In the Senate of the United States,

October 21 (legislative day, October 2), 1998.

Resolved, That the Senate agree to the amendment of

the House of Representatives to the bill (S. 2117) entitled

‘‘An Act to authorize the construction of the Perkins County

Rural Water System and authorize financial assistance to the

Perkins County Rural Water System, Inc., a nonprofit corporation, in the planning and construction of the water supply system, and for other purposes’’ with the following

SENATE AMENDMENTS TO HOUSE AMENDMENT:

1 Ω1æPage 20, of the House engrossed amendment, strike

2 out all after line 3 over to and including line 24 on page

3 23 and insert:

4 TITLE IV—SLY PARK DAM AND

5 RESERVOIR, CALIFORNIA

6 SEC. 401. SHORT TITLE.

7 This title may be cited as the ‘‘Sly Park Unit Convey8 ance Act’’.

9 SEC. 402. DEFINITIONS.

10 For purposes of this title:
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1 (1) The term ‘‘District’’ means the El Dorado Ir2 rigation District, a political subdivision of the State

3 of California that has its principal place of business

4 in the city of Placerville, El Dorado County, Califor5 nia.

6 (2) The term ‘‘Secretary’’ means the Secretary of

7 the Interior.

8 (3) The term ‘‘Project’’ means the Sly Park Dam

9 and Reservoir, Camp Creek Diversion Dam and Tun10 nel, and conduits and canals held by the United

11 States pursuant to or related to the authorization in

12 the Act entitled ‘‘An Act to authorize the American

13 River Basin Development, California, for irrigation

14 and reclamation, and for other purposes’’, approved

15 October 14, 1949 (63 Stat. 852 chapter 690), which

16 are associated with the Sly Park Dam and Reservoir.

17 SEC. 403. CONVEYANCE OF PROJECT.

18 (a) IN GENERAL.—In consideration of the District ac19 cepting the obligations of the Federal Government for the

20 Project and subject to the payment by the District of the

21 net present value of the remaining repayment obligations

22 under contract numbered 14–06–200–949IR2, the Secretary

23 is authorized to convey all right, title and interest in and

24 to the Project to the District. Such transfer shall be subject

25 to a reversion in favor of the United States if the remaining
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1 repayment obligations to the United States, referred to in

2 section 405(a), are not completed. The net present value

3 shall be determined under Office of Management and Budg4 et Circular A–129 (in effect on the date of enactment of

5 this title).

6 (b) CONVEYANCE.—The Secretary shall complete the

7 conveyance as expeditiously as possible. If the conveyance

8 has not occurred within one year from the date of enactment

9 of this title, the Secretary shall submit a report to the Com10 mittee on Energy and Natural Resources of the United

11 States Senate and the Committee on Resources of the United

12 States House of Representatives on the status of the trans13 fer, any obstacles to completion of the transfer, and the an14 ticipated date for such transfer. If the Project is conveyed

15 within two years from the date of enactment of this title,

16 the costs of administrative action, including, but not lim17 ited to, any environmental compliance, shall be borne equal18 ly by the Secretary and the District. If the Project is not

19 conveyed within such two year period, the Secretary shall

20 assume all costs.

21 SEC. 404. RELATIONSHIP TO EXISTING OPERATIONS.

22 (a) IN GENERAL.—Nothing in this title shall be con23 strued as significantly expanding or otherwise changing the

24 use or operation of the Project from its current use and

25 operation.
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1 (b) FUTURE ALTERATIONS.—If the District alters the

2 operations or uses of the Project it shall comply with all

3 applicable laws or regulations governing such changes at

4 that time (subject to section 405).

5 SEC. 405. RELATIONSHIP TO CERTAIN CONTRACT OBLIGA6 TIONS.

7 (a) PAYMENT OBLIGATIONS NOT AFFECTED.—The con8 veyance of the Project under this title does not affect the

9 payment obligations of the District under the contract be10 tween the District and the Secretary numbered 14–06–200–

11 7734, as amended by contracts numbered 14–06–200–

12 4282A and 14–06–200–8536A. At any time, the District

13 may elect to prepay its remaining repayment obligations

14 under contract numbered 14–06–200–7734, as amended by

15 contracts numbered 14–06–200–4282A and 14–06–200–

16 8536A, by tendering to the Secretary the net present value,

17 at that time, of the remaining repayment obligation as de18 termined by Office of Management and Budget Circular A–

19 129 (in effect on the date of enactment of this title). Effec20 tive on the date of such tender, or on the date of completion

21 of all repayment obligations, whichever occurs first, any re22 versionary interest of the United States in and to the

23 Project is extinguished.

24 (b) PAYMENT OBLIGATIONS EXTINGUISHED.—Provi25 sion of consideration by the District in accordance with sec-
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1 tion 403(b) shall extinguish all payment obligations under

2 contract numbered 14–06–200–949IR2 between the District

3 and the Secretary.

4 SEC. 406. RELATIONSHIP TO OTHER LAWS.

5 (a) RECLAMATION LAWS.—Except as provided in sub6 section (b), upon enactment of this title the Reclamation

7 Act of 1902 (82 Stat. 388) and all Acts amendatory thereof

8 or supplemental thereto shall not apply to the Project.

9 (b) PAYMENTS INTO THE CENTRAL VALLEY PROJECT

10 RESTORATION FUND.—The El Dorado Irrigation District

11 shall continue to make payments into the Central Valley

12 Project Restoration Fund for 31 years after the date of the

13 enactment of this title. The District’s obligation shall be cal14 culated in the same manner as Central Valley Project water

15 contractors.

