make grants, to carry out the provisions of this

22 title, and enter into such contracts or other arrange23 ments, or make such grants, with the concurrence of

24 a majority of the members of the Board, without
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1 performance or other bonds and without regard to

2 section 3709 of the Revised Statutes (41 U.S.C. 5);

3 (5) rent office space in the District of Colum4 bia; and

5 (6) make other necessary expenditures.

6 (b) ANNUAL REPORT.—The Foundation shall submit

7 to the President and to the Committee on Foreign Rela8 tions of the Senate and the Committee on International

9 Relations of the House of Representatives an annual re10 port of its operations under this title.

11 SEC. 210. TERMINATION.

12 (a) IN GENERAL.—The Foundation may not award

13 any new fellowship, or extend any existing fellowship, after

14 September 30, 2016.

15 (b) ABOLISHMENT.—Effective 120 days after the ex16 piration of the last fellowship in effect under this title,

17 the Foundation is abolished.

18 TITLE III—COLORADO UTE SETTLEMENT ACT

19 AMENDMENTS OF 2000

20 SEC. 301. SHORT TITLE; FINDINGS; DEFINITIONS.

21 (a) SHORT TITLE.—This title may be cited as the

22 ‘‘Colorado Ute Settlement Act Amendments of 2000’’.

23 (b) FINDINGS.—Congress makes the following find24 ings:
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1 (1) In order to provide for a full and final set2 tlement of the claims of the Colorado Ute Indian

3 Tribes on the Animas and La Plata Rivers, the

4 Tribes, the State of Colorado, and certain of the

5 non-Indian parties to the Agreement have proposed

6 certain modifications to the Colorado Ute Indian

7 Water Rights Settlement Act of 1988 (Public Law

8 100–585; 102 Stat. 2973).

9 (2) The claims of the Colorado Ute Indian

10 Tribes on all rivers in Colorado other than the

11 Animas and La Plata Rivers have been settled in ac12 cordance with the provisions of the Colorado Ute In13 dian Water Rights Settlement Act of 1988 (Public

14 Law 100–585; 102 Stat. 2973).

15 (3) The Indian and non-Indian communities of

16 southwest Colorado and northwest New Mexico will

17 be benefited by a settlement of the tribal claims on

18 the Animas and La Plata Rivers that provides the

19 Tribes with a firm water supply without taking

20 water away from existing uses.

21 (4) The Agreement contemplated a specific

22 timetable for the delivery of irrigation and municipal

23 and industrial water and other benefits to the Tribes

24 from the Animas-La Plata Project, which timetable

25 has not been met. The provision of irrigation water
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1 can not presently be satisfied under the current im2 plementation of the Federal Water Pollution Control

3 Act (33 U.S.C. 1251 et seq.) and the Endangered

4 Species Act of 1973 (16 U.S.C. 1531 et seq.).

5 (5) In order to meet the requirements of the

6 Endangered Species Act of 1973 (16 U.S.C. 1531 et

7 seq.), and in particular the various biological opin8 ions issued by the Fish and Wildlife Service, the

9 amendments made by this title are needed to provide

10 for a significant reduction in the facilities and water

11 supply contemplated under the Agreement.

12 (6) The substitute benefits provided to the

13 Tribes under the amendments made by this title, in14 cluding the waiver of capital costs and the provisions

15 of funds for natural resource enhancement, result in

16 a settlement that provides the Tribes with benefits

17 that are equivalent to those that the Tribes would

18 have received under the Colorado Ute Indian Water

19 Rights Settlement Act of 1988 (Public Law 100–

20 585; 102 Stat. 2973).

21 (7) The requirement that the Secretary of the

22 Interior comply with the National Environmental

23 Policy Act of 1969 (42 U.S.C. 4321 et seq.) and

24 other national environmental laws before imple25 menting the proposed settlement will ensure that the
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1 satisfaction of the tribal water rights is accomplished

2 in an environmentally responsible fashion.

3 (8) In considering the full range of alternatives

4 for satisfying the water rights claims of the South5 ern Ute Indian Tribe and Ute Mountain Ute Indian

6 Tribe, Congress has held numerous legislative hear7 ings and deliberations, and reviewed the considerable

8 record including the following documents:

9 (A) The Final EIS No. INT–FES–80–18,

10 dated July 1, 1980.

11 (B) The Draft Supplement to the FES No.

12 INT–DES–92–41, dated October 13, 1992.

13 (C) The Final Supplemental to the FES

14 No. 96–23, dated April 26, 1996;

15 (D) The Draft Supplemental EIS, dated

16 January 14, 2000.

17 (E) The Final Supplemental EIS, dated

18 July 2000.

19 (F) The Record of Decision for the Settle20 ment of the Colorado Ute Indian Waters, Sep21 tember 25, 2000.

22 (9) In the Record of Decision referred to in

23 paragraph (8)(F), the Secretary determined that the

24 preferred alternative could only proceed if Congress

25 amended the Colorado Ute Indian Water Rights Set-
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1 tlement Act of 1988 (Public Law 100–585; 102

2 Stat. 2973) so as to satisfy the Tribal water rights

3 claim through the construction of the features au4 thorized by this title. The amendments to the Colo5 rado Ute Indian Water Rights Settlement Act of

6 1988 set forth in this title will provide the Ute

7 Tribes with substitute benefits equivalent to those

8 that the Tribes would have received under the Colo9 rado Ute Indian Water Rights Settlement Act of

10 1988, in a manner consistent with paragraph (8)

11 and the Federal Government’s trust obligation.

12 (10) Based upon paragraph (8), it is the intent

13 of Congress to enact legislation that implements the

14 Record of Decision referred to in paragraph (8)(F).

15 (c) DEFINITIONS.—In this title:

16 (1) AGREEMENT.—The term ‘‘Agreement’’ has

17 the meaning given that term in section 3(1) of the

18 Colorado Ute Indian Water Rights Settlement Act

19 of 1988 (Public Law 100–585; 102 Stat. 2973).

20 (2) ANIMAS-LA PLATA PROJECT.—The term

21 ‘‘Animas-La Plata Project’’ has the meaning given

22 that term in section 3(2) of the Colorado Ute Indian

23 Water Rights Settlement Act of 1988 (Public Law

24 100–585; 102 Stat. 2973).
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1 (3) DOLORES PROJECT.—The term ‘‘Dolores

2 Project’’ has the meaning given that term in section

3 3(3) of the Colorado Ute Indian Water Rights Set4 tlement Act of 1988 (Public Law 100–585; 102

5 Stat. 2974).

6 (4) TRIBE; TRIBES.—The term ‘‘Tribe’’ or

7 ‘‘Tribes’’ has the meaning given that term in section

8 3(6) of the Colorado Ute Indian Water Rights Set9 tlement Act of 1988 (Public Law 100–585; 102

10 Stat. 2974).

11 SEC. 302. AMENDMENTS TO SECTION 6 OF THE COLORADO

12 UTE INDIAN WATER RIGHTS SETTLEMENT

13 ACT OF 1988.

14 Subsection (a) of section 6 of the Colorado Ute In15 dian Water Rights Settlement Act of 1988 (Public Law

16 100–585; 102 Stat. 2975) is amended to read as follows:

17 ‘‘(a) RESERVOIR; MUNICIPAL AND INDUSTRIAL

18 WATER.—

19 ‘‘(1) FACILITIES.—

20 ‘‘(A) IN GENERAL.—After the date of en21 actment of this subsection, but prior to January

22 1, 2005, or the date established in the Amended

23 Final Decree described in section 18(c), the

24 Secretary, in order to settle the outstanding

25 claims of the Tribes on the Animas and La
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1 Plata Rivers, acting through the Bureau of

2 Reclamation, is specifically authorized to—

3 ‘‘(i) complete construction of, and op4 erate and maintain, a reservoir, a pumping

5 plant, a reservoir inlet conduit, and appur6 tenant facilities with sufficient capacity to

7 divert and store water from the Animas

8 River to provide for an average annual de9 pletion of 57,100 acre-feet of water to be

10 used for a municipal and industrial water

11 supply, which facilities shall—

12 ‘‘(I) be designed and operated in

13 accordance with the hydrologic regime

14 necessary for the recovery of the en15 dangered fish of the San Juan River

16 as determined by the San Juan River

17 Recovery Implementation Program;

18 ‘‘(II) be operated in accordance

19 with the Animas-La Plata Project

20 Compact as approved by Congress in

21 Public Law 90–537;

22 ‘‘(III) include an inactive pool of

23 an appropriate size to be determined

24 by the Secretary following the comple-
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1 tion of required environmental compli2 ance activities; and

3 ‘‘(IV) include those recreation fa4 cilities determined to be appropriate

5 by agreement between the State of

6 Colorado and the Secretary that shall

7 address the payment of any of the

8 costs of such facilities by the State of

9 Colorado in addition to the costs de10 scribed in paragraph (3); and

11 ‘‘(ii) deliver, through the use of the

12 project components referred to in clause

13 (i), municipal and industrial water

14 allocations—

15 ‘‘(I) with an average annual de16 pletion not to exceed 16,525 acre-feet

17 of water, to the Southern Ute Indian

18 Tribe for its present and future needs;

19 ‘‘(II) with an average annual de20 pletion not to exceed 16,525 acre-feet

21 of water, to the Ute Mountain Ute In22 dian Tribe for its present and future

23 needs;

24 ‘‘(III) with an average annual de25 pletion not to exceed 2,340 acre-feet
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1 of water, to the Navajo Nation for its

2 present and future needs;

3 ‘‘(IV) with an average annual de4 pletion not to exceed 10,400 acre-feet

5 of water, to the San Juan Water

6 Commission for its present and future

7 needs;

8 ‘‘(V) with an average annual de9 pletion of an amount not to exceed

10 2,600 acre-feet of water, to the

11 Animas-La Plata Conservancy Dis12 trict for its present and future needs;

13 ‘‘(VI) with an average annual de14 pletion of an amount not to exceed

15 5,230 acre-feet of water, to the State

16 of Colorado for its present and future

17 needs; and

18 ‘‘(VII) with an average annual

19 depletion of an amount not to exceed

20 780 acre-feet of water, to the La

21 Plata Conservancy District of New

22 Mexico for its present and future

23 needs.

24 ‘‘(B) APPLICABILITY OF OTHER FEDERAL

25 LAW.—The responsibilities of the Secretary de-
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1 scribed in subparagraph (A) are subject to the

2 requirements of Federal laws related to the pro3 tection of the environment and otherwise appli4 cable to the construction of the proposed facili5 ties, including the National Environmental Pol6 icy Act of 1969 (42 U.S.C. 4321 et seq.), the

7 Clean Water Act (42 U.S.C. 7401 et seq.), and

8 the Endangered Species Act of 1973 (16 U.S.C.

9 1531 et seq.). Nothing in this Act shall be con10 strued to predetermine or otherwise affect the

11 outcome of any analysis conducted by the Sec12 retary or any other Federal official under appli13 cable laws.

14 ‘‘(C) LIMITATION.—

15 ‘‘(i) IN GENERAL.—If constructed, the

16 facilities described in subparagraph (A)

17 shall constitute the Animas-La Plata

18 Project. Construction of any other project

19 features authorized by Public Law 90–537

20 shall not be commenced without further ex21 press authorization from Congress.

22 ‘‘(ii) CONTINGENCY IN APPLICA23 TION.—If the facilities described in sub24 paragraph (A) are not constructed and op25 erated, clause (i) shall not take effect.
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1 ‘‘(2) TRIBAL CONSTRUCTION COSTS.—Construc2 tion costs allocable to the facilities that are required

3 to deliver the municipal and industrial water alloca4 tions described in subclauses (I), (II) and (III) of

5 paragraph (1)(A)(ii) shall be nonreimbursable to the

6 United States.

7 ‘‘(3) NONTRIBAL WATER CAPITAL OBLIGA8 TIONS.—

9 ‘‘(A) IN GENERAL.—Under the provisions

10 of section 9 of the Act of August 4, 1939 (43

11 U.S.C. 485h), the nontribal municipal and in12 dustrial water capital repayment obligations for

13 the facilities described in paragraph (1)(A)(i)

14 may be satisfied upon the payment in full of the

15 nontribal water capital obligations prior to the

16 initiation of construction. The amount of the

17 obligations described in the preceding sentence

18 shall be determined by agreement between the

19 Secretary of the Interior and the entity respon20 sible for such repayment as to the appropriate

21 reimbursable share of the construction costs al22 located to that entity’s municipal water storage.

23 Such repayment shall be consistent with Fed24 eral reclamation law, including the Colorado

25 River Storage Project Act of 1956 (43 U.S.C.
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1 620 et seq.). Such agreement shall take into ac2 count the fact that the construction of certain

3 project facilities, including those facilities re4 quired to provide irrigation water supplies from

5 the Animas-La Plata Project, is not authorized

6 under paragraph (1)(A)(i) and no costs associ7 ated with the design or development of such fa8 cilities, including costs associated with environ9 mental compliance, shall be allocable to the mu10 nicipal and industrial users of the facilities au11 thorized under such paragraph.

12 ‘‘(B) NONTRIBAL REPAYMENT OBLIGATION

13 SUBJECT TO FINAL COST ALLOCATION.—The

14 nontribal repayment obligation set forth in sub15 paragraph (A) shall be subject to a final cost

16 allocation by the Secretary upon project comple17 tion. In the event that the final cost allocation

18 indicates that additional repayment is war19 ranted based on the applicable entity’s share of

20 project water storage and determination of

21 overall reimbursable cost, that entity may elect

22 to enter into a new agreement to make the ad23 ditional payment necessary to secure the full

24 water supply identified in paragraph (1)(A)(ii).

25 If the repayment entity elects not to enter into
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1 a new agreement, the portion of project storage

2 relinquished by such election shall be available

3 to the Secretary for allocation to other project

4 purposes. Additional repayment shall only be

5 warranted for reasonable and unforeseen costs

6 associated with project construction as deter7 mined by the Secretary in consultation with the

8 relevant repayment entities.

9 ‘‘(C) REPORT.—Not later than April 1,

10 2001, the Secretary shall report to Congress on

11 the status of the cost-share agreements con12 templated in subparagraph (A). In the event

13 that no agreement is reached with either the

14 Animas-La Plata Conservancy District or the

15 State of Colorado for the water allocations set

16 forth in subclauses (V) and (VI) of paragraph

17 (1)(A)(ii), those allocations shall be reallocated

18 equally to the Colorado Ute Tribes.

19 ‘‘(4) TRIBAL WATER ALLOCATIONS.—

20 ‘‘(A) IN GENERAL.—With respect to mu21 nicipal and industrial water allocated to a Tribe

22 from the Animas-La Plata Project or the Dolo23 res Project, until that water is first used by a

24 Tribe or used pursuant to a water use contract

25 with the Tribe, the Secretary shall pay the an-
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1 nual operation, maintenance, and replacement

2 costs allocable to that municipal and industrial

3 water allocation of the Tribe.

4 ‘‘(B) TREATMENT OF COSTS.—A Tribe

5 shall not be required to reimburse the Secretary

6 for the payment of any cost referred to in sub7 paragraph (A).

8 ‘‘(5) REPAYMENT OF PRO RATA SHARE.—Upon

9 a Tribe’s first use of an increment of a municipal

10 and industrial water allocation described in para11 graph (4), or the Tribe’s first use of such water pur12 suant to the terms of a water use contract—

13 ‘‘(A) repayment of that increment’s pro

14 rata share of those allocable construction costs

15 for the Dolores Project shall be made by the

16 Tribe; and

17 ‘‘(B) the Tribe shall bear a pro rata share

18 of the allocable annual operation, maintenance,

19 and replacement costs of the increment as re20 ferred to in paragraph (4).’’.

21 SEC. 303. MISCELLANEOUS.

22 The Colorado Ute Indian Water Rights Settlement

23 Act of 1988 (Public Law 100–585; 102 Stat. 2973) is

24 amended by adding at the end the following:
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1 ‘‘SEC. 15. NEW MEXICO AND NAVAJO NATION WATER MAT2 TERS.

3 ‘‘(a) ASSIGNMENT OF WATER PERMIT.—Upon the

4 request of the State Engineer of the State of New Mexico,

5 the Secretary shall, as soon as practicable, in a manner

6 consistent with applicable law, assign, without consider7 ation, to the New Mexico Animas-La Plata Project bene8 ficiaries or to the New Mexico Interstate Stream Commis9 sion in accordance with the request of the State Engineer,

10 the Department of the Interior’s interest in New Mexico

11 State Engineer Permit Number 2883, dated May 1, 1956,

12 in order to fulfill the New Mexico non-Navajo purposes

13 of the Animas-La Plata Project, so long as the permit as14 signment does not affect the application of the Endan15 gered Species Act of 1973 (16 U.S.C. 1531 et seq.) to

16 the use of the water involved.

17 ‘‘(b) NAVAJO NATION MUNICIPAL PIPELINE.—The

18 Secretary is specifically authorized to construct a water

19 line to augment the existing system that conveys the mu20 nicipal water supplies, in an amount not less than 4,680

21 acre-feet per year, to the Navajo Indian Reservation at

22 or near Shiprock, New Mexico. The Secretary shall comply

23 with all applicable environmental laws with respect to such

24 water line. Construction costs allocated to the Navajo Na25 tion for such water line shall be nonreimbursable to the

26 United States.
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1 ‘‘(c) PROTECTION OF NAVAJO WATER CLAIMS.—

2 Nothing in this Act, including the permit assignment au3 thorized by subsection (a), shall be construed to quantify

4 or otherwise adversely affect the water rights and the

5 claims of entitlement to water of the Navajo Nation.

6 ‘‘SEC. 16. RESOURCE FUNDS.

7 ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—There

8 is authorized to be appropriated to carry out this section,

9 $8,000,000 for each of fiscal years 2002 through 2006.

10 Not later than 60 days after amounts are appropriated

11 and available to the Secretary for a fiscal year under this

12 paragraph, the Secretary shall make a payment to each

13 of the Tribal Resource Funds established under subsection

14 (b). Each such payment shall be equal to 50 percent of

15 the amount appropriated for the fiscal year involved.

16 ‘‘(b) FUNDS.—The Secretary shall establish a—

17 ‘‘(1) Southern Ute Tribal Resource Fund; and

18 ‘‘(2) Ute Mountain Ute Tribal Resource Fund.

19 ‘‘(c) TRIBAL DEVELOPMENT.—

20 ‘‘(1) INVESTMENT.—The Secretary shall, in the

21 absence of an approved tribal investment plan pro22 vided for under paragraph (2), invest the amount in

23 each Tribal Resource Fund established under sub24 section (b) in accordance with the Act entitled, ‘An

25 Act to authorize the deposit and investment of In-
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1 dian funds’ approved June 24, 1938 (25 U.S.C.

2 162a). With the exception of the funds referred to

3 in paragraph (3)(B)(i), the Secretary shall disburse,

4 at the request of a Tribe, the principal and income

5 in its Resource Fund, or any part thereof, in accord6 ance with a resource acquisition and enhancement

7 plan approved under paragraph (3).

8 ‘‘(2) INVESTMENT PLAN.—

9 ‘‘(A) IN GENERAL.—In lieu of the invest10 ment provided for in paragraph (1), a Tribe

11 may submit a tribal investment plan applicable

12 to all or part of the Tribe’s Tribal Resource

13 Fund, except with respect to the funds referred

14 to in paragraph (3)(B)(i).

15 ‘‘(B) APPROVAL.—Not later than 60 days

16 after the date on which an investment plan is

17 submitted under subparagraph (A), the Sec18 retary shall approve such investment plan if the

19 Secretary finds that the plan is reasonable and

20 sound. If the Secretary does not approve such

21 investment plan, the Secretary shall set forth in

22 writing and with particularity the reasons for

23 such disapproval. If such investment plan is ap24 proved by the Secretary, the Tribal Resource

25 Fund involved shall be disbursed to the Tribe to
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1 be invested by the Tribe in accordance with the

2 approved investment plan, subject to subsection

3 (d).

4 ‘‘(C) COMPLIANCE.—The Secretary may

5 take such steps as the Secretary determines to

6 be necessary to monitor the compliance of a

7 Tribe with an investment plan approved under

8 subparagraph (B). The United States shall not

9 be responsible for the review, approval, or audit

10 of any individual investment under the plan.

11 The United States shall not be directly or indi12 rectly liable with respect to any such invest13 ment, including any act or omission of the

14 Tribe in managing or investing such funds.

15 ‘‘(D) ECONOMIC DEVELOPMENT PLAN.—

16 The principal and income derived from tribal

17 investments under an investment plan approved

18 under subparagraph (B) shall be subject to the

19 provisions of this section and shall be expended

20 only in accordance with an economic develop21 ment plan approved under paragraph (3)(B).

22 ‘‘(3) ECONOMIC DEVELOPMENT PLAN.—

23 ‘‘(A) IN GENERAL.—Each Tribe shall sub24 mit to the Secretary a resource acquisition and
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1 enhancement plan for all or any portion of its

2 Tribal Resource Fund.

3 ‘‘(B) APPROVAL.—Not later than 60 days

4 after the date on which a plan is submitted

5 under subparagraph (A), the Secretary shall ap6 prove such plan if it is consistent with the fol7 lowing requirements:

8 ‘‘(i) With respect to at least three9 fourths of the funds appropriated pursuant

10 to this section and consistent with the

11 long-standing practice of the Tribes and

12 other local entities and communities to

13 work together to use their respective water

14 rights and resources for mutual benefit, at

15 least three-fourths of the funds appro16 priated pursuant to this section shall be

17 utilized to enhance, restore, and utilize the

18 Tribes’ natural resources in partnership

19 with adjacent non-Indian communities or

20 entities in the area.

21 ‘‘(ii) The plan must be reasonably re22 lated to the protection, acquisition, en23 hancement, or development of natural re24 sources for the benefit of the Tribe and its

25 members.
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1 ‘‘(iii) Notwithstanding any other pro2 vision of law and in order to ensure that

3 the Federal Government fulfills the objec4 tives of the Record of Decision referred to

5 in section 301(b)(8)(F) of the Colorado

6 Ute Settlement Act Amendments of 2000

7 by requiring that the funds referred to in

8 clause (i) are expended directly by employ9 ees of the Federal Government, the Sec10 retary acting through the Bureau of Rec11 lamation shall expend not less than one12 third of the funds referred to in clause (i)

13 for municipal or rural water development

14 and not less than two-thirds of the funds

15 referred to such clause for resource acqui16 sition and enhancement.

17 ‘‘(C) MODIFICATION.—Subject to the pro18 visions of this Act and the approval of the Sec19 retary, each Tribe may modify a plan approved

20 under subparagraph (B).

21 ‘‘(D) LIABILITY.—The United States shall

22 not be directly or indirectly liable for any claim

23 or cause of action arising from the approval of

24 a plan under this paragraph, or from the use
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1 and expenditure by the Tribe of the principal or

2 interest of the Funds.

3 ‘‘(d) LIMITATION ON PER CAPITA DISTRIBUTIONS.—

4 No part of the principal contained in the Tribal Resource

5 Fund, or of the income accruing to such funds, or the rev6 enue from any water use contract, shall be distributed to

7 any member of either Tribe on a per capita basis.

8 ‘‘(e) LIMITATION ON SETTING ASIDE FINAL CON9 SENT DECREE.—Neither the Tribes nor the United States

10 shall have the right to set aside the final consent decree

11 solely because the requirements of subsection (c) are not

12 complied with or implemented.

13 ‘‘(f ) LIMITATION ON DISBURSEMENT OF TRIBAL RE14 SOURCE FUNDS.—Any funds appropriated under this sec15 tion shall be placed into the Southern Ute Tribal Resource

16 Fund and the Ute Mountain Ute Tribal Resource Fund

17 in the Treasury of the United States but shall not be avail18 able for disbursement under this section until the final set19 tlement of the tribal claims as provided in section 18. The

20 Secretary of the Interior may, in the Secretary’s sole dis21 cretion, authorize the disbursement of funds prior to the

22 final settlement in the event that the Secretary determines

23 that substantial portions of the settlement have been com24 pleted. In the event that the funds are not disbursed under

25 the terms of this section by December 31, 2012, such
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1 funds shall be deposited in the general fund of the Treas2 ury.

3 ‘‘SEC. 17. COLORADO UTE SETTLEMENT FUND.

4 ‘‘(a) ESTABLISHMENT OF FUND.—There is hereby

5 established within the Treasury of the United States a

6 fund to be known as the ‘Colorado Ute Settlement Fund’.

7 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There

8 is authorized to be appropriated to the Colorado Ute Set9 tlement Fund such funds as are necessary to complete the

10 construction of the facilities described in sections

11 6(a)(1)(A) and 15(b) within 7 years of the date of enact12 ment of this section. Such funds are authorized to be ap13 propriated for each of the first 5 fiscal years beginning

14 with the first full fiscal year following the date of enact15 ment of this section.

16 ‘‘SEC. 18. FINAL SETTLEMENT.

17 ‘‘(a) IN GENERAL.—The construction of the facilities

18 described in section 6(a)(1)(A), the allocation of the water

19 supply from those facilities to the Tribes as described in

20 that section, and the provision of funds to the Tribes in

21 accordance with section 16 and the issuance of an amend22 ed final consent decree as contemplated in subsection (c)

23 shall constitute final settlement of the tribal claims to

24 water rights on the Animas and La Plata Rivers in the

25 State of Colorado.
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1 ‘‘(b) STATUTORY CONSTRUCTION.—Nothing in this

2 section shall be construed to affect the right of the Tribes

3 to water rights on the streams and rivers described in the

4 Agreement, other than the Animas and La Plata Rivers,

5 to receive the amounts of water dedicated to tribal use

6 under the Agreement, or to acquire water rights under the

7 laws of the State of Colorado.

8 ‘‘(c) ACTION BY THE ATTORNEY GENERAL.—The At9 torney General shall file with the District Court, Water

10 Division Number 7, of the State of Colorado, such instru11 ments as may be necessary to request the court to amend

12 the final consent decree to provide for the amendments

13 made to this Act under the Colorado Ute Indian Water

14 Rights Settlement Act Amendments of 2000. The amend15 ed final consent decree shall specify terms and conditions

16 to provide for an extension of the current January 1,

17 2005, deadline for the Tribes to commence litigation of

18 their reserved rights claims on the Animas and La Plata

19 Rivers.

20 ‘‘SEC. 19. STATUTORY CONSTRUCTION; TREATMENT OF

21 CERTAIN FUNDS.

22 ‘‘(a) IN GENERAL.—Nothing in the amendments

23 made by the Colorado Ute Settlement Act Amendments

24 of 2000 shall be construed to affect the applicability of

25 any provision of this Act.
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1 ‘‘(b) TREATMENT OF UNCOMMITTED PORTION OF

2 COST-SHARING OBLIGATION.—The uncommitted portion

3 of the cost-sharing obligation of the State of Colorado re4 ferred to in section 6(a)(3) shall be made available, upon

5 the request of the State of Colorado, to the State of Colo6 rado after the date on which payment is made of the

7 amount specified in that section.’’.

8 TITLE IV

9 SEC. 401. DESIGNATION OF AMERICAN MUSEUM OF

10 SCIENCE AND ENERGY.

11 (a) IN GENERAL.—The Museum—

12 (1) is designated as the ‘‘American Museum of

13 Science and Energy’’; and

14 (2) shall be the official museum of science and

15 energy of the United States.

16 (b) REFERENCES.—Any reference in a law, map, reg17 ulation, document, paper, or other record of the United

18 States to the Museum is deemed to be a reference to the

19 ‘‘American Museum of Science and Energy’’.

20 (c) PROPERTY OF THE UNITED STATES.—

21 (1) IN GENERAL.—The name ‘‘American Mu22 seum of Science and Energy’’ is declared the prop23 erty of the United States.

24 (2) USE.—The Museum shall have the sole

25 right throughout the United States and its posses-
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1 sions to have and use the name ‘‘American Museum

2 of Science and Energy’’.

3 (3) EFFECT ON OTHER RIGHTS.—This sub4 section shall not be construed to conflict or interfere

5 with established or vested rights.

6 SEC. 402. AUTHORITY.

7 To carry out the activities of the Museum, the Sec8 retary may—

9 (1) accept and dispose of any gift, devise, or be10 quest of services or property, real or personal, that

11 is—

12 (A) designated in a written document by

13 the person making the gift, devise, or bequest

14 as intended for the Museum; and

15 (B) determined by the Secretary to be suit16 able and beneficial for use by the Museum;

17 (2) operate a retail outlet on the premises of

18 the Museum for the purpose of selling or distrib19 uting items (including mementos, food, educational

20 materials, replicas, and literature) that are—

21 (A) relevant to the contents of the Mu22 seum; and

23 (B) informative, educational, and tasteful;

24 (3) collect reasonable fees where feasible and

25 appropriate;
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1 (4) exhibit, perform, display, and publish mate2 rials and information of or relating to the Museum

3 in any media or place;

4 (5) consistent with guidelines approved by the

5 Secretary, lease space on the premises of the Mu6 seum at reasonable rates and for uses consistent

7 with such guidelines; and

8 (6) use the proceeds of activities authorized

9 under this section to pay the costs of the Museum.

10 SEC. 403. MUSEUM VOLUNTEERS.

11 (a) AUTHORITY TO USE VOLUNTEERS.—The Sec12 retary may recruit, train, and accept the services of indi13 viduals or entities as volunteers for services or activities

14 related to the Museum.

15 (b) STATUS OF VOLUNTEERS.—

16 (1) IN GENERAL.—Except as provided in para17 graph (2), service by a volunteer under subsection

18 (a) shall not be considered Federal employment.

19 (2) EXCEPTIONS.—

20 (A) FEDERAL TORT CLAIMS ACT.—For

21 purposes of chapter 171 of title 28, United

22 States Code, a volunteer under subsection (a)

23 shall be treated as an employee of the Govern24 ment (as defined in section 2671 of that title).
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1 (B) COMPENSATION FOR WORK INJU2 RIES.—For purposes of subchapter I of chapter

3 81 of title 5, United States Code, a volunteer

4 described in subsection (a) shall be treated as

5 an employee (as defined in section 8101 of title

6 5, United States Code).

7 (c) COMPENSATION.—A volunteer under subsection

8 (a) shall serve without pay, but may receive nominal

9 awards and reimbursement for incidental expenses, includ10 ing expenses for a uniform or transportation in further11 ance of Museum activities.

12 SEC. 404. DEFINITIONS.

13 For purposes of this Act:

14 (1) MUSEUM.—The term ‘‘Museum’’ means the

15 museum operated by the Secretary of Energy and lo16 cated at 300 South Tulane Avenue in Oak Ridge,

17 Tennessee.

18 (2) SECRETARY.—The term ‘‘Secretary’’ means

19 the Secretary of Energy or a designated representa20 tive of the Secretary.

21 TITLE V—LOWER MISSISSIPPI

22 RIVER REGION

23 SEC. 501. SHORT TITLE.

24 This title may be cited as the ‘‘Delta Regional Au25 thority Act of 2000’’.
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1 SEC. 502. FINDINGS AND PURPOSES.

2 (a) FINDINGS.—Congress finds that—

3 (1) the lower Mississippi River region (referred

4 to in this title as the ‘‘region’’), though rich in nat5 ural and human resources, lags behind the rest of

6 the United States in economic growth and pros7 perity;

8 (2) the region suffers from a greater proportion

9 of measurable poverty and unemployment than any

10 other region of the United States;

11 (3) the greatest hope for economic growth and

12 revitalization in the region lies in the development of

13 transportation infrastructure, creation of jobs, ex14 pansion of businesses, and development of entrepre15 neurial local economies;

16 (4) the economic progress of the region requires

17 an adequate transportation and physical infrastruc18 ture, a skilled and trained workforce, and greater

19 opportunities for enterprise development and entre20 preneurship;

21 (5) a concerted and coordinated effort among

22 Federal, State, and local agencies, the private sector,

23 and nonprofit groups is needed if the region is to

24 achieve its full potential for economic development;

25 (6) economic development planning on a re26 gional or multicounty basis offers the best prospect
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1 for achieving the maximum benefit from public and

2 private investments; and

3 (7) improving the economy of the region re4 quires a special emphasis on areas of the region that

5 are most economically distressed.

6 (b) PURPOSES.—The purposes of this title are—

7 (1) to promote and encourage the economic de8 velopment of the region—

9 (A) to ensure that the communities and

10 people in the region have the opportunity for

11 economic development; and

12 (B) to ensure that the economy of the re13 gion reaches economic parity with that of the

14 rest of the United States;

15 (2) to establish a formal framework for joint

16 Federal-State collaboration in meeting and focusing

17 national attention on the economic development

18 needs of the region;

19 (3) to assist the region in obtaining the trans20 portation and basic infrastructure, skills training,

21 and opportunities for economic development that are

22 essential for strong local economies;

23 (4) to foster coordination among all levels of

24 government, the private sector, and nonprofit groups
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1 in crafting common regional strategies that will lead

2 to broader economic growth;

3 (5) to strengthen efforts that emphasize re4 gional approaches to economic development and

5 planning;

6 (6) to encourage the participation of interested

7 citizens, public officials, agencies, and others in de8 veloping and implementing local and regional plans

9 for broad-based economic and community develop10 ment; and

11 (7) to focus special attention on areas of the re12 gion that suffer from the greatest economic distress.

13 SEC. 503. DELTA REGIONAL AUTHORITY.

14 The Consolidated Farm and Rural Development Act

15 (7 U.S.C. 1921 et seq.) is amended by adding at the end

16 the following:

17 ‘‘Subtitle F—Delta Regional Authority

18 ‘‘SEC. 382A. DEFINITIONS.

19 ‘‘In this subtitle:

20 ‘‘(1) AUTHORITY.—The term ‘Authority’ means

21 the Delta Regional Authority established by section

22 382B.

23 ‘‘(2) REGION.—The term ‘region’ means the

24 Lower Mississippi (as defined in section 4 of the
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1 Delta Development Act (42 U.S.C. 3121 note; Pub2 lic Law 100–460)).

3 ‘‘(3) FEDERAL GRANT PROGRAM.—The term

4 ‘Federal grant program’ means a Federal grant pro5 gram to provide assistance in—

6 ‘‘(A) acquiring or developing land;

7 ‘‘(B) constructing or equipping a highway,

8 road, bridge, or facility; or

9 ‘‘(C) carrying out other economic develop10 ment activities.

11 ‘‘SEC. 382B. DELTA REGIONAL AUTHORITY.

12 ‘‘(a) ESTABLISHMENT.—

13 ‘‘(1) IN GENERAL.—There is established the

14 Delta Regional Authority.

15 ‘‘(2) COMPOSITION.—The Authority shall be

16 composed of—

17 ‘‘(A) a Federal member, to be appointed

18 by the President, with the advice and consent

19 of the Senate; and

20 ‘‘(B) the Governor (or a designee of the

21 Governor) of each State in the region that

22 elects to participate in the Authority.

23 ‘‘(3) COCHAIRPERSONS.—The Authority shall

24 be headed by—
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1 ‘‘(A) the Federal member, who shall

2 serve—

3 ‘‘(i) as the Federal cochairperson; and

4 ‘‘(ii) as a liaison between the Federal

5 Government and the Authority; and

6 ‘‘(B) a State cochairperson, who—

7 ‘‘(i) shall be a Governor of a partici8 pating State in the region; and

9 ‘‘(ii) shall be elected by the State

10 members for a term of not less than 1

11 year.

12 ‘‘(b) ALTERNATE MEMBERS.—

13 ‘‘(1) STATE ALTERNATES.—The State member

14 of a participating State may have a single alternate,

15 who shall be—

16 ‘‘(A) a resident of that State; and

17 ‘‘(B) appointed by the Governor of the

18 State.

19 ‘‘(2) ALTERNATE FEDERAL COCHAIRPERSON.—

20 The President shall appoint an alternate Federal co21 chairperson.

22 ‘‘(3) QUORUM.—A State alternate shall not be

23 counted toward the establishment of a quorum of

24 the Authority in any instance in which a quorum of

25 the State members is required to be present.
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1 ‘‘(4) DELEGATION OF POWER.—No power or

2 responsibility of the Authority specified in para3 graphs (2) and (3) of subsection (c), and no voting

4 right of any Authority member, shall be delegated to

5 any person—

6 ‘‘(A) who is not an Authority member; or

7 ‘‘(B) who is not entitled to vote in Author8 ity meetings.

9 ‘‘(c) VOTING.—

10 ‘‘(1) IN GENERAL.—A decision by the Authority

11 shall require a majority vote of the Authority (not

12 including any member representing a State that is

13 delinquent under subsection (g)(2)(C)) to be effec14 tive.

15 ‘‘(2) QUORUM.—A quorum of State members

16 shall be required to be present for the Authority to

17 make any policy decision, including—

18 ‘‘(A) a modification or revision of an Au19 thority policy decision;

20 ‘‘(B) approval of a State or regional devel21 opment plan; and

22 ‘‘(C) any allocation of funds among the

23 States.

24 ‘‘(3) PROJECT AND GRANT PROPOSALS.—The

25 approval of project and grant proposals shall be—
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1 ‘‘(A) a responsibility of the Authority; and

2 ‘‘(B) conducted in accordance with section

3 382I.

4 ‘‘(4) VOTING BY ALTERNATE MEMBERS.—An

5 alternate member shall vote in the case of the ab6 sence, death, disability, removal, or resignation of

7 the Federal or State representative for which the al8 ternate member is an alternate.

9 ‘‘(d) DUTIES.—The Authority shall—

10 ‘‘(1) develop, on a continuing basis, comprehen11 sive and coordinated plans and programs to establish

12 priorities and approve grants for the economic devel13 opment of the region, giving due consideration to

14 other Federal, State, and local planning and devel15 opment activities in the region;

16 ‘‘(2) not later than 220 days after the date of

17 enactment of this subtitle, establish priorities in a

18 development plan for the region (including 5-year re19 gional outcome targets);

20 ‘‘(3) assess the needs and assets of the region

21 based on available research, demonstrations, inves22 tigations, assessments, and evaluations of the region

23 prepared by Federal, State, and local agencies, uni24 versities, local development districts, and other non25 profit groups;
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1 ‘‘(4) formulate and recommend to the Gov2 ernors and legislatures of States that participate in

3 the Authority forms of interstate cooperation;

4 ‘‘(5) work with State and local agencies in de5 veloping appropriate model legislation;

6 ‘‘(6)(A) enhance the capacity of, and provide

7 support for, local development districts in the region;

8 or

9 ‘‘(B) if no local development district exists in

10 an area in a participating State in the region, foster

11 the creation of a local development district;

12 ‘‘(7) encourage private investment in industrial,

13 commercial, and other economic development

14 projects in the region; and

15 ‘‘(8) cooperate with and assist State govern16 ments with economic development programs of par17 ticipating States.

18 ‘‘(e) ADMINISTRATION.—In carrying out subsection

19 (d), the Authority may—

20 ‘‘(1) hold such hearings, sit and act at such

21 times and places, take such testimony, receive such

22 evidence, and print or otherwise reproduce and dis23 tribute a description of the proceedings and reports

24 on actions by the Authority as the Authority con25 siders appropriate;
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1 ‘‘(2) authorize, through the Federal or State co2 chairperson or any other member of the Authority

3 designated by the Authority, the administration of

4 oaths if the Authority determines that testimony

5 should be taken or evidence received under oath;

6 ‘‘(3) request from any Federal, State, or local

7 department or agency such information as may be

8 available to or procurable by the department or

9 agency that may be of use to the Authority in car10 rying out duties of the Authority;

11 ‘‘(4) adopt, amend, and repeal bylaws and rules

12 governing the conduct of Authority business and the

13 performance of Authority duties;

14 ‘‘(5) request the head of any Federal depart15 ment or agency to detail to the Authority such per16 sonnel as the Authority requires to carry out duties

17 of the Authority, each such detail to be without loss

18 of seniority, pay, or other employee status;

19 ‘‘(6) request the head of any State department

20 or agency or local government to detail to the Au21 thority such personnel as the Authority requires to

22 carry out duties of the Authority, each such detail

23 to be without loss of seniority, pay, or other em24 ployee status;
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1 ‘‘(7) provide for coverage of Authority employ2 ees in a suitable retirement and employee benefit

3 system by—

4 ‘‘(A) making arrangements or entering

5 into contracts with any participating State gov6 ernment; or

7 ‘‘(B) otherwise providing retirement and

8 other employee benefit coverage;

9 ‘‘(8) accept, use, and dispose of gifts or dona10 tions of services or real, personal, tangible, or intan11 gible property;

12 ‘‘(9) enter into and perform such contracts,

13 leases, cooperative agreements, or other transactions

14 as are necessary to carry out Authority duties, in15 cluding any contracts, leases, or cooperative agree16 ments with—

17 ‘‘(A) any department, agency, or instru18 mentality of the United States;

19 ‘‘(B) any State (including a political sub20 division, agency, or instrumentality of the

21 State); or

22 ‘‘(C) any person, firm, association, or cor23 poration; and
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1 ‘‘(10) establish and maintain a central office

2 and field offices at such locations as the Authority

3 may select.

4 ‘‘(f ) FEDERAL AGENCY COOPERATION.—A Federal

5 agency shall—

6 ‘‘(1) cooperate with the Authority; and

7 ‘‘(2) provide, on request of the Federal cochair8 person, appropriate assistance in carrying out this

9 subtitle, in accordance with applicable Federal laws

10 (including regulations).

11 ‘‘(g) ADMINISTRATIVE EXPENSES.—

12 ‘‘(1) IN GENERAL.—Administrative expenses of

13 the Authority (except for the expenses of the Fed14 eral cochairperson, including expenses of the alter15 nate and staff of the Federal cochairperson, which

16 shall be paid solely by the Federal Government)

17 shall be paid—

18 ‘‘(A) by the Federal Government, in an

19 amount equal to 50 percent of the administra20 tive expenses; and

21 ‘‘(B) by the States in the region partici22 pating in the Authority, in an amount equal to

23 50 percent of the administrative expenses.

24 ‘‘(2) STATE SHARE.—
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1 ‘‘(A) IN GENERAL.—The share of adminis2 trative expenses of the Authority to be paid by

3 each State shall be determined by the Author4 ity.

5 ‘‘(B) NO FEDERAL PARTICIPATION.—The

6 Federal cochairperson shall not participate or

7 vote in any decision under subparagraph (A).

8 ‘‘(C) DELINQUENT STATES.—If a State is

9 delinquent in payment of the State’s share of

10 administrative expenses of the Authority under

11 this subsection—

12 ‘‘(i) no assistance under this subtitle

13 shall be furnished to the State (including

14 assistance to a political subdivision or a

15 resident of the State); and

16 ‘‘(ii) no member of the Authority from

17 the State shall participate or vote in any

18 action by the Authority.

19 ‘‘(h) COMPENSATION.—

20 ‘‘(1) FEDERAL COCHAIRPERSON.—The Federal

21 cochairperson shall be compensated by the Federal

22 Government at level III of the Executive Schedule in

23 subchapter II of chapter 53 of title 5, United States

24 Code.
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1 ‘‘(2) ALTERNATE FEDERAL COCHAIRPERSON.—

2 The alternate Federal cochairperson—

3 ‘‘(A) shall be compensated by the Federal

4 Government at level V of the Executive Sched5 ule described in paragraph (1); and

6 ‘‘(B) when not actively serving as an alter7 nate for the Federal cochairperson, shall per8 form such functions and duties as are delegated

9 by the Federal cochairperson.

10 ‘‘(3) STATE MEMBERS AND ALTERNATES.—

11 ‘‘(A) IN GENERAL.—A State shall com12 pensate each member and alternate rep13 resenting the State on the Authority at the rate

14 established by law of the State.

15 ‘‘(B) NO ADDITIONAL COMPENSATION.—

16 No State member or alternate member shall re17 ceive any salary, or any contribution to or sup18 plementation of salary from any source other

19 than the State for services provided by the

20 member or alternate to the Authority.

21 ‘‘(4) DETAILED EMPLOYEES.—

22 ‘‘(A) IN GENERAL.—No person detailed to

23 serve the Authority under subsection (e)(6)

24 shall receive any salary or any contribution to
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1 or supplementation of salary for services pro2 vided to the Authority from—

3 ‘‘(i) any source other than the State,

4 local, or intergovernmental department or

5 agency from which the person was detailed;

6 or

7 ‘‘(ii) the Authority.

8 ‘‘(B) VIOLATION.—Any person that vio9 lates this paragraph shall be fined not more

10 than $5,000, imprisoned not more than 1 year,

11 or both.

12 ‘‘(C) APPLICABLE LAW.—The Federal co13 chairperson, the alternate Federal cochair14 person, and any Federal officer or employee de15 tailed to duty on the Authority under sub16 section (e)(5) shall not be subject to subpara17 graph (A), but shall remain subject to sections

18 202 through 209 of title 18, United States

19 Code.

20 ‘‘(5) ADDITIONAL PERSONNEL.—

21 ‘‘(A) COMPENSATION.—

22 ‘‘(i) IN GENERAL.—The Authority

23 may appoint and fix the compensation of

24 an executive director and such other per25 sonnel as are necessary to enable the Au-
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1 thority to carry out the duties of the Au2 thority.

3 ‘‘(ii) EXCEPTION.—Compensation

4 under clause (i) shall not exceed the max5 imum rate for the Senior Executive Service

6 under section 5382 of title 5, United

7 States Code, including any applicable local8 ity-based comparability payment that may

9 be authorized under section 5304(h)(2)(C)

10 of that title.

11 ‘‘(B) EXECUTIVE DIRECTOR.—The execu12 tive director shall be responsible for—

13 ‘‘(i) the carrying out of the adminis14 trative duties of the Authority;

15 ‘‘(ii) direction of the Authority staff;

16 and

17 ‘‘(iii) such other duties as the Author18 ity may assign.

19 ‘‘(C) NO FEDERAL EMPLOYEE STATUS.—

20 No member, alternate, officer, or employee of

21 the Authority (except the Federal cochairperson

22 of the Authority, the alternate and staff for the

23 Federal cochairperson, and any Federal em24 ployee detailed to the Authority under sub-
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1 section (e)(5)) shall be considered to be a Fed2 eral employee for any purpose.

3 ‘‘(i) CONFLICTS OF INTEREST.—

4 ‘‘(1) IN GENERAL.—Except as provided under

5 paragraph (2), no State member, alternate, officer,

6 or employee of the Authority shall participate per7 sonally and substantially as a member, alternate, of8 ficer, or employee of the Authority, through decision,

9 approval, disapproval, recommendation, the ren10 dering of advice, investigation, or otherwise, in any

11 proceeding, application, request for a ruling or other

12 determination, contract, claim, controversy, or other

13 matter in which, to knowledge of the member, alter14 nate, officer, or employee—

15 ‘‘(A) the member, alternate, officer, or em16 ployee;

17 ‘‘(B) the spouse, minor child, partner, or

18 organization (other than a State or political

19 subdivision of the State) of the member, alter20 nate, officer, or employee, in which the member,

21 alternate, officer, or employee is serving as offi22 cer, director, trustee, partner, or employee; or

23 ‘‘(C) any person or organization with

24 whom the member, alternate, officer, or em-
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1 ployee is negotiating or has any arrangement

2 concerning prospective employment;

3 has a financial interest.

4 ‘‘(2) DISCLOSURE.—Paragraph (1) shall not

5 apply if the State member, alternate, officer, or

6 employee—

7 ‘‘(A) immediately advises the Authority of

8 the nature and circumstances of the proceeding,

9 application, request for a ruling or other deter10 mination, contract, claim, controversy, or other

11 particular matter presenting a potential conflict

12 of interest;

13 ‘‘(B) makes full disclosure of the financial

14 interest; and

15 ‘‘(C) before the proceeding concerning the

16 matter presenting the conflict of interest, re17 ceives a written determination by the Authority

18 that the interest is not so substantial as to be

19 likely to affect the integrity of the services that

20 the Authority may expect from the State mem21 ber, alternate, officer, or employee.

22 ‘‘(3) VIOLATION.—Any person that violates this

23 subsection shall be fined not more than $10,000, im24 prisoned not more than 2 years, or both.
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1 ‘‘( j) VALIDITY OF CONTRACTS, LOANS, AND

2 GRANTS.—The Authority may declare void any contract,

3 loan, or grant of or by the Authority in relation to which

4 the Authority determines that there has been a violation

5 of any provision under subsection (h)(4), subsection (i),

6 or sections 202 through 209 of title 18, United States

7 Code.

8 ‘‘SEC. 382C. ECONOMIC AND COMMUNITY DEVELOPMENT

9 GRANTS.

10 ‘‘(a) IN GENERAL.—The Authority may approve

11 grants to States and public and nonprofit entities for

12 projects, approved in accordance with section 382I—

13 ‘‘(1) to develop the transportation infrastruc14 ture of the region for the purpose of facilitating eco15 nomic development in the region (except that grants

16 for this purpose may only be made to a State or

17 local government);

18 ‘‘(2) to assist the region in obtaining the job

19 training, employment-related education, and busi20 ness development (with an emphasis on entrepre21 neurship) that are needed to build and maintain

22 strong local economies;

23 ‘‘(3) to provide assistance to severely distressed

24 and underdeveloped areas that lack financial re25 sources for improving basic public services;
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1 ‘‘(4) to provide assistance to severely distressed

2 and underdeveloped areas that lack financial re3 sources for equipping industrial parks and related

4 facilities; and

5 ‘‘(5) to otherwise achieve the purposes of this

6 subtitle.

7 ‘‘(b) FUNDING.—

8 ‘‘(1) IN GENERAL.—Funds for grants under

9 subsection (a) may be provided—

10 ‘‘(A) entirely from appropriations to carry

11 out this section;

12 ‘‘(B) in combination with funds available

13 under another Federal or Federal grant pro14 gram; or

15 ‘‘(C) from any other source.

16 ‘‘(2) PRIORITY OF FUNDING.—To best build the

17 foundations for long-term economic development and

18 to complement other Federal and State resources in

19 the region, Federal funds available under this sub20 title shall be focused on the activities in the fol21 lowing order or priority:

22 ‘‘(A) Basic public infrastructure in dis23 tressed counties and isolated areas of distress.
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1 ‘‘(B) Transportation infrastructure for the

2 purpose of facilitating economic development in

3 the region.

4 ‘‘(C) Business development, with emphasis

5 on entrepreneurship.

6 ‘‘(D) Job training or employment-related

7 education, with emphasis on use of existing

8 public educational institutions located in the re9 gion.

10 ‘‘(3) FEDERAL SHARE IN GRANT PROGRAMS.—

11 Notwithstanding any provision of law limiting the

12 Federal share in any grant program, funds appro13 priated to carry out this section may be used to in14 crease a Federal share in a grant program, as the

15 Authority determines appropriate.

16 ‘‘SEC. 382D. SUPPLEMENTS TO FEDERAL GRANT PRO17 GRAMS.

18 ‘‘(a) FINDING.—Congress finds that certain States

19 and local communities of the region, including local devel20 opment districts, may be unable to take maximum advan21 tage of Federal grant programs for which the States and

22 communities are eligible because—

23 ‘‘(1) they lack the economic resources to meet

24 the required matching share; or
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1 ‘‘(2) there are insufficient funds available under

2 the applicable Federal grant law authorizing the

3 program to meet pressing needs of the region.

4 ‘‘(b) FEDERAL GRANT PROGRAM FUNDING.—In ac5 cordance with subsection (c), the Federal cochairperson

6 may use amounts made available to carry out this subtitle,

7 without regard to any limitations on areas eligible for as8 sistance or authorizations for appropriation under any

9 other Act, to fund all or any portion of the basic Federal

10 contribution to a project or activity under a Federal grant

11 program in the region in an amount that is above the fixed

12 maximum portion of the cost of the project otherwise au13 thorized by applicable law, but not to exceed 90 percent

14 of the costs of the project (except as provided in section

15 382F(b)).

16 ‘‘(c) CERTIFICATION.—

17 ‘‘(1) IN GENERAL.—In the case of any program

18 or project for which all or any portion of the basic

19 Federal contribution to the project under a Federal

20 grant program is proposed to be made under this

21 section, no Federal contribution shall be made until

22 the Federal official administering the Federal law

23 authorizing the contribution certifies that the pro24 gram or project—
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1 ‘‘(A) meets the applicable requirements of

2 the applicable Federal grant law; and

3 ‘‘(B) could be approved for Federal con4 tribution under the law if funds were available

5 under the law for the program or project.

6 ‘‘(2) CERTIFICATION BY AUTHORITY.—

7 ‘‘(A) IN GENERAL.—The certifications and

8 determinations required to be made by the Au9 thority for approval of projects under this sub10 title in accordance with section 382I—

11 ‘‘(i) shall be controlling; and

12 ‘‘(ii) shall be accepted by the Federal

13 agencies.

14 ‘‘(B) ACCEPTANCE BY FEDERAL COCHAIR15 PERSON.—Any finding, report, certification, or

16 documentation required to be submitted to the

17 head of the department, agency, or instrumen18 tality of the Federal Government responsible for

19 the administration of any Federal grant pro20 gram shall be accepted by the Federal cochair21 person with respect to a supplemental grant for

22 any project under the program.
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1 ‘‘SEC. 382E. LOCAL DEVELOPMENT DISTRICTS; CERTIFI2 CATION AND ADMINISTRATIVE EXPENSES.

3 ‘‘(a) DEFINITION OF LOCAL DEVELOPMENT DIS4 TRICT.—In this section, the term ‘local development dis5 trict’ means an entity that—

6 ‘‘(1) is—

7 ‘‘(A) a planning district in existence on the

8 date of enactment of this subtitle that is recog9 nized by the Economic Development Adminis10 tration of the Department of Commerce; or

11 ‘‘(B) where an entity described in subpara12 graph (A) does not exist—

13 ‘‘(i) organized and operated in a man14 ner that ensures broad-based community

15 participation and an effective opportunity

16 for other nonprofit groups to contribute to

17 the development and implementation of

18 programs in the region;

19 ‘‘(ii) governed by a policy board with

20 at least a simple majority of members con21 sisting of elected officials or employees of

22 a general purpose unit of local government

23 who have been appointed to represent the

24 government;

25 ‘‘(iii) certified to the Authority as hav26 ing a charter or authority that includes the
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1 economic development of counties or parts

2 of counties or other political subdivisions

3 within the region—

4 ‘‘(I) by the Governor of each

5 State in which the entity is located; or

6 ‘‘(II) by the State officer des7 ignated by the appropriate State law

8 to make the certification; and

9 ‘‘(iv)(I) a nonprofit incorporated body or10 ganized or chartered under the law of the State

11 in which the entity is located;

12 ‘‘(II) a nonprofit agency or instrumentality

13 of a State or local government;

14 ‘‘(III) a public organization established be15 fore the date of enactment of this subtitle under

16 State law for creation of multi-jurisdictional,

17 area-wide planning organizations; or

18 ‘‘(IV) a nonprofit association or combina19 tion of bodies, agencies, and instrumentalities

20 described in subclauses (I) through (III); and

21 ‘‘(2) has not, as certified by the Federal

22 cochairperson—

23 ‘‘(A) inappropriately used Federal grant

24 funds from any Federal source; or
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1 ‘‘(B) appointed an officer who, during the

2 period in which another entity inappropriately

3 used Federal grant funds from any Federal

4 source, was an officer of the other entity.

5 ‘‘(b) GRANTS TO LOCAL DEVELOPMENT DIS6 TRICTS.—

7 ‘‘(1) IN GENERAL.—The Authority may make

8 grants for administrative expenses under this sec9 tion.

10 ‘‘(2) CONDITIONS FOR GRANTS.—

11 ‘‘(A) MAXIMUM AMOUNT.—The amount of

12 any grant awarded under paragraph (1) shall

13 not exceed 80 percent of the administrative ex14 penses of the local development district receiv15 ing the grant.

16 ‘‘(B) MAXIMUM PERIOD.—No grant de17 scribed in paragraph (1) shall be awarded to a

18 State agency certified as a local development

19 district for a period greater than 3 years.

20 ‘‘(C) LOCAL SHARE.—The contributions of

21 a local development district for administrative

22 expenses may be in cash or in kind, fairly evalu23 ated, including space, equipment, and services.

24 ‘‘(c) DUTIES OF LOCAL DEVELOPMENT DIS25 TRICTS.—A local development district shall—
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1 ‘‘(1) operate as a lead organization serving

2 multicounty areas in the region at the local level;

3 and

4 ‘‘(2) serve as a liaison between State and local

5 governments, nonprofit organizations (including

6 community-based groups and educational institu7 tions), the business community, and citizens that—

8 ‘‘(A) are involved in multijurisdictional

9 planning;

10 ‘‘(B) provide technical assistance to local

11 jurisdictions and potential grantees; and

12 ‘‘(C) provide leadership and civic develop13 ment assistance.

14 ‘‘SEC. 382F. DISTRESSED COUNTIES AND AREAS AND NON15 DISTRESSED COUNTIES.

16 ‘‘(a) DESIGNATIONS.—Not later than 90 days after

17 the date of enactment of this subtitle, and annually there18 after, the Authority, in accordance with such criteria as

19 the Authority may establish, shall designate—

20 ‘‘(1) as distressed counties, counties in the re21 gion that are the most severely and persistently dis22 tressed and underdeveloped and have high rates of

23 poverty or unemployment;
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1 ‘‘(2) as nondistressed counties, counties in the

2 region that are not designated as distressed counties

3 under paragraph (1); and

4 ‘‘(3) as isolated areas of distress, areas located

5 in nondistressed counties (as designated under para6 graph (2)) that have high rates of poverty or unem7 ployment.

8 ‘‘(b) DISTRESSED COUNTIES.—

9 ‘‘(1) IN GENERAL.—The Authority shall allo10 cate at least 75 percent of the appropriations made

11 available under section 382M for programs and

12 projects designed to serve the needs of distressed

13 counties and isolated areas of distress in the region.

14 ‘‘(2) FUNDING LIMITATIONS.—The funding lim15 itations under section 382D(b) shall not apply to a

16 project providing transportation or basic public serv17 ices to residents of one or more distressed counties

18 or isolated areas of distress in the region.

19 ‘‘(c) NONDISTRESSED COUNTIES.—

20 ‘‘(1) IN GENERAL.—Except as provided in this

21 subsection, no funds shall be provided under this

22 subtitle for a project located in a county designated

23 as a nondistressed county under subsection (a)(2).

24 ‘‘(2) EXCEPTIONS.—
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1 ‘‘(A) IN GENERAL.—The funding prohibi2 tion under paragraph (1) shall not apply to

3 grants to fund the administrative expenses of

4 local development districts under section

5 382E(b).

6 ‘‘(B) MULTICOUNTY PROJECTS.—The Au7 thority may waive the application of the fund8 ing prohibition under paragraph (1) to—

9 ‘‘(i) a multicounty project that in10 cludes participation by a nondistressed

11 county; or

12 ‘‘(ii) any other type of project;

13 if the Authority determines that the project

14 could bring significant benefits to areas of the

15 region outside a nondistressed county.

16 ‘‘(C) ISOLATED AREAS OF DISTRESS.—For

17 a designation of an isolated area of distress for

18 assistance to be effective, the designation shall

19 be supported—

20 ‘‘(i) by the most recent Federal data

21 available; or

22 ‘‘(ii) if no recent Federal data are

23 available, by the most recent data available

24 through the government of the State in
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1 which the isolated area of distress is lo2 cated.

3 ‘‘(d) TRANSPORTATION AND BASIC PUBLIC INFRA4 STRUCTURE.—The Authority shall allocate at least 50 per5 cent of any funds made available under section 382M for

6 transportation and basic public infrastructure projects au7 thorized under paragraphs (1) and (3) of section 382C(a).

8 ‘‘SEC. 382G. DEVELOPMENT PLANNING PROCESS.

9 ‘‘(a) STATE DEVELOPMENT PLAN.—In accordance

10 with policies established by the Authority, each State

11 member shall submit a development plan for the area of

12 the region represented by the State member.

13 ‘‘(b) CONTENT OF PLAN.—A State development plan

14 submitted under subsection (a) shall reflect the goals, ob15 jectives, and priorities identified in the regional develop16 ment plan developed under section 382B(d)(2).

17 ‘‘(c) CONSULTATION WITH INTERESTED LOCAL PAR18 TIES.—In carrying out the development planning process

19 (including the selection of programs and projects for as20 sistance), a State may—

21 ‘‘(1) consult with—

22 ‘‘(A) local development districts; and

23 ‘‘(B) local units of government; and
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1 ‘‘(2) take into consideration the goals, objec2 tives, priorities, and recommendations of the entities

3 described in paragraph (1).

4 ‘‘(d) PUBLIC PARTICIPATION.—

5 ‘‘(1) IN GENERAL.—The Authority and applica6 ble State and local development districts shall en7 courage and assist, to the maximum extent prac8 ticable, public participation in the development, revi9 sion, and implementation of all plans and programs

10 under this subtitle.

11 ‘‘(2) REGULATIONS.—The Authority shall de12 velop guidelines for providing public participation

13 described in paragraph (1), including public hear14 ings.

15 ‘‘SEC. 382H. PROGRAM DEVELOPMENT CRITERIA.

16 ‘‘(a) IN GENERAL.—In considering programs and

17 projects to be provided assistance under this subtitle, and

18 in establishing a priority ranking of the requests for as19 sistance provided by the Authority, the Authority shall fol20 low procedures that ensure, to the maximum extent prac21 ticable, consideration of—

22 ‘‘(1) the relationship of the project or class of

23 projects to overall regional development;

24 ‘‘(2) the per capita income and poverty and un25 employment rates in an area;
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1 ‘‘(3) the financial resources available to the ap2 plicants for assistance seeking to carry out the

3 project, with emphasis on ensuring that projects are

4 adequately financed to maximize the probability of

5 successful economic development;

6 ‘‘(4) the importance of the project or class of

7 projects in relation to other projects or classes of

8 projects that may be in competition for the same

9 funds;

10 ‘‘(5) the prospects that the project for which as11 sistance is sought will improve, on a continuing rath12 er than a temporary basis, the opportunities for em13 ployment, the average level of income, or the eco14 nomic development of the area served by the project;

15 and

16 ‘‘(6) the extent to which the project design pro17 vides for detailed outcome measurements by which

18 grant expenditures and the results of the expendi19 tures may be evaluated.

20 ‘‘(b) NO RELOCATION ASSISTANCE.—No financial

21 assistance authorized by this subtitle shall be used to as22 sist a person or entity in relocating from one area to an23 other, except that financial assistance may be used as oth24 erwise authorized by this title to attract businesses from

25 outside the region to the region.
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1 ‘‘(c) REDUCTION OF FUNDS.—Funds may be pro2 vided for a program or project in a State under this sub3 title only if the Authority determines that the level of Fed4 eral or State financial assistance provided under a law

5 other than this subtitle, for the same type of program or

6 project in the same area of the State within the region,

7 will not be reduced as a result of funds made available

8 by this subtitle.

9 ‘‘SEC. 382I. APPROVAL OF DEVELOPMENT PLANS AND

10 PROJECTS.

11 ‘‘(a) IN GENERAL.—A State or regional development

12 plan or any multistate subregional plan that is proposed

13 for development under this subtitle shall be reviewed by

14 the Authority.

15 ‘‘(b) EVALUATION BY STATE MEMBER.—An applica16 tion for a grant or any other assistance for a project under

17 this subtitle shall be made through and evaluated for ap18 proval by the State member of the Authority representing

19 the applicant.

20 ‘‘(c) CERTIFICATION.—An application for a grant or

21 other assistance for a project shall be approved only on

22 certification by the State member that the application for

23 the project—

24 ‘‘(1) describes ways in which the project com25 plies with any applicable State development plan;
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1 ‘‘(2) meets applicable criteria under section

2 382H;

3 ‘‘(3) provides adequate assurance that the pro4 posed project will be properly administered, oper5 ated, and maintained; and

6 ‘‘(4) otherwise meets the requirements of this

7 subtitle.

8 ‘‘(d) VOTES FOR DECISIONS.—On certification by a

9 State member of the Authority of an application for a

10 grant or other assistance for a specific project under this

11 section, an affirmative vote of the Authority under section

12 382B(c) shall be required for approval of the application.

13 ‘‘SEC. 382J. CONSENT OF STATES.

14 ‘‘Nothing in this subtitle requires any State to engage

15 in or accept any program under this subtitle without the

16 consent of the State.

17 ‘‘SEC. 382K. RECORDS.

18 ‘‘(a) RECORDS OF THE AUTHORITY.—

19 ‘‘(1) IN GENERAL.—The Authority shall main20 tain accurate and complete records of all trans21 actions and activities of the Authority.

22 ‘‘(2) AVAILABILITY.—All records of the Author23 ity shall be available for audit and examination by

24 the Comptroller General of the United States and

25 the Inspector General of the Department of Agri-
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1 culture (including authorized representatives of the

2 Comptroller General and the Inspector General of

3 the Department of Agriculture).

4 ‘‘(b) RECORDS OF RECIPIENTS OF FEDERAL ASSIST5 ANCE.—

6 ‘‘(1) IN GENERAL.—A recipient of Federal

7 funds under this subtitle shall, as required by the

8 Authority, maintain accurate and complete records

9 of transactions and activities financed with Federal

10 funds and report on the transactions and activities

11 to the Authority.

12 ‘‘(2) AVAILABILITY.—All records required

13 under paragraph (1) shall be available for audit by

14 the Comptroller General of the United States, the

15 Inspector General of the Department of Agriculture,

16 and the Authority (including authorized representa17 tives of the Comptroller General, the Inspector Gen18 eral of the Department of Agriculture, and the Au19 thority).

20 ‘‘(c) ANNUAL AUDIT.—The Inspector General of the

21 Department of Agriculture shall audit the activities, trans22 actions, and records of the Authority on an annual basis.

23 ‘‘SEC. 382L. ANNUAL REPORT.

24 ‘‘Not later than 180 days after the end of each fiscal

25 year, the Authority shall submit to the President and to
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1 Congress a report describing the activities carried out

2 under this subtitle.

3 ‘‘SEC. 382M. AUTHORIZATION OF APPROPRIATIONS.

4 ‘‘(a) IN GENERAL.—There is authorized to be appro5 priated to the Authority to carry out this subtitle

6 $30,000,000 for each of fiscal years 2001 through 2002,

7 to remain available until expended.

8 ‘‘(b) ADMINISTRATIVE EXPENSES.—Not more than 5

9 percent of the amount appropriated under subsection (a)

10 for a fiscal year shall be used for administrative expenses

11 of the Authority.

12 ‘‘SEC. 382N. TERMINATION OF AUTHORITY.

13 ‘‘This subtitle and the authority provided under this

14 subtitle expire on October 1, 2002.’’.

15 SEC. 504. AREA COVERED BY LOWER MISSISSIPPI DELTA

16 DEVELOPMENT COMMISSION.

17 (a) IN GENERAL.—Section 4(2)(D) of the Delta De18 velopment Act (42 U.S.C. 3121 note; 102 Stat. 2246) is

19 amended by inserting ‘‘Natchitoches,’’ after ‘‘Winn,’’.

20 (b) CONFORMING AMENDMENT.—The matter under

21 the heading ‘‘SALARIES AND EXPENSES’’ under the head22 ing ‘‘FARMERS HOME ADMINISTRATION’’ in title II of

23 Public Law 100–460 (102 Stat. 2246) is amended in the

24 fourth proviso by striking ‘‘carry out’’ and all that follows

25 through ‘‘bills are hereby’’ and inserting ‘‘carry out S.
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1 2836, the Delta Development Act, as introduced in the

2 Senate on September 27, 1988, and that bill is’’.

3 TITLE VI—DAKOTA WATER RESOURCES ACT OF

4 2000

5 SEC. 601. SHORT TITLE.

6 This title may be cited as the ‘‘Dakota Water Re7 sources Act of 2000’’.

8 SEC. 602. PURPOSES AND AUTHORIZATION.

9 Section 1 of Public Law 89–108 (79 Stat. 433; 100

10 Stat. 418) is amended—

11 (1) in subsection (a)—

12 (A) in paragraph (2), by striking ‘‘of’’ and

13 inserting ‘‘within’’;

14 (B) in paragraph (5), by striking ‘‘more

15 timely’’ and inserting ‘‘appropriate’’; and

16 (C) in paragraph (7), by striking ‘‘feder17 ally-assisted water resource development project

18 providing irrigation for 130,940 acres of land’’

19 and inserting ‘‘multipurpose federally assisted

20 water resource project providing irrigation, mu21 nicipal, rural, and industrial water systems,

22 fish, wildlife, and other natural resource con23 servation and development, recreation, flood

24 control, ground water recharge, and augmented

25 stream flows’’;
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1 (2) in subsection (b)—

2 (A) by inserting ‘‘, jointly with the State of

3 North Dakota,’’ after ‘‘construct’’;

4 (B) by striking ‘‘the irrigation of 130,940

5 acres’’ and inserting ‘‘irrigation’’;

6 (C) by striking ‘‘fish and wildlife conserva7 tion’’ and inserting ‘‘fish, wildlife, and other

8 natural resource conservation’’;

9 (D) by inserting ‘‘augmented stream flows,

10 ground water recharge,’’ after ‘‘flood control,’’;

11 and

12 (E) by inserting ‘‘(as modified by the Da13 kota Water Resources Act of 2000)’’ before the

14 period at the end;

15 (3) in subsection (e), by striking ‘‘terminated’’

16 and all that follows and inserting ‘‘terminated.’’; and

17 (4) by striking subsections (f ) and (g) and in18 serting the following:

19 ‘‘(f ) COSTS.—

20 ‘‘(1) ESTIMATE.—The Secretary shall

21 estimate—

22 ‘‘(A) the actual construction costs of the

23 facilities (including mitigation facilities) in ex24 istence as of the date of enactment of the Da25 kota Water Resources Act of 2000; and
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1 ‘‘(B) the annual operation, maintenance,

2 and replacement costs associated with the used

3 and unused capacity of the features in existence

4 as of that date.