16 SEC. 407. LIABILITY.

17 Except as otherwise provided by law, effective on the

18 date of conveyance of the Project under this title, the United

19 States shall not be liable for damages of any kind arising

20 out of any act, omission, or occurrence based on its prior

21 ownership or operation of the conveyed property.

22 Ω2æPage 37, after line 10 of the House engrossed amend23 ment, insert:
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1 TITLE VIII—CARLSBAD IRRIGA2 TION PROJECT TITLE CON3 VEYANCE

4 SEC. 801. SHORT TITLE.

5 This title may be cited as the ‘‘Carlsbad Irrigation

6 Project Acquired Land Transfer Act’’.

7 SEC. 802. CONVEYANCE.

8 (a) LANDS AND FACILITIES.—

9 (1) IN GENERAL.—Except as provided in para10 graph (2), and subject to subsection (c), the Secretary

11 of the Interior (in this title referred to as the ‘‘Sec12 retary’’) may convey to the Carlsbad Irrigation Dis13 trict (a quasi-municipal corporation formed under

14 the laws of the State of New Mexico and in this title

15 referred to as the ‘‘District’’), all right, title, and in16 terest of the United States in and to the lands de17 scribed in subsection (b) (in this title referred to as

18 the ‘‘acquired lands’’) and all interests the United

19 States holds in the irrigation and drainage system of

20 the Carlsbad Project and all related lands including

21 ditch rider houses, maintenance shop and buildings,

22 and Pecos River Flume.

23 (2) LIMITATION.—

24 (A) RETAINED SURFACE RIGHTS.—The Sec25 retary shall retain title to the surface estate (but
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1 not the mineral estate) of such acquired lands

2 which are located under the footprint of Brantley

3 and Avalon dams or any other project dam or

4 reservoir division structure.

5 (B) STORAGE AND FLOW EASEMENT.—The

6 Secretary shall retain storage and flow easements

7 for any tracts located under the maximum spill8 way elevations of Avalon and Brantley Res9 ervoirs.

10 (b) ACQUIRED LANDS DESCRIBED.—The lands re11 ferred to in subsection (a) are those lands (including the

12 surface and mineral estate) in Eddy County, New Mexico,

13 described as the acquired lands and in section (7) of the

14 ‘‘Status of Lands and Title Report: Carlsbad Project’’ as

15 reported by the Bureau of Reclamation in 1978.

16 (c) TERMS AND CONDITIONS OF CONVEYANCE.—Any

17 conveyance of the acquired lands under this title shall be

18 subject to the following terms and conditions:

19 (1) MANAGEMENT AND USE, GENERALLY.—The

20 conveyed lands shall continue to be managed and used

21 by the District for the purposes for which the Carls22 bad Project was authorized, based on historic oper23 ations and consistent with the management of other

24 adjacent project lands.
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1 (2) ASSUMED RIGHTS AND OBLIGATIONS.—Ex2 cept as provided in paragraph (3), the District shall

3 assume all rights and obligations of the United States

4 under—

5 (A) the agreement dated July 28, 1994, be6 tween the United States and the Director, New

7 Mexico Department of Game and Fish (Docu8 ment No. 2–LM–40–00640), relating to manage9 ment of certain lands near Brantley Reservoir

10 for fish and wildlife purposes; and

11 (B) the agreement dated March 9, 1977, be12 tween the United States and the New Mexico De13 partment of Energy, Minerals, and Natural Re14 sources (Contract No. 7–07–57–X0888) for the

15 management and operation of Brantley Lake

16 State Park.

17 (3) EXCEPTIONS.—In relation to agreements re18 ferred to in paragraph (2)—

19 (A) the District shall not be obligated for

20 any financial support agreed to by the Sec21 retary, or the Secretary’s designee, in either

22 agreement; and

23 (B) the District shall not be entitled to any

24 receipts for revenues generated as a result of ei25 ther agreement.
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1 (d) COMPLETION OF CONVEYANCE.—If the Secretary

2 does not complete the conveyance within 180 days from the

3 date of enactment of this title, the Secretary shall submit

4 a report to the Congress within 30 days after that period

5 that includes a detailed explanation of problems that have

6 been encountered in completing the conveyance, and specific

7 steps that the Secretary has taken or will take to complete

8 the conveyance.

9 SEC. 803. LEASE MANAGEMENT AND PAST REVENUES COL10 LECTED FROM THE ACQUIRED LANDS.

11 (a) IDENTIFICATION AND NOTIFICATION OF LEASE12 HOLDERS.—Within 120 days after the date of enactment

13 of this title, the Secretary of the Interior shall—

14 (1) provide to the District a written identifica15 tion of all mineral and grazing leases in effect on the

16 acquired lands on the date of enactment of this title;

17 and

18 (2) notify all leaseholders of the conveyance au19 thorized by this title.

20 (b) MANAGEMENT OF MINERAL AND GRAZING LEASES,

21 LICENSES, AND PERMITS.—The District shall assume all

22 rights and obligations of the United States for all mineral

23 and grazing leases, licenses, and permits existing on the ac24 quired lands conveyed under section 802, and shall be enti25 tled to any receipts from such leases, licenses, and permits
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1 accruing after the date of conveyance. All such receipts shall

2 be used for purposes for which the Project was authorized

3 and for financing the portion of operations, maintenance,

4 and replacement of the Summer Dam which, prior to con5 veyance, was the responsibility of the Bureau of Reclama6 tion, with the exception of major maintenance programs in

7 progress prior to conveyance which shall be funded through

8 the cost share formulas in place at the time of conveyance.