5 ‘‘(2) REPAYMENT CONTRACT.—An appropriate

6 repayment contract shall be negotiated that provides

7 for the making of a payment for each payment pe8 riod in an amount that is commensurate with the

9 percentage of the total capacity of the project that

10 is in actual use during the payment period.

11 ‘‘(3) OPERATION AND MAINTENANCE COSTS.—

12 Except as otherwise provided in this Act or Rec13 lamation Law—

14 ‘‘(A) The Secretary shall be responsible for

15 the costs of operation and maintenance of the

16 proportionate share of unit facilities in exist17 ence on the date of enactment of the Dakota

18 Water Resources Act of 2000 attributable to

19 the capacity of the facilities (including mitiga20 tion facilities) that remain unused;

21 ‘‘(B) The State of North Dakota shall be

22 responsible for costs of operation and mainte23 nance of the proportionate share of existing

24 unit facilities that are used and shall be respon25 sible for the full costs of operation and mainte-
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1 nance of any facility constructed after the date

2 of enactment of the Dakota Water Resources

3 Act of 2000; and

4 ‘‘(C) The State of North Dakota shall be

5 responsible for the costs of providing energy to

6 authorized unit facilities.

7 ‘‘(g) AGREEMENT BETWEEN THE SECRETARY AND

8 THE STATE.—The Secretary shall enter into one or more

9 agreements with the State of North Dakota to carry out

10 this Act, including operation and maintenance of the com11 pleted unit facilities and the design and construction of

12 authorized new unit facilities by the State.

13 ‘‘(h) BOUNDARY WATERS TREATY OF 1909.—

14 ‘‘(1) DELIVERY OF WATER INTO THE HUDSON

15 BAY BASIN.—Prior to construction of any water sys16 tems authorized under this Act to deliver Missouri

17 River water into the Hudson Bay basin, the Sec18 retary, in consultation with the Secretary of State

19 and the Administrator of the Environmental Protec20 tion Agency, must determine that adequate treat21 ment can be provided to meet the requirements of

22 the Treaty between the United States and Great

23 Britain relating to Boundary Waters Between the

24 United States and Canada, signed at Washington,

25 January 11, 1909 (26 Stat. 2448; TS 548) (com-
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1 monly known as the Boundary Waters Treaty of

2 1909).

3 ‘‘(2) COSTS.—All costs of construction, oper4 ation, maintenance, and replacement of water treat5 ment and related facilities authorized by this Act

6 and attributable to meeting the requirements of the

7 treaty referred to in paragraph (1) shall be non8 reimbursable.’’.

9 SEC. 603. FISH AND WILDLIFE.

10 Section 2 of Public Law 89–108 (79 Stat. 433; 100

11 Stat. 419) is amended—

12 (1) by striking subsections (b), (c), and (d) and

13 inserting the following:

14 ‘‘(b) FISH AND WILDLIFE COSTS.—All fish and wild15 life enhancement costs incurred in connection with water16 fowl refuges, waterfowl production areas, and wildlife con17 servation areas proposed for Federal or State administra18 tion shall be nonreimbursable.

19 ‘‘(c) RECREATION AREAS.—

20 ‘‘(1) COSTS.—If non-Federal public bodies con21 tinue to agree to administer land and water areas

22 approved for recreation and agree to bear not less

23 than 50 percent of the separable costs of the unit al24 located to recreation and attributable to those areas

25 and all the costs of operation, maintenance, and re-
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1 placement incurred in connection therewith, the re2 mainder of the separable capital costs so allocated

3 and attributed shall be nonreimbursable.

4 ‘‘(2) APPROVAL.—The recreation areas shall be

5 approved by the Secretary in consultation and co6 ordination with the State of North Dakota.

7 ‘‘(d) NON-FEDERAL SHARE.—The non-Federal share

8 of the separable capital costs of the unit allocated to recre9 ation shall be borne by non-Federal interests, using the

10 following methods, as the Secretary may determine to be

11 appropriate:

12 ‘‘(1) Services in kind.

13 ‘‘(2) Payment, or provision of lands, interests

14 therein, or facilities for the unit.

15 ‘‘(3) Repayment, with interest, within 50 years

16 of first use of unit recreation facilities.’’;

17 (2) in subsection (e)—

18 (A) by redesignating paragraphs (1) and

19 (2) as paragraphs (2) and (3), respectively;

20 (B) by inserting ‘‘(1)’’ after ‘‘(e)’’;

21 (C) in paragraph (2) (as redesignated by

22 subparagraph (A))—

23 (i) in the first sentence—

24 (I) by striking ‘‘within ten years

25 after initial unit operation to admin-
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1 ister for recreation and fish and wild2 life enhancement’’ and inserting ‘‘to

3 administer for recreation’’; and

4 (II) by striking ‘‘which are not

5 included within Federal waterfowl ref6 uges and waterfowl production areas’’;

7 and

8 (ii) in the second sentence, by striking

9 ‘‘or fish and wildlife enhancement’’; and

10 (D) in the first sentence of paragraph (3)

11 (as redesignated by subparagraph (A))—

12 (i) by striking ‘‘, within ten years

13 after initial operation of the unit,’’; and

14 (ii) by striking ‘‘paragraph (1) of this

15 subsection’’ and inserting ‘‘paragraph (2)’’;

16 (3) in subsection (f ), by striking ‘‘and fish and

17 wildlife enhancement’’; and

18 (4) in subsection ( j)—

19 (A) in paragraph (1), by striking ‘‘prior to

20 the completion of construction of Lonetree Dam

21 and Reservoir’’; and

22 (B) by adding at the end the following:

23 ‘‘(4) TAAYER RESERVOIR.—Taayer Reservoir is

24 deauthorized as a project feature. The Secretary,

25 acting through the Commissioner of Reclamation,
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1 shall acquire (including acquisition through donation

2 or exchange) up to 5,000 acres in the Kraft and

3 Pickell Slough areas and to manage the area as a

4 component of the National Wildlife Refuge System

5 giving consideration to the unique wildlife values of

6 the area. In acquiring the lands which comprise the

7 Kraft and Pickell Slough complex, the Secretary

8 shall acquire wetlands in the immediate vicinity

9 which may be hydrologically related and nearby up10 lands as may be necessary to provide for proper

11 management of the complex. The Secretary shall

12 provide for appropriate visitor access and control at

13 the refuge.

14 ‘‘(5) DEAUTHORIZATION OF LONETREE DAM

15 AND RESERVOIR.—The Lonetree Dam and Reservoir

16 is deauthorized, and the Secretary shall designate

17 the lands acquired for the former reservoir site as a

18 wildlife conservation area. The Secretary shall enter

19 into an agreement with the State of North Dakota

20 providing for the operation and maintenance of the

21 wildlife conservation area as an enhancement fea22 ture, the costs of which shall be paid by the Sec23 retary.’’.
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1 SEC. 604. INTEREST CALCULATION.

2 Section 4 of Public Law 89–108 (100 Stat. 435) is

3 amended by adding at the end the following: ‘‘Interest

4 during construction shall be calculated only until such

5 date as the Secretary declares any particular feature to

6 be substantially complete, regardless of whether the fea7 ture is placed into service.’’.

8 SEC. 605. IRRIGATION FACILITIES.

9 Section 5 of Public Law 89–108 (100 Stat. 419) is

10 amended—

11 (1) by striking ‘‘SEC. 5. (a)(1)’’ and all that

12 follows through subsection (c) and inserting the fol13 lowing:

14 ‘‘SEC. 5. IRRIGATION FACILITIES.

15 ‘‘(a) IN GENERAL.—

16 ‘‘(1) AUTHORIZED DEVELOPMENT.—In addition

17 to the 5,000-acre Oakes Test Area in existence on

18 the date of enactment of the Dakota Water Re19 sources Act of 2000, the Secretary may develop irri20 gation in—

21 ‘‘(A) the Turtle Lake service area (13,700

22 acres);

23 ‘‘(B) the McClusky Canal service area

24 (10,000 acres); and

25 ‘‘(C) if the investment costs are fully reim26 bursed without aid to irrigation from the Pick-
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1 Sloan Missouri Basin Program, the New Rock2 ford Canal service area (1,200 acres).

3 ‘‘(2) DEVELOPMENT NOT AUTHORIZED.—None

4 of the irrigation authorized by this section may be

5 developed in the Hudson Bay/Devils Lake Basin.

6 ‘‘(3) NO EXCESS DEVELOPMENT.—The Sec7 retary shall not develop irrigation in the service

8 areas described in paragraph (1) in excess of the

9 acreage specified in that paragraph, except that the

10 Secretary shall develop up to 28,000 acres of irriga11 tion in other areas of North Dakota (such as the

12 Elk/Charbonneau, Mon-Dak, Nesson Valley, Horse13 head Flats, and Oliver-Mercer areas) that are not lo14 cated in the Hudson Bay/Devils Lake drainage basin

15 or James River drainage basin.

16 ‘‘(4) PUMPING POWER.—Irrigation development

17 authorized by this section shall be considered au18 thorized units of the Pick-Sloan Missouri Basin Pro19 gram and eligible to receive project pumping power.

20 ‘‘(5) PRINCIPAL SUPPLY WORKS.—The Sec21 retary shall maintain the Snake Creek Pumping

22 Plant, New Rockford Canal, and McClusky Canal

23 features of the principal supply works. Subject to

24 the provisions of section (8) of this Act, the Sec25 retary shall select a preferred alternative to imple-
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1 ment the Dakota Water Resources Act of 2000. In

2 making this selection, one of the alternatives the

3 Secretary shall consider is whether to connect the

4 principal supply works in existence on the date of

5 enactment.’’;

6 (2) by redesignating subsections (d), (e), and

7 (f ) as subsections (b), (c), and (d), respectively;

8 (3) in the first sentence of subsection (b) (as

9 redesignated by paragraph (2)), by striking ‘‘(a)(1)’’

10 and inserting ‘‘(a)’’;

11 (4) in the first sentence of subsection (c) (as re12 designated by paragraph (2)), by striking ‘‘Lucky

13 Mound (7,700 acres), Upper Six Mile Creek (7,500

14 acres)’’ and inserting ‘‘Lucky Mound (7,700 acres)

15 and Upper Six Mile Creek (7,500 acres), or such

16 other lands at Fort Berthold of equal acreage as

17 may be selected by the tribe and approved by the

18 Secretary,’’; and

19 (5) by adding at the end the following:

20 ‘‘(e) IRRIGATION REPORT TO CONGRESS.—

21 ‘‘(1) IN GENERAL.—The Secretary shall inves22 tigate and prepare a detailed report on the undesig23 nated 28,000 acres in subsection (a)(3) as to costs

24 and benefits for any irrigation units to be developed

25 under Reclamation law.
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1 ‘‘(2) FINDING.—The report shall include a find2 ing on the economic, financial and engineering feasi3 bility of the proposed irrigation unit, but shall be

4 limited to the undesignated 28,000 acres.

5 ‘‘(3) AUTHORIZATION.—If the Secretary finds

6 that the proposed construction is feasible, such irri7 gation units are authorized without further Act of

8 Congress.

9 ‘‘(4) DOCUMENTATION.—No expenditure for

10 the construction of facilities authorized under this

11 section shall be made until after the Secretary, in

12 cooperation with the State of North Dakota, has

13 prepared the appropriate documentation in accord14 ance with section 1 and pursuant to the National

15 Environmental Policy Act of 1969 (42 U.S.C. 4321

16 et seq.) analyzing the direct and indirect impacts of

17 implementing the report.’’.

18 SEC. 606. POWER.

19 Section 6 of Public Law 89–108 (79 Stat. 435; 100

20 Stat. 421) is amended—

21 (1) in subsection (b)—

22 (A) by striking ‘‘Notwithstanding the pro23 visions of’’ and inserting ‘‘Pursuant to the pro24 visions of’’; and
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1 (B) by striking ‘‘revenues,’’ and all that

2 follows and inserting ‘‘revenues.’’; and

3 (2) by striking subsection (c) and inserting the

4 following:

5 ‘‘(c) NO INCREASE IN RATES OR EFFECT ON REPAY6 MENT METHODOLOGY.—In accordance with the last sen7 tence of section 302(a)(3) of the Department of Energy

8 Organization Act (42 U.S.C. 7152(a)(3)), section 1(e)

9 shall not result in any reallocation of project costs and

10 shall not result in increased rates to Pick-Sloan Missouri

11 Basin Program customers. Nothing in the Dakota Water

12 Resources Act of 2000 alters or affects in any way the

13 repayment methodology in effect as of the date of enact14 ment of that Act for other features of the Pick-Sloan Mis15 souri Basin Program.’’.

16 SEC. 607. MUNICIPAL, RURAL, AND INDUSTRIAL WATER

17 SERVICE.

18 Section 7 of Public Law 89–108 (100 Stat. 422) is

19 amended—

20 (1) in subsection (a)(3)—

21 (A) in the second sentence—

22 (i) by striking ‘‘The non-Federal

23 share’’ and inserting ‘‘Unless otherwise

24 provided in this Act, the non-Federal

25 share’’;
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1 (ii) by striking ‘‘each water system’’

2 and inserting ‘‘water systems’’;

3 (iii) by inserting after the second sen4 tence the following: ‘‘The State may use

5 the Federal and non-Federal funds to pro6 vide grants or loans for municipal, rural,

7 and industrial water systems. The State

8 shall use the proceeds of repaid loans for

9 municipal, rural, and industrial water sys10 tems. Proceeds from loan repayments and

11 any interest thereon shall be treated as

12 Federal funds.’’; and

13 (iv) by striking the last sentence and

14 inserting the following: ‘‘The Southwest

15 Pipeline Project, the Northwest Area

16 Water Supply Project, the Red River Val17 ley Water Supply Project, and other mu18 nicipal, industrial, and rural water systems

19 in the State of North Dakota shall be eligi20 ble for funding under the terms of this sec21 tion. Funding provided under this section

22 for the Red River Valley Water Supply

23 Project shall be in addition to funding for

24 that project under section 10(a)(1)(B).

25 The amount of non-Federal contributions
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1 made after May 12, 1986, that exceeds the

2 25 percent requirement shall be credited to

3 the State for future use in municipal,

4 rural, and industrial projects under this

5 section.’’; and

6 (2) by striking subsections (b), (c), and (d) and

7 inserting the following:

8 ‘‘(b) WATER CONSERVATION PROGRAM.—The State

9 of North Dakota may use funds provided under sub10 sections (a) and (b)(1)(A) of section 10 to develop and

11 implement a water conservation program. The Secretary

12 and the State shall jointly establish water conservation

13 goals to meet the purposes of the State program and to

14 improve the availability of water supplies to meet the pur15 poses of this Act. If the State achieves the established

16 water conservation goals, the non-Federal cost share for

17 future projects under subsection (a)(3) shall be reduced

18 to 24.5 percent.

19 ‘‘(c) NONREIMBURSABILITY OF COSTS.—With re20 spect to the Southwest Pipeline Project, the Northwest

21 Area Water Supply Project, the Red River Valley Water

22 Supply Project, and other municipal, industrial, and rural

23 water systems in North Dakota, the costs of the features

24 constructed on the Missouri River by the Secretary of the
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1 Army before the date of enactment of the Dakota Water

2 Resources Act of 2000 shall be nonreimbursable.

3 ‘‘(d) INDIAN MUNICIPAL RURAL AND INDUSTRIAL

4 WATER SUPPLY.—The Secretary shall construct, operate,

5 and maintain such municipal, rural, and industrial water

6 systems as the Secretary determines to be necessary to

7 meet the economic, public health, and environmental needs

8 of the Fort Berthold, Standing Rock, Turtle Mountain (in9 cluding the Trenton Indian Service Area), and Fort

10 Totten Indian Reservations and adjacent areas.’’.

11 SEC. 608. SPECIFIC FEATURES.

12 (a) SYKESTON CANAL.—Sykeston Canal is hereby de13 authorized.

14 (b) IN GENERAL.—Public Law 89–108 (100 Stat.

15 423) is amended by striking section 8 and inserting the

16 following:

17 ‘‘SEC. 8. SPECIFIC FEATURES.

18 ‘‘(a) RED RIVER VALLEY WATER SUPPLY

19 PROJECT.—

20 ‘‘(1) IN GENERAL.—Subject to the require21 ments of this section, the Secretary shall construct

22 a feature or features to provide water to the

23 Sheyenne River water supply and release facility or

24 such other feature or features as are selected under

25 subsection (d).
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1 ‘‘(2) DESIGN AND CONSTRUCTION.—The fea2 ture or features shall be designed and constructed to

3 meet only the following water supply requirements

4 as identified in the report prepared pursuant to sub5 section (b) of this section: Municipal, rural, and in6 dustrial water supply needs; ground water recharge;

7 and streamflow augmentation.

8 ‘‘(3) COMMENCEMENT OF CONSTRUCTION.—(A)

9 If the Secretary selects a project feature under this

10 section that would provide water from the Missouri

11 River or its tributaries to the Sheyenne River water

12 supply and release facility or from the Missouri

13 River or its tributaries to such other conveyance fa14 cility as the Secretary selects under this section, no

15 later than 90 days after the completion of the final

16 environmental impact statement, the Secretary shall

17 transmit to Congress a comprehensive report which

18 provides—

19 ‘‘(i) a detailed description of the proposed

20 project feature;

21 ‘‘(ii) a summary of major issues addressed

22 in the environmental impact statement;

23 ‘‘(iii) likely effects, if any, on other States

24 bordering the Missouri River and on the State

25 of Minnesota; and
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1 ‘‘(iv) a description of how the project fea2 ture complies with the requirements of section

3 1(h)(1) of this Act (relating to the Boundary

4 Waters Treaty of 1909).

5 ‘‘(B) No project feature or features that would

6 provide water from the Missouri River or its tribu7 taries to the Sheyenne River water supply and re8 lease facility or from the Missouri River or its tribu9 taries to such other conveyance facility as the Sec10 retary selects under this section shall be constructed

11 unless such feature is specifically authorized by an

12 Act of Congress approved subsequent to the Sec13 retary’s transmittal of the report required in sub14 paragraph (A). If, after complying with subsections

15 (b) through (d) of this section, the Secretary selects

16 a feature or features using only in-basin sources of

17 water to meet the water needs of the Red River Val18 ley identified in subsection (b), such features are au19 thorized without further Act of Congress. The Act of

20 Congress referred to in this subparagraph must be

21 an authorization bill, and shall not be a bill making

22 appropriations.

23 ‘‘(C) The Secretary may not commence con24 struction on the feature until a master repayment

25 contract or water service agreement consistent with
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1 this Act between the Secretary and the appropriate

2 non-Federal entity has been executed.

3 ‘‘(b) REPORT ON RED RIVER VALLEY WATER NEEDS

4 AND OPTIONS.—

5 ‘‘(1) IN GENERAL.—The Secretary of the Inte6 rior shall conduct a comprehensive study of the

7 water quality and quantity needs of the Red River

8 Valley in North Dakota and possible options for

9 meeting those needs.

10 ‘‘(2) NEEDS.—The needs addressed in the re11 port shall include such needs as—

12 ‘‘(A) municipal, rural, and industrial water

13 supplies;

14 ‘‘(B) water quality;

15 ‘‘(C) aquatic environment;

16 ‘‘(D) recreation; and

17 ‘‘(E) water conservation measures.

18 ‘‘(3) PROCESS.—In conducting the study, the

19 Secretary through an open and public process shall

20 solicit input from gubernatorial designees from

21 States that may be affected by possible options to

22 meet such needs as well as designees from other

23 Federal agencies with relevant expertise. For any

24 option that includes an out-of-basin solution, the

25 Secretary shall consider the effect of the option on
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1 other States that may be affected by such option, as

2 well as other appropriate considerations. Upon com3 pletion, a draft of the study shall be provided by the

4 Secretary to such States and Federal agencies. Such

5 States and agencies shall be given not less than 120

6 days to review and comment on the study method,

7 findings and conclusions leading to any alternative

8 that may have an impact on such States or on re9 sources subject to such Federal agencies’ jurisdic10 tion. The Secretary shall receive and take into con11 sideration any such comments and produce a final

12 report and transmit the final report to Congress.

13 ‘‘(4) LIMITATION.—No design or construction

14 of any feature or features that facilitate an out-of15 basin transfer from the Missouri River drainage

16 basin shall be authorized under the provisions of this

17 subsection.

18 ‘‘(c) ENVIRONMENTAL IMPACT STATEMENT.—

19 ‘‘(1) IN GENERAL.—Nothing in this section

20 shall be construed to supersede any requirements

21 under the National Environmental Policy Act or the

22 Administrative Procedures Act.

23 ‘‘(2) DRAFT.—

24 ‘‘(A) DEADLINE.—Pursuant to an agree25 ment between the Secretary and State of North
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1 Dakota as authorized under section 1(g), not

2 later than 1 year after the date of enactment

3 of the Dakota Water Resources Act of 2000,

4 the Secretary and the State of North Dakota

5 shall jointly prepare and complete a draft envi6 ronmental impact statement concerning all fea7 sible options to meet the comprehensive water

8 quality and quantity needs of the Red River

9 Valley and the options for meeting those needs,

10 including the delivery of Missouri River water

11 to the Red River Valley.

12 ‘‘(B) REPORT ON STATUS.—If the Sec13 retary and State of North Dakota cannot pre14 pare and complete the draft environmental im15 pact statement within 1 year after the date of

16 enactment of the Dakota Water Resources Act

17 of 2000, the Secretary, in consultation and co18 ordination with the State of North Dakota,

19 shall report to Congress on the status of this

20 activity, including an estimate of the date of

21 completion.

22 ‘‘(3) FINAL.—

23 ‘‘(A) DEADLINE.—Not later than 1 year

24 after filing the draft environmental impact
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1 statement, a final environmental impact state2 ment shall be prepared and published.

3 ‘‘(B) REPORT ON STATUS.—If the Sec4 retary and State of North Dakota cannot pre5 pare and complete a final environmental impact

6 statement within 1 year of the completion of

7 the draft environmental impact statement, the

8 Secretary, in consultation and coordination with

9 the State of North Dakota, shall report to Con10 gress on the status of this activity, including an

11 estimate of the date of completion.

12 ‘‘(d) PROCESS FOR SELECTION.—

13 ‘‘(1) IN GENERAL.—After reviewing the final

14 report required by subsection (b)(1) and complying

15 with subsection (c), the Secretary, in consultation

16 and coordination with the State of North Dakota in

17 coordination with affected local communities, shall

18 select one or more project features described in sub19 section (a) that will meet the comprehensive water

20 quality and quantity needs of the Red River Valley.

21 The Secretary’s selection of an alternative shall be

22 subject to judicial review.

23 ‘‘(2) AGREEMENTS.—If the Secretary selects an

24 option under paragraph (1) that uses only in-basin

25 sources of water, not later than 180 days after the
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1 record of decision has been executed, the Secretary

2 shall enter into a cooperative agreement with the

3 State of North Dakota to construct the feature or

4 features selected. If the Secretary selects an option

5 under paragraph (1) that would require a further

6 act of Congress under the provisions of subsection

7 (a), not later than 180 days after the date of enact8 ment of legislation required under subsection (a) the

9 Secretary shall enter into a cooperative agreement

10 with the State of North Dakota to construct the fea11 ture or features authorized by that legislation.

12 ‘‘(e) SHEYENNE RIVER WATER SUPPLY AND RE13 LEASE OR ALTERNATE FEATURES.—The Secretary shall

14 construct, operate, and maintain a Sheyenne River water

15 supply and release feature (including a water treatment

16 plant) capable of delivering 100 cubic feet per second of

17 water or any other amount determined in the reports

18 under this section, for the cities of Fargo and Grand

19 Forks and surrounding communities, or such other feature

20 or features as may be selected under subsection (d).

21 ‘‘(f ) DEVILS LAKE.—No funds authorized under this

22 Act may be used to carry out the portion of the feasibility

23 study of the Devils Lake basin, North Dakota, authorized

24 under the Energy and Water Development Appropriations

25 Act of 1993 (Public Law 102–377), that addresses the
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1 needs of the area for stabilized lake levels through inlet

2 controls, or to otherwise study any facility or carry out

3 any activity that would permit the transfer of water from

4 the Missouri River drainage basin into Devils Lake, North

5 Dakota.’’.

6 SEC. 609. OAKES TEST AREA TITLE TRANSFER.

7 Public Law 89–108 (100 Stat. 423) is amended by

8 striking section 9 and inserting the following:

9 ‘‘SEC. 9. OAKES TEST AREA TITLE TRANSFER.

10 ‘‘(a) IN GENERAL.—Not later than 2 years after exe11 cution of a record of decision under section 8(d) on wheth12 er to use the New Rockford Canal as a means of delivering

13 water to the Red River Basin as described in section 8,

14 the Secretary shall enter into an agreement with the State

15 of North Dakota, or its designee, to convey title and all

16 or any rights, interests, and obligations of the United

17 States in and to the Oakes Test Area as constructed and

18 operated under Public Law 99–294 (100 Stat. 418) under

19 such terms and conditions as the Secretary believes would

20 fully protect the public interest.

21 ‘‘(b) TERMS AND CONDITIONS.—The agreement shall

22 define the terms and conditions of the transfer of the fa23 cilities, lands, mineral estate, easements, rights-of-way

24 and water rights including the avoidance of costs that the
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1 Federal Government would otherwise incur in the case of

2 a failure to agree under subsection (d).

3 ‘‘(c) COMPLIANCE.—The action of the Secretary

4 under this section shall comply with all applicable require5 ments of Federal, State, and local law.

6 ‘‘(d) FAILURE TO AGREE.—If an agreement is not

7 reached within the time limit specified in subsection (a),

8 the Secretary shall dispose of the Oakes Test Area facili9 ties under the Federal Property and Administrative Serv10 ices Act of 1949 (40 U.S.C. 471 et seq.).’’.

11 SEC. 610. AUTHORIZATION OF APPROPRIATIONS.

12 Section 10 of Public Law 89–108 (100 Stat. 424;

13 106 Stat. 4669, 4739) is amended—

14 (1) in subsection (a)—

15 (A) by striking ‘‘(a)(1) There are author16 ized’’ and inserting the following:

17 ‘‘(a) WATER DISTRIBUTION FEATURES.—

18 ‘‘(1) IN GENERAL.—

19 ‘‘(A) MAIN STEM SUPPLY WORKS.—There

20 is authorized’’;

21 (B) in paragraph (1)—

22 (i) in the first sentence, by striking

23 ‘‘$270,395,000 for carrying out the provi24 sions of section 5(a) through 5(c) and sec-
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1 tion 8(a)(1) of this Act’’ and inserting

2 ‘‘$164,000,000 to carry out section 5(a)’’;

3 (ii) by inserting after subparagraph

4 (A) (as designated by clause (i)) the fol5 lowing:

6 ‘‘(B) RED RIVER VALLEY WATER SUPPLY

7 PROJECT.—There is authorized to be appro8 priated to carry out section 8(a)(1)

9 $200,000,000.’’; and

10 (iii) by striking ‘‘Such sums’’ and in11 serting the following:

12 ‘‘(C) AVAILABILITY.—Such sums’’; and

13 (C) in paragraph (2)—

14 (i) by striking ‘‘(2) There is’’ and in15 serting the following:

16 ‘‘(2) INDIAN IRRIGATION.—

17 ‘‘(A) IN GENERAL.—There is’’;

18 (ii) by striking ‘‘for carrying out sec19 tion 5(e) of this Act’’ and inserting ‘‘to

20 carry out section 5(c)’’; and

21 (iii) by striking ‘‘Such sums’’ and in22 serting the following:

23 ‘‘(B) AVAILABILITY.—Such sums’’;

24 (2) in subsection (b)—
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1 (A) by striking ‘‘(b)(1) There is’’ and in2 serting the following:

3 ‘‘(b) MUNICIPAL, RURAL, AND INDUSTRIAL WATER

4 SUPPLY.—

5 ‘‘(1) STATEWIDE.—

6 ‘‘(A) INITIAL AMOUNT.—There is’’;

7 (B) in paragraph (1)—

8 (i) by inserting before ‘‘Such sums’’

9 the following:

10 ‘‘(B) ADDITIONAL AMOUNT.—In addition

11 to the amount under subparagraph (A), there is

12 authorized to be appropriated to carry out sec13 tion 7(a) $200,000,000.’’; and

14 (ii) by striking ‘‘Such sums’’ and in15 serting the following:

16 ‘‘(C) AVAILABILITY.—Such sums’’; and

17 (C) in paragraph (2)—

18 (i) by striking ‘‘(2) There are author19 ized to be appropriated $61,000,000’’ and

20 all that follows through ‘‘Act.’’ and insert21 ing the following:

22 ‘‘(2) INDIAN MUNICIPAL, RURAL, AND INDUS23 TRIAL AND OTHER DELIVERY FEATURES.—

24 ‘‘(A) INITIAL AMOUNT.—There is author25 ized to be appropriated—
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1 ‘‘(i) to carry out section 8(a)(1),

2 $40,500,000; and

3 ‘‘(ii) to carry out section 7(d),

4 $20,500,000.’’;

5 (ii) by inserting before ‘‘Such sums’’

6 the following:

7 ‘‘(B) ADDITIONAL AMOUNT.—

8 ‘‘(i) IN GENERAL.—In addition to the

9 amount under subparagraph (A), there is

10 authorized to be appropriated to carry out

11 section 7(d) $200,000,000.

12 ‘‘(ii) ALLOCATION.—The amount

13 under clause (i) shall be allocated as fol14 lows:

15 ‘‘(I) $30,000,000 to the Fort

16 Totten Indian Reservation.

17 ‘‘(II) $70,000,000 to the Fort

18 Berthold Indian Reservation.

19 ‘‘(IV) $80,000,000 to the Stand20 ing Rock Indian Reservation.

21 ‘‘(V) $20,000,000 to the Turtle

22 Mountain Indian Reservation.’’; and

23 (iii) by striking ‘‘Such sums’’ and in24 serting the following:

25 ‘‘(C) AVAILABILITY.—Such sums’’;
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1 (3) in subsection (c)—

2 (A) by striking ‘‘(c) There is’’ and insert3 ing the following:

4 ‘‘(c) RESOURCES TRUST AND OTHER PROVISIONS.—

5 ‘‘(1) INITIAL AMOUNT.—There is’’; and

6 (B) by striking the second and third sen7 tences and inserting the following:

8 ‘‘(2) ADDITIONAL AMOUNT.—In addition to

9 amount under paragraph (1), there are authorized

10 to be appropriated—

11 ‘‘(A) $6,500,000 to carry out recreational

12 projects; and

13 ‘‘(B) an additional $25,000,000 to carry

14 out section 11;

15 to remain available until expended.

16 ‘‘(3) RECREATIONAL PROJECTS.—Of the funds

17 authorized under paragraph (2) for recreational

18 projects, up to $1,500,000 may be used to fund a

19 wetland interpretive center in the State of North

20 Dakota.

21 ‘‘(4) OPERATION AND MAINTENANCE.—

22 ‘‘(A) IN GENERAL.—There are authorized

23 to be appropriated such sums as are necessary

24 for operation and maintenance of the unit (in-
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1 cluding the mitigation and enhancement fea2 tures).

3 ‘‘(B) AUTHORIZATION LIMITS.—Expendi4 tures for operation and maintenance of features

5 substantially completed and features con6 structed before the date of enactment of the

7 Dakota Water Resources Act of 2000, including

8 funds expended for such purposes since the

9 date of enactment of Public Law 99–294, shall

10 not be counted against the authorization limits

11 in this section.

12 ‘‘(5) MITIGATION AND ENHANCEMENT LAND.—

13 On or about the date on which the features author14 ized by section 8(a) are operational, a separate ac15 count in the Natural Resources Trust authorized by

16 section 11 shall be established for operation and

17 maintenance of the mitigation and enhancement

18 land associated with the unit.’’; and

19 (4) by striking subsection (e) and inserting the

20 following:

21 ‘‘(e) INDEXING.—The $200,000,000 amount under

22 subsection (b)(1)(B), the $200,000,000 amount under

23 subsection (a)(1)(B), and the funds authorized under sub24 section (b)(2) shall be indexed as necessary to allow for

25 ordinary fluctuations of construction costs incurred after
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1 the date of enactment of the Dakota Water Resources Act

2 of 2000 as indicated by engineering cost indices applicable

3 for the type of construction involved. All other authorized

4 cost ceilings shall remain unchanged.’’.

5 SEC. 611. NATURAL RESOURCES TRUST.

6 Section 11 of Public Law 89–108 (100 Stat. 424)

7 is amended—

8 (1) by striking subsection (a) and inserting the

9 following:

10 ‘‘(a) CONTRIBUTION.—

11 ‘‘(1) INITIAL AUTHORIZATION.—

12 ‘‘(A) IN GENERAL.—From the sums appro13 priated under section 10 for the Garrison Di14 version Unit, the Secretary shall make an an15 nual Federal contribution to a Natural Re16 sources Trust established by non-Federal inter17 ests in accordance with subsection (b) and oper18 ated in accordance with subsection (c).