9 The District shall continue to adhere to the current Bureau

10 of Reclamation mineral leasing stipulations for the Carls11 bad Project.

12 (c) AVAILABILITY OF AMOUNTS PAID INTO RECLAMA13 TION FUND.—

14 (1) EXISTING RECEIPTS.—Receipts in the rec15 lamation fund on the date of enactment of this title

16 which exist as construction credits to the Carlsbad

17 Project under the terms of the Mineral Leasing Act

18 for Acquired Lands (30 U.S.C. 351–359) shall be de19 posited in the General Treasury and credited to defi20 cit reduction or retirement of the Federal debt.

21 (2) RECEIPTS AFTER ENACTMENT.—Of the re22 ceipts from mineral and grazing leases, licenses, and

23 permits on acquired lands to be conveyed under sec24 tion 802, that are received by the United States after
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1 the date of enactment and before the date of convey2 ance—

3 (A) not to exceed $200,000 shall be available

4 to the Secretary for the actual costs of imple5 menting this title with any additional costs

6 shared equally between the Secretary and the

7 District; and

8 (B) the remainder shall be deposited into

9 the General Treasury of the United States and

10 credited to deficit reduction or retirement of the

11 Federal debt.

12 SEC. 804. VOLUNTARY WATER CONSERVATION PRACTICES.

13 Nothing in this title shall be construed to limit the

14 ability of the District to voluntarily implement water con15 servation practices.

16 SEC. 805. LIABILITY.

17 Effective on the date of conveyance of any lands and

18 facilities authorized by this title, the United States shall

19 not be held liable by any court for damages of any kind

20 arising out of any act, omission, or occurrence relating to

21 the conveyed property, except for damages caused by acts

22 of negligence committed by the United States or by its em23 ployees, agents, or contractors, prior to conveyance. Nothing

24 in this section shall be considered to increase the liability

25 of the United States beyond that provided under chapter
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1 171 of title 28, United States Code, popularly known as

2 the Federal Tort Claims Act.

3 SEC. 806. FUTURE BENEFITS.

4 Effective upon transfer, the lands and facilities trans5 ferred pursuant to this title shall not be entitled to receive

6 any further Reclamation benefits pursuant to the Reclama7 tion Act of June 17, 1902, and Acts supplementary thereof

8 or amendatory thereto attributable to their status as part

9 of a Reclamation Project.

10 TITLE IX—THOMAS COLE

11 NATIONAL HISTORIC SITE

12 SEC. 901. SHORT TITLE.

13 This title may be cited as the ‘‘Thomas Cole National

14 Historic Site Act’’.

15 SEC. 902. DEFINITIONS.

16 As used in this title:

17 (1) The term ‘‘historic site’’ means the Thomas

18 Cole National Historic Site established by section 904

19 of this title.

20 (2) The term ‘‘Hudson River artists’’ means art21 ists who were associated with the Hudson River school

22 of landscape painting.

23 (3) The term ‘‘plan’’ means the general manage24 ment plan developed pursuant to section 906(d).
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1 (4) The term ‘‘Secretary’’ means the Secretary of

2 the Interior.

3 (5) The term ‘‘Society’’ means the Greene County

4 Historical Society of Greene County, New York, which

5 owns the Thomas Cole home, studio, and other prop6 erty comprising the historic site.

7 SEC. 903. FINDINGS AND PURPOSES.

8 (a) FINDINGS.—Congress finds the following:

9 (1) The Hudson River school of landscape paint10 ing was inspired by Thomas Cole and was character11 ized by a group of 19th century landscape artists who

12 recorded and celebrated the landscape and wilderness

13 of America, particularly in the Hudson River Valley

14 region in the State of New York.

15 (2) Thomas Cole is recognized as America’s most

16 prominent landscape and allegorical painter of the

17 mid-19th century.

18 (3) Located in Greene County, New York, the

19 Thomas Cole House, also known as Thomas Cole’s

20 Cedar Grove, is listed on the National Register of

21 Historic Places and has been designated as a Na22 tional Historic Landmark.

23 (4) Within a 15 mile radius of the Thomas Cole

24 House, an area that forms a key part of the rich cul25 tural and natural heritage of the Hudson River Val-
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1 ley region, significant landscapes and scenes painted

2 by Thomas Cole and other Hudson River artists, such

3 as Frederic Church, survive intact.

4 (5) The State of New York has established the

5 Hudson River Valley Greenway to promote the preser6 vation, public use, and enjoyment of the natural and

7 cultural resources of the Hudson River Valley region.

8 (6) Establishment of the Thomas Cole National

9 Historic Site will provide opportunities for the illus10 tration and interpretation of cultural themes of the

11 heritage of the United States and unique opportuni12 ties for education, public use, and enjoyment.

13 (b) PURPOSES.—The purposes of this title are—

14 (1) to preserve and interpret the home and stu15 dio of Thomas Cole for the benefit, inspiration, and

16 education of the people of the United States;

17 (2) to help maintain the integrity of the setting

18 in the Hudson River Valley region that inspired ar19 tistic expression;

20 (3) to coordinate the interpretive, preservation,

21 and recreational efforts of Federal, State, and other

22 entities in the Hudson Valley region in order to en23 hance opportunities for education, public use, and en24 joyment; and
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1 (4) to broaden understanding of the Hudson

2 River Valley region and its role in American history

3 and culture.

4 SEC. 904. ESTABLISHMENT OF THOMAS COLE NATIONAL

5 HISTORIC SITE.

6 (a) ESTABLISHMENT.—There is established, as an af7 filiated area of the National Park System, the Thomas Cole

8 National Historic Site in the State of New York.

9 (b) DESCRIPTION.—The historic site shall consist of the

10 home and studio of Thomas Cole, comprising approxi11 mately 3.4 acres, located at 218 Spring Street, in the village

12 of Catskill, New York, as generally depicted on the boundary

13 map numbered TCH/80002, and dated March 1992.

14 SEC. 905. RETENTION OF OWNERSHIP AND MANAGEMENT

15 OF HISTORIC SITE BY GREENE COUNTY HIS16 TORICAL SOCIETY.

17 The Greene County Historical Society of Greene Coun18 ty, New York, shall continue to own, manage, and operate

19 the historic site.

20 SEC. 906. ADMINISTRATION OF HISTORIC SITE.

21 (a) APPLICABILITY OF NATIONAL PARK SYSTEM

22 LAWS.—The historic site shall be administered by the Soci23 ety in a manner consistent with this title and all laws gen24 erally applicable to units of the National Park System, in25 cluding the Act of August 25, 1916 (16 U.S.C. 1 et seq.;
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1 commonly known as the National Park Service Organic

2 Act), and the Act of August 21, 1935 (16 U.S.C. 461 et

3 seq.; commonly known as the Historic Sites, Buildings, and

4 Antiquities Act).

5 (b) COOPERATIVE AGREEMENTS.—

6 (1) ASSISTANCE TO SOCIETY.—The Secretary

7 may enter into cooperative agreements with the Soci8 ety to preserve the Thomas Cole House and other

9 structures in the historic site and to assist with edu10 cation programs and research and interpretation of

11 the Thomas Cole House and associated landscapes.

12 (2) OTHER ASSISTANCE.—To further the pur13 poses of this title, the Secretary may enter into coop14 erative agreements with the State of New York, the

15 Society, the Thomas Cole Foundation, and other pub16 lic and private entities to facilitate public under17 standing and enjoyment of the lives and works of the

18 Hudson River artists through the provision of assist19 ance to develop, present, and fund art exhibits, resi20 dent artist programs, and other appropriate activities

21 related to the preservation, interpretation, and use of

22 the historic site.

23 (c) ARTIFACTS AND PROPERTY.—The Secretary may

24 acquire personal property associated with, and appropriate

25 for, the interpretation of the historic site.
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1 (d) GENERAL MANAGEMENT PLAN.—Within two com2 plete fiscal years after the date of the enactment of this title,

3 the Secretary shall develop a general management plan for

4 the historic site with the cooperation of the Society. Upon

5 the completion of the plan, the Secretary shall provide a

6 copy of the plan to the Committee on Energy and Natural

7 Resources of the Senate and the Committee on Resources

8 of the House of Representatives. The plan shall include rec9 ommendations for regional wayside exhibits, to be carried

10 out through cooperative agreements with the State of New

11 York and other public and private entitles. The plan shall

12 be prepared in accordance with section 12(b) of Public Law

13 91–383 (16 U.S.C. 1a–1 et seq.; commonly known as the

14 National Park System General Authorities Act).

15 SEC. 907. AUTHORIZATION OF APPROPRIATIONS.

16 There are authorized to be appropriated such sums as

17 are necessary to carry out this title.
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1 TITLE X—REAUTHORIZATION OF

2 HISTORIC PRESERVATION

3 FUND AND ADVISORY COUN4 CIL ON HISTORIC PRESERVA5 TION

6 SEC. 1001. REAUTHORIZATION OF HISTORIC PRESERVA7 TION FUND.

8 The second sentence of section 108 of the National His9 toric Preservation Act (16 U.S.C. 470h) is amended by

10 striking ‘‘1997’’ and inserting ‘‘2004’’.

11 SEC. 1002. REAUTHORIZATION OF ADVISORY COUNCIL ON

12 HISTORIC PRESERVATION.

13 The last sentence of section 212(a) (16 U.S.C. 470t(a))

14 is amended by striking ‘‘2000’’ and inserting in lieu thereof,

15 ‘‘2004’’.

16 TITLE XI—EL CAMINO REAL DE

17 TIERRA ADENTRO NATIONAL

18 HISTORIC TRAIL

19 SEC. 1101. SHORT TITLE.

20 This title may be cited as the ‘‘El Camino Real de

21 Tierra Adentro National Historic Trail Act’’.

22 SEC. 1102. FINDINGS.

23 Congress finds that—

24 (1) El Camino Real de Tierra Adentro (the

25 Royal Road of the Interior), served as the primary
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1 route between the colonial Spanish capital of Mexico

2 City and the Spanish provincial capitals at San

3 Juan de Los Caballeros (1598–1600), San Gabriel

4 (1600–1609) and Santa Fe (1610–1821);

5 (2) the portion of El Camino Real in what is

6 now the United States extended between El Paso,

7 Texas, and present San Juan Pueblo, New Mexico, a

8 distance of 404 miles;

9 (3) El Camino Real is a symbol of the cultural

10 interaction between nations and ethnic groups and of

11 the commercial exchange that made possible the devel12 opment and growth of the borderland;

13 (4) American Indian groups, especially the

14 Pueblo Indians of the Rio Grande, developed trails for

15 trade long before Europeans arrived;

16 (5) in 1598, Juan de On ̃ate led a Spanish mili17 tary expedition along those trails to establish the

18 northern portion of El Camino Real;