19 ‘‘(B) AMOUNT.—The total amount of Fed20 eral contributions under subparagraph (A) shall

21 not exceed $12,000,000.

22 ‘‘(2) ADDITIONAL AUTHORIZATION.—

23 ‘‘(A) IN GENERAL.—In addition to the

24 amount authorized in paragraph (1), the Sec25 retary shall make annual Federal contributions
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1 to the Natural Resources Trust until the

2 amount authorized by section 10(c)(2)(B) is

3 reached, in the manner stated in subparagraph

4 (B).

5 ‘‘(B) ANNUAL AMOUNT.—The amount of

6 the contribution under subparagraph (A) for

7 each fiscal year shall be the amount that is

8 equal to 5 percent of the total amount that is

9 appropriated for the fiscal year under sub10 sections (a)(1)(B) and (b)(1)(B) of section

11 10.’’.

12 (2) in subsection (b), by striking ‘‘Wetlands

13 Trust’’ and inserting ‘‘Natural Resources Trust’’;

14 and

15 (3) in subsection (c)—

16 (A) by striking ‘‘Wetland Trust’’ and in17 serting ‘‘Natural Resources Trust’’;

18 (B) by striking ‘‘are met’’ and inserting

19 ‘‘is met’’;

20 (C) in paragraph (1), by inserting ‘‘, grass21 land conservation and riparian areas’’ after

22 ‘‘habitat’’; and

23 (D) in paragraph (2), by adding at the end

24 the following:
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1 ‘‘(C) The power to fund incentives for con2 servation practices by landowners.’’.

3 TITLE VII

4 SEC. 701. FINDINGS.

5 Congress finds that—

6 (1) there is a continuing need for reconciliation

7 between Indians and non-Indians;

8 (2) the need may be met partially through the

9 promotion of the understanding of the history and

10 culture of Sioux Indian tribes;

11 (3) the establishment of a Sioux Nation Tribal

12 Supreme Court will promote economic development

13 on reservations of the Sioux Nation and provide in14 vestors that contribute to that development a greater

15 degree of certainty and confidence by—

16 (A) reconciling conflicting tribal laws; and

17 (B) strengthening tribal court systems;

18 (4) the reservations of the Sioux Nation—

19 (A) contain the poorest counties in the

20 United States; and

21 (B) lack adequate tools to promote eco22 nomic development and the creation of jobs;

23 (5) the establishment of a Native American

24 Economic Development Council will assist in pro-
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1 moting economic growth and reducing poverty on

2 reservations of the Sioux Nation by—

3 (A) coordinating economic development ef4 forts;

5 (B) centralizing expertise concerning Fed6 eral assistance; and

7 (C) facilitating the raising of funds from

8 private donations to meet matching require9 ments under certain Federal assistance pro10 grams;

11 (6) there is a need to enhance and strengthen

12 the capacity of Indian tribal governments and tribal

13 justice systems to address conflicts which impair re14 lationships within Indian communities and between

15 Indian and non-Indian communities and individuals;

16 and

17 (7) the establishment of the National Native

18 American Mediation Training Center, with the tech19 nical assistance of tribal and Federal agencies, in20 cluding the Community Relations Service of the De21 partment of Justice, would enhance and strengthen

22 the mediation skills that are useful in reducing ten23 sions and resolving conflicts in Indian communities

24 and between Indian and non-Indian communities

25 and individuals.
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1 SEC. 702. DEFINITIONS.

2 In this title:

3 (1) INDIAN TRIBE.—The term ‘‘Indian tribe’’

4 has the meaning given that term in section 4(e) of

5 the Indian Self-Determination and Education Assist6 ance Act (25 U.S.C. 450b(e)).

7 (2) SECRETARY.—The term ‘‘Secretary’’ means

8 the Secretary of the Interior.

9 (3) SIOUX NATION.—The term ‘‘Sioux Nation’’

10 means the Indian tribes comprising the Sioux Na11 tion.

12 SEC. 703. RECONCILIATION CENTER.

13 (a) ESTABLISHMENT.—The Secretary of Housing

14 and Urban Development, in cooperation with the Sec15 retary, shall establish, in accordance with this section, a

16 reconciliation center, to be known as ‘‘Reconciliation

17 Place’’.

18 (b) LOCATION.—Notwithstanding any other provision

19 of law, the Secretary shall take into trust for the benefit

20 of the Sioux Nation the parcel of land in Stanley County,

21 South Dakota, that is described as ‘‘The Reconciliation

22 Place Addition’’ that is owned on the date of enactment

23 of this Act by the Wakpa Sica Historical Society, Inc.,

24 for the purpose of establishing and operating The Rec25 onciliation Place.
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1 (c) PURPOSES.—The purposes of Reconciliation

2 Place shall be as follows:

3 (1) To enhance the knowledge and under4 standing of the history of Native Americans by—

5 (A) displaying and interpreting the history,

6 art, and culture of Indian tribes for Indians

7 and non-Indians; and

8 (B) providing an accessible repository

9 for—

10 (i) the history of Indian tribes; and

11 (ii) the family history of members of

12 Indian tribes.

13 (2) To provide for the interpretation of the en14 counters between Lewis and Clark and the Sioux

15 Nation.

16 (3) To house the Sioux Nation Tribal Supreme

17 Court.

18 (4) To house the Native American Economic

19 Development Council.

20 (5) To house the National Native American Me21 diation Training Center to train tribal personnel in

22 conflict resolution and alternative dispute resolution.

23 (d) GRANT.—

24 (1) IN GENERAL.—The Secretary of Housing

25 and Urban Development shall offer to award a grant
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1 to the Wakpa Sica Historical Society of Fort Pierre,

2 South Dakota, for the construction of Reconciliation

3 Place.

4 (2) GRANT AGREEMENT.—

5 (A) IN GENERAL.—As a condition to re6 ceiving the grant under this subsection, the ap7 propriate official of the Wakpa Sica Historical

8 Society shall enter into a grant agreement with

9 the Secretary of Housing and Urban Develop10 ment.

11 (B) CONSULTATION.—Before entering into

12 a grant agreement under this paragraph, the

13 Secretary of Housing and Urban Development

14 shall consult with the Secretary concerning the

15 contents of the agreement.

16 (C) DUTIES OF THE WAKPA SICA HISTOR17 ICAL SOCIETY.—The grant agreement under

18 this paragraph shall specify the duties of the

19 Wakpa Sica Historical Society under this sec20 tion and arrangements for the maintenance of

21 Reconciliation Place.

22 (3) AUTHORIZATION OF APPROPRIATIONS.—

23 There are authorized to be appropriated to the De24 partment of Housing and Urban Development
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1 $18,258,441, to be used for the grant under this

2 section.

3 SEC. 704. SIOUX NATION SUPREME COURT AND NATIONAL

4 NATIVE AMERICAN MEDIATION TRAINING

5 CENTER.

6 (a) IN GENERAL.—To ensure the development and

7 operation of the Sioux Nation Tribal Supreme Court and

8 the National Native American Mediation Training Center,

9 the Attorney General of the United States shall use avail10 able funds to provide technical and financial assistance to

11 the Sioux Nation.

12 (b) AUTHORIZATION OF APPROPRIATIONS.—To carry

13 out this section, there are authorized to be appropriated

14 to the Department of Justice such sums as are necessary.

15 TITLE VIII—ERIE CANALWAY NATIONAL

16 HERITAGE CORRIDOR

17 SEC. 801. SHORT TITLE; DEFINITIONS.

18 (a) SHORT TITLE.—This title may be cited as the

19 ‘‘Erie Canalway National Heritage Corridor Act’’.

20 (b) DEFINITIONS.—For the purposes of this title, the

21 following definitions shall apply:

22 (1) ERIE CANALWAY.—The term ‘‘Erie

23 Canalway’’ means the 524 miles of navigable canal

24 that comprise the New York State Canal System, in25 cluding the Erie, Cayuga and Seneca, Oswego, and
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1 Champlain Canals and the historic alignments of

2 these canals, including the cities of Albany and Buf3 falo.

4 (2) CANALWAY PLAN.—The term ‘‘Canalway

5 Plan’’ means the comprehensive preservation and

6 management plan for the Corridor required under

7 section 806.

8 (3) COMMISSION.—The term ‘‘Commission’’

9 means the Erie Canalway National Heritage Cor10 ridor Commission established under section 804.

11 (4) CORRIDOR.—The term ‘‘Corridor’’ means

12 the Erie Canalway National Heritage Corridor es13 tablished under section 803.

14 (5) GOVERNOR.—The term ‘‘Governor’’ means

15 the Governor of the State of New York.

16 (6) SECRETARY.—The term ‘‘Secretary’’ means

17 the Secretary of the Interior.

18 SEC. 802. FINDINGS AND PURPOSES.

19 (a) FINDINGS.—Congress finds that—

20 (1) the year 2000 marks the 175th Anniversary

21 of New York State’s creation and stewardship of the

22 Erie Canalway for commerce, transportation, and

23 recreational purposes, establishing the network

24 which made New York the ‘‘Empire State’’ and the

25 Nation’s premier commercial and financial center;
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1 (2) the canals and adjacent areas that comprise

2 the Erie Canalway are a nationally significant re3 source of historic and recreational value, which merit

4 Federal recognition and assistance;

5 (3) the Erie Canalway was instrumental in the

6 establishment of strong political and cultural ties be7 tween New England, upstate New York, and the old

8 Northwest and facilitated the movement of ideas and

9 people ensuring that social reforms like the abolition

10 of slavery and the women’s rights movement spread

11 across upstate New York to the rest of the country;

12 (4) the construction of the Erie Canalway was

13 considered a supreme engineering feat, and most

14 American canals were modeled after New York

15 State’s canal;

16 (5) at the time of construction, the Erie

17 Canalway was the largest public works project ever

18 undertaken by a State, resulting in the creation of

19 critical transportation and commercial routes to

20 transport passengers and goods;

21 (6) the Erie Canalway played a key role in

22 turning New York City into a major port and New

23 York State into the preeminent center for commerce,

24 industry, and finance in North America and pro25 vided a permanent commercial link between the Port
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1 of New York and the cities of eastern Canada, a cor2 nerstone of the peaceful relationship between the two

3 countries;

4 (7) the Erie Canalway proved the depth and

5 force of American ingenuity, solidified a national

6 identity, and found an enduring place in American

7 legend, song, and art;

8 (8) there is national interest in the preservation

9 and interpretation of the Erie Canalway’s important

10 historical, natural, cultural, and scenic resources;

11 and

12 (9) partnerships among Federal, State, and

13 local governments and their regional entities, non14 profit organizations, and the private sector offer the

15 most effective opportunities for the preservation and

16 interpretation of the Erie Canalway.

17 (b) PURPOSES.—The purposes of this title are—

18 (1) to designate the Erie Canalway National

19 Heritage Corridor;

20 (2) to provide for and assist in the identifica21 tion, preservation, promotion, maintenance, and in22 terpretation of the historical, natural, cultural, sce23 nic, and recreational resources of the Erie Canalway

24 in ways that reflect its national significance for the

25 benefit of current and future generations;
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1 (3) to promote and provide access to the Erie

2 Canalway’s historical, natural, cultural, scenic, and

3 recreational resources;

4 (4) to provide a framework to assist the State

5 of New York, its units of local government, and the

6 communities within the Erie Canalway in the devel7 opment of integrated cultural, historical, rec8 reational, economic, and community development

9 programs in order to enhance and interpret the

10 unique and nationally significant resources of the

11 Erie Canalway; and

12 (5) to authorize Federal financial and technical

13 assistance to the Commission to serve these pur14 poses for the benefit of the people of the State of

15 New York and the Nation.

16 SEC. 803. THE ERIE CANALWAY NATIONAL HERITAGE COR17 RIDOR.

18 (a) ESTABLISHMENT.—To carry out the purposes of

19 this title there is established the Erie Canalway National

20 Heritage Corridor in the State of New York.

21 (b) BOUNDARIES.—The boundaries of the Corridor

22 shall include those lands generally depicted on a map enti23 tled ‘‘Erie Canalway National Heritage Area’’ numbered

24 ERIE/80,000 and dated October 2000. This map shall be

25 on file and available for public inspection in the appro-
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1 priate office of the National Park Service, the office of

2 the Commission, and the office of the New York State

3 Canal Corporation in Albany, New York.

4 (c) OWNERSHIP AND OPERATION OF THE NEW YORK

5 STATE CANAL SYSTEM.—The New York State Canal Sys6 tem shall continue to be owned, operated, and managed

7 by the State of New York.

8 SEC. 804. THE ERIE CANALWAY NATIONAL HERITAGE COR9 RIDOR COMMISSION.

10 (a) ESTABLISHMENT.—There is established the Erie

11 Canalway National Heritage Corridor Commission. The

12 purpose of the Commission shall be—

13 (1) to work with Federal, State, and local au14 thorities to develop and implement the Canalway

15 Plan; and

16 (2) to foster the integration of canal-related his17 torical, cultural, recreational, scenic, economic, and

18 community development initiatives within the Cor19 ridor.

20 (b) MEMBERSHIP.—The Commission shall be com21 posed of 27 members as follows:

22 (1) The Secretary of the Interior, ex officio or

23 the Secretary’s designee.

24 (2) Seven members, appointed by the Secretary

25 after consideration of recommendations submitted by
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1 the Governor and other appropriate officials, with

2 knowledge and experience of the following agencies

3 or those agencies’ successors: The New York State

4 Secretary of State, the New York State Department

5 of Environment Conservation, the New York State

6 Office of Parks, Recreation and Historic Preserva7 tion, the New York State Department of Agriculture

8 and Markets, the New York State Department of

9 Transportation, and the New York State Canal Cor10 poration, and the Empire State Development Cor11 poration.

12 (3) The remaining 19 members who reside

13 within the Corridor and are geographically dispersed

14 throughout the Corridor shall be from local govern15 ments and the private sector with knowledge of tour16 ism, economic and community development, regional

17 planning, historic preservation, cultural or natural

18 resource management, conservation, recreation, and

19 education or museum services. These members will

20 be appointed by the Secretary as follows:

21 (A) Eleven members based on a rec22 ommendation from each member of the United

23 States House of Representatives whose district

24 shall encompass the Corridor. Each shall be a
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1 resident of the district from which they shall be

2 recommended.

3 (B) Two members based on a rec4 ommendation from each United States Senator

5 from New York State.

6 (C) Six members who shall be residents of

7 any county constituting the Corridor. One such

8 member shall have knowledge and experience of

9 the Canal Recreationway Commission.

10 (c) APPOINTMENTS AND VACANCIES.—Members of

11 the Commission other than ex officio members shall be

12 appointed for terms of 3 years. Of the original appoint13 ments, six shall be for a term of 1 year, six shall be for

14 a term of 2 years, and seven shall be for a term of 3 years.

15 Any member of the Commission appointed for a definite

16 term may serve after expiration of the term until the suc17 cessor of the member is appointed. Any member appointed

18 to fill a vacancy shall serve for the remainder of the term

19 for which the predecessor was appointed. Any vacancy on

20 the Commission shall be filled in the same manner in

21 which the original appointment was made.

22 (d) COMPENSATION.—Members of the Commission

23 shall receive no compensation for their service on the Com24 mission. Members of the Commission, other than employ25 ees of the State and Canal Corporation, while away from
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1 their homes or regular places of business to perform serv2 ices for the Commission, shall be allowed travel expenses,

3 including per diem in lieu of subsistence, in the same man4 ner as persons employed intermittently in Government

5 service are allowed under section 5703 of title 5, United

6 States Code.

7 (e) ELECTION OF OFFICES.—The Commission shall

8 elect the chairperson and the vice chairperson on an an9 nual basis. The vice chairperson shall serve as the chair10 person in the absence of the chairperson.

11 (f ) QUORUM AND VOTING.—Fourteen members of

12 the Commission shall constitute a quorum but a lesser

13 number may hold hearings. Any member of the Commis14 sion may vote by means of a signed proxy exercised by

15 another member of the Commission, however, any member

16 voting by proxy shall not be considered present for pur17 poses of establishing a quorum. For the transaction of any

18 business or the exercise of any power of the Commission,

19 the Commission shall have the power to act by a majority

20 vote of the members present at any meeting at which a

21 quorum is in attendance.

22 (g) MEETINGS.—The Commission shall meet at least

23 quarterly at the call of the chairperson or 14 of its mem24 bers. Notice of Commission meetings and agendas for the

25 meeting shall be published in local newspapers throughout
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1 the Corridor. Meetings of the Commission shall be subject

2 to section 552b of title 5, United States Code (relating

3 to open meetings).

4 (h) POWERS OF THE COMMISSION.—To the extent

5 that Federal funds are appropriated, the Commission is

6 authorized—

7 (1) to procure temporary and intermittent serv8 ices and administrative facilities at rates determined

9 to be reasonable by the Commission to carry out the

10 responsibilities of the Commission;

11 (2) to request and accept the services of per12 sonnel detailed from the State of New York or any

13 political subdivision, and to reimburse the State or

14 political subdivision for such services;

15 (3) to request and accept the services of any

16 Federal agency personnel, and to reimburse the Fed17 eral agency for such services;

18 (4) to appoint and fix the compensation of staff

19 to carry out its duties;

20 (5) to enter into cooperative agreements with

21 the State of New York, with any political subdivision

22 of the State, or any person for the purposes of car23 rying out the duties of the Commission;

24 (6) to make grants to assist in the preparation

25 and implementation of the Canalway Plan;
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1 (7) to seek, accept, and dispose of gifts, be2 quests, grants, or donations of money, personal

3 property, or services, received from any source. For

4 purposes of section 170(c) of the Internal Revenue

5 Code of 1986, any gift to the Commission shall be

6 deemed to be a gift to the United States;

7 (8) to assist others in developing educational,

8 informational, and interpretive programs and facili9 ties, and other such activities that may promote the

10 implementation of the Canalway Plan;

11 (9) to hold hearings, sit and act at such times

12 and places, take such testimony, and receive such

13 evidence, as the Commission may consider appro14 priate; the Commission may not issue subpoenas or

15 exercise any subpoena authority;

16 (10) to use the United States mails in the same

17 manner as other departments or agencies of the

18 United States;

19 (11) to request and receive from the Adminis20 trator of General Services, on a reimbursable basis,

21 such administrative support services as the Commis22 sion may request; and

23 (12) to establish such advisory groups as the

24 Commission deems necessary.
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1 (i) ACQUISITION OF PROPERTY.—Except as provided

2 for leasing administrative facilities under section

3 804(h)(1), the Commission may not acquire any real prop4 erty or interest in real property.

5 ( j) TERMINATION.—The Commission shall terminate

6 on the day occurring 10 years after the date of enactment

7 of this title.

8 SEC. 805. DUTIES OF THE COMMISSION.

9 (a) PREPARATION OF CANALWAY PLAN.—Not later

10 than 3 years after the Commission receives Federal fund11 ing for this purpose, the Commission shall prepare and

12 submit a comprehensive preservation and management

13 Canalway Plan for the Corridor to the Secretary and the

14 Governor for review and approval. In addition to the re15 quirements outlined for the Canalway Plan in section 806,

16 the Canalway Plan shall incorporate and integrate existing

17 Federal, State, and local plans to the extent appropriate

18 regarding historic preservation, conservation, education

19 and interpretation, community development, and tourism20 related economic development for the Corridor that are

21 consistent with the purpose of this title. The Commission

22 shall solicit public comment on the development of the

23 Canalway Plan.

24 (b) IMPLEMENTATION OF CANALWAY PLAN.—After

25 the Commission receives Federal funding for this purpose,
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1 and after review and upon approval of the Canalway Plan

2 by the Secretary and the Governor, the Commission

3 shall—

4 (1) undertake action to implement the

5 Canalway Plan so as to assist the people of the

6 State of New York in enhancing and interpreting

7 the historical, cultural, educational, natural, scenic,

8 and recreational potential of the Corridor identified

9 in the Canalway Plan; and

10 (2) support public and private efforts in con11 servation and preservation of the Canalway’s cul12 tural and natural resources and economic revitaliza13 tion consistent with the goals of the Canalway Plan.

14 (c) PRIORITY ACTIONS.—Priority actions which may

15 be carried out by the Commission under section 805(b),

16 include—

17 (1) assisting in the appropriate preservation

18 treatment of the remaining elements of the original

19 Erie Canal;

20 (2) assisting State, local governments, and non21 profit organizations in designing, establishing, and

22 maintaining visitor centers, museums, and other in23 terpretive exhibits in the Corridor;
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1 (3) assisting in the public awareness and appre2 ciation for the historic, cultural, natural, scenic, and

3 recreational resources and sites in the Corridor;

4 (4) assisting the State of New York, local gov5 ernments, and nonprofit organizations in the preser6 vation and restoration of any historic building, site,

7 or district in the Corridor;

8 (5) encouraging, by appropriate means, en9 hanced economic development in the Corridor con10 sistent with the goals of the Canalway Plan and the

11 purposes of this title; and

12 (6) ensuring that clear, consistent signs identi13 fying access points and sites of interest are put in

14 place in the Corridor.

15 (d) ANNUAL REPORTS AND AUDITS.—For any year

16 in which Federal funds have been received under this title,

17 the Commission shall submit an annual report and shall

18 make available an audit of all relevant records to the Gov19 ernor and the Secretary identifying its expenses and any

20 income, the entities to which any grants or technical as21 sistance were made during the year for which the report

22 was made, and contributions by other parties toward

23 achieving Corridor purposes.
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1 SEC. 806. CANALWAY PLAN.

2 (a) CANALWAY PLAN REQUIREMENTS.—The

3 Canalway Plan shall—

4 (1) include a review of existing plans for the

5 Corridor, including the Canal Recreationway Plan

6 and Canal Revitalization Program, and incorporate

7 them to the extent feasible to ensure consistence

8 with local, regional, and State planning efforts;

9 (2) provide a thematic inventory, survey, and

10 evaluation of historic properties that should be con11 served, restored, developed, or maintained because of

12 their natural, cultural, or historic significance within

13 the Corridor in accordance with the regulations for

14 the National Register of Historic Places;

15 (3) identify public and private-sector preserva16 tion goals and strategies for the Corridor;

17 (4) include a comprehensive interpretive plan

18 that identifies, develops, supports, and enhances in19 terpretation and education programs within the Cor20 ridor that may include—

21 (A) research related to the construction

22 and history of the canals and the cultural herit23 age of the canal workers, their families, those

24 that traveled along the canals, the associated

25 farming activities, the landscape, and the com26 munities;
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1 (B) documentation of and methods to sup2 port the perpetuation of music, art, poetry, lit3 erature and folkways associated with the canals;

4 and

5 (C) educational and interpretative pro6 grams related to the Erie Canalway developed

7 in cooperation with State and local govern8 ments, educational institutions, and nonprofit

9 institutions;

10 (5) include a strategy to further the rec11 reational development of the Corridor that will en12 able users to uniquely experience the canal system;

13 (6) propose programs to protect, interpret, and

14 promote the Corridor’s historical, cultural, rec15 reational, educational, scenic, and natural resources;

16 (7) include an inventory of canal-related nat17 ural, cultural and historic sites and resources located

18 in the Area;

19 (8) recommend Federal, State, and local strate20 gies and policies to support economic development,

21 especially tourism-related development and recre22 ation, consistent with the purposes of the Corridor;

23 (9) develop criteria and priorities for financial

24 preservation assistance;
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1 (10) identify and foster strong cooperative rela2 tionships between the National Park Service, the

3 New York State Canal Corporation, other Federal

4 and State agencies, and nongovernmental organiza5 tions;

6 (11) recommend specific areas for development

7 of interpretive, educational, and technical assistance

8 centers associated with the Corridor; and

9 (12) contain a program for implementation of

10 the Canalway Plan by all necessary parties.

11 (b) APPROVAL OF THE CANALWAY PLAN.—The Sec12 retary and the Governor shall approve or disapprove the

13 Canalway Plan not later than 90 days after receiving the

14 Canalway Plan.

15 (c) CRITERIA.—The Secretary may not approve the

16 plan unless the Secretary finds that the plan, if imple17 mented, would adequately protect the significant histor18 ical, cultural, natural, and recreational resources of the

19 Corridor and consistent with such protection provide ade20 quate and appropriate outdoor recreational opportunities

21 and economic activities within the Corridor. In deter22 mining whether or not to approve the Canalway Plan, the

23 Secretary shall consider whether—

24 (1) the Commission has afforded adequate op25 portunity, including public hearings, for public and
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1 governmental involvement in the preparation of the

2 Canalway Plan; and

3 (2) the Secretary has received adequate assur4 ances from the Governor and appropriate State offi5 cials that the recommended implementation program

6 identified in the plan will be initiated within a rea7 sonable time after the date of approval of the

8 Canalway Plan and such program will ensure effec9 tive implementation of State and local aspects of the

10 Canalway Plan.

11 (d) DISAPPROVAL OF CANALWAY PLAN.—If the Sec12 retary or the Governor do not approve the Canalway Plan,

13 the Secretary or the Governor shall advise the Commission

14 in writing within 90 days the reasons therefore and shall

15 indicate any recommendations for revisions. Following

16 completion of any necessary revisions of the Canalway

17 Plan, the Secretary and the Governor shall have 90 days

18 to either approve or disapprove of the revised Canalway

19 Plan.

20 (e) AMENDMENTS TO CANALWAY PLAN.—The Sec21 retary and the Governor shall review substantial amend22 ments to the Canalway Plan. Funds appropriated pursu23 ant to this title may not be expended to implement the

24 changes made by such amendments until the Secretary

25 and the Governor approve the amendments.
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1 SEC. 807. DUTIES OF THE SECRETARY.

2 (a) IN GENERAL.—The Secretary is authorized to as3 sist the Commission in the preparation of the Canalway

4 Plan.

5 (b) TECHNICAL ASSISTANCE.—Pursuant to an ap6 proved Canalway Plan, the Secretary is authorized to

7 enter into cooperative agreements with, provide technical

8 assistance to and award grants to the Commission to pro9 vide for the preservation and interpretation of the natural,

10 cultural, historical, recreational, and scenic resources of

11 the Corridor, if requested by the Commission.

12 (c) EARLY ACTIONS.—Prior to approval of the

13 Canalway Plan, with the approval of the Commission, the

14 Secretary may provide technical and planning assistance

15 for early actions that are important to the purposes of

16 this title and that protect and preserve resources.

17 (d) CANALWAY PLAN IMPLEMENTATION.—Upon ap18 proval of the Canalway Plan, the Secretary is authorized

19 to implement those activities that the Canalway Plan has

20 identified that are the responsibility of the Secretary or

21 agent of the Secretary to undertake in the implementation

22 of the Canalway Plan.

23 (e) DETAIL.—Each fiscal year during the existence

24 of the Commission and upon the request of the Commis25 sion, the Secretary shall detail to the Commission, on a

26 nonreimbursable basis, two employees of the Department
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1 of the Interior to enable the Commission to carry out the

2 Commission’s duties with regard to the preparation and

3 approval of the Canalway Plan. Such detail shall be with4 out interruption or loss of civil service status, benefits, or

5 privileges.

6 SEC. 808. DUTIES OF OTHER FEDERAL ENTITIES.

7 Any Federal entity conducting or supporting any ac8 tivity directly affecting the Corridor, and any unit of Gov9 ernment acting pursuant to a grant of Federal funds or

10 a Federal permit or agreement conducting or supporting

11 such activities may—

12 (1) consult with the Secretary and the Commis13 sion with respect to such activities;

14 (2) cooperate with the Secretary and the Com15 mission in carrying out their duties under this title

16 and coordinate such activities with the carrying out

17 of such duties; and

18 (3) conduct or support such activities in a man19 ner consistent with the Canalway Plan unless the

20 Federal entity, after consultation with the Secretary

21 and the Commission, determines there is no prac22 ticable alternative.

23 SEC. 809. SAVINGS PROVISIONS.

24 (a) AUTHORITY OF GOVERNMENTS.—Nothing in this

25 title shall be construed to modify, enlarge, or diminish any
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1 authority of the Federal, State, or local governments to

2 regulate any use of land as provided for by law or regula3 tion.

4 (b) ZONING OR LAND.—Nothing in this title shall be

5 construed to grant powers of zoning or land use to the

6 Commission.

7 (c) LOCAL AUTHORITY AND PRIVATE PROPERTY.—

8 Nothing in this title shall be construed to affect or to au9 thorize the Commission to interfere with—

10 (1) the rights of any person with respect to pri11 vate property;

12 (2) any local zoning ordinance or land use plan

13 of the State of New York or political subdivision

14 thereof; or

15 (3) any State or local canal-related development

16 plans including but not limited to the Canal

17 Recreationway Plan and the Canal Revitalization

18 Program.

19 (d) FISH AND WILDLIFE.—The designation of the

20 Corridor shall not be diminish the authority of the State

21 of New York to manage fish and wildlife, including the

22 regulation of fishing and hunting within the Corridor.

23 SEC. 810. AUTHORIZATION OF APPROPRIATIONS.

24 (a) IN GENERAL.—
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1 (1) CORRIDOR.—There is authorized to be ap2 propriated for the Corridor not more than

3 $1,000,000 for any fiscal year. Not more than a

4 total of $10,000,000 may be appropriated for the

5 Corridor under this title.

6 (2) MATCHING REQUIREMENT.—Federal fund7 ing provided under this paragraph may not exceed

8 50 percent of the total cost of any activity carried

9 out with such funds. The non-Federal share of such

10 support may be in the form of cash, services, or in11 kind contributions, fairly valued.

12 (b) OTHER FUNDING.—In addition to the sums au13 thorized in subsection (a), there are authorized to be ap14 propriated to the Secretary of the Interior such sums as

15 are necessary for the Secretary for planning and technical

16 assistance.

17 TITLE IX—LAW ENFORCEMENT PAY EQUITY

18 SEC. 901. SHORT TITLE.

19 This title may be cited as the ‘‘Law Enforcement Pay

20 Equity Act of 2000’’.
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1 SEC. 902. ESTABLISHMENT OF UNIFORM SALARY SCHED2 ULE FOR UNITED STATES SECRET SERVICE

3 UNIFORMED DIVISION AND UNITED STATES

4 PARK POLICE.

5 (a) IN GENERAL.—Section 501(c)(1) of the District

6 of Columbia Police and Firemen’s Salary Act of 1958 (sec.

7 4–416(c)(1), D.C. Code) is amended to read as follows:

8 ‘‘(c)(1) The annual rates of basic compensation of of9 ficers and members of the United States Secret Service

10 Uniformed Division and the United States Park Police,

11 serving in classes corresponding or similar to those in the

12 salary schedule in section 101, shall be fixed in accordance

13 with the following schedule of rates:

‘‘Salary class and title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7

Time between steps 52 weeks 104 weeks

Years in service 123579

1: Private ........................ 32,623 34,587 36,626 38,306 41,001 43,728 45,407

3: Detective ..................... 42,378 44,502 46,620 48,746 50,837

4: Sergeant ...................... 46,151 48,446 50,746 53,056

5: Lieutenant 1 ................ 50,910 53,462 56,545

7: Captain 1 ..................... 59,802 62,799

8: Inspector/Major 1 ........ 69,163 72,760

9: Deputy Chief 1 ............ 79,768 85,158

10: Assistant Chief 2

11: Chief, United States

Secret Service Uniformed Division,

United States Park Police 3

1The rate of basic pay for positions in Salary Class 5, 7, 8, and 9 is limited to 95 percent of the rate of pay for

level V of the Executive Schedule. 2The rate of basic pay for positions in Salary Class 10 will be equal to 95 percent of the rate of pay for level V

of the Executive Schedule. 3The rate of basic pay for positions in Salary Class 11 will be equal to the rate of pay for level V of the Executive Schedule.

‘‘Salary class and title Step 8 Step 9 Step 10 Step 11 Step 12 Step 13 Step 14

Time between steps 104 weeks 156 weeks 208 weeks

Years in service 11 13 15 18 22 26 30

1: Private ........................ 47,107 48,801 50,498 53,448 55,394 57,036 58,746

3: Detective ..................... 52,972 55,086 57,204 61,212 63,337 65,462 67,426

4: Sergeant ...................... 55,372 57,691 59,999 63,558 65,867 68,176 70,221

5: Lieutenant 1 ................ 59,120 61,688 64,258 68,197 70,744 73,290 75,489

7: Captain 1 ..................... 65,797 68,757 71,747 76,292 79,309 82,325 84,796

8: Inspector/Major 1 ........ 76,542 80,524 83,983 87,645 91,827 95,464 99,075

9: Deputy Chief 1 ............ 90,578 95,980 99,968 103,957 107,945 111,933 115,291

10: Assistant Chief 2
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‘‘Salary class and title Step 8 Step 9 Step 10 Step 11 Step 12 Step 13 Step 14

11: Chief, United States

Secret Service Uniformed Division,

United States Park Police 3

1The rate of basic pay for positions in Salary Class 5, 7, 8, and 9 is limited to 95 percent of the rate of pay for

level V of the Executive Schedule. 2The rate of basic pay for positions in Salary Class 10 will be equal to 95 percent of the rate of pay for level V

of the Executive Schedule. 3The rate of basic pay for positions in Salary Class 11 will be equal to the rate of pay for level V of the Executive Schedule.

1 (b) FREEZE OF CURRENT RATE FOR LOCALITY2 BASED COMPARABILITY ADJUSTMENTS.—Notwith3 standing any other provision of law, including this title

4 or any provision of law amended by this title, no officer

5 or member of the United States Secret Service Uniformed

6 Division or the United States Park Police may be paid

7 locality pay under section 5304 or section 5304a of title

8 5, United States Code, at a percentage rate for the appli9 cable locality in excess of the rate in effect for pay periods

10 during calendar year 2000.

11 (c) CONFORMING AMENDMENTS.—

12 (1) APPLICATION OF PROVISIONS TO PARK PO13 LICE.—Section 501(c) of such Act (sec. 4–416(c),

14 D.C. Code) is amended—

15 (A) in paragraph (2), by striking ‘‘Treas16 ury’’ and inserting the following: ‘‘Treasury,

17 and the annual rates of basic compensation of

18 officers and members of the United States Park

19 Police shall be adjusted by the Secretary of the

20 Interior,’’;
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1 (B) in paragraph (5), by inserting after

2 ‘‘Uniformed Division’’ the following: ‘‘or officers

3 and members of the United States Park Po4 lice’’;

5 (C) in paragraph (6)(A), by inserting after

6 ‘‘Uniformed Division’’ the following: ‘‘or the

7 United States Park Police’’; and

8 (D) in paragraph (7)(A), by inserting after

9 ‘‘Uniformed Division’’ the following: ‘‘or the

10 United States Park Police’’.

11 (2) TERMINATION OF CURRENT ADJUSTMENT

12 AUTHORITY.—Section 501(b) of such Act (sec. 4–

13 416(b), D.C. Code) is amended by adding at the end

14 the following new paragraph:

15 ‘‘(4) This subsection shall not apply with respect to

16 any pay period for which the salary schedule under sub17 section (c) applies to the United States Park Police.’’.