19 (6) during the Mexican National Period and

20 part of the United States Territorial Period, El Ca21 mino Real facilitated the emigration of people to New

22 Mexico and other areas that were to become part of

23 the United States;

24 (7) the exploration, conquest, colonization, settle25 ment, religious conversion, and military occupation
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1 of a large area of the borderland was made possible

2 by El Camino Real, the historical period of which ex3 tended from 1598 to 1882;

4 (8) American Indians, European emigrants,

5 miners, ranchers, soldiers, and missionaries used El

6 Camino Real during the historic development of the

7 borderland, promoting cultural interaction among

8 Spaniards, other Europeans, American Indians,

9 Mexicans, and Americans; and

10 (9) El Camino Real fostered the spread of Ca11 tholicism, mining, an extensive network of commerce,

12 and ethnic and cultural traditions including music,

13 folklore, medicine, foods, architecture, language, place

14 names, irrigation systems, and Spanish law.

15 SEC. 1103. AUTHORIZATION AND ADMINISTRATION.

16 Section 5(a) of the National Trails System Act (16

17 U.S.C. 1244(a)) is amended—

18 (1) by designating the paragraphs relating to the

19 California National Historic Trail, the Pony Express

20 National Historic Trail, and the Selma to Montgom21 ery National Historic Trail as paragraphs (18), (19),

22 and (20), respectively; and

23 (2) by adding at the end the following:

24 ‘‘(21) EL CAMINO REAL DE TIERRA ADENTRO.—
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1 ‘‘(A) IN GENERAL.—El Camino Real de

2 Tierra Adentro (the Royal Road of the Interior)

3 National Historic Trail, a 404 mile long trail

4 from the Rio Grande near El Paso, Texas to San

5 Juan Pueblo, New Mexico, as generally depicted

6 on the maps entitled ‘United States Route: El

7 Camino Real de Tierra Adentro’, contained in

8 the report prepared pursuant to subsection (b)

9 entitled ‘National Historic Trail Feasibility

10 Study and Environmental Assessment: El Ca11 mino Real de Tierra Adentro, Texas-New Mex12 ico’, dated March 1997.

13 ‘‘(B) MAP.—A map generally depicting the

14 trail shall be on file and available for public in15 spection in the Office of the National Park Serv16 ice, Department of the Interior.

17 ‘‘(C) ADMINISTRATION.—The trail shall be

18 administered by the Secretary of the Interior.

19 ‘‘(D) LAND ACQUISITION.—No land or in20 terest in land outside the exterior boundaries of

21 any federally administered area may be acquired

22 by the United States for the trail except with the

23 consent of the owner of the land or interest in

24 land.
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1 ‘‘(E) VOLUNTEER GROUPS; CONSULTA2 TION.—The Secretary of the Interior shall—

3 ‘‘(i) encourage volunteer trail groups to

4 participate in the development and mainte5 nance of the trail; and

6 ‘‘(ii) consult with affected Federal,

7 State, local governmental, and tribal agen8 cies in the administration of the trail.

9 ‘‘(F) COORDINATION OF ACTIVITIES.—The

10 Secretary of the Interior may coordinate with

11 United States and Mexican public and non-gov12 ernmental organizations, academic institutions,

13 and, in consultation with the Secretary of State,

14 the government of Mexico and its political sub15 divisions, for the purpose of exchanging trail in16 formation and research, fostering trail preserva17 tion and educational programs, providing tech18 nical assistance, and working to establish an

19 international historic trail with complementary

20 preservation and education programs in each

21 nation.’’.
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1 TITLE XII—EL CAMINO REAL DE

2 LOS TEJAS NATIONAL HIS3 TORIC TRAIL

4 SEC. 1201. SHORT TITLE.

5 This title may be cited as the ‘‘El Camino Real de

6 los Tejas National Historic Trail Act of 1998’’.

7 SEC. 1202. FINDINGS.

8 Congress finds that—

9 (1) El Camino Real de los Tejas (the Royal

10 Road to the Tejas), served as the primary route be11 tween the Spanish viceregal capital of Mexico City

12 and the Spanish provincial capital of Tejas at Los

13 Adaes (1721–1773) and San Antonio (1773–1821);

14 (2) the seventeenth, eighteenth, and early nine15 teenth century rivalries among the European colonial

16 powers of Spain, France, and England and after

17 their independence, Mexico and the United States, for

18 dominion over lands fronting the Gulf of Mexico, were

19 played out along the evolving travel routes in this im20 mense area;

21 (3) the future of several American Indian na22 tions, whose prehistoric trails were later used by the

23 Spaniards for exploration and colonization, was tied

24 to these larger forces and events and the nations were
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1 fully involved in and affected by the complex cultural

2 interactions that ensued;

3 (4) the Old San Antonio Road was a series of

4 routes established in the early 19th century sharing

5 the same corridor and some routes of El Camino

6 Real, and carried American immigrants from the

7 east, contributing to the formation of the Republic of

8 Texas, and its annexation to the United States;

9 (5) the exploration, conquest, colonization, settle10 ment, migration, military occupation, religious con11 version, and cultural exchange that occurred in a

12 large area of the borderland was facilitated by El Ca13 mino Real de los Tejas as it carried Spanish and

14 Mexican influences northeastward, and by its succes15 sor, the Old San Antonio Road, which carried Amer16 ican influence westward, during a historic period

17 which extended from 1689 to 1850; and

18 (6) the portions of El Camino Real de los Tejas

19 in what is now the United States extended from the

20 Rio Grande near Eagle Pass and Laredo, Texas and

21 involved routes that changed through time, that total

22 almost 2,600 miles in combined length, generally

23 coursing northeasterly through San Antonio, Bastrop,

24 Nacogdoches, and San Augustine in Texas to
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1 Natchitoches, Louisiana, a general corridor distance

2 of 550 miles.