18 SEC. 903. REVISION OF CAPS ON MAXIMUM COMPENSA19 TION.

20 (a) ANNUAL SALARY UNDER SCHEDULE.—Section

21 501(c)(2) of the District of Columbia Police and Fire22 men’s Salary Act of 1958 (sec. 4–416(c)(2), D.C. Code)

23 is amended by striking the period at the end and inserting

24 the following: ‘‘, except that in no case may the annual

25 rate of basic compensation for any such officer or member
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1 exceed the rate of basic pay payable for level IV of the

2 Executive Schedule contained in subchapter II of chapter

3 53 of title 5, United States Code.’’.

4 (b) REPEAL OF CAP ON COMBINED BASIC PAY AND

5 LONGEVITY PAY.—Section 501(c) of such Act (sec. 4–

6 416(c), D.C. Code) is amended by striking paragraph (4).

7 (c) LIMITATION ON PAY PERIOD EARNINGS FOR

8 COMP TIME.—Section 1(h) of the Act entitled ‘‘An Act

9 to provide a 5-day week for officers and members of the

10 Metropolitan Police force, the United States Park Police

11 force, and the White House Police force, and for other

12 purposes’’, approved August 15, 1950 (sec. 4–1104(h),

13 D.C. Code), is amended—

14 (1) in paragraphs (1) and (2), by striking

15 ‘‘Metropolitan Police force; or of the Fire Depart16 ment of the District of Columbia; or of the United

17 States Park Police’’ each place it appears and in18 serting ‘‘Metropolitan Police force or of the Fire De19 partment of the District of Columbia’’; and

20 (2) in paragraph (3), by inserting after ‘‘United

21 States Secret Service Uniformed Division’’ each

22 place it appears the following: ‘‘or of the United

23 States Park Police’’.
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1 SEC. 904. DETERMINATION OF SERVICE STEP ADJUST2 MENTS.

3 (a) METHOD FOR DETERMINATION OF ADJUST4 MENTS.—Section 303(a) of the District of Columbia Po5 lice and Firemen’s Salary Act of 1958 (sec. 4–412(a),

6 D.C. Code) is amended—

7 (1) in the matter preceding paragraph (1), by

8 ‘‘Each’’ and inserting ‘‘Except as provided in para9 graph (5), each’’; and

10 (2) by adding at the end the following new

11 paragraph:

12 ‘‘(5) Each officer and member of the United

13 States Secret Service Uniformed Division and the

14 United States Park Police with a current perform15 ance rating of ‘satisfactory’ or better, shall have a

16 service step adjustment in the following manner:

17 ‘‘(A) Each officer and member in service

18 step 1, 2, or 3 shall be advanced in compensa19 tion successively to the next higher service step

20 at the beginning of the 1st pay period imme21 diately subsequent to the completion of 52 cal22 endar weeks of active service in the officer’s or

23 member’s service step.

24 ‘‘(B) Each officer and member in service

25 step 4, 5, 6, 7, 8, or 9 shall be advanced in

26 compensation successively to the next higher
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1 service step at the beginning of the 1st pay pe2 riod immediately subsequent to the completion

3 of 104 calendar weeks of active service in the

4 officer’s or member’s service step.

5 ‘‘(C) Each officer and member in service

6 step 10 shall be advanced in compensation suc7 cessively to the next higher service step at the

8 beginning of the 1st pay period immediately

9 subsequent to the completion of 156 calendar

10 weeks of active service in the officer’s or mem11 ber’s service step.

12 ‘‘(D) Each officer and member in service

13 steps 11, 12, or 13 shall be advanced in com14 pensation successively to the next higher service

15 step at the beginning of the 1st pay period im16 mediately subsequent to the completion of 208

17 calendar weeks of active service in the officer’s

18 or member’s service step.’’.

19 (b) USE OF TOTAL CREDITABLE SERVICE TO DE20 TERMINE STEP PLACEMENT.—Section 304 of such Act

21 (sec. 4–413, D.C. Code) is amended—

22 (1) in subsection (a), by striking ‘‘(b)’’ and in23 serting ‘‘(b) or (c)’’; and

24 (2) by adding at the end the following new sub25 section:
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1 ‘‘(c)(1) Each officer and member of the United States

2 Secret Service Uniformed Division or the United States

3 Park Police who is promoted or transferred to a higher

4 salary shall receive basic compensation in accordance with

5 the officer’s or member’s total creditable service.

6 ‘‘(2) For purposes of this subsection, an officer’s or

7 member’s creditable service is any police service in pay

8 status with the United States Secret Service Uniformed

9 Division, United States Park Police, or Metropolitan Po10 lice Department.’’.

11 (c) CONFORMING AMENDMENT.—Section 401(a) of

12 such Act (sec. 4–415(a), D.C. Code) is amended by adding

13 at the end the following new paragraph:

14 ‘‘(4) This subsection shall not apply to officers and

15 members of the United States Secret Service Uniformed

16 Division or the United States Park Police.’’.

17 SEC. 905. CONVERSION TO NEW SALARY SCHEDULE.

18 (a) IN GENERAL.—

19 (1) DETERMINATION OF RATES OF BASIC

20 PAY.—Effective on the first day of the 1st pay pe21 riod beginning 6 months after the date of enactment

22 of this Act, the Secretary of the Treasury shall fix

23 the rates of basic pay for officers and members of

24 the United States Secret Service Uniformed Divi25 sion, and the Secretary of the Interior shall fix the
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1 rates of basic pay for officers and members of the

2 United States Park Police, in accordance with this

3 subsection.

4 (2) PLACEMENT ON REVISED SALARY SCHED5 ULE.—

6 (A) IN GENERAL.—Each officer and mem7 ber shall be placed in and receive basic com8 pensation at the corresponding scheduled serv9 ice step of the salary schedule under section

10 501(c) of the District of Columbia Police and

11 Firemen’s Salary Act of 1958 (as amended by

12 section 902(a)) in accordance with the mem13 ber’s total years of creditable service, receiving

14 credit for all service step adjustments. If the

15 scheduled rate of pay for the step to which the

16 officer or member would be assigned in accord17 ance with this paragraph is lower than the offi18 cer’s or member’s salary immediately prior to

19 the enactment of this paragraph, the officer or

20 member will be placed in and receive compensa21 tion at the next higher service step.

22 (B) CREDIT FOR INCREASES DURING

23 TRANSITION.—Each member whose position is

24 to be converted to the salary schedule under

25 section 501(b) of the District of Columbia Po-
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1 lice and Firemen’s Salary Act of 1958 (as

2 amended by subsection (a)) and who, prior to

3 the effective date of this section has earned, but

4 has not been credited with, an increase in his

5 or her rate of pay shall be afforded that in6 crease before such member is placed in the cor7 responding service step in the salary schedule

8 under section 501(b).

9 (C) CREDITABLE SERVICE DESCRIBED.—

10 For purposes of this paragraph, an officer’s or

11 member’s creditable service is any police service

12 in pay status with the United States Secret

13 Service Uniformed Division, United States Park

14 Police, or Metropolitan Police Department.

15 (b) HOLD HARMLESS FOR CURRENT TOTAL COM16 PENSATION.—Notwithstanding any other provision of law,

17 if the total rate of compensation for an officer or employee

18 for any pay period occurring after conversion to the salary

19 schedule pursuant to subsection (a) (determined by taking

20 into account any locality-based comparability adjustments,

21 longevity pay, and other adjustments paid in addition to

22 the rate of basic compensation) is less than the officer’s

23 or employee’s total rate of compensation (as so deter24 mined) on the date of enactment, the rate of compensation
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1 for the officer or employee for the pay period shall be

2 equal to—

3 (1) the rate of compensation on the date of en4 actment (as so determined); increased by

5 (2) a percentage equal to 50 percent of sum of

6 the percentage adjustments made in the rate of

7 basic compensation under section 501(c) of the Dis8 trict of Columbia Police and Firemen’s Salary Act of

9 1958 (as amended by subsection (a)) for pay periods

10 occurring after the date of enactment and prior to

11 the pay period involved.

12 (c) CONVERSION NOT TREATED AS TRANSFER OR

13 PROMOTION.—The conversion of positions and individuals

14 to appropriate classes of the salary schedule under section

15 501(c) of the District of Columbia Police and Firemen’s

16 Salary Act of 1958 (as amended by section 902(a)) and

17 the initial adjustments of rates of basic pay of those posi18 tions and individuals in accordance with subsection (a)

19 shall not be considered to be transfers or promotions with20 in the meaning of section 304 of the District of Columbia

21 Police and Firemen’s Salary Act of 1958 (sec. 4–413,

22 D.C. Code).

23 (d) TRANSFER OF CREDIT FOR SATISFACTORY SERV24 ICE.—Each individual whose position is converted to the

25 salary schedule under section 501(c) of the District of Co-
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1 lumbia Police and Firemen’s Salary Act of 1958 (as

2 amended by section 902(a)) in accordance with subsection

3 (a) shall be granted credit for purposes of such individ4 ual’s first service step adjustment under the salary sched5 ule in such section 501(c) for all satisfactory service per6 formed by the individual since the individual’s last in7 crease in basic pay prior to the adjustment under that sec8 tion.

9 (e) ADJUSTMENT TO TAKE INTO ACCOUNT GEN10 ERAL SCHEDULE ADJUSTMENTS DURING TRANSITION.—

11 The rates provided under the salary schedule under sec12 tion 501(c) of the District of Columbia Police and Fire13 men’s Salary Act of 1958 (as amended by section 902(a))

14 shall be increased by the percentage of any annual adjust15 ment applicable to the General Schedule authorized under

16 section 5303 of title 5, United States Code, which takes

17 effect during the period which begins on the date of the

18 enactment of this Act and ends on the first day of the

19 first pay period beginning 6 months after the date of en20 actment of this Act.

21 (f ) CONVERSION NOT TREATED AS SALARY IN22 CREASE FOR PURPOSES OF CERTAIN PENSIONS AND AL23 LOWANCES.—The conversion of positions and individuals

24 to appropriate classes of the salary schedule under section

25 501(c) of the District of Columbia Police and Firemen’s
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1 Salary Act of 1958 (as amended by section 2(a)) and the

2 initial adjustments of rates of basic pay of those positions

3 and individuals in accordance with subsection (a) shall not

4 be treated as an increase in salary for purposes of section

5 3 of the Act entitled ‘‘An Act to provide increased pensions

6 for widows and children of deceased members of the Police

7 Department and the Fire Department of the District of

8 Columbia’’, approved August 4, 1949 (sec. 4–604, D.C.

9 Code), or section 301 of the District of Columbia Police

10 and Firemen’s Salary Act of 1953 (sec. 4–605, D.C.

11 Code).

12 SEC. 906. PAY ADJUSTMENTS FOR CERTAIN POSITIONS.

13 (a) TECHNICIAN DUTY.—Section 302 of the District

14 of Columbia Police and Firemen’s Salary Act of 1958 (sec.

15 4–411, D.C. Code) is amended—

16 (1) in subsection (b), by striking ‘‘$810 per

17 annum’’ and inserting the following: ‘‘$810 per

18 annum, except in the case of an officer or member

19 of the United States Secret Service Uniformed Divi20 sion or the United States Park Police, who shall re21 ceive a per annum amount equal to 6 percent of the

22 sum of such officer’s or member’s rate of basic com23 pensation plus locality pay adjustments’’;

24 (2) in subsection (c), by striking ‘‘$595 per

25 annum’’ each place it appears and inserting the fol-
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1 lowing: ‘‘$595 per annum, except in the case of an

2 officer or member of the United States Park Police,

3 who shall receive a per annum amount equal to 6

4 percent of the sum of such officer’s or member’s

5 rate of basic compensation plus locality pay adjust6 ments’’; and

7 (3) in subsection (e), by inserting after ‘‘When8 ever any officer or member’’ the following: ‘‘(other

9 than an officer or member of the United States Se10 cret Service Uniformed Division or the United

11 States Park Police)’’.

12 (b) HELICOPTER PILOT, BOMB DISPOSAL, OR SCUBA

13 DIVING DUTY.—Section 202 of such Act (sec. 4–408,

14 D.C. Code) is amended by striking ‘‘$2,270 per annum’’

15 and inserting the following: ‘‘$2,270 per annum, except

16 in the case of an officer or member of the United States

17 Park Police, who shall receive a per annum amount equal

18 to 7 percent of the sum of such officer’s or member’s rate

19 of basic compensation plus locality pay adjustments’’.

20 SEC. 907. CONFORMING PROVISIONS RELATING TO FED21 ERAL LAW ENFORCEMENT PAY REFORM ACT.

22 (a) TERMINATION OF EXISTING SPECIAL SALARY

23 RATES AND ADJUSTMENTS.—Beginning on the effective

24 date of this Act—
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1 (1) no existing special salary rates shall be au2 thorized for members of the United States Park Po3 lice under section 5305 of title 5, United States

4 Code (or any previous similar provision of law); and

5 (2) no special rates of pay or special pay ad6 justments shall be applicable to members of the

7 United States Park Police pursuant to section 405

8 of the Federal Law Enforcement Pay Reform Act of

9 1990.

10 (b) CONFORMING AMENDMENTS.—(1) Section

11 405(b) of the Federal Law Enforcement Pay Reform Act

12 of 1990 (5 U.S.C. 5303 note) is amended to read as fol13 lows:

14 ‘‘(b) This subsection applies with respect to any—

15 ‘‘(1) special agent within the Diplomatic Secu16 rity Service;

17 ‘‘(2) probation officer (referred to in section

18 3672 of title 18, United States Code); or

19 ‘‘(3) pretrial services officer (referred to in sec20 tion 3153 of title 18, United States Code).’’.

21 (2) Section 405(c) of such Act (5 U.S.C. 5303 note)

22 is amended to read as follows:

23 ‘‘(c) For purposes of this section, the term ‘appro24 priate agency head’ means—
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1 ‘‘(1) with respect to any individual under sub2 section (b)(1), the Secretary of State; or

3 ‘‘(2) with respect to any individual under sub4 section (b)(2) or (b)(3), the Director of the Adminis5 trative Office of the United States Courts.’’.

6 SEC. 908. SERVICE LONGEVITY PAYMENTS FOR METRO7 POLITAN POLICE DEPARTMENT.

8 (a) INCLUSION OF SERVICE LONGEVITY PAYMENTS

9 IN AMOUNT OF FEDERAL BENEFIT PAYMENTS MADE TO

10 METROPOLITAN POLICE DEPARTMENT OFFICERS AND

11 MEMBERS.—Section 11012 of the District of Columbia

12 Retirement Protection Act of 1997 (Public Law 105–33;

13 111 Stat. 718; D.C. Code, sec. 1–762.2) is amended by

14 adding at the end the following new subsection:

15 ‘‘(e) TREATMENT OF INCREASES IN CERTAIN POLICE

16 SERVICE LONGEVITY PAYMENTS.—For purposes of sub17 section (a), in determining the amount of a Federal ben18 efit payment made to an officer or member of the Metro19 politan Police Department, the benefit payment to which

20 the officer or member is entitled under the District Retire21 ment Program shall include any amounts which would

22 have been included in the benefit payment under such Pro23 gram if the amendments made by the Police Recruiting

24 and Retention Enhancement Amendment Act of 1999 had

25 taken effect prior to the freeze date.’’.
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1 (b) CONFORMING AMENDMENT.—Section 11003(5)

2 of such Act (Public Law 105–33; 111 Stat. 717; D.C.

3 Code, sec. 1–761.2(5)) is amended by inserting after ‘‘ex4 cept as’’ the following: ‘‘provided under section 11012(e)

5 and as’’.

6 (c) EFFECTIVE DATE.—The amendments made by

7 this section shall apply with respect to Federal benefit

8 payments made after the date of the enactment of this

9 Act.

10 SEC. 909. EFFECTIVE DATE.

11 Except as provided in section 908(c), this title and

12 the amendments made by this title shall become effective

13 on the first day of the first pay period beginning 6 months

14 after the date of enactment.

15 TITLE X

16 DEPARTMENT OF HOUSING AND URBAN

17 DEVELOPMENT

18 ADMINISTRATIVE PROVISIONS

19 SEC. 1001. Section 206(d) of the Departments of

20 Veterans Affairs and Housing and Urban Development,

21 and Independent Agencies Appropriations Act, 2000 (42

22 U.S.C. 12701 note) is amended—

23 (1) in paragraph (1), by striking ‘‘V’’ and in24 serting ‘‘III’’; and
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1 (2) in paragraph (4), by striking ‘‘reimburs2 able’’ and inserting ‘‘non-reimbursable’’.

3 SEC. 1002. For purposes of part 2, subpart B of the

4 Federal Housing Enterprises Financial Safety and Sound5 ness Act of 1992 (Public Law 102–550), notwithstanding

6 any other provision of law or regulation, for purposes of

7 measuring the extent of compliance with the housing goals

8 for the years 2001, 2002, and 2003, the Secretary of

9 Housing and Urban Development shall assign, in the case

10 of the Federal Home Loan Mortgage Corporation, 1.35

11 units of credit toward achievement of each housing goal

12 for each unit of multifamily housing (excepting units lo13 cated in properties having between 5 and 50 units) quali14 fying as affordable under such housing goal.

15 SEC. 1003. Notwithstanding any other provision of

16 law, neither the City of Toledo, Ohio, nor the Secretary

17 of Housing and Urban Development (HUD) is required

18 to enforce any requirements associated with Housing De19 velopment Grant number 00H006H6402 provided to the

20 City of Toledo, Ohio, that prohibit or restrict the conver21 sion of the rental units in the Beacon Place project to con22 dominium ownership: Provided, That the City of Toledo

23 and the Secretary of HUD are authorized to take any ac24 tions necessary to cause any such prohibition or restriction

25 to be removed from the appropriate land records and oth-
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1 erwise terminated: Provided further, That converted units

2 shall remain available as rental housing to those persons,

3 including low- and very-low-income persons who presently

4 reside in the units: Provided further, That the conversion

5 proposal for Beacon Place apartments shall not reduce the

6 number of affordable housing units in Toledo: Provided

7 further, That any and all proceeds from such conversion

8 are used to retire debt associated with the Beacon Place

9 project or to rehabilitate the properties known as the

10 Cubbon Properties.

11 SEC. 1004. The Comptroller General of the United

12 States shall conduct a study on the following topics—

13 (a)(1) The adequacy of the capital structure of

14 the Federal Home Loan Bank (FHLB) System as

15 it relates to the risks posed by: (A) the traditional

16 advances business of the FHLB System; (B) the ex17 panded collateral provisions and permissible uses of

18 advances under the Gramm-Leach-Bliley Act of

19 1999; and (C) the MPF, and other programs pro20 viding for the direct acquisition of mortgages. The

21 analysis should examine the credit risk, interest rate

22 risk, and operations risk associated with each struc23 ture;
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1 (2) The risks associated with further growth in

2 the direct acquisition of mortgages by the Federal

3 Home Loan Bank System; and

4 (3) A comparison of the risk-based capital

5 standard proposed by the Federal Housing Finance

6 Board for the Federal Home Loan Bank System to

7 the standard proposed by the Office of Federal

8 Housing Enterprise Oversight for the Federal Na9 tional Mortgage Association and the Federal Home

10 Loan Mortgage Corporation.

11 (b) Not later than 6 months after the date of

12 the enactment of this Act, the Comptroller General

13 shall submit to the Committee on Banking, Housing,

14 and Urban Affairs of the Senate and the Committee

15 on Banking and Financial Services of the House of

16 Representatives a report on the study required

17 under subsection (a).

18 TITLE XI

19 DEPARTMENT OF THE TREASURY

20 ADMINISTRATIVE PROVISION

21 SEC. 1101. HONORING THE NAVAJO CODE TALKERS.

22 (a) Congress finds that—

23 (1) on December 7, 1941, the Japanese Empire

24 attacked Pearl Harbor and war was declared by

25 Congress the following day;
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1 (2) the military code, developed by the United

2 States for transmitting messages, had been deci3 phered by the Japanese, and a search by United

4 States intelligence was made to develop new means

5 to counter the enemy;

6 (3) the United States Government called upon

7 the Navajo Nation to support the military effort by

8 recruiting and enlisting 29 Navajo men to serve as

9 Marine Corps Radio Operators;

10 (4) the number of Navajo enlistees later in11 creased to more than 350;

12 (5) at the time, the Navajos were often treated

13 as second-class citizens, and they were a people who

14 were discouraged from using their own native lan15 guage;

16 (6) the Navajo Marine Corps Radio Operators,

17 who became known as the ‘‘Navajo Code Talkers’’,

18 were used to develop a code using their native lan19 guage to communicate military messages in the Pa20 cific;

21 (7) to the enemy’s frustration, the code devel22 oped by these Native Americans proved to be un23 breakable, and was used extensively throughout the

24 Pacific theater;
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1 (8) the Navajo language, discouraged in the

2 past, was instrumental in developing the most sig3 nificant and successful military code of the time;

4 (9) at Iwo Jima alone, the Navajo Code Talkers

5 passed over 800 error-free messages in a 48-hour

6 period;

7 (10) use of the Navajo Code was so successful,

8 that—

9 (A) military commanders credited it in sav10 ing the lives of countless American soldiers and

11 in the success of the engagements of the United

12 States in the battles of Guadalcanal, Tarawa,

13 Saipan, Iwo Jima, and Okinawa;

14 (B) some Code Talkers were guarded by

15 fellow marines, whose role was to kill them in

16 case of imminent capture by the enemy; and

17 (C) the Navajo Code was kept secret for

18 23 years after the end of World War II;

19 (11) following the conclusion of World War II,

20 the Department of Defense maintained the secrecy

21 of the Navajo code until it was declassified in 1968;

22 and

23 (12) only then did a realization of the sacrifice

24 and valor of these brave Native Americans emerge

25 from history.
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1 (b)(1) To express recognition by the United States

2 and its citizens in honoring the Navajo Code Talkers, who

3 distinguished themselves in performing a unique, highly

4 successful communications operation that greatly assisted

5 in saving countless lives and hastening the end of World

6 War II in the Pacific, the President is authorized—

7 (A) to award to each of the original 29 Navajo

8 Code Talkers, or a surviving family member, on be9 half of the Congress, a gold medal of appropriate de10 sign, honoring the Navajo Code Talkers; and

11 (B) to award to each person who qualified as a

12 Navajo Code Talker (MOS 642), or a surviving fam13 ily member, on behalf of the Congress, a silver

14 medal of appropriate design, honoring the Navajo

15 Code Talkers.

16 (2) For purposes of the awards authorized by para17 graph (1), the Secretary of the Treasury (in this section

18 referred to as the ‘‘Secretary’’) shall strike gold and silver

19 medals with suitable emblems, devices, and inscriptions,

20 to be determined by the Secretary.

21 (c) The Secretary may strike and sell duplicates in

22 bronze of the medals struck pursuant to this section,

23 under such regulations as the Secretary may prescribe,

24 and a price sufficient to cover the costs thereof, including
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1 labor, materials, dies, use of machinery, and overhead ex2 penses, and the cost of the medals.

3 (d) The medals struck pursuant to this section are

4 national medals for purposes of chapter 51, of title 31,

5 United States Code.

6 (e)(1) There is authorized to be charged against the

7 United States Mint Public Enterprise Fund, such sums

8 as may be necessary to pay for the costs of the medals

9 authorized by this section.

10 (2) Amounts received from the sale of duplicate med11 als under this section shall be deposited in the United

12 States Mint Public Enterprise Fund.

13 TITLE XII

14 ENVIRONMENTAL PROTECTION AGENCY

15 ADMINISTRATIVE PROVISION

16 SEC. 1201. ABOVEGROUND STORAGE TANK GRANT PRO17 GRAM.

18 (a) DEFINITIONS.—In this provision:

19 (1) ABOVEGROUND STORAGE TANK.—The term

20 ‘‘aboveground storage tank’’ means any tank or

21 combination of tanks (including any connected

22 pipe)—

23 (A) that is used to contain an accumula24 tion of regulated substances; and
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1 (B) the volume of which (including the vol2 ume of any connected pipe) is located wholly

3 above the surface of the ground.

4 (2) ADMINISTRATOR.—The term ‘‘Adminis5 trator’’ means the Administrator of the Environ6 mental Protection Agency.

7 (3) DENALI COMMISSION.—The term ‘‘Denali

8 Commission’’ means the commission established by

9 section 303(a) of the Denali Commission Act of

10 1998 (42 U.S.C. 3121 note).

11 (4) FEDERAL ENVIRONMENTAL LAW.—The

12 term ‘‘Federal environmental law’’ means—

13 (A) the Oil Pollution Control Act of 1990

14 (33 U.S.C. 2701 et seq.);

15 (B) the Comprehensive Environmental Re16 sponse, Compensation, and Liability Act of

17 1980 (42 U.S.C. 9601 et seq.);

18 (C) the Solid Waste Disposal Act (42

19 U.S.C. 6901 et seq.);

20 (D) the Federal Water Pollution Control

21 Act (33 U.S.C. 1251 et seq.); or

22 (E) any other Federal law that is applica23 ble to the release into the environment of a reg24 ulated substance, as determined by the Admin25 istrator.
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1 (5) NATIVE VILLAGE.—The term ‘‘Native vil2 lage’’ has the meaning given the term in section

3 11(b) in Public Law 92–203 (85 Stat. 688).

4 (6) PROGRAM.—The term ‘‘program’’ means

5 the Aboveground Storage Tank Grant Program es6 tablished by subsection (b)(1).

7 (7) REGULATED SUBSTANCE.—The term ‘‘regu8 lated substance’’ has the meaning given the term in

9 section 9001 of the Solid Waste Disposal Act (42

10 U.S.C. 6991).

11 (8) STATE.—The term ‘‘State’’ means the State

12 of Alaska.

13 (b) ESTABLISHMENT.—

14 (1) IN GENERAL.—There is established a grant

15 program to be known as the ‘‘Aboveground Storage

16 Tank Grant Program’’.

17 (2) GRANTS.—Under the program, the Admin18 istrator shall award a grant to—

19 (A) the State, on behalf of a Native village;

20 or

21 (B) the Denali Commission.

22 (c) USE OF GRANTS.—The State or the Denali

23 Commission shall use the funds of a grant under sub24 section (b) to repair, upgrade, or replace one or more

25 aboveground storage tanks that—
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1 (1) leaks or poses an imminent threat of leak2 ing, as certified by the Administrator, the Com3 mandant of the Coast Guard, or any other appro4 priate Federal or State agency (as determined by

5 the Administrator); and

6 (2) is located in a Native village—

7 (A) the median household income of which

8 is less than 80 percent of the median household

9 income in the State;

10 (B) that is located—

11 (i) within the boundaries of—

12 (I) a unit of the National Park

13 System;

14 (II) a unit of the National Wild15 life Refuge System; or

16 (III) a National Forest; or

17 (ii) on public land under the adminis18 trative jurisdiction of the Bureau of Land

19 Management; or

20 (C) that receives payments from the Fed21 eral Government under chapter 69 of title 31,

22 United States Code (commonly known as ‘‘pay23 ments in lieu of taxes’’).

24 (d) REPORTS.—Not later than 1 year after the date

25 on which the State or the Denali Commission receives a
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1 grant under subsection (c), and annually thereafter, the

2 State or the Denali Commission, as the case may be, shall

3 submit a report describing each project completed with

4 grant funds and any projects planned for the following

5 year, to—

6 (1) the Administrator;

7 (2) the Committee on Resources of the House

8 of Representatives;

9 (3) the Committee on Environment and Public

10 Works of the Senate;

11 (4) the Committee on Appropriations of the

12 House of Representatives; and

13 (5) the Committee on Appropriations of the

14 Senate.

15 (e) AUTHORIZATION OF APPROPRIATIONS.—There

16 are authorized to be appropriated to carry out this Act,

17 to remain available until expended—

18 (1) $20,000,000 for fiscal year 2001; and

19 (2) such sums as are necessary for each fiscal

20 year thereafter.
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1 TITLE XIII

2 NATIONAL AERONAUTICS AND SPACE

3 ADMINISTRATION

4 ADMINISTRATIVE PROVISION

5 SEC. 1301. Of the proceeds in any fiscal year from

6 the sale of timber on Federal property at the John C.

7 Stennis Space Center, or on additional real property with8 in the restricted easement area adjacent to the Center, any

9 funds that are in excess of the amount necessary for the

10 expenses of commonly accepted forest management prac11 tices on such properties may be retained and used by the

12 National Aeronautics and Space Administration for the

13 acquisition from willing sellers of up to a total of 500 acres

14 of real property to establish education and visitor pro15 grams and facilities that promote and preserve the re16 gional and national history of the area, including the con17 tributions of Stennis Space Center, and, as necessary, for

18 wetlands mitigation.

19 TITLE XIV—CERTAIN ALASKAN CRUISE SHIP

20 OPERATIONS

21 SEC. 1401. PURPOSE.

22 The purpose of this title is to:

23 (1) Ensure that cruise vessels operating in the

24 waters of the Alexander Archipelago and the navi25 gable waters of the United States within the State
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1 of Alaska and within the Kachemak Bay National

2 Estuarine Research Reserve comply with all applica3 ble environmental laws, including, but not limited to,

4 the Federal Water Pollution Control Act, as amend5 ed (33 U.S.C. 1251 et seq.), the Act to Prevent Pol6 lution from Ships, as amended (33 U.S.C. 1901 et

7 seq.), and the protections contained within this title.

8 (2) Ensure that cruise vessels do not discharge

9 untreated sewage within the waters of the Alexander

10 Archipelago, the navigable waters of the United

11 States in the State of Alaska, or within the

12 Kachemak Bay National Estuarine Research Re13 serve.

14 (3) Prevent the unregulated discharge of treat15 ed sewage and graywater while in ports in the State

16 of Alaska or traveling near the shore in the Alex17 ander Archipelago and the navigable waters of the

18 United States in the State of Alaska or within the

19 Kachemak Bay National Estuarine Research Re20 serve.

21 (4) Ensure that discharges of sewage and

22 graywater from cruise vessels operating in the Alex23 ander Archipelago and the navigable waters of the

24 United States in the State of Alaska or within the

25 Kachemak Bay National Estuarine Research Re-
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1 serve can be monitored for compliance with the re2 quirements contained in this title.

3 SEC. 1402. APPLICABILITY.

4 This title applies to all cruise vessels authorized to

5 carry 500 or more passengers for hire.

6 SEC. 1403. PROHIBITION ON DISCHARGE OF UNTREATED

7 SEWAGE.

8 No person shall discharge any untreated sewage from

9 a cruise vessel into the waters of the Alexander Archi10 pelago or the navigable waters of the United States within

11 the State of Alaska or within the Kachemak Bay National

12 Estuarine Research Reserve.

13 SEC. 1404. LIMITATIONS ON DISCHARGE OF TREATED SEW14 AGE OR GRAYWATER.

15 (a) No person shall discharge any treated sewage or

16 graywater from a cruise vessel into the waters of the Alex17 ander Archipelago or the navigable waters of the United

18 States within the State of Alaska or within the Kachemak

19 Bay National Estuarine Research Reserve unless—

20 (1) the cruise vessel is underway and pro21 ceeding at a speed of not less than six knots;

22 (2) the cruise vessel is not less than one nau23 tical mile from the nearest shore, except in areas

24 designated by the Secretary, in consultation with the

25 State of Alaska;
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1 (3) the discharge complies with all applicable

2 cruise vessel effluent standards established pursuant

3 to this title and any other applicable law; and

4 (4) the cruise vessel is not in an area where the

5 discharge of treated sewage or graywater is prohib6 ited.

7 (b) The Administrator, in consultation with the Sec8 retary, may promulgate regulations allowing the discharge

9 of treated sewage or graywater, otherwise prohibited

10 under paragraphs (a)(1) and (a)(2) of this section, where

11 the discharge meets effluent standards determined by the

12 Administrator as appropriate for discharges into the ma13 rine environment. In promulgating such regulations, the

14 Administrator shall take into account the best available

15 scientific information on the environmental effects of the

16 regulated discharges. The effluent discharge standards

17 promulgated under this section shall, at a minimum, be

18 consistent with all relevant State of Alaska water quality

19 standards in force at the time of the enactment of this

20 title.

21 (c) Until such time as the Administrator promulgates

22 regulations under paragraph (b) of this section, treated

23 sewage and graywater may be discharged from vessels

24 subject to this title in circumstances otherwise prohibited
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1 under paragraphs (a)(1) and (a)(2) of this section, pro2 vided that—

3 (1) the discharge satisfies the minimum level of

4 effluent quality specified in 40 CFR 133.102, as in

5 effect on the date of enactment of this section;

6 (2) the geometric mean of the samples from the

7 discharge during any 30-day period does not exceed

8 20 fecal coliform/100 ml and not more than 10 per9 cent of the samples exceed 40 fecal coliform/100 ml;

10 (3) concentrations of total residual chlorine may

11 not exceed 10.0 μg/l; and

12 (4) prior to any such discharge occurring, the

13 owner, operator or master, or other person in charge

14 of a cruise vessel, can demonstrate test results from

15 at least five samples taken from the vessel represent16 ative of the effluent to be discharged, on different

17 days over a 30-day period, conducted in accordance

18 with the guidelines promulgated by the Adminis19 trator in 40 CFR Part 136, which confirm that the

20 water quality of the effluents proposed for discharge

21 is in compliance with paragraphs (1), (2), and (3)

22 of this subsection. To the extent not otherwise being

23 done by the owner, operator, master or other person

24 in charge of a cruise vessel pursuant to section

25 1406, the owner, operator, master or other person in
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1 charge of a cruise vessel shall demonstrate continued

2 compliance through periodic sampling. Such sam3 pling and test results shall be considered environ4 mental compliance records that must be made avail5 able for inspection pursuant to section 1406(d) of

6 this title.