3 SEC. 1203. AUTHORIZATION AND ADMINISTRATION.

4 Section 5(a) of the National Trails System Act (16

5 U.S.C. 1244(a) is amended—

6 (1) by designating the paragraphs relating to the

7 California National Historic Trail, the Pony Express

8 National Historic Trail, and the Selma to Montgom9 ery National Historic Trail as paragraphs (18), (19),

10 and (20), respectively; and

11 (2) by adding at the end the following:

12 ‘‘(22) EL CAMINO REAL DE LOS TEJAS.—

13 ‘‘(A) IN GENERAL.—El Camino Real de los

14 Tejas (The Royal Road to the Tejas) National

15 Historic Trail, a combination of routes totaling

16 2,580 miles in length from the Rio Grande near

17 Eagle Pass and Laredo, Texas to Natchitoches,

18 Louisiana, and including the Old San Antonio

19 Road, as generally depicted on the maps entitled

20 ‘El Camino Real de los Tejas’, contained in the

21 report prepared pursuant to subsection (b) enti22 tled ‘National Historic Trail Feasibility Study

23 and Environmental Assessment: El Camino Real

24 de los Tejas, Texas-Louisiana’, dated July 1998.

25 A map generally depicting the trail shall be on
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1 file and available for public inspection in the Of2 fice of the National Park Service, Department of

3 the Interior. The trail shall be administered by

4 the Secretary of the Interior. No land or interest

5 in land outside the exterior boundaries of any

6 federally administered area may be acquired by

7 the United States for the trail except with the

8 consent of the owner of the land or interest in

9 land.

10 ‘‘(B) COORDINATION OF ACTIVITIES.—The

11 Secretary of the Interior may coordinate with

12 United States and Mexican public and non-gov13 ernmental organizations, academic institutions,

14 and, in consultation with the Secretary of State,

15 the government of Mexico and its political sub16 divisions, for the purpose of exchanging trail in17 formation and research, fostering trail preserva18 tion and educational programs, providing tech19 nical assistance, and working to establish an

20 international historic trail with complementary

21 preservation and education programs in each

22 nation.’’.
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1 TITLE XIII—MINUTEMAN MIS2 SILE NATIONAL HISTORIC

3 SITE

4 SEC. 1301. SHORT TITLE.

5 This title may be cited as the ‘‘Minuteman Missile Na6 tional Historic Site Establishment Act of 1998’’.

7 SEC. 1302. FINDINGS AND PURPOSES.

8 (a) FINDINGS.—Congress finds that—

9 (1) the Minuteman II intercontinental ballistic

10 missile (hereinafter referred to as ‘‘ICBM’’) launch

11 control facility and launch facility known as ‘‘Delta

12 1’’ and ‘‘Delta 9’’, respectively, have national signifi13 cance as the best preserved examples of the oper14 ational character of American history during the Cold

15 War;

16 (2) the facilities are symbolic of the dedication

17 and preparedness exhibited by the missileers of the

18 Air Force stationed throughout the upper Great

19 Plains in remote and forbidding locations during the

20 Cold War;

21 (3) the facilities provide a unique opportunity to

22 illustrate the history and significance of the Cold

23 War, the arms race, and ICBM development; and
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1 (4) the National Park System does not contain

2 a unit that specifically commemorates or interprets

3 the Cold War.

4 (b) PURPOSES.—The purposes of this title are—

5 (1) to preserve, protect, and interpret for the ben6 efit and enjoyment of present and future generations

7 the structures associated with the Minuteman II mis8 sile defense system;

9 (2) to interpret the historical role of the Minute10 man II missile defense system in the broader context

11 of the Cold War and the role of the system as a key

12 component of America’s strategic commitment to pre13 serve world peace; and

14 (3) to complement the interpretive programs re15 lating to the Minuteman II missile defense system of16 fered by the South Dakota Air and Space Museum at

17 Ellsworth Air Force Base.

18 SEC. 1303. MINUTEMAN MISSILE NATIONAL HISTORIC SITE.

19 (a) ESTABLISHMENT.—(1) The Minuteman Missile

20 National Historic Site in the State of South Dakota (here21 inafter referred to as the ‘‘historic site’’) is hereby estab22 lished as a unit of the National Park System. The historic

23 site shall consist of lands and interests therein comprising

24 the following Minuteman II ICBM launch control facilities,

25 as generally depicted on the map referred to as ‘‘Minuteman
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1 Missile National Historic Site’’, numbered 406/80,008 and

2 dated September, 1998:

3 (A) An area surrounding the Minuteman II

4 ICBM launch control facility depicted as ‘‘Delta 1

5 Launch Control Facility’’.

6 (B) An area surrounding the Minuteman II

7 ICBM launch control facility depicted as ‘‘Delta 9

8 Launch Facility’’.

9 (2) The map described in paragraph (1) shall be on

10 file and available for public inspection in the appropriate

11 offices of the National Park Service.

12 (3) The Secretary of the Interior (hereinafter referred

13 to as the ‘‘Secretary’’) is authorized to make minor adjust14 ments to the boundary of the historic site.

15 (b) ADMINISTRATION OF HISTORIC SITE.—The Sec16 retary shall administer the historic site in accordance with

17 this title and laws generally applicable to units of the Na18 tional Park System, including the Act of August 25, 1916

19 (16 U.S.C. 1, 2–4) and the Act of August 21, 1935 (16

20 U.S.C. 461–467).

21 (c) COORDINATION WITH SECRETARY OF DEFENSE.—

22 The Secretary shall consult with the Secretary of Defense

23 and the Secretary of State, as appropriate, to ensure that

24 administration of the historic site is in compliance with

25 applicable treaties.
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1 (d) COOPERATIVE AGREEMENTS.—The Secretary may

2 enter into cooperative agreements with appropriate public

3 and private entities and individuals in furtherance of the

4 purposes of this title.

5 (e) LAND ACQUISITION.—(1) Except as provided in

6 paragraph (2), the Secretary is authorized to acquire lands

7 and interests therein within the boundaries of the historic

8 site by donation, purchase with donated or appropriated

9 funds, exchange or transfer from another Federal agency:

10 Provided, That lands or interests therein owned by the State

11 of South Dakota may only be acquired by donation or ex12 change.

13 (2) The Secretary shall not acquire any lands pursu14 ant to this Act if the Secretary determines that such lands,

15 or any portion thereof, are contaminated with hazardous

16 substances (as defined in the Comprehensive Environmental

17 Response, Compensation and Liability Act (42 U.S.C.

18 9601)), unless all remedial action necessary to protect

19 human health and the environment has been taken pursu20 ant to such Act.

21 (f) GENERAL MANAGEMENT PLAN.—(1) Within three

22 years after the date funds are made available, the Secretary

23 shall prepare a general management plan for the historic

24 site.
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1 (2) The plan shall include an evaluation of an appro2 priate location for a visitor facility and administrative site

3 within the areas depicted as ‘‘Support Facility Study

4 Area—Alternative A’’ or ‘‘Support Facility Study Area—

5 Alternative B’’ on the map referred to in subsection (a).

6 Upon a determination by the Secretary of the appropriate

7 location for such facilities, the boundaries of the historic

8 site shall be modified to include the selected site.

9 (3) In developing the plan, the Secretary shall consider

10 coordinating or consolidating appropriate administrative,

11 management, and personnel functions with Badlands Na12 tional Park.

13 SEC. 1304. AUTHORIZATION OF APPROPRIATIONS.

14 (a) IN GENERAL.—There is authorized to be appro15 priated such sums as may be necessary to carry out this

16 title.

17 (b) AIR FORCE FUNDS.—The Secretary of the Air

18 Force shall transfer to the Secretary any funds specifically

19 appropriated to the Air Force in fiscal year 1999 for the

20 maintenance, protection, or preservation of the facilities de21 scribed in section 1303. Such funds shall be used by the

22 Secretary for establishing, operating, and maintaining the

23 historic site.

24 (c) LEGACY RESOURCE MANAGEMENT PROGRAM.—

25 Nothing in this title affects the use of any funds available
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1 for the Legacy Resource Management Program being car2 ried out by the Air Force that, before the date of enactment

3 of this title, were directed to be used for resource preserva4 tion and treaty compliance.

5 TITLE XIV—COMMERCIAL

6 FILMING

7 SEC. 1401. FEE AUTHORITY AND REPEAL OF PROHIBITION.

8 (a) AUTHORITY.—

9 (1) IN GENERAL.—The Secretary of the Interior

10 (in this section referred to as the ‘‘Secretary’’) may

11 permit, under terms and conditions considered nec12 essary by the Secretary, the use of lands and facilities

13 administered by the Secretary for the making of any

14 motion picture, television production, soundtrack, or

15 similar project, if the Secretary determines that such

16 use is appropriate and will not impair the values and

17 resources of the lands and facilities.

18 (2) FEES.—(A) Any permit under this section

19 shall require the payment of fees to the Secretary in

20 an amount determined to be appropriate by the Sec21 retary sufficient to provide a fair return to the gov22 ernment in accordance with subparagraph (B), except

23 as provided in subparagraph (C). The amount of the

24 fee shall be not less than the direct and indirect costs

25 to the Government for processing the application for
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1 the permit and the use of lands and facilities under

2 the permit, including any necessary costs of cleanup

3 and restoration, except as provided in subparagraph

4 (C).

5 (B) The authority of the Secretary to establish

6 fees under this paragraph shall include, but not be

7 limited to, authority to issue regulations that estab8 lish a schedule of rates for fees under this paragraph

9 based on such factors as—

10 (i) the number of people on site under a

11 permit;

12 (ii) the duration of activities under a per13 mit;

14 (iii) the conduct of activities under a per15 mit in areas designated by statute or regulations

16 as special use areas, including wilderness and

17 research natural areas; and

18 (iv) surface disturbances authorized under a

19 permit.

20 (C) The Secretary may, under the terms of the

21 regulations promulgated under paragraph (4), charge

22 a fee below the amount referred to in subparagraph

23 (A) if the activity for which the fee is charged pro24 vides clear educational or interpretive benefits for the

25 Department of the Interior.
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1 (3) BONDING AND INSURANCE.—The Secretary

2 may require a bond, insurance, or such other means

3 as may be necessary to protect the interests of the

4 United States in activities arising under such a per5 mit.

6 (4) REGULATIONS.—(A) The Secretary shall

7 issue regulations implementing this subsection by not

8 later than 180 days after the date of the enactment

9 of this title.