7 SEC. 1405. SAFETY EXCEPTION.

8 Sections 1403 and 1404 of this title shall not apply

9 to discharges made for the purpose of securing the safety

10 of the cruise vessel or saving life at sea, provided that all

11 reasonable precautions have been taken for the purpose

12 of preventing or minimizing the discharge.

13 SEC. 1406. INSPECTION AND SAMPLING REGIME.

14 (a) The Secretary shall incorporate into the commer15 cial vessel examination program an inspection regime suf16 ficient to verify that cruise vessels visiting ports in the

17 State of Alaska or operating in the waters of the Alex18 ander Archipelago or the navigable waters of the United

19 States within the State of Alaska or within the Kachemak

20 Bay National Estuarine Research Reserve are in full com21 pliance with this title, the Federal Water Pollution Control

22 Act, as amended, and any regulations issued thereunder,

23 other applicable Federal laws and regulations, and all ap24 plicable international treaty requirements.
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1 (b) The inspection regime shall, at a minimum,

2 include—

3 (1) examination of environmental compliance

4 records and procedures; and

5 (2) inspection of the functionality and proper

6 operation of installed equipment for abatement and

7 control of any discharge.

8 (c) The inspection regime may—

9 (1) include unannounced inspections of any as10 pect of cruise vessel operations, equipment or dis11 charges pertinent to the verification under sub12 section (a) of this section; and

13 (2) require the owner, operator or master, or

14 other person in charge of a cruise vessel subject to

15 this title to maintain and produce a logbook detail16 ing the times, types, volumes or flow rates and loca17 tions of any discharges of sewage or graywater

18 under this title.

19 (d) The inspection regime shall incorporate a plan for

20 sampling and testing cruise vessel discharges to ensure

21 that any discharges of sewage or graywater are in compli22 ance with this title, the Federal Water Pollution Control

23 Act, as amended, and any other applicable laws and regu24 lations, and may require the owner, operator or master,

25 or other person in charge of a cruise vessel subject to this
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1 title to conduct such samples or tests, and to produce any

2 records of such sampling or testing at the request of the

3 Secretary or Administrator.

4 SEC. 1407. CRUISE VESSEL EFFLUENT STANDARDS.

5 Pursuant to this title and the authority of the Fed6 eral Water Pollution Control Act, as amended, the Admin7 istrator may promulgate effluent standards for treated

8 sewage and graywater from cruise vessels operating in the

9 waters of the Alexander Archipelago or the navigable wa10 ters of the United States within the State of Alaska or

11 within the Kachemak Bay National Estuarine Research

12 Reserve. Regulations implementing such standards shall

13 take into account the best available scientific information

14 on the environmental effects of the regulated discharges

15 and the availability of new technologies for wastewater

16 treatment. Until such time as the Administrator promul17 gates such effluent standards, treated sewage effluent dis18 charges shall not have a fecal coliform bacterial count of

19 greater than 200 per 100 milliliters nor suspended solids

20 greater than 150 milligrams per liter.

21 SEC. 1408. REPORTS.

22 (a) Any owner, operator or master, or other person

23 in charge of a cruise vessel who has knowledge of a dis24 charge from the cruise vessel in violation of section 1403

25 or 1404 or pursuant to section 1405 of this title, or any
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1 regulations promulgated thereunder, shall immediately re2 port that discharge to the Secretary, who shall provide a

3 copy to the Administrator upon request.

4 (b) The Secretary may prescribe the form of reports

5 required under this section.

6 SEC. 1409. ENFORCEMENT.

7 (a) ADMINISTRATIVE PENALTIES.—

8 (1) VIOLATIONS.—Any person who violates sec9 tion 1403, 1404, 1408, or 1413 of this title, or any

10 regulations promulgated pursuant to this title may

11 be assessed a class I or class II civil penalty by the

12 Secretary or Administrator.

13 (2) CLASSES OF PENALTIES.—

14 (A) CLASS I.—The amount of a class I

15 civil penalty under this section may not exceed

16 $10,000 per violation, except that the maximum

17 amount of any class I civil penalty under this

18 section shall not exceed $25,000. Before assess19 ing a civil penalty under this clause, the Sec20 retary or Administrator, as the case may be,

21 shall give to the person to be assessed such pen22 alty written notice of the Secretary’s or Admin23 istrator’s proposal to assess the penalty and the

24 opportunity to request, within 30 days of the

25 date the notice is received by such person, a
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1 hearing on the proposed penalty. Such hearing

2 shall not be subject to section 554 or 556 of

3 title 5, but shall provide a reasonable oppor4 tunity to be heard and to present evidence.

5 (B) CLASS II.—The amount of a class II

6 civil penalty under this section may not exceed

7 $10,000 per day for each day during which the

8 violation continues, except that the maximum

9 amount of any class II civil penalty under this

10 section shall not exceed $125,000. Except as

11 otherwise provided in this subsection, a class II

12 civil penalty shall be assessed and collected in

13 the same manner, and subject to the same pro14 visions as in the case of civil penalties assessed

15 and collected after notice and an opportunity

16 for a hearing on the record in accordance with

17 section 554 of title 5, United States Code. The

18 Secretary and Administrator may issue rules

19 for discovery procedures for hearings under this

20 paragraph.

21 (3) RIGHTS OF INTERESTED PERSONS.—

22 (A) PUBLIC NOTICE.—Before issuing an

23 order assessing a class II civil penalty under

24 this section, the Secretary or Administrator, as

25 the case may be, shall provide public notice of
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1 and reasonable opportunity to comment on the

2 proposed issuance of each order.

3 (B) PRESENTATION OF EVIDENCE.—Any

4 person who comments on a proposed assess5 ment of a class II civil penalty under this sec6 tion shall be given notice of any hearing held

7 under this paragraph and of the order assessing

8 such penalty. In any hearing held under this

9 paragraph, such person shall have a reasonable

10 opportunity to be heard and present evidence.

11 (C) RIGHTS OF INTERESTED PERSONS TO

12 A HEARING.—If no hearing is held under sub13 section (2) before issuance of an order assessing

14 a class II civil penalty under this section, any

15 person who commented on the proposed assess16 ment may petition, within 30 days after the

17 issuance of such order, the Administrator or

18 Secretary, as the case may be, to set aside such

19 order and to provide a hearing on the penalty.

20 If the evidence presented by the petitioner in

21 support of the petition is material and was not

22 considered in the issuance of the order, the Ad23 ministrator or Secretary shall immediately set

24 aside such order and provide a hearing in ac25 cordance with subsection (2)(B). If the Admin-
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1 istrator or Secretary denies a hearing under

2 this clause, the Administrator or Secretary shall

3 provide to the petitioner, and publish in the

4 Federal Register, notice of and the reasons for

5 such denial.

6 (4) FINALITY OF ORDER.—An order assessing a

7 class II civil penalty under this paragraph shall be8 come final 30 days after its issuance unless a peti9 tion for judicial review is filed under subparagraph

10 (6) or a hearing is requested under subsection

11 (3)(C). If such a hearing is denied, such order shall

12 become final 30 days after such denial.

13 (5) EFFECT OF ACTION ON COMPLIANCE.—No

14 action by the Administrator or Secretary under this

15 paragraph shall affect any person’s obligation to

16 comply with any section of this title.

17 (6) JUDICIAL REVIEW.—Any person against

18 whom a civil penalty is assessed under this para19 graph or who commented on the proposed assess20 ment of such penalty in accordance with subsection

21 (3) may obtain review of such assessment—

22 (A) in the case of assessment of a class I

23 civil penalty, in the United States District

24 Court for the District of Columbia or in the

25 District of Alaska; or
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1 (B) in the case of assessment of a class II

2 civil penalty, in the United States Court of Ap3 peals for the District of Columbia Circuit or for

4 any other circuit in which such person resides

5 or transacts business, by filing a notice of ap6 peal in such court within the 30-day period be7 ginning on the date the civil penalty order is

8 issued and by simultaneously sending a copy of

9 such notice by certified mail to the Adminis10 trator or Secretary, as the case may be, and the

11 Attorney General. The Administrator or Sec12 retary shall promptly file in such court a cer13 tified copy of the record on which the order was

14 issued. Such court shall not set aside or remand

15 such order unless there is not substantial evi16 dence in the record, taken as a whole, to sup17 port the finding of a violation or unless the Ad18 ministrator’s or Secretary’s assessment of the

19 penalty constitutes an abuse of discretion and

20 shall not impose additional civil penalties for

21 the same violation unless the Administrator’s or

22 Secretary’s assessment of the penalty con23 stitutes an abuse of discretion.

24 (7) COLLECTION.—If any person fails to pay an

25 assessment of a civil penalty—
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1 (A) after the assessment has become final,

2 or

3 (B) after a court in an action brought

4 under subsection (6) has entered a final judg5 ment in favor of the Administrator or Sec6 retary, as the case may be, the Administrator

7 or Secretary shall request the Attorney General

8 to bring a civil action in an appropriate district

9 court to recover the amount assessed (plus in10 terest at currently prevailing rates from the

11 date of the final order or the date of the final

12 judgment, as the case may be). In such an ac13 tion, the validity, amount, and appropriateness

14 of such penalty shall not be subject to review.

15 Any person who fails to pay on a timely basis

16 the amount of an assessment of a civil penalty

17 as described in the first sentence of this sub18 paragraph shall be required to pay, in addition

19 to such amount and interest, attorneys fees and

20 costs for collection proceedings and a quarterly

21 nonpayment penalty for each quarter during

22 which such failure to pay persists. Such non23 payment penalty shall be in an amount equal

24 to 20 percent of the aggregate amount of such

25 person’s penalties and nonpayment penalties
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1 which are unpaid as of the beginning of such

2 quarter.

3 (8) SUBPOENAS.—The Administrator or Sec4 retary, as the case may be, may issue subpoenas for

5 the attendance and testimony of witnesses and the

6 production of relevant papers, books, or documents

7 in connection with hearings under this section. In

8 case of contumacy or refusal to obey a subpoena

9 issued pursuant to this subsection and served upon

10 any person, the district court of the United States

11 for any district in which such person is found, re12 sides, or transacts business, upon application by the

13 United States and after notice to such person, shall

14 have jurisdiction to issue an order requiring such

15 person to appear and give testimony before the Ad16 ministrator or Secretary or to appear and produce

17 documents before the Administrator or Secretary, or

18 both, and any failure to obey such order of the court

19 may be punished by such court as a contempt there20 of.

21 (b) CIVIL PENALTIES.—

22 (1) IN GENERAL.—Any person who violates sec23 tion 1403, 1404, 1408, or 1413 of this title, or any

24 regulations promulgated pursuant to this title shall

25 be subject to a civil penalty not to exceed $25,000
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1 per day for each violation. Each day a violation con2 tinues constitutes a separate violation.

3 (2) JURISDICTION.—An action to impose a civil

4 penalty under this section may be brought in the

5 district court of the United States for the district in

6 which the defendant is located, resides, or transacts

7 business, and such court shall have jurisdiction to

8 assess such penalty.

9 (3) LIMITATION.—A person is not liable for a

10 civil judicial penalty under this paragraph for a vio11 lation if the person has been assessed a civil admin12 istrative penalty under paragraph (a) for the viola13 tion.

14 (c) DETERMINATION OF AMOUNT.—In determining

15 the amount of a civil penalty under paragraphs (a) or (b)

16 of this section, the court, the Secretary or the Adminis17 trator, as the case may be, shall consider the seriousness

18 of the violation or violations, the economic benefit (if any)

19 resulting from the violation, any history of such violations,

20 any good-faith efforts to comply with the applicable re21 quirements, the economic impact of the penalty on the vio22 lator, and other such matters as justice may require.

23 (d) CRIMINAL PENALTIES.—

24 (1) NEGLIGENT VIOLATIONS.—Any person who

25 negligently violates section 1403, 1404, 1408, or
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1 1413 of this title, or any regulations promulgated

2 pursuant to this title commits a Class A mis3 demeanor.

4 (2) KNOWING VIOLATIONS.—Any person who

5 knowingly violates section 1403, 1404, 1408, or

6 1413 of this title, or any regulations promulgated

7 pursuant to this title commits a Class D felony.

8 (3) FALSE STATEMENTS.—Any person who

9 knowingly makes any false statement, representa10 tion, or certification in any record, report or other

11 document filed or required to be maintained under

12 this title or the regulations issued thereunder, or

13 who falsifies, tampers with, or knowingly renders in14 accurate any testing or monitoring device or method

15 required to be maintained under this title, or the

16 regulations issued thereunder, commits a Class D

17 felony.

18 (e) AWARDS.—

19 (1) The Secretary, the Administrator, or the

20 court, when assessing any fines or civil penalties, as

21 the case may be, may pay from any fines or civil

22 penalties collected under this section an amount not

23 to exceed one-half of the penalty or fine collected, to

24 any individual who furnishes information which

25 leads to the payment of the penalty or fine. If sev-
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1 eral individuals provide such information, the

2 amount shall be divided equitably among such indi3 viduals. No officer or employee of the United States,

4 the State of Alaska or any federally recognized Tribe

5 who furnishes information or renders service in the

6 performance of his or her official duties shall be eli7 gible for payment under this subsection.

8 (2) The Secretary, Administrator or the court,

9 when assessing any fines or civil penalties, as the

10 case may be, may pay, from any fines or civil pen11 alties collected under this section, to the State of

12 Alaska or to any federally recognized Tribe pro13 viding information or investigative assistance which

14 leads to payment of the penalty or fine, an amount

15 which reflects the level of information or investiga16 tive assistance provided. Should the State of Alaska

17 or a federally recognized Tribe and an individual

18 under paragraph (1) of this section be eligible for an

19 award, the Secretary, the Administrator, or the

20 court, as the case may be, shall divide the amount

21 equitably.

22 (f ) LIABILITY IN REM.—A cruise vessel operated in

23 violation of this title or the regulations issued thereunder

24 is liable in rem for any fine imposed under subsection (d)

25 of this section or for any civil penalty imposed under sub-
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1 sections (a) or (b) of this section, and may be proceeded

2 against in the United States district court of any district

3 in which the cruise vessel may be found.

4 (g) COMPLIANCE ORDERS.—

5 (1) IN GENERAL.—Whenever on the basis of

6 any information available to him the Administrator

7 finds that any person is in violation of section 1403,

8 1404, 1408, or 1413 of this title, or any regulations

9 promulgated pursuant to this title, the Adminis10 trator shall issue an order requiring such person to

11 comply with such section or requirement, or shall

12 bring a civil action in accordance with subsection

13 (b).

14 (2) COPIES OF ORDERS, SERVICE.—A copy of

15 any order issued under this subsection shall be sent

16 immediately by the Administrator to the State of

17 Alaska. In any case in which an order under this

18 subsection is issued to a corporation, a copy of such

19 order shall be served on any appropriate corporate

20 officer. Any order issued under this subsection shall

21 be by personal service, shall state with reasonable

22 specificity the nature of the violation, and shall

23 specify a time for compliance not to exceed 30 days

24 in the case of a violation of an interim compliance

25 schedule or operation and maintenance requirement
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1 and not to exceed a time the Administrator deter2 mines to be reasonable in the case of a violation of

3 a final deadline, taking into account the seriousness

4 of the violation and any good faith efforts to comply

5 with applicable requirements.

6 (h) CIVIL ACTIONS.—The Administrator is author7 ized to commence a civil action for appropriate relief, in8 cluding a permanent or temporary injunction, for any vio9 lation for which he is authorized to issue a compliance

10 order under this subsection. Any action under subsection

11 (h) may be brought in the district court of the United

12 States for the district in which the defendant is located

13 or resides or is doing business, and such court shall have

14 jurisdiction to restrain such violation and to require com15 pliance. Notice of the commencement of such action shall

16 be given immediately to the State of Alaska.

17 SEC. 1410. DESIGNATION OF CRUISE VESSEL NO-DIS18 CHARGE ZONES.

19 If the State of Alaska determines that the protection

20 and enhancement of the quality of some or all of the wa21 ters of the Alexander Archipelago or the navigable waters

22 of the United States within the State of Alaska or within

23 the Kachemak Bay National Estuarine Research Reserve

24 require greater environmental protection, the State of

25 Alaska may petition the Administrator to prohibit the dis-
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1 charge of graywater and sewage from cruise vessels oper2 ating in such waters. The establishment of such a prohibi3 tion shall be achieved in the same manner as the peti4 tioning process and prohibition of the discharge of sewage

5 pursuant to section 312(f ) of the Federal Water Pollution

6 Control Act, as amended, and the regulations promulgated

7 thereunder.

8 SEC. 1411. SAVINGS CLAUSE.

9 (a) Nothing in this title shall be construed as restrict10 ing, affecting, or amending any other law or the authority

11 of any department, instrumentality, or agency of the

12 United States.

13 (b) Nothing in this title shall in any way affect or

14 restrict, or be construed to affect or restrict, the authority

15 of the State of Alaska or any political subdivision

16 thereof—

17 (1) to impose additional liability or additional

18 requirements; or

19 (2) to impose, or determine the amount of a

20 fine or penalty (whether criminal or civil in nature)

21 for any violation of law; relating to the discharge of

22 sewage (whether treated or untreated) or graywater

23 in the waters of the Alexander Archipelago and the

24 navigable waters of the United States within the
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1 State of Alaska or within the Kachemak Bay Na2 tional Estuarine Research Reserve.

3 SEC. 1412. REGULATIONS.

4 The Secretary and the Administrator each may pre5 scribe any regulations necessary to carry out the provi6 sions of this title.

7 SEC. 1413. INFORMATION GATHERING AUTHORITY.

8 The authority of sections 308(a) and (b) of the Fed9 eral Water Pollution Control Act, as amended, shall be

10 available to the Administrator to carry out the provisions

11 of this title. The Administrator and the Secretary shall

12 minimize, to the extent practicable, duplication of or in13 consistency with the inspection, sampling, testing, record14 keeping, and reporting requirements established by the

15 Secretary under section 1406 of this title.

16 SEC. 1414. DEFINITIONS.

17 In this title:

18 (1) ADMINISTRATOR.—The term ‘‘Adminis19 trator’’ means the Administrator of the United

20 States Environmental Protection Agency.

21 (2) CRUISE VESSEL.—The term ‘‘cruise vessel’’

22 means a passenger vessel as defined in section

23 2101(22) of title 46, United States Code. The term

24 ‘‘cruise vessel’’ does not include a vessel of the

25 United States operated by the Federal Government
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1 or a vessel owned and operated by the government

2 of a State.

3 (3) DISCHARGE.—The term ‘‘discharge’’ means

4 any release however caused from a cruise vessel, and

5 includes any escape, disposal, spilling, leaking,

6 pumping, emitting, or emptying.

7 (4) GRAYWATER.—The term ‘‘graywater’’

8 means only galley, dishwasher, bath, and laundry

9 waste water. The term does not include other wastes

10 or waste streams.

11 (5) NAVIGABLE WATERS.—The term ‘‘navigable

12 waters’’ has the same meaning as in section 502 of

13 the Federal Water Pollution Control Act, as amend14 ed.

15 (6) PERSON.—The term ‘‘person’’ means an in16 dividual, corporation, partnership, limited liability

17 company, association, State, municipality, commis18 sion, or political subdivision of a State, or any feder19 ally recognized tribe.

20 (7) SECRETARY.—The term ‘‘Secretary’’ means

21 the Secretary of the department in which the United

22 States Coast Guard is operating.

23 (8) SEWAGE.—The term ‘‘sewage’’ means

24 human body wastes and the wastes from toilets and
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1 other receptacles intended to receive or retain body

2 waste.

3 (9) TREATED SEWAGE.—The term ‘‘treated

4 sewage’’ means sewage meeting all applicable efflu5 ent limitation standards and processing require6 ments of the Federal Water Pollution Control Act,

7 as amended and of this title, and regulations pro8 mulgated under either.

9 (10) UNTREATED SEWAGE.—The term ‘‘un10 treated sewage’’ means sewage that is not treated

11 sewage.

12 (11) WATERS OF THE ALEXANDER ARCHI13 PELAGO.—The term ‘‘waters of the Alexander Archi14 pelago’’ means all waters under the sovereignty of

15 the United States within or near Southeast Alaska,

16 beginning at a point 58°11′41′′N, 136°39′25′′W

17 [near Cape Spencer Light], thence southeasterly

18 along a line three nautical miles seaward of the

19 baseline from which the breadth of the territorial sea

20 is measured in the Pacific Ocean and the Dixon En21 trance, except where this line intersects geodesics

22 connecting the following five pairs of points:

23 (1) 58°05′17′′N, 136°33′49′′W and

24 58°11′41′′N, 136°39′25′′W [Cross Sound].
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1 (2) 56°09′40′′N, 134°40′00′′W and

2 55°49′15′′N, 134°17′40′′W [Chatham Strait].

3 (3) 55°49′15′′N, 134°17′40′′W and

4 55°50′30′′N, 133°54′15′′W [Sumner Strait].

5 (4) 54°41′30′′N, 132°01′00′′W and

6 54°51′′30′′N, 131°20′45′′W [Clarence Strait].

7 (5) 54°51′30′′N, 131°20′45′′W and

8 54°46′15′′N, 130°52′00′′W [Revillagigedo

9 Channel].

10 The portion of each such geodesic situated beyond

11 three nautical miles from the baseline from which the

12 breadth of the territorial sea is measured forms the outer

13 limit of the waters of the Alexander Archipelago in those

14 five locations.

15 TITLE XV—LIFE ACT

16 AMENDMENTS

17 SEC. 1501. SHORT TITLE.

18 This title may be cited as the ‘‘LIFE Act Amend19 ments of 2000’’.

20 SEC. 1502. SUBSTITUTION OF ALTERNATIVE ADJUSTMENT

21 PROVISION.

22 (a) EXTENDED APPLICATION OF SECTION 245(i).—

23 (1) IN GENERAL.—Paragraph (1) of section

24 245(i) of the Immigration and Nationality Act (8

25 U.S.C. 1255(i)) is amended—
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1 (A) in subparagraph (A), by striking

2 ‘‘and’’ at the end;

3 (B) in subparagraph (B)(i), by striking

4 ‘‘January 14, 1998’’ and inserting ‘‘April 30,

5 2001’’;

6 (C) in subparagraph (B), by adding ‘‘and’’

7 at the end; and

8 (D) by inserting after subparagraph (B)

9 the following new subparagraph:

10 ‘‘(C) who, in the case of a beneficiary of a peti11 tion for classification, or an application for labor

12 certification, described in subparagraph (B) that was

13 filed after January 14, 1998, is physically present in

14 the United States on the date of the enactment of

15 the LIFE Act Amendments of 2000;’’.

16 (2) MODIFICATION IN USE OF FUNDS.—Para17 graph (3)(B) of such section is amended by inserting

18 before the period the following: ‘‘, except that in the

19 case of fees attributable to applications for a bene20 ficiary with respect to whom a petition for classifica21 tion, or an application for labor certification, de22 scribed in paragraph (1)(B) was filed after January

23 14, 1998, one-half of such remaining portion shall

24 be deposited by the Attorney General into the Immi-
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1 gration Examinations Fee Account established under

2 section 286(m)’’.

3 (b) CONFORMING AMENDMENTS.—

4 (1) Subsection (m) of section 245 of the Immi5 gration and Nationality Act, as added by section

6 1102(c) of the Legal Immigration Family Equity

7 Act, is repealed.

8 (2) Section 245 of the Immigration and Nation9 ality Act, as amended by section 1102(d)(2) of the

10 Legal Immigration Family Equity Act, is amended

11 by striking ‘‘or (m)’’ each place it appears.

12 SEC. 1503. MODIFICATION OF SECTION 1104 ADJUSTMENT

13 PROVISIONS.

14 (a) INCLUSION OF ADDITIONAL CLASS.—Section

15 1104(b) of the Legal Immigration Family Equity Act is

16 amended—

17 (1) in paragraph (1), by striking ‘‘or’’ at the

18 end;

19 (2) in paragraph (2), by striking the period at

20 the end and inserting ‘‘; or’’; and

21 (3) by adding at the end the following new

22 paragraph:

23 ‘‘(3) Zambrano v. INS, vacated sub nom. Immi24 gration and Naturalization Service v. Zambrano,

25 509 U.S. 918 (1993).’’.
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1 (b) CONFORMING APPLICATION OF CONSENT PROVI2 SION.—Section 1104(c) of the Legal Immigration Family

3 Equity Act is amended by adding at the end the following

4 new paragraph:

5 ‘‘(10) CONFORMING APPLICATION OF CONSENT

6 PROVISION.—In addition to the waivers provided in

7 subsection (d)(2) of such section 245A of the Immi8 gration and Nationality Act, the Attorney General

9 may grant the alien a waiver of the grounds of inad10 missibility under subparagraphs (A) and (C) of sec11 tion 212(a)(9) of such Act (8 U.S.C. 1182(a)(9)). In

12 granting such waivers, the Attorney General shall

13 use standards used in granting consent under sub14 paragraphs (A)(iii) and (C)(ii) of such section.’’.

15 (c) INAPPLICABILITY OF REMOVAL ORDER REIN16 STATEMENT.—Section 1104 of such Act is further

17 amended—

18 (1) by redesignating subsection (g) as sub19 section (h); and

20 (2) by inserting after subsection (f ) the fol21 lowing new subsection:

22 ‘‘(g) INAPPLICABILITY OF REMOVAL ORDER REIN23 STATEMENT.—Section 241(a)(5) of the Immigration and

24 Nationality Act shall not apply with respect to an alien
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1 who is applying for adjustment of status under this sec2 tion.’’.

3 SEC. 1504. APPLICATION OF FAMILY UNITY PROVISIONS TO

4 SPOUSES AND UNMARRIED CHILDREN OF

5 CERTAIN LIFE ACT BENEFICIARIES.

6 (a) IMMIGRATION BENEFITS.—Except as provided in

7 subsection (d), in the case of an eligible spouse or child

8 (as described in subsection (b)), the Attorney General—

9 (1) shall not remove the alien on a ground spec10 ified in paragraph (1)(A), (1)(B), (1)(C), or (3)(A)

11 of section 237(a) of the Immigration and Nationality

12 Act (8 U.S.C. 1227(a)), other than so much of para13 graph (1)(A) of such section as relates to a ground

14 of inadmissibility described in paragraph (2) or (3)

15 of section 212(a) of such Act (8 U.S.C. 1182(a));

16 and

17 (2) shall authorize the alien to engage in em18 ployment in the United States during the period of

19 time in which protection is provided under para20 graph (1) and shall provide the alien with an ‘‘em21 ployment authorized’’ endorsement or other appro22 priate document signifying authorization of employ23 ment.

24 (b) ELIGIBLE SPOUSES AND CHILDREN.—For pur25 poses of this section, the term ‘‘eligible spouse or child’’
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1 means an alien who is the spouse or unmarried child of

2 an alien described in section 1104(b) of the Legal Immi3 gration Family Equity Act if the spouse or child—

4 (1) entered the United States before December

5 1, 1988; and

6 (2) resided in the United States on such date.

7 (c) PROCESS FOR RELIEF FOR ELIGIBLE SPOUSES

8 AND CHILDREN OUTSIDE THE UNITED STATES.—If an

9 alien has obtained lawful permanent resident status under

10 section 1104 of the Legal Immigration Family Equity Act

11 and the alien has an eligible spouse or child who is no

12 longer physically present in the United States, the Attor13 ney General shall establish a process under which the eligi14 ble spouse or child may be paroled into the United States

15 in order to obtain the benefits of subsection (a) unless the

16 Attorney General finds that the spouse or child would be

17 inadmissible or deportable on any ground, other than a

18 ground for which the alien would not be subject to removal

19 under subsection (a)(1). An alien so paroled shall not be

20 treated as paroled into the United States for purposes of

21 section 201(c)(4) of the Immigration and Nationality Act

22 (8 U.S.C. 1151(c)(4)).

23 (d) EXCEPTION.—An alien is not eligible for the ben24 efits of this section if the Attorney General finds that—
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1 (1) the alien has been convicted of a felony or

2 three or more misdemeanors in the United States; or

3 (2) the alien is described in section

4 241(b)(3)(B) of the Immigration and Nationality

5 Act (8 U.S.C. 1231(b)(3)(B)).

6 (e) APPLICATION OF DEFINITIONS.—Except as oth7 erwise specifically provided in this section, the definitions

8 contained in the Immigration and Nationality Act shall

9 apply in the administration of this section.

10 SEC. 1505. MISCELLANEOUS AMENDMENTS TO VARIOUS AD11 JUSTMENT AND RELIEF ACTS.

12 (a) NICARAGUAN ADJUSTMENT AND CENTRAL

13 AMERICAN RELIEF ACT.—

14 (1) IN GENERAL.—Section 202(a) of the Nica15 raguan Adjustment and Central American Relief Act

16 is amended—

17 (A) by redesignating paragraph (2) as

18 paragraph (3); and

19 (B) by inserting after paragraph (1) the

20 following new paragraph:

21 ‘‘(2) RULES IN APPLYING CERTAIN PROVI22 SIONS.—In the case of an alien described in sub23 section (b) or (d) who is applying for adjustment of

24 status under this section—
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1 ‘‘(A) the provisions of section 241(a)(5) of

2 the Immigration and Nationality Act shall not

3 apply; and

4 ‘‘(B) the Attorney General may grant the

5 alien a waiver on the grounds of inadmissibility

6 under subparagraphs (A) and (C) of section

7 212(a)(9) of such Act.

8 In granting waivers under subparagraph (B), the

9 Attorney General shall use standards used in grant10 ing consent under subparagraphs (A)(iii) and (C)(ii)

11 of such section 212(a)(9).’’.

12 (2) PERMITTING MOTION TO REOPEN.—Not13 withstanding any time and number limitations im14 posed by law on motions to reopen exclusion, re15 moval, or deportation proceedings (except limitations

16 premised on an alien’s conviction of an aggravated

17 felony (as defined by section 101(a) of the Immigra18 tion and Nationality Act)), a national of Cuba or

19 Nicaragua who has become eligible for adjustment of

20 status under the Nicaraguan Adjustment and Cen21 tral American Relief Act as a result of the amend22 ments made by paragraph (1), may file one motion

23 to reopen exclusion, deportation, or removal pro24 ceedings to apply for such adjustment under that

25 Act. The scope of any proceeding reopened on this
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1 basis shall be limited to a determination of the

2 alien’s eligibility for adjustment of status under that

3 Act. All such motions shall be filed within 180 days

4 of the date of the enactment of this Act.

5 (b) HAITIAN REFUGEE IMMIGRATION FAIRNESS ACT

6 OF 1998.—

7 (1) INAPPLICABILITY OF CERTAIN PROVI8 SIONS.—Section 902(a) of the Haitian Refugee Im9 migration Fairness Act of 1998 is amended—

10 (A) by redesignating paragraph (2) as

11 paragraph (3); and

12 (B) by inserting after paragraph (1) the

13 following new paragraph:

14 ‘‘(2) INAPPLICABILITY OF CERTAIN PROVI15 SIONS.—In the case of an alien described in sub16 section (b) or (d) who is applying for adjustment of

17 status under this section—

18 ‘‘(A) the provisions of section 241(a)(5) of

19 the Immigration and Nationality Act shall not

20 apply; and

21 ‘‘(B) the Attorney General may grant the

22 alien a waiver on the grounds of inadmissibility

23 under subparagraphs (A) and (C) of section

24 212(a)(9) of such Act.
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1 In granting waivers under subparagraph (B), the

2 Attorney General shall use standards used in grant3 ing consent under subparagraphs (A)(iii) and (C)(ii)

4 of such section 212(a)(9).’’.

5 (2) PERMITTING MOTION TO REOPEN.—Not6 withstanding any time and number limitations im7 posed by law on motions to reopen exclusion, re8 moval, or deportation proceedings (except limitations

9 premised on an alien’s conviction of an aggravated

10 felony (as defined by section 101(a) of the Immigra11 tion and Nationality Act)), a national of Haiti who

12 has become eligible for adjustment of status under

13 the Haitian Refugee Immigration Fairness Act of

14 1998 as a result of the amendments made by para15 graph (1), may file one motion to reopen exclusion,

16 deportation, or removal proceedings to apply for

17 such adjustment under that Act. The scope of any

18 proceeding reopened on this basis shall be limited to

19 a determination of the alien’s eligibility for adjust20 ment of status under that Act. All such motions

21 shall be filed within 180 days of the date of the en22 actment of this Act.

23 (c) SECTION 309 OF IIRIRA.—Section 309 of the Il24 legal Immigration Reform and Immigrant Responsibility
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1 Act of 1996 is amended by adding at the end the following

2 new subsection:

3 ‘‘(h) RELIEF AND MOTIONS TO REOPEN.—

4 ‘‘(1) RELIEF.—An alien described in subsection

5 (c)(5)(C)(i) who is otherwise eligible for—

6 ‘‘(A) suspension of deportation pursuant to

7 section 244(a) of the Immigration and Nation8 ality Act, as in effect before the title III–A ef9 fective date; or

10 ‘‘(B) cancellation of removal, pursuant to

11 section 240A(b) of the Immigration and Na12 tionality Act and subsection (f ) of this section;

13 shall not be barred from applying for such relief by

14 operation of section 241(a)(5) of the Immigration

15 and Nationality Act, as in effect after the title III–

16 A effective date.

17 ‘‘(2) ADDITIONAL MOTION TO REOPEN PER18 MITTED.—Notwithstanding any limitation imposed

19 by law on motions to reopen removal or deportation

20 proceedings (except limitations premised on an

21 alien’s conviction of an aggravated felony (as defined

22 by section 101(a) of the Immigration and Nation23 ality Act)), any alien who is described in subsection

24 (c)(5)(C)(i) and who has become eligible for can25 cellation of removal or suspension of deportation as
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1 a result of the enactment of paragraph (1) may file

2 one motion to reopen removal or deportation pro3 ceedings in order to apply for cancellation of removal

4 or suspension of deportation. The scope of any pro5 ceeding reopened on this basis shall be limited to a

6 determination of the alien’s eligibility for cancella7 tion of removal or suspension of deportation. The

8 Attorney General shall designate a specific time pe9 riod in which all such motions to reopen are required

10 to be filed. The period shall begin not later than 60

11 days after the date of the enactment of this sub12 section and shall extend for a period not to exceed

13 240 days.

14 ‘‘(3) CONSTRUCTION.—Nothing in this sub15 section shall preclude an alien from filing a motion

16 to reopen pursuant to section 240(b)(5)(C)(ii) of the

17 Immigration and Nationality Act, or section

18 242B(c)(3)(B) of such Act (as in effect before the

19 title III–A effective date).’’.

20 SEC. 1506. EFFECTIVE DATE.

21 This title shall take effect as if included in the enact22 ment of the Legal Immigration Family Equity Act.
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1 TITLE XVI—IMPROVING LITERACY THROUGH

2 FAMILY LITERACY PROJECTS

3 SEC. 1601. SHORT TITLE.

4 This title may be cited as the ‘‘Literacy Involves

5 Families Together Act’’.

6 SEC. 1602. AUTHORIZATION OF APPROPRIATIONS.

7 Section 1002(b) of the Elementary and Secondary

8 Education Act of 1965 (20 U.S.C. 6302(b)) is amended

9 by striking ‘‘$118,000,000 for fiscal year 1995’’ and in10 serting ‘‘$250,000,000 for fiscal year 2001’’.

11 SEC. 1603. IMPROVING BASIC PROGRAMS OPERATED BY

12 LOCAL EDUCATIONAL AGENCIES.

13 Section 1111(c) of the Elementary and Secondary

14 Education Act of 1965 (20 U.S.C. 6311(c)) is amended—

15 (1) in paragraph (5), by striking ‘‘and’’ at the

16 end;

17 (2) in paragraph (6), by striking the period at

18 the end and inserting ‘‘; and’’; and

19 (3) by adding at the end the following:

20 ‘‘(7) the State educational agency will encour21 age local educational agencies and individual schools

22 participating in a program assisted under this part

23 to offer family literacy services (using funds under

24 this part), if the agency or school determines that a

25 substantial number of students served under this
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1 part by the agency or school have parents who do

2 not have a high school diploma or its recognized

3 equivalent or who have low levels of literacy.’’.

4 SEC. 1604. EVEN START FAMILY LITERACY PROGRAMS.

5 (a) PART HEADING.—The part heading for part B

6 of title I of the Elementary and Secondary Education Act

7 of 1965 (20 U.S.C. 6361 et seq.) is amended to read as

8 follows:

9 ‘‘PART B—WILLIAM F. GOODLING EVEN START

10 FAMILY LITERACY PROGRAMS’’.

11 (b) STATEMENT OF PURPOSE.—Section 1201 of the

12 Elementary and Secondary Education Act of 1965 (20

13 U.S.C. 6361) is amended—

14 (1) in paragraph (1), by inserting ‘‘high qual15 ity’’ after ‘‘build on’’; and

16 (2) by amending paragraph (2) to read as fol17 lows:

18 ‘‘(2) promote the academic achievement of chil19 dren and adults;’’;

20 (3) by striking the period at the end of para21 graph (3) and inserting ‘‘; and’’; and

22 (4) by adding at the end the following:

23 ‘‘(4) use instructional programs based on sci24 entifically based reading research (as defined in sec25 tion 2252) and the prevention of reading difficulties
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1 for children and adults, to the extent such research

2 is available.’’.

3 (c) PROGRAM AUTHORIZED.—

4 (1) RESERVATION FOR MIGRANT PROGRAMS,

5 OUTLYING AREAS, AND INDIAN TRIBES.—Section

6 1202(a) of the Elementary and Secondary Edu7 cation Act of 1965 (20 U.S.C. 6362(a)) is

8 amended—

9 (A) in paragraph (1), in the matter pre10 ceding subparagraph (A), by inserting ‘‘(or, if

11 such appropriated amount exceeds

12 $200,000,000, 6 percent of such amount)’’

13 after ‘‘1002(b)’’;

14 (B) in paragraph (2), by striking ‘‘If the

15 amount of funds made available under this sub16 section exceeds $4,600,000,’’ and inserting

17 ‘‘After the date of the enactment of the Lit18 eracy Involves Families Together Act,’’; and

19 (C) by adding at the end the following:

20 ‘‘(3) COORDINATION OF PROGRAMS FOR AMER21 ICAN INDIANS.—The Secretary shall ensure that

22 programs under paragraph (1)(C) are coordinated

23 with family literacy programs operated by the Bu24 reau of Indian Affairs in order to avoid duplication

25 and to encourage the dissemination of information
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1 on high quality family literacy programs serving

2 American Indians.’’.

3 (2) RESERVATION FOR FEDERAL ACTIVITIES.—

4 Section 1202(b) of the Elementary and Secondary

5 Education Act of 1965 (20 U.S.C. 6362(b)) is

6 amended to read as follows:

7 ‘‘(b) RESERVATION FOR FEDERAL ACTIVITIES.—

8 ‘‘(1) EVALUATION, TECHNICAL ASSISTANCE,

9 PROGRAM IMPROVEMENT, AND REPLICATION ACTIVI10 TIES.—From amounts appropriated under section

11 1002(b), the Secretary may reserve not more than 3

12 percent of such amounts for purposes of—

13 ‘‘(A) carrying out the evaluation required

14 by section 1209; and

15 ‘‘(B) providing, through grants or con16 tracts with eligible organizations, technical as17 sistance, program improvement, and replication

18 activities.

19 ‘‘(2) RESEARCH.—In the case of fiscal years

20 2001 through 2004, if the amount appropriated

21 under section 1002(b) for any of such years—

22 ‘‘(A) is equal to or less than the amounts

23 appropriated for the preceding fiscal year, the

24 Secretary may reserve from such amount only

25 the amount necessary to continue multiyear ac-
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1 tivities carried out pursuant to section 1211(b)

2 that began during or prior to the preceding fis3 cal year; or

4 ‘‘(B) exceeds the amount appropriated for

5 the preceding fiscal year, the Secretary shall re6 serve from such excess amount $2,000,000 or

7 50 percent, whichever is less, to carry out sec8 tion 1211(b).’’.

9 (d) RESERVATION FOR GRANTS.—Section 1202(c)(1)

10 of the Elementary and Secondary Education Act of 1965

11 (20 U.S.C. 6362(c)(1)) is amended—

12 (1) by striking ‘‘From funds reserved under

13 section 2260(b)(3), the Secretary shall award

14 grants,’’ and inserting ‘‘For any fiscal year for

15 which at least one State applies and submits an ap16 plication that meets the requirements and goals of

17 this subsection and for which the amount appro18 priated under section 1002(b) exceeds the amount

19 appropriated under such section for the preceding

20 fiscal year, the Secretary shall reserve, from the

21 amount of such excess remaining after the applica22 tion of subsection (b)(2), the amount of such re23 mainder or $1,000,000, whichever is less, to award

24 grants,’’; and
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1 (2) by adding at the end ‘‘No State may receive

2 more than one grant under this subsection.’’.

3 (e) ALLOCATIONS.—Section 1202(d)(2) of the Ele4 mentary and Secondary Education Act of 1965 (20 U.S.C.

5 6362(d)(2)) is amended by striking ‘‘that section’’ and in6 serting ‘‘that part’’.

7 (f ) STATE LEVEL ACTIVITIES.—Section 1203(a) of

8 the Elementary and Secondary Education Act of 1965 (20

9 U.S.C. 6363(a)) is amended—

10 (1) by striking ‘‘5 percent’’ and inserting ‘‘a

11 total of 6 percent’’; and

12 (2) in paragraph (1), by inserting before the

13 semicolon the following: ‘‘, not to exceed half of such

14 total’’.

15 (g) SUBGRANTS FOR LOCAL PROGRAMS.—Section

16 1203(b)(2) of the Elementary and Secondary Education

17 Act of 1965 (20 U.S.C. 6363(b)(2)) is amended to read

18 as follows:

19 ‘‘(2) MINIMUM SUBGRANT AMOUNTS.—

20 ‘‘(A) IN GENERAL.—Except as provided in

21 subparagraphs (B) and (C), no State shall

22 award a subgrant under paragraph (1) in an

23 amount less than $75,000.

24 ‘‘(B) SUBGRANTEES IN NINTH AND SUC25 CEEDING YEARS.—No State shall award a
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1 subgrant under paragraph (1) in an amount

2 less than $52,500 to an eligible entity for a fis3 cal year to carry out an Even Start program

4 that is receiving assistance under this part or

5 its predecessor authority for the ninth (or any

6 subsequent) fiscal year.

7 ‘‘(C) EXCEPTION FOR SINGLE

8 SUBGRANT.—A State may award one subgrant

9 in each fiscal year of sufficient size, scope, and

10 quality to be effective in an amount less than

11 $75,000 if, after awarding subgrants under

12 paragraph (1) for such fiscal year in accordance

13 with subparagraphs (A) and (B), less than

14 $75,000 is available to the State to award such

15 subgrants.’’.

16 (h) USES OF FUNDS.—Section 1204 of the Elemen17 tary and Secondary Education Act of 1965 (20 U.S.C.

18 6364) is amended—

19 (1) in subsection (a), by striking ‘‘family-cen20 tered education programs’’ and inserting ‘‘family lit21 eracy services’’; and

22 (2) by adding at the end the following:

23 ‘‘(c) USE OF FUNDS FOR FAMILY LITERACY SERV24 ICES.—
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1 ‘‘(1) IN GENERAL.—From funds reserved under

2 section 1203(a), a State may use a portion of such

3 funds to assist eligible entities receiving a subgrant

4 under section 1203(b) in improving the quality of

5 family literacy services provided under Even Start

6 programs under this part, except that in no case

7 may a State’s use of funds for this purpose for a fis8 cal year result in a decrease from the level of activi9 ties and services provided to program participants in

10 the preceding year.

11 ‘‘(2) PRIORITY.—In carrying out paragraph (1),

12 a State shall give priority to programs that were of

13 low quality, as evaluated based on the indicators of

14 program quality developed by the State under sec15 tion 1210.

16 ‘‘(3) TECHNICAL ASSISTANCE TO HELP LOCAL

17 PROGRAMS RAISE ADDITIONAL FUNDS.—In carrying

18 out paragraph (1), a State may use the funds re19 ferred to in such paragraph to provide technical as20 sistance to help local programs of demonstrated ef21 fectiveness to access and leverage additional funds

22 for the purpose of expanding services and reducing

23 waiting lists, including requesting and applying for

24 non-Federal resources.
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1 ‘‘(4) TECHNICAL ASSISTANCE AND TRAINING.—

2 Assistance under paragraph (1) shall be in the form

3 of technical assistance and training, provided by a

4 State through a grant, contract, or cooperative

5 agreement with an entity that has experience in of6 fering high quality training and technical assistance

7 to family literacy providers.’’.

8 (i) PROGRAM ELEMENTS.—Section 1205 of the Ele9 mentary and Secondary Education Act of 1965 (20 U.S.C.

10 6365) is amended—

11 (1) by redesignating paragraphs (9) and (10)

12 as paragraphs (14) and (15), respectively;

13 (2) by redesignating paragraphs (5) through

14 (8) as paragraphs (6) through (9), respectively;

15 (3) by inserting after paragraph (4) the fol16 lowing:

17 ‘‘(5) with respect to the qualifications of staff

18 the cost of whose salaries are paid, in whole or in

19 part, with Federal funds provided under this part,

20 ensure that—

21 ‘‘(A) not later than 4 years after the date

22 of the enactment of the Literacy Involves Fami23 lies Together Act—

24 ‘‘(i) a majority of the individuals pro25 viding academic instruction—
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1 ‘‘(I) shall have obtained an asso2 ciate’s, bachelor’s, or graduate degree

3 in a field related to early childhood

4 education, elementary or secondary

5 school education, or adult education;

6 and

7 ‘‘(II) if applicable, shall meet

8 qualifications established by the State

9 for early childhood education, elemen10 tary or secondary school education, or

11 adult education provided as part of an

12 Even Start program or another family

13 literacy program;

14 ‘‘(ii) the individual responsible for ad15 ministration of family literacy services

16 under this part has received training in the

17 operation of a family literacy program; and

18 ‘‘(iii) paraprofessionals who provide

19 support for academic instruction have a

20 high school diploma or its recognized

21 equivalent; and

22 ‘‘(B) beginning on the date of the enact23 ment of the Literacy Involves Families To24 gether Act, all new personnel hired to provide

25 academic instruction—
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1 ‘‘(i) have obtained an associate’s,

2 bachelor’s, or graduate degree in a field re3 lated to early childhood education, elemen4 tary or secondary school education, or

5 adult education; and

6 ‘‘(ii) if applicable, meet qualifications

7 established by the State for early childhood

8 education, elementary or secondary school

9 education, or adult education provided as

10 part of an Even Start program or another

11 family literacy program;’’;

12 (4) in paragraph (8) (as so redesignated by

13 paragraph (2), by striking ‘‘or enrichment’’ and in14 serting ‘‘and enrichment’’.

15 (5) by inserting after paragraph (9) (as so re16 designated by paragraph (2)) the following:

17 ‘‘(10) use instructional programs based on sci18 entifically based reading research (as defined in sec19 tion 2252) for children and adults, to the extent

20 such research is available;

21 ‘‘(11) encourage participating families to attend

22 regularly and to remain in the program a sufficient

23 time to meet their program goals;

24 ‘‘(12) include reading readiness activities for

25 preschool children based on scientifically based read-
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1 ing research (as defined in section 2252), to the ex2 tent available, to ensure children enter school ready

3 to learn to read;

4 ‘‘(13) if applicable, promote the continuity of

5 family literacy to ensure that individuals retain and

6 improve their educational outcomes’’; and

7 (5) in paragraph (14) (as so redesignated), by

8 striking ‘‘program.’’ and inserting ‘‘program to be

9 used for program improvement.’’.

10 ( j) ELIGIBLE PARTICIPANTS.—Section 1206 of the

11 Elementary and Secondary Education Act of 1965 (20

12 U.S.C. 6366) is amended—

13 (1) in subsection (a)(1)(B) by striking ‘‘part;’’

14 and inserting ‘‘part, or who are attending secondary

15 school;’’; and

16 (2) in subsection (b), by adding at the end the

17 following:

18 ‘‘(3) CHILDREN 8 YEARS OF AGE OR OLDER.—

19 If an Even Start program assisted under this part

20 collaborates with a program under part A, and funds

21 received under such part A program contribute to

22 paying the cost of providing programs under this

23 part to children 8 years of age or older, the Even

24 Start program, notwithstanding subsection (a)(2),

25 may permit the participation of children 8 years of
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1 age or older if the focus of the program continues

2 to remain on families with young children.’’.

3 (k) PLAN.—Section 1207(c) of the Elementary and

4 Secondary Education Act of 1965 (20 U.S.C. 6367(c)) is

5 amended—

6 (1) in paragraph (1)—

7 (A) in the matter preceding subparagraph

8 (A), by inserting ‘‘and continuous improve9 ment’’ after ‘‘plan of operation’’;

10 (B) in subparagraph (A), by striking

11 ‘‘goals;’’ and inserting ‘‘objectives, strategies to

12 meet such objectives, and how they are con13 sistent with the program indicators established

14 by the State;’’;

15 (C) in subparagraph (E), by striking

16 ‘‘and’’ at the end;

17 (D) in subparagraph (F)—

18 (i) by striking ‘‘Act, the Goals 2000:

19 Educate America Act,’’ and inserting

20 ‘‘Act’’; and

21 (ii) by striking the period at the end

22 and inserting ‘‘; and’’; and

23 (E) by adding at the end the following:

24 ‘‘(G) a description of how the plan pro25 vides for rigorous and objective evaluation of
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1 progress toward the program objectives de2 scribed in subparagraph (A) and for continuing

3 use of evaluation data for program improve4 ment.’’; and

5 (2) in paragraph (2), in the matter preceding

6 subparagraph (A), by striking ‘‘(1)(A)’’ and insert7 ing ‘‘(1)’’.

8 (l) AWARD OF SUBGRANTS.—Section 1208 of the El9 ementary and Secondary Education Act of 1965 (20

10 U.S.C. 6368) is amended—

11 (1) in subsection (a)—

12 (A) in paragraph (1)(B)—

13 (i) by striking ‘‘including a high’’ and

14 inserting ‘‘such as a high’’; and

15 (ii) by striking ‘‘part A;’’ and insert16 ing ‘‘part A, a high number or percentage

17 of parents who have been victims of domes18 tic violence, or a high number or percent19 age of parents who are receiving assistance

20 under a State program funded under part

21 A of title IV of the Social Security Act (42

22 U.S.C. 601 et seq.);’’;

23 (B) in paragraph (1)(F), by striking ‘‘Fed24 eral’’ and inserting ‘‘non-Federal’’;
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1 (C) in paragraph (1)(H), by inserting

2 ‘‘family literacy projects and other’’ before

3 ‘‘local educational agencies’’; and

4 (D) in paragraph (3), in the matter pre5 ceding subparagraph (A), by striking ‘‘one or

6 more of the following individuals:’’ and insert7 ing ‘‘one individual with expertise in family lit8 eracy programs, and may include other individ9 uals, such as one or more of the following:’’;

10 and

11 (2) in subsection (b)—

12 (A) by striking paragraph (3) and insert13 ing the following:

14 ‘‘(3) CONTINUING ELIGIBILITY.—In awarding

15 subgrant funds to continue a program under this

16 part after the first year, the State educational agen17 cy shall review the progress of each eligible entity in

18 meeting the objectives of the program referred to in

19 section 1207(c)(1)(A) and shall evaluate the pro20 gram based on the indicators of program quality de21 veloped by the State under section 1210.’’; and

22 (B) by amending paragraph (5)(B) to read

23 as follows:
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1 ‘‘(B) The Federal share of any subgrant re2 newed under subparagraph (A) shall be limited in

3 accordance with section 1204(b).’’.

4 (m) RESEARCH.—Section 1211 of the Elementary

5 and Secondary Education Act of 1965 (20 U.S.C. 6369b)

6 is amended—

7 (1) in subsection (b), by striking ‘‘subsection

8 (a)’’ and inserting ‘‘subsections (a) and (b)’’;

9 (2) by redesignating subsection (b) as sub10 section (c); and

11 (3) by inserting after subsection (a) the fol12 lowing:

13 ‘‘(b) SCIENTIFICALLY BASED RESEARCH ON FAMILY

14 LITERACY.—

15 ‘‘(1) IN GENERAL.—From amounts reserved

16 under section 1202(b)(2), the National Institute for

17 Literacy, in consultation with the Secretary, shall

18 carry out research that—

19 ‘‘(A) is scientifically based reading re20 search (as defined in section 2252); and

21 ‘‘(B) determines—

22 ‘‘(i) the most effective ways of improv23 ing the literacy skills of adults with read24 ing difficulties; and
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1 ‘‘(ii) how family literacy services can

2 best provide parents with the knowledge

3 and skills they need to support their chil4 dren’s literacy development.

5 ‘‘(2) USE OF EXPERT ENTITY.—The National

6 Institute for Literacy, in consultation with the Sec7 retary, shall carry out the research under paragraph

8 (1) through an entity, including a Federal agency,

9 that has expertise in carrying out longitudinal stud10 ies of the development of literacy skills in children

11 and has developed effective interventions to help

12 children with reading difficulties.’’.

13 (n) INDICATORS OF PROGRAM QUALITY.—Not later

14 than 30 days after the date of the enactment of this Act,

15 the Secretary shall notify each State that receives funds

16 under part B of title I of the Elementary and Secondary

17 Education Act of 1965 that to be eligible to receive fiscal

18 year 2001 funds under part B, such State shall submit

19 to the Secretary, not later than June 30, 2001, its indica20 tors of program quality as described in section 1210 of

21 the Elementary and Secondary Education Act of 1965. A

22 State that fails to comply with this subsection shall be in23 eligible to receive funds under such part in subsequent

24 years unless such State submits to the Secretary, not later

25 than June 30 of the year in which funds are requested,
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1 its indicators of program quality as described in section

2 1210 of the Elementary and Secondary Education Act of

3 1965.

4 SEC. 1605. EDUCATION OF MIGRATORY CHILDREN.

5 Section 1304(b) of the Elementary and Secondary

6 Education Act of 1965 (20 U.S.C. 6394(b)) is amended—

7 (1) in paragraph (5), by striking ‘‘and’’ at the

8 end;

9 (2) in paragraph (6), by striking the period at

10 the end and inserting ‘‘; and’’; and

11 (3) by adding at the end the following:

12 ‘‘(7) a description of how the State will encour13 age programs and projects assisted under this part

14 to offer family literacy services if the program or

15 project serves a substantial number of migratory

16 children who have parents who do not have a high

17 school diploma or its recognized equivalent or who

18 have low levels of literacy.’’.

19 SEC. 1606. DEFINITIONS.

20 (a) IN GENERAL.—Section 14101 of the Elementary

21 and Secondary Education Act of 1965 (20 U.S.C. 8801)

22 is amended—

23 (1) by redesignating paragraphs (15) through

24 (29) as paragraphs (16) through (30), respectively;

25 and
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1 (2) by inserting after paragraph (14) the fol2 lowing:

3 ‘‘(15) FAMILY LITERACY SERVICES.—The term

4 ‘family literacy services’ means services provided to

5 participants on a voluntary basis that are of suffi6 cient intensity in terms of hours, and of sufficient

7 duration, to make sustainable changes in a family,

8 and that integrate all of the following activities:

9 ‘‘(A) Interactive literacy activities between

10 parents and their children.

11 ‘‘(B) Training for parents regarding how

12 to be the primary teacher for their children and

13 full partners in the education of their children.

14 ‘‘(C) Parent literacy training that leads to

15 economic self-sufficiency.

16 ‘‘(D) An age-appropriate education to pre17 pare children for success in school and life ex18 periences.’’.

19 (b) CONFORMING AMENDMENTS.—

20 (1) EVEN START FAMILY LITERACY PRO21 GRAMS.—Section 1202(e) of the Elementary and

22 Secondary Education Act of 1965 (20 U.S.C.

23 6362(e)) is amended—

24 (A) by striking paragraph (3); and
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1 (B) by redesignating paragraphs (4) and

2 (5) as paragraphs (3) and (4), respectively.

3 (2) READING AND LITERACY GRANTS.—(A)

4 Section 2252 of the Elementary and Secondary Edu5 cation Act of 1965 (20 U.S.C. 6661a) is amended—

6 (i) by striking paragraph (2); and

7 (ii) by redesignating paragraphs (3)

8 through (5) as paragraphs (2) through (4), re9 spectively.

10 (B) Section 2260 of the Elementary and Sec11 ondary Education Act of 1965 (20 U.S.C. 6661i) is

12 amendmed—

13 (i) in subsection (a), by striking ‘‘and sec14 tion 1202(c)’’ each place it appears, and

15 (ii) in subsection (b)—

16 (I) in paragraph (1), by inserting

17 ‘‘and’’ after the semicolon;

18 (II) in paragraph (2), by striking ‘‘;

19 and ’’ and inserting a period; and

20 (III) by striking paragraph (3).

21 SEC. 1607. INDIAN EDUCATION.

22 (a) EARLY CHILDHOOD DEVELOPMENT PROGRAM.—

23 Section 1143 of the Education Amendments of 1978 (25

24 U.S.C. 2023) is amended—
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1 (1) in subsection (b)(1), in the matter pre2 ceding subparagraph (A)—

3 (A) by striking ‘‘(f )’’ and inserting ‘‘(g)’’;

4 and

5 (B) by striking ‘‘(e))’’ and inserting

6 ‘‘(f ))’’;

7 (2) in subsection (d)(1)—

8 (A) by redesignating subparagraphs (D)

9 and (E) as subparagraphs (E) and (F), respec10 tively; and

11 (B) by inserting after subparagraph (C)

12 the following:

13 ‘‘(D) family literacy services,’’;

14 (3) in subsection (e), by striking ‘‘(f ),’’ and in15 serting ‘‘(g),’’;

16 (4) by redesignating subsections (e) and (f ) as

17 subsections (f ) and (g), respectively; and

18 (5) by inserting after subsection (d) the fol19 lowing:

20 ‘‘(e) Family literacy programs operated under this

21 section, and other family literacy programs operated by

22 the Bureau of Indian Affairs, shall be coordinated with

23 family literacy programs for American Indian children

24 under part B of title I of the Elementary and Secondary

25 Education Act of 1965 in order to avoid duplication and
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1 to encourage the dissemination of information on quality

2 family literacy programs serving American Indians.’’.

3 (b) DEFINITIONS.—Section 1146 of the Education

4 Amendments of 1978 (25 U.S.C. 2026) is amended—

5 (1) by redesignating paragraphs (7) through

6 (14) as paragraphs (8) through (15), respectively;

7 and

8 (2) by inserting after paragraph (6) the fol9 lowing:

10 ‘‘(7) the term ‘family literacy services’ has the

11 meaning given such term in section 14101 of the El12 ementary and Secondary Education Act of 1965 (20

13 U.S.C. 8801);’’.

14 TITLE XVII—CHILDREN’S

15 INTERNET PROTECTION

16 SEC. 1701. SHORT TITLE.

17 This title may be cited as the ‘‘Children’s Internet

18 Protection Act’’.

19 SEC. 1702. DISCLAIMERS.

20 (a) DISCLAIMER REGARDING CONTENT.—Nothing in

21 this title or the amendments made by this title shall be

22 construed to prohibit a local educational agency, elemen23 tary or secondary school, or library from blocking access

24 on the Internet on computers owned or operated by that

25 agency, school, or library to any content other than con-
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1 tent covered by this title or the amendments made by this

2 title.

3 (b) DISCLAIMER REGARDING PRIVACY.—Nothing in

4 this title or the amendments made by this title shall be

5 construed to require the tracking of Internet use by any

6 identifiable minor or adult user.

7 SEC. 1703. STUDY OF TECHNOLOGY PROTECTION MEAS8 URES.

9 (a) IN GENERAL.—Not later than 18 months after

10 the date of the enactment of this Act, the National Tele11 communications and Information Administration shall ini12 tiate a notice and comment proceeding for purposes of—

13 (1) evaluating whether or not currently avail14 able technology protection measures, including com15 mercial Internet blocking and filtering software, ade16 quately addresses the needs of educational institu17 tions;

18 (2) making recommendations on how to foster

19 the development of measures that meet such needs;

20 and

21 (3) evaluating the development and effective22 ness of local Internet safety policies that are cur23 rently in operation after community input.

24 (b) DEFINITIONS.—In this section:
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1 (1) TECHNOLOGY PROTECTION MEASURE.—The

2 term ‘‘technology protection measure’’ means a spe3 cific technology that blocks or filters Internet access

4 to visual depictions that are—

5 (A) obscene, as that term is defined in sec6 tion 1460 of title 18, United States Code;

7 (B) child pornography, as that term is de8 fined in section 2256 of title 18, United States

9 Code; or

10 (C) harmful to minors.

11 (2) HARMFUL TO MINORS.—The term ‘‘harmful

12 to minors’’ means any picture, image, graphic image

13 file, or other visual depiction that—

14 (A) taken as a whole and with respect to

15 minors, appeals to a prurient interest in nudity,

16 sex, or excretion;

17 (B) depicts, describes, or represents, in a

18 patently offensive way with respect to what is

19 suitable for minors, an actual or simulated sex20 ual act or sexual contact, actual or simulated

21 normal or perverted sexual acts, or a lewd exhi22 bition of the genitals; and

23 (C) taken as a whole, lacks serious literary,

24 artistic, political, or scientific value as to mi25 nors.
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1 (3) SEXUAL ACT; SEXUAL CONTACT.—The

2 terms ‘‘sexual act’’ and ‘‘sexual contact’’ have the

3 meanings given such terms in section 2246 of title

4 18, United States Code.

5 Subtitle A—Federal Funding for

6 Educational Institution Computers

7 SEC. 1711. LIMITATION ON AVAILABILITY OF CERTAIN

8 FUNDS FOR SCHOOLS.

9 Title III of the Elementary and Secondary Education

10 Act of 1965 (20 U.S.C. 6801 et seq.) is amended by add11 ing at the end the following:

12 ‘‘PART F—LIMITATION ON AVAILABILITY OF

13 CERTAIN FUNDS FOR SCHOOLS

14 ‘‘SEC. 3601. LIMITATION ON AVAILABILITY OF CERTAIN

15 FUNDS FOR SCHOOLS.

16 ‘‘(a) INTERNET SAFETY.—

17 ‘‘(1) IN GENERAL.—No funds made available

18 under this title to a local educational agency for an

19 elementary or secondary school that does not receive

20 services at discount rates under section 254(h)(5) of

21 the Communications Act of 1934, as added by sec22 tion 1721 of Children’s Internet Protection Act, may

23 be used to purchase computers used to access the

24 Internet, or to pay for direct costs associated with

25 accessing the Internet, for such school unless the
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1 school, school board, local educational agency, or

2 other authority with responsibility for administration

3 of such school both—

4 ‘‘(A)(i) has in place a policy of Internet

5 safety for minors that includes the operation of

6 a technology protection measure with respect to

7 any of its computers with Internet access that

8 protects against access through such computers

9 to visual depictions that are—

10 ‘‘(I) obscene;

11 ‘‘(II) child pornography; or

12 ‘‘(III) harmful to minors; and

13 ‘‘(ii) is enforcing the operation of such

14 technology protection measure during any use

15 of such computers by minors; and

16 ‘‘(B)(i) has in place a policy of Internet

17 safety that includes the operation of a tech18 nology protection measure with respect to any

19 of its computers with Internet access that pro20 tects against access through such computers to

21 visual depictions that are—

22 ‘‘(I) obscene; or

23 ‘‘(II) child pornography; and
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1 ‘‘(ii) is enforcing the operation of such

2 technology protection measure during any use

3 of such computers.

4 ‘‘(2) TIMING AND APPLICABILITY OF IMPLE5 MENTATION.—

6 ‘‘(A) IN GENERAL.—The local educational

7 agency with responsibility for a school covered

8 by paragraph (1) shall certify the compliance of

9 such school with the requirements of paragraph

10 (1) as part of the application process for the

11 next program funding year under this Act fol12 lowing the effective date of this section, and for

13 each subsequent program funding year there14 after.

15 ‘‘(B) PROCESS.—

16 ‘‘(i) SCHOOLS WITH INTERNET SAFE17 TY POLICIES AND TECHNOLOGY PROTEC18 TION MEASURES IN PLACE.—A local edu19 cational agency with responsibility for a

20 school covered by paragraph (1) that has

21 in place an Internet safety policy meeting

22 the requirements of paragraph (1) shall

23 certify its compliance with paragraph (1)

24 during each annual program application

25 cycle under this Act.
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1 ‘‘(ii) SCHOOLS WITHOUT INTERNET

2 SAFETY POLICIES AND TECHNOLOGY PRO3 TECTION MEASURES IN PLACE.—A local

4 educational agency with responsibility for a

5 school covered by paragraph (1) that does

6 not have in place an Internet safety policy

7 meeting the requirements of paragraph

8 (1)—

9 ‘‘(I) for the first program year

10 after the effective date of this section

11 in which the local educational agency

12 is applying for funds for such school

13 under this Act, shall certify that it is

14 undertaking such actions, including

15 any necessary procurement proce16 dures, to put in place an Internet

17 safety policy that meets such require18 ments; and

19 ‘‘(II) for the second program

20 year after the effective date of this

21 section in which the local educational

22 agency is applying for funds for such

23 school under this Act, shall certify

24 that such school is in compliance with

25 such requirements.
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1 Any school covered by paragraph (1) for

2 which the local educational agency con3 cerned is unable to certify compliance with

4 such requirements in such second program

5 year shall be ineligible for all funding

6 under this title for such second program

7 year and all subsequent program years

8 until such time as such school comes into

9 compliance with such requirements.

10 ‘‘(iii) WAIVERS.—Any school subject

11 to a certification under clause (ii)(II) for

12 which the local educational agency con13 cerned cannot make the certification other14 wise required by that clause may seek a

15 waiver of that clause if State or local pro16 curement rules or regulations or competi17 tive bidding requirements prevent the mak18 ing of the certification otherwise required

19 by that clause. The local educational agen20 cy concerned shall notify the Secretary of

21 the applicability of that clause to the

22 school. Such notice shall certify that the

23 school will be brought into compliance with

24 the requirements in paragraph (1) before

25 the start of the third program year after
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1 the effective date of this section in which

2 the school is applying for funds under this

3 title.

4 ‘‘(3) DISABLING DURING CERTAIN USE.—An

5 administrator, supervisor, or person authorized by

6 the responsible authority under paragraph (1) may

7 disable the technology protection measure concerned

8 to enable access for bona fide research or other law9 ful purposes.

10 ‘‘(4) NONCOMPLIANCE.—

11 ‘‘(A) USE OF GENERAL EDUCATION PROVI12 SIONS ACT REMEDIES.—Whenever the Secretary

13 has reason to believe that any recipient of funds

14 under this title is failing to comply substantially

15 with the requirements of this subsection, the

16 Secretary may—

17 ‘‘(i) withhold further payments to the

18 recipient under this title,

19 ‘‘(ii) issue a complaint to compel com20 pliance of the recipient through a cease

21 and desist order, or

22 ‘‘(iii) enter into a compliance agree23 ment with a recipient to bring it into com24 pliance with such requirements,
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1 in same manner as the Secretary is authorized

2 to take such actions under sections 455, 456,

3 and 457, respectively, of the General Education

4 Provisions Act (20 U.S.C. 1234d).

5 ‘‘(B) RECOVERY OF FUNDS PROHIBITED.—

6 The actions authorized by subparagraph (A)

7 are the exclusive remedies available with respect

8 to the failure of a school to comply substantially

9 with a provision of this subsection, and the Sec10 retary shall not seek a recovery of funds from

11 the recipient for such failure.

12 ‘‘(C) RECOMMENCEMENT OF PAYMENTS.—

13 Whenever the Secretary determines (whether by

14 certification or other appropriate evidence) that

15 a recipient of funds who is subject to the with16 holding of payments under subparagraph (A)(i)

17 has cured the failure providing the basis for the

18 withholding of payments, the Secretary shall

19 cease the withholding of payments to the recipi20 ent under that subparagraph.

21 ‘‘(5) DEFINITIONS.—In this section:

22 ‘‘(A) COMPUTER.—The term ‘computer’

23 includes any hardware, software, or other tech24 nology attached or connected to, installed in, or

25 otherwise used in connection with a computer.
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1 ‘‘(B) ACCESS TO INTERNET.—A computer

2 shall be considered to have access to the Inter3 net if such computer is equipped with a modem

4 or is connected to a computer network which

5 has access to the Internet.