10 (B) Within 3 years after the date of enactment

11 of this title, the Secretary shall review and, as appro12 priate, revise regulations issued under this para13 graph. After that time, the Secretary shall periodi14 cally review the regulations and make necessary

15 changes.

16 (b) COLLECTION OF FEES.—Fees shall be collected

17 under subsection (a) whenever the proposed filming,

18 videotaping, sound recording, or still photography involves

19 product or service advertisements, or the use of models, ac20 tors, sets, or props, or when such filming, videotaping,

21 sound recording, or still photography could result in dam22 age to resources or significant disruption of normal visitor

23 uses. Filming, videotaping, sound recording or still photog24 raphy, including bona fide newsreel or news television film
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1 gathering, which does not involve the activities or impacts

2 identified herein, shall be permitted without fee.

3 (c) EXISTING REGULATIONS.—The prohibition on fees

4 set forth in paragraph (1) of section 5.1(b) of title 43, Code

5 of Federal Regulations, shall cease to apply upon the effec6 tive date of regulations under subsection (a). Nothing in

7 this section shall be construed to affect the regulations set

8 forth in part 5 of such title, other than paragraph (1) there9 of.

10 (d) PROCEEDS.—Amounts collected as fees under this

11 section shall be available for expenditure without further

12 appropriation and shall be distributed and used, without

13 fiscal year limitation, in accordance with the formula and

14 purposes established for the Recreational Fee Demonstra15 tion Program under section 315 of Public Law 104–134.

16 (e) PENALTY.—A person convicted of violating any

17 regulation issued under subsection (a) shall be fined in ac18 cordance with title 18, United States Code, or imprisoned

19 for not more than 6 months, or both, and shall be ordered

20 to pay all costs of the proceedings.

21 (f) EFFECTIVE DATE.—This section and the regula22 tions issued under this section shall become effective 180

23 days after the date of the enactment of this title, except that

24 this subsection and the authority of the Secretary to issue
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1 regulations under this section shall be effective on the date

2 of the enactment of this title.

3 TITLE XV—BANDELIER NA4 TIONAL MONUMENT ADDI5 TION

6 SEC. 1501. SHORT TITLE.

7 This title may be cited as the ‘‘Bandelier National

8 Monument Administrative Improvement and Watershed

9 Protection Act of 1998’’.

10 SEC. 1502. FINDINGS AND PURPOSES.

11 (a) FINDINGS.—Congress finds that:

12 (1) Bandelier National Monument (hereinafter,

13 the Monument) was established by Presidential proc14 lamation on February 11, 1916, to preserve the ar15 cheological resources of a ‘‘vanished people, with as

16 much land as may be necessary for the proper protec17 tion thereof. . .’’ (No. 1322; 39 Stat. 1746).

18 (2) At various times since its establishment, the

19 Congress and the President have adjusted the Monu20 ment’s boundaries and purpose to further preserva21 tion of archeological and natural resources within the

22 Monument.

23 (A) On February 25, 1932, the Otowi Sec24 tion of the Santa Fe National Forest (some 4,699

25 acres of land) was transferred to the Monument
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1 from the Santa Fe National Forest (Presidential

2 Proclamation No. 1191; 17 Stat. 2503).

3 (B) In December of 1959, 3,600 acres of

4 Frijoles Mesa were transferred to the National

5 Park Service from the Atomic Energy Committee

6 (hereinafter, AEC) and subsequently added to the

7 Monument on January 9, 1991, because of

8 ‘‘pueblo-type archeological ruins germane to

9 those in the monument’’ (Presidential Proclama10 tion No. 3388).

11 (C) On May 27, 1963, Upper Canyon,

12 2,882 acres of land previously administered by

13 the AEC, was added to the Monument to preserve

14 ‘‘their unusual scenic character together with

15 geologic and topographic features, the preserva16 tion of which would implement the purposes’’ of

17 the Monument (Presidential Proclamation No.

18 3539).

19 (D) In 1976, concerned about upstream

20 land management activities that could result in

21 flooding and erosion in the Monument, Congress

22 included the headwaters of the Rito de los

23 Frijoles and the Can ̃ada de Cochiti Grant (a

24 total of 7,310 acres) within the Monument’s

25 boundaries (Public Law 94–578; 90 Stat. 2732).
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1 (E) In 1976, Congress created the Bandelier

2 Wilderness, a 23,267 acres area that covers over

3 70 percent of the Monument.

4 (3) The Monument still has potential threats

5 from flooding, erosion, and water quality deteriora6 tion because of the mixed ownership of the upper wa7 tersheds, along its western border, particularly in

8 Alamo Canyon.

9 (b) PURPOSE.—The purpose of this title is to modify

10 the boundary of the Monument to allow for acquisition and

11 enhanced protection of the lands within the Monument’s

12 upper watershed.

13 SEC. 1503. BOUNDARY MODIFICATION.

14 Effective on the date of enactment of this title, the

15 boundaries of the Monument shall be modified to include

16 approximately 935 acres of land comprised of the Elk

17 Meadows subdivision, the Gardner parcel, the Clark parcel,

18 and the Baca Land & Cattle Co. lands within the Upper

19 Alamo watershed as depicted on the National Park Service

20 map entitled ‘‘Proposed Boundary Expansion Map

21 Bandlier National Monument’’ dated July, 1997. Such map

22 shall be on file and available for public inspection in the

23 offices of the Director of the National Park Service, Depart24 ment of the Interior.
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1 SEC. 1504. LAND ACQUISITION.

2 (a) IN GENERAL.—Except as provided in subsections

3 (b) and (c), the Secretary of the Interior