6 ‘‘(C) ACQUISITION OR OPERATION.—A ele7 mentary or secondary school shall be considered

8 to have received funds under this title for the

9 acquisition or operation of any computer if such

10 funds are used in any manner, directly or

11 indirectly—

12 ‘‘(i) to purchase, lease, or otherwise

13 acquire or obtain the use of such com14 puter; or

15 ‘‘(ii) to obtain services, supplies, soft16 ware, or other actions or materials to sup17 port, or in connection with, the operation

18 of such computer.

19 ‘‘(D) MINOR.—The term ‘minor’ means an

20 individual who has not attained the age of 17.

21 ‘‘(E) CHILD PORNOGRAPHY.—The term

22 ‘child pornography’ has the meaning given such

23 term in section 2256 of title 18, United States

24 Code.
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1 ‘‘(F) HARMFUL TO MINORS.—The term

2 ‘harmful to minors’ means any picture, image,

3 graphic image file, or other visual depiction

4 that—

5 ‘‘(i) taken as a whole and with respect

6 to minors, appeals to a prurient interest in

7 nudity, sex, or excretion;

8 ‘‘(ii) depicts, describes, or represents,

9 in a patently offensive way with respect to

10 what is suitable for minors, an actual or

11 simulated sexual act or sexual contact, ac12 tual or simulated normal or perverted sex13 ual acts, or a lewd exhibition of the geni14 tals; and

15 ‘‘(iii) taken as a whole, lacks serious

16 literary, artistic, political, or scientific

17 value as to minors.

18 ‘‘(G) OBSCENE.—The term ‘obscene’ has

19 the meaning given such term in section 1460 of

20 title 18, United States Code.

21 ‘‘(H) SEXUAL ACT; SEXUAL CONTACT.—

22 The terms ‘sexual act’ and ‘sexual contact’ have

23 the meanings given such terms in section 2246

24 of title 18, United States Code.
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1 ‘‘(b) EFFECTIVE DATE.—This section shall take ef2 fect 120 days after the date of the enactment of the Chil3 dren’s Internet Protection Act.

4 ‘‘(c) SEPARABILITY.—If any provision of this section

5 is held invalid, the remainder of this section shall not be

6 affected thereby.’’.

7 SEC. 1712. LIMITATION ON AVAILABILITY OF CERTAIN

8 FUNDS FOR LIBRARIES.

9 (a) AMENDMENT.—Section 224 of the Museum and

10 Library Services Act (20 U.S.C. 9134(b)) is amended—

11 (1) in subsection (b)—

12 (A) by redesignating paragraph (6) as

13 paragraph (7); and

14 (B) by inserting after paragraph (5) the

15 following new paragraph:

16 ‘‘(6) provide assurances that the State will com17 ply with subsection (f ); and’’; and

18 (2) by adding at the end the following new sub19 section:

20 ‘‘(f ) INTERNET SAFETY.—

21 ‘‘(1) IN GENERAL.—No funds made available

22 under this Act for a library described in section

23 213(2)(A) or (B) that does not receive services at

24 discount rates under section 254(h)(6) of the Com25 munications Act of 1934, as added by section 1721
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1 of this Children’s Internet Protection Act, may be

2 used to purchase computers used to access the Inter3 net, or to pay for direct costs associated with access4 ing the Internet, for such library unless—

5 ‘‘(A) such library—

6 ‘‘(i) has in place a policy of Internet

7 safety for minors that includes the oper8 ation of a technology protection measure

9 with respect to any of its computers with

10 Internet access that protects against access

11 through such computers to visual depic12 tions that are—

13 ‘‘(I) obscene;

14 ‘‘(II) child pornography; or

15 ‘‘(III) harmful to minors; and

16 ‘‘(ii) is enforcing the operation of such

17 technology protection measure during any

18 use of such computers by minors; and

19 ‘‘(B) such library—

20 ‘‘(i) has in place a policy of Internet

21 safety that includes the operation of a

22 technology protection measure with respect

23 to any of its computers with Internet ac24 cess that protects against access through
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1 such computers to visual depictions that

2 are—

3 ‘‘(I) obscene; or

4 ‘‘(II) child pornography; and

5 ‘‘(ii) is enforcing the operation of such

6 technology protection measure during any

7 use of such computers.

8 ‘‘(2) ACCESS TO OTHER MATERIALS.—Nothing

9 in this subsection shall be construed to prohibit a li10 brary from limiting Internet access to or otherwise

11 protecting against materials other than those re12 ferred to in subclauses (I), (II), and (III) of para13 graph (1)(A)(i).

14 ‘‘(3) DISABLING DURING CERTAIN USE.—An

15 administrator, supervisor, or other authority may

16 disable a technology protection measure under para17 graph (1) to enable access for bona fide research or

18 other lawful purposes.

19 ‘‘(4) TIMING AND APPLICABILITY OF IMPLE20 MENTATION.—

21 ‘‘(A) IN GENERAL.—A library covered by

22 paragraph (1) shall certify the compliance of

23 such library with the requirements of paragraph

24 (1) as part of the application process for the

25 next program funding year under this Act fol-
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1 lowing the effective date of this subsection, and

2 for each subsequent program funding year

3 thereafter.

4 ‘‘(B) PROCESS.—

5 ‘‘(i) LIBRARIES WITH INTERNET

6 SAFETY POLICIES AND TECHNOLOGY PRO7 TECTION MEASURES IN PLACE.—A library

8 covered by paragraph (1) that has in place

9 an Internet safety policy meeting the re10 quirements of paragraph (1) shall certify

11 its compliance with paragraph (1) during

12 each annual program application cycle

13 under this Act.

14 ‘‘(ii) LIBRARIES WITHOUT INTERNET

15 SAFETY POLICIES AND TECHNOLOGY PRO16 TECTION MEASURES IN PLACE.—A library

17 covered by paragraph (1) that does not

18 have in place an Internet safety policy

19 meeting the requirements of paragraph

20 (1)—

21 ‘‘(I) for the first program year

22 after the effective date of this sub23 section in which the library applies for

24 funds under this Act, shall certify

25 that it is undertaking such actions, in-
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1 cluding any necessary procurement

2 procedures, to put in place an Inter3 net safety policy that meets such re4 quirements; and

5 ‘‘(II) for the second program

6 year after the effective date of this

7 subsection in which the library applies

8 for funds under this Act, shall certify

9 that such library is in compliance with

10 such requirements.

11 Any library covered by paragraph (1) that

12 is unable to certify compliance with such

13 requirements in such second program year

14 shall be ineligible for all funding under this

15 Act for such second program year and all

16 subsequent program years until such time

17 as such library comes into compliance with

18 such requirements.

19 ‘‘(iii) WAIVERS.—Any library subject

20 to a certification under clause (ii)(II) that

21 cannot make the certification otherwise re22 quired by that clause may seek a waiver of

23 that clause if State or local procurement

24 rules or regulations or competitive bidding

25 requirements prevent the making of the
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1 certification otherwise required by that

2 clause. The library shall notify the Direc3 tor of the Institute of Museum and Li4 brary Services of the applicability of that

5 clause to the library. Such notice shall cer6 tify that the library will comply with the

7 requirements in paragraph (1) before the

8 start of the third program year after the

9 effective date of this subsection for which

10 the library is applying for funds under this

11 Act.

12 ‘‘(5) NONCOMPLIANCE.—

13 ‘‘(A) USE OF GENERAL EDUCATION PROVI14 SIONS ACT REMEDIES.—Whenever the Director

15 of the Institute of Museum and Library Serv16 ices has reason to believe that any recipient of

17 funds this Act is failing to comply substantially

18 with the requirements of this subsection, the

19 Director may—

20 ‘‘(i) withhold further payments to the

21 recipient under this Act,

22 ‘‘(ii) issue a complaint to compel com23 pliance of the recipient through a cease

24 and desist order, or
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1 ‘‘(iii) enter into a compliance agree2 ment with a recipient to bring it into com3 pliance with such requirements.

4 ‘‘(B) RECOVERY OF FUNDS PROHIBITED.—

5 The actions authorized by subparagraph (A)

6 are the exclusive remedies available with respect

7 to the failure of a library to comply substan8 tially with a provision of this subsection, and

9 the Director shall not seek a recovery of funds

10 from the recipient for such failure.

11 ‘‘(C) RECOMMENCEMENT OF PAYMENTS.—

12 Whenever the Director determines (whether by

13 certification or other appropriate evidence) that

14 a recipient of funds who is subject to the with15 holding of payments under subparagraph (A)(i)

16 has cured the failure providing the basis for the

17 withholding of payments, the Director shall

18 cease the withholding of payments to the recipi19 ent under that subparagraph.

20 ‘‘(6) SEPARABILITY.—If any provision of this

21 subsection is held invalid, the remainder of this sub22 section shall not be affected thereby.

23 ‘‘(7) DEFINITIONS.—In this section:

24 ‘‘(A) CHILD PORNOGRAPHY.—The term

25 ‘child pornography’ has the meaning given such
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1 term in section 2256 of title 18, United States

2 Code.

3 ‘‘(B) HARMFUL TO MINORS.—The term

4 ‘harmful to minors’ means any picture, image,

5 graphic image file, or other visual depiction

6 that—

7 ‘‘(i) taken as a whole and with respect

8 to minors, appeals to a prurient interest in

9 nudity, sex, or excretion;

10 ‘‘(ii) depicts, describes, or represents,

11 in a patently offensive way with respect to

12 what is suitable for minors, an actual or

13 simulated sexual act or sexual contact, ac14 tual or simulated normal or perverted sex15 ual acts, or a lewd exhibition of the geni16 tals; and

17 ‘‘(iii) taken as a whole, lacks serious

18 literary, artistic, political, or scientific

19 value as to minors.

20 ‘‘(C) MINOR.—The term ‘minor’ means an

21 individual who has not attained the age of 17.

22 ‘‘(D) OBSCENE.—The term ‘obscene’ has

23 the meaning given such term in section 1460 of

24 title 18, United States Code.
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1 ‘‘(E) SEXUAL ACT; SEXUAL CONTACT.—

2 The terms ‘sexual act’ and ‘sexual contact’ have

3 the meanings given such terms in section 2246

4 of title 18, United States Code.’’.

5 (b) EFFECTIVE DATE.—The amendment made by

6 this section shall take effect 120 days after the date of

7 the enactment of this Act.

8 Subtitle B—Universal Service

9 Discounts

10 SEC. 1721. REQUIREMENT FOR SCHOOLS AND LIBRARIES

11 TO ENFORCE INTERNET SAFETY POLICIES

12 WITH TECHNOLOGY PROTECTION MEASURES

13 FOR COMPUTERS WITH INTERNET ACCESS AS

14 CONDITION OF UNIVERSAL SERVICE DIS15 COUNTS.

16 (a) SCHOOLS.—Section 254(h) of the Communica17 tions Act of 1934 (47 U.S.C. 254(h)) is amended—

18 (1) by redesignating paragraph (5) as para19 graph (7); and

20 (2) by inserting after paragraph (4) the fol21 lowing new paragraph (5):

22 ‘‘(5) REQUIREMENTS FOR CERTAIN SCHOOLS

23 WITH COMPUTERS HAVING INTERNET ACCESS.—

24 ‘‘(A) INTERNET SAFETY.—
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1 ‘‘(i) IN GENERAL.—Except as pro2 vided in clause (ii), an elementary or sec3 ondary school having computers with

4 Internet access may not receive services at

5 discount rates under paragraph (1)(B) un6 less the school, school board, local edu7 cational agency, or other authority with re8 sponsibility for administration of the

9 school—

10 ‘‘(I) submits to the Commission

11 the certifications described in sub12 paragraphs (B) and (C);

13 ‘‘(II) submits to the Commission

14 a certification that an Internet safety

15 policy has been adopted and imple16 mented for the school under sub17 section (l); and

18 ‘‘(III) ensures the use of such

19 computers in accordance with the cer20 tifications.

21 ‘‘(ii) APPLICABILITY.—The prohibi22 tion in clause (i) shall not apply with re23 spect to a school that receives services at

24 discount rates under paragraph (1)(B)

25 only for purposes other than the provision
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1 of Internet access, Internet service, or in2 ternal connections.

3 ‘‘(iii) PUBLIC NOTICE; HEARING.—An

4 elementary or secondary school described

5 in clause (i), or the school board, local edu6 cational agency, or other authority with re7 sponsibility for administration of the

8 school, shall provide reasonable public no9 tice and hold at least one public hearing or

10 meeting to address the proposed Internet

11 safety policy. In the case of an elementary

12 or secondary school other than an elemen13 tary or secondary school as defined in sec14 tion 14101 of the Elementary and Sec15 ondary Education Act of 1965 (20 U.S.C.

16 8801), the notice and hearing required by

17 this clause may be limited to those mem18 bers of the public with a relationship to the

19 school.

20 ‘‘(B) CERTIFICATION WITH RESPECT TO

21 MINORS.—A certification under this subpara22 graph is a certification that the school, school

23 board, local educational agency, or other au24 thority with responsibility for administration of

25 the school—
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1 ‘‘(i) is enforcing a policy of Internet

2 safety for minors that includes monitoring

3 the online activities of minors and the op4 eration of a technology protection measure

5 with respect to any of its computers with

6 Internet access that protects against access

7 through such computers to visual depic8 tions that are—

9 ‘‘(I) obscene;

10 ‘‘(II) child pornography; or

11 ‘‘(III) harmful to minors; and

12 ‘‘(ii) is enforcing the operation of such

13 technology protection measure during any

14 use of such computers by minors.

15 ‘‘(C) CERTIFICATION WITH RESPECT TO

16 ADULTS.—A certification under this paragraph

17 is a certification that the school, school board,

18 local educational agency, or other authority

19 with responsibility for administration of the

20 school—

21 ‘‘(i) is enforcing a policy of Internet

22 safety that includes the operation of a

23 technology protection measure with respect

24 to any of its computers with Internet ac25 cess that protects against access through
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1 such computers to visual depictions that

2 are—

3 ‘‘(I) obscene; or

4 ‘‘(II) child pornography; and

5 ‘‘(ii) is enforcing the operation of such

6 technology protection measure during any

7 use of such computers.

8 ‘‘(D) DISABLING DURING ADULT USE.—An

9 administrator, supervisor, or other person au10 thorized by the certifying authority under sub11 paragraph (A)(i) may disable the technology

12 protection measure concerned, during use by an

13 adult, to enable access for bona fide research or

14 other lawful purpose.

15 ‘‘(E) TIMING OF IMPLEMENTATION.—

16 ‘‘(i) IN GENERAL.—Subject to clause

17 (ii) in the case of any school covered by

18 this paragraph as of the effective date of

19 this paragraph under section 1721(h) of

20 the Children’s Internet Protection Act, the

21 certification under subparagraphs (B) and

22 (C) shall be made—

23 ‘‘(I) with respect to the first pro24 gram funding year under this sub25 section following such effective date,
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•HR 5666 IH

1 not later than 120 days after the be2 ginning of such program funding year;

3 and

4 ‘‘(II) with respect to any subse5 quent program funding year, as part

6 of the application process for such

7 program funding year.

8 ‘‘(ii) PROCESS.—

9 ‘‘(I) SCHOOLS WITH INTERNET

10 SAFETY POLICY AND TECHNOLOGY

11 PROTECTION MEASURES IN PLACE.—

12 A school covered by clause (i) that has

13 in place an Internet safety policy and

14 technology protection measures meet15 ing the requirements necessary for

16 certification under subparagraphs (B)

17 and (C) shall certify its compliance

18 with subparagraphs (B) and (C) dur19 ing each annual program application

20 cycle under this subsection, except

21 that with respect to the first program

22 funding year after the effective date

23 of this paragraph under section

24 1721(h) of the Children’s Internet

25 Protection Act, the certifications shall
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1 be made not later than 120 days after

2 the beginning of such first program

3 funding year.

4 ‘‘(II) SCHOOLS WITHOUT INTER5 NET SAFETY POLICY AND TECH6 NOLOGY PROTECTION MEASURES IN

7 PLACE.—A school covered by clause

8 (i) that does not have in place an

9 Internet safety policy and technology

10 protection measures meeting the re11 quirements necessary for certification

12 under subparagraphs (B) and (C)—

13 ‘‘(aa) for the first program

14 year after the effective date of

15 this subsection in which it is ap16 plying for funds under this sub17 section, shall certify that it is un18 dertaking such actions, including

19 any necessary procurement pro20 cedures, to put in place an Inter21 net safety policy and technology

22 protection measures meeting the

23 requirements necessary for cer24 tification under subparagraphs

25 (B) and (C); and
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1 ‘‘(bb) for the second pro2 gram year after the effective date

3 of this subsection in which it is

4 applying for funds under this

5 subsection, shall certify that it is

6 in compliance with subpara7 graphs (B) and (C).

8 Any school that is unable to certify

9 compliance with such requirements in

10 such second program year shall be in11 eligible for services at discount rates

12 or funding in lieu of services at such

13 rates under this subsection for such

14 second year and all subsequent pro15 gram years under this subsection,

16 until such time as such school comes

17 into compliance with this paragraph.

18 ‘‘(III) WAIVERS.—Any school

19 subject to subclause (II) that cannot

20 come into compliance with subpara21 graphs (B) and (C) in such second

22 year program may seek a waiver of

23 subclause (II)(bb) if State or local

24 procurement rules or regulations or

25 competitive bidding requirements pre-
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1 vent the making of the certification

2 otherwise required by such subclause.

3 A school, school board, local edu4 cational agency, or other authority

5 with responsibility for administration

6 of the school shall notify the Commis7 sion of the applicability of such sub8 clause to the school. Such notice shall

9 certify that the school in question will

10 be brought into compliance before the

11 start of the third program year after

12 the effective date of this subsection in

13 which the school is applying for funds

14 under this subsection.

15 ‘‘(F) NONCOMPLIANCE.—

16 ‘‘(i) FAILURE TO SUBMIT CERTIFI17 CATION.—Any school that knowingly fails

18 to comply with the application guidelines

19 regarding the annual submission of certifi20 cation required by this paragraph shall not

21 be eligible for services at discount rates or

22 funding in lieu of services at such rates

23 under this subsection.

24 ‘‘(ii) FAILURE TO COMPLY WITH CER25 TIFICATION.—Any school that knowingly
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1 fails to ensure the use of its computers in

2 accordance with a certification under sub3 paragraphs (B) and (C) shall reimburse

4 any funds and discounts received under

5 this subsection for the period covered by

6 such certification.

7 ‘‘(iii) REMEDY OF NONCOMPLIANCE.—

8 ‘‘(I) FAILURE TO SUBMIT.—A

9 school that has failed to submit a cer10 tification under clause (i) may remedy

11 the failure by submitting the certifi12 cation to which the failure relates.

13 Upon submittal of such certification,

14 the school shall be eligible for services

15 at discount rates under this sub16 section.

17 ‘‘(II) FAILURE TO COMPLY.—A

18 school that has failed to comply with

19 a certification as described in clause

20 (ii) may remedy the failure by ensur21 ing the use of its computers in accord22 ance with such certification. Upon

23 submittal to the Commission of a cer24 tification or other appropriate evi25 dence of such remedy, the school shall
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1 be eligible for services at discount

2 rates under this subsection.’’.

3 (b) LIBRARIES.—Such section 254(h) is further

4 amended by inserting after paragraph (5), as amended by

5 subsection (a) of this section, the following new para6 graph:

7 ‘‘(6) REQUIREMENTS FOR CERTAIN LIBRARIES

8 WITH COMPUTERS HAVING INTERNET ACCESS.—

9 ‘‘(A) INTERNET SAFETY.—

10 ‘‘(i) IN GENERAL.—Except as pro11 vided in clause (ii), a library having one or

12 more computers with Internet access may

13 not receive services at discount rates under

14 paragraph (1)(B) unless the library—

15 ‘‘(I) submits to the Commission

16 the certifications described in sub17 paragraphs (B) and (C); and

18 ‘‘(II) submits to the Commission

19 a certification that an Internet safety

20 policy has been adopted and imple21 mented for the library under sub22 section (l); and

23 ‘‘(III) ensures the use of such

24 computers in accordance with the cer25 tifications.
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1 ‘‘(ii) APPLICABILITY.—The prohibi2 tion in clause (i) shall not apply with re3 spect to a library that receives services at

4 discount rates under paragraph (1)(B)

5 only for purposes other than the provision

6 of Internet access, Internet service, or in7 ternal connections.

8 ‘‘(iii) PUBLIC NOTICE; HEARING.—A

9 library described in clause (i) shall provide

10 reasonable public notice and hold at least

11 one public hearing or meeting to address

12 the proposed Internet safety policy.

13 ‘‘(B) CERTIFICATION WITH RESPECT TO

14 MINORS.—A certification under this subpara15 graph is a certification that the library—

16 ‘‘(i) is enforcing a policy of Internet

17 safety that includes the operation of a

18 technology protection measure with respect

19 to any of its computers with Internet ac20 cess that protects against access through

21 such computers to visual depictions that

22 are—

23 ‘‘(I) obscene;

24 ‘‘(II) child pornography; or

25 ‘‘(III) harmful to minors; and
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•HR 5666 IH

1 ‘‘(ii) is enforcing the operation of such

2 technology protection measure during any

3 use of such computers by minors.

4 ‘‘(C) CERTIFICATION WITH RESPECT TO

5 ADULTS.—A certification under this paragraph

6 is a certification that the library—

7 ‘‘(i) is enforcing a policy of Internet

8 safety that includes the operation of a

9 technology protection measure with respect

10 to any of its computers with Internet ac11 cess that protects against access through

12 such computers to visual depictions that

13 are—

14 ‘‘(I) obscene; or

15 ‘‘(II) child pornography; and

16 ‘‘(ii) is enforcing the operation of such

17 technology protection measure during any

18 use of such computers.

19 ‘‘(D) DISABLING DURING ADULT USE.—An

20 administrator, supervisor, or other person au21 thorized by the certifying authority under sub22 paragraph (A)(i) may disable the technology

23 protection measure concerned, during use by an

24 adult, to enable access for bona fide research or

25 other lawful purpose.
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1 ‘‘(E) TIMING OF IMPLEMENTATION.—

2 ‘‘(i) IN GENERAL.—Subject to clause

3 (ii) in the case of any library covered by

4 this paragraph as of the effective date of

5 this paragraph under section 1721(h) of

6 the Children’s Internet Protection Act, the

7 certification under subparagraphs (B) and

8 (C) shall be made—

9 ‘‘(I) with respect to the first pro10 gram funding year under this sub11 section following such effective date,

12 not later than 120 days after the be13 ginning of such program funding year;

14 and

15 ‘‘(II) with respect to any subse16 quent program funding year, as part

17 of the application process for such

18 program funding year.

19 ‘‘(ii) PROCESS.—

20 ‘‘(I) LIBRARIES WITH INTERNET

21 SAFETY POLICY AND TECHNOLOGY

22 PROTECTION MEASURES IN PLACE.—

23 A library covered by clause (i) that

24 has in place an Internet safety policy

25 and technology protection measures
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1 meeting the requirements necessary

2 for certification under subparagraphs

3 (B) and (C) shall certify its compli4 ance with subparagraphs (B) and (C)

5 during each annual program applica6 tion cycle under this subsection, ex7 cept that with respect to the first pro8 gram funding year after the effective

9 date of this paragraph under section

10 1721(h) of the Children’s Internet

11 Protection Act, the certifications shall

12 be made not later than 120 days after

13 the beginning of such first program

14 funding year.

15 ‘‘(II) LIBRARIES WITHOUT

16 INTERNET SAFETY POLICY AND TECH17 NOLOGY PROTECTION MEASURES IN

18 PLACE.—A library covered by clause

19 (i) that does not have in place an

20 Internet safety policy and technology

21 protection measures meeting the re22 quirements necessary for certification

23 under subparagraphs (B) and (C)—

24 ‘‘(aa) for the first program

25 year after the effective date of
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1 this subsection in which it is ap2 plying for funds under this sub3 section, shall certify that it is un4 dertaking such actions, including

5 any necessary procurement pro6 cedures, to put in place an Inter7 net safety policy and technology

8 protection measures meeting the

9 requirements necessary for cer10 tification under subparagraphs

11 (B) and (C); and

12 ‘‘(bb) for the second pro13 gram year after the effective date

14 of this subsection in which it is

15 applying for funds under this

16 subsection, shall certify that it is

17 in compliance with subpara18 graphs (B) and (C).

19 Any library that is unable to certify

20 compliance with such requirements in

21 such second program year shall be in22 eligible for services at discount rates

23 or funding in lieu of services at such

24 rates under this subsection for such

25 second year and all subsequent pro-
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1 gram years under this subsection,

2 until such time as such library comes

3 into compliance with this paragraph.

4 ‘‘(III) WAIVERS.—Any library

5 subject to subclause (II) that cannot

6 come into compliance with subpara7 graphs (B) and (C) in such second

8 year may seek a waiver of subclause

9 (II)(bb) if State or local procurement

10 rules or regulations or competitive

11 bidding requirements prevent the

12 making of the certification otherwise

13 required by such subclause. A library,

14 library board, or other authority with

15 responsibility for administration of the

16 library shall notify the Commission of

17 the applicability of such subclause to

18 the library. Such notice shall certify

19 that the library in question will be

20 brought into compliance before the

21 start of the third program year after

22 the effective date of this subsection in

23 which the library is applying for funds

24 under this subsection.

25 ‘‘(F) NONCOMPLIANCE.—
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1 ‘‘(i) FAILURE TO SUBMIT CERTIFI2 CATION.—Any library that knowingly fails

3 to comply with the application guidelines

4 regarding the annual submission of certifi5 cation required by this paragraph shall not

6 be eligible for services at discount rates or

7 funding in lieu of services at such rates

8 under this subsection.

9 ‘‘(ii) FAILURE TO COMPLY WITH CER10 TIFICATION.—Any library that knowingly

11 fails to ensure the use of its computers in

12 accordance with a certification under sub13 paragraphs (B) and (C) shall reimburse all

14 funds and discounts received under this

15 subsection for the period covered by such

16 certification.

17 ‘‘(iii) REMEDY OF NONCOMPLIANCE.—

18 ‘‘(I) FAILURE TO SUBMIT.—A li19 brary that has failed to submit a cer20 tification under clause (i) may remedy

21 the failure by submitting the certifi22 cation to which the failure relates.

23 Upon submittal of such certification,

24 the library shall be eligible for services
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1 at discount rates under this sub2 section.

3 ‘‘(II) FAILURE TO COMPLY.—A

4 library that has failed to comply with

5 a certification as described in clause

6 (ii) may remedy the failure by ensur7 ing the use of its computers in accord8 ance with such certification. Upon

9 submittal to the Commission of a cer10 tification or other appropriate evi11 dence of such remedy, the library

12 shall be eligible for services at dis13 count rates under this subsection.’’.

14 (c) DEFINITIONS.—Paragraph (7) of such section, as

15 redesignated by subsection (a)(1) of this section, is

16 amended by adding at the end the following:

17 ‘‘(D) MINOR.—The term ‘minor’ means

18 any individual who has not attained the age of

19 17 years.

20 ‘‘(E) OBSCENE.—The term ‘obscene’ has

21 the meaning given such term in section 1460 of

22 title 18, United States Code.

23 ‘‘(F) CHILD PORNOGRAPHY.—The term

24 ‘child pornography’ has the meaning given such
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1 term in section 2256 of title 18, United States

2 Code.

3 ‘‘(G) HARMFUL TO MINORS.—The term

4 ‘harmful to minors’ means any picture, image,

5 graphic image file, or other visual depiction

6 that—

7 ‘‘(i) taken as a whole and with respect

8 to minors, appeals to a prurient interest in

9 nudity, sex, or excretion;

10 ‘‘(ii) depicts, describes, or represents,

11 in a patently offensive way with respect to

12 what is suitable for minors, an actual or

13 simulated sexual act or sexual contact, ac14 tual or simulated normal or perverted sex15 ual acts, or a lewd exhibition of the geni16 tals; and

17 ‘‘(iii) taken as a whole, lacks serious

18 literary, artistic, political, or scientific

19 value as to minors.

20 ‘‘(H) SEXUAL ACT; SEXUAL CONTACT.—

21 The terms ‘sexual act’ and ‘sexual contact’ have

22 the meanings given such terms in section 2246

23 of title 18, United States Code.

24 ‘‘(I) TECHNOLOGY PROTECTION MEAS25 URE.—The term ‘technology protection meas-
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1 ure’ means a specific technology that blocks or

2 filters Internet access to the material covered

3 by a certification under paragraph (5) or (6) to

4 which such certification relates.’’.

5 (d) CONFORMING AMENDMENT.—Paragraph (4) of

6 such section is amended by striking ‘‘paragraph (5)(A)’’

7 and inserting ‘‘paragraph (7)(A)’’.

8 (e) SEPARABILITY.—If any provision of paragraph

9 (5) or (6) of section 254(h) of the Communications Act

10 of 1934, as amended by this section, or the application

11 thereof to any person or circumstance is held invalid, the

12 remainder of such paragraph and the application of such

13 paragraph to other persons or circumstances shall not be

14 affected thereby.

15 (f ) REGULATIONS.—

16 (1) REQUIREMENT.—The Federal Communica17 tions Commission shall prescribe regulations for pur18 poses of administering the provisions of paragraphs

19 (5) and (6) of section 254(h) of the Communications

20 Act of 1934, as amended by this section.

21 (2) DEADLINE.—Notwithstanding any other

22 provision of law, the Commission shall prescribe reg23 ulations under paragraph (1) so as to ensure that

24 such regulations take effect 120 days after the date

25 of the enactment of this Act.
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1 (g) AVAILABILITY OF CERTAIN FUNDS FOR ACQUISI2 TION OF TECHNOLOGY PROTECTION MEASURES.—

3 (1) IN GENERAL.—Notwithstanding any other

4 provision of law, funds available under section 3134

5 or part A of title VI of the Elementary and Sec6 ondary Education Act of 1965, or under section 231

7 of the Library Services and Technology Act, may be

8 used for the purchase or acquisition of technology

9 protection measures that are necessary to meet the

10 requirements of this title and the amendments made

11 by this title. No other sources of funds for the pur12 chase or acquisition of such measures are authorized

13 by this title, or the amendments made by this title.

14 (2) TECHNOLOGY PROTECTION MEASURE DE15 FINED.—In this section, the term ‘‘technology pro16 tection measure’’ has the meaning given that term

17 in section 1703.

18 (h) EFFECTIVE DATE.—The amendments made by

19 this section shall take effect 120 days after the date of

20 the enactment of this Act.

21 Subtitle C—Neighborhood

22 Children’s Internet Protection

23 SEC. 1731. SHORT TITLE.

24 This subtitle may be cited as the ‘‘Neighborhood Chil25 dren’s Internet Protection Act’’.
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1 SEC. 1732. INTERNET SAFETY POLICY REQUIRED.

2 Section 254 of the Communications Act of 1934 (47

3 U.S.C. 254) is amended by adding at the end the fol4 lowing:

5 ‘‘(l) INTERNET SAFETY POLICY REQUIREMENT FOR

6 SCHOOLS AND LIBRARIES.—

7 ‘‘(1) IN GENERAL.—In carrying out its respon8 sibilities under subsection (h), each school or library

9 to which subsection (h) applies shall—

10 ‘‘(A) adopt and implement an Internet

11 safety policy that addresses—

12 ‘‘(i) access by minors to inappropriate

13 matter on the Internet and World Wide

14 Web;

15 ‘‘(ii) the safety and security of minors

16 when using electronic mail, chat rooms,

17 and other forms of direct electronic com18 munications;

19 ‘‘(iii) unauthorized access, including

20 so-called ‘hacking’, and other unlawful ac21 tivities by minors online;

22 ‘‘(iv) unauthorized disclosure, use,

23 and dissemination of personal identifica24 tion information regarding minors; and
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1 ‘‘(v) measures designed to restrict mi2 nors’ access to materials harmful to mi3 nors; and

4 ‘‘(B) provide reasonable public notice and

5 hold at least one public hearing or meeting to

6 address the proposed Internet safety policy.

7 ‘‘(2) LOCAL DETERMINATION OF CONTENT.—A

8 determination regarding what matter is inappro9 priate for minors shall be made by the school board,

10 local educational agency, library, or other authority

11 responsible for making the determination. No agency

12 or instrumentality of the United States Government

13 may—

14 ‘‘(A) establish criteria for making such de15 termination;

16 ‘‘(B) review the determination made by the

17 certifying school, school board, local educational

18 agency, library, or other authority; or

19 ‘‘(C) consider the criteria employed by the

20 certifying school, school board, local educational

21 agency, library, or other authority in the ad22 ministration of subsection (h)(1)(B).

23 ‘‘(3) AVAILABILITY FOR REVIEW.—Each Inter24 net safety policy adopted under this subsection shall

25 be made available to the Commission, upon request
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1 of the Commission, by the school, school board, local

2 educational agency, library, or other authority re3 sponsible for adopting such Internet safety policy for

4 purposes of the review of such Internet safety policy

5 by the Commission.

6 ‘‘(4) EFFECTIVE DATE.—This subsection shall

7 apply with respect to schools and libraries on or

8 after the date that is 120 days after the date of the

9 enactment of the Children’s Internet Protection

10 Act.’’.

11 SEC. 1733. IMPLEMENTING REGULATIONS.

12 Not later than 120 days after the date of enactment

13 of this Act, the Federal Communications Commission shall

14 prescribe regulations for purposes of section 254(l) of the

15 Communications Act of 1934, as added by section 1732

16 of this Act.

17 Subtitle D—Expedited Review

18 SEC. 1741. EXPEDITED REVIEW.

19 (a) THREE-JUDGE DISTRICT COURT HEARING.—

20 Notwithstanding any other provision of law, any civil ac21 tion challenging the constitutionality, on its face, of this

22 title or any amendment made by this title, or any provision

23 thereof, shall be heard by a district court of three judges

24 convened pursuant to the provisions of section 2284 of

25 title 28, United States Code.
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1 (b) APPELLATE REVIEW.—Notwithstanding any

2 other provision of law, an interlocutory or final judgment,

3 decree, or order of the court of three judges in an action

4 under subsection (a) holding this title or an amendment

5 made by this title, or any provision thereof, unconstitu6 tional shall be reviewable as a matter of right by direct

7 appeal to the Supreme Court. Any such appeal shall be

8 filed not more than 20 days after entry of such judgment,

9 decree, or order.

10 This Act may be cited as the ‘‘Miscellaneous Appro11 priations Act, 2001’’.

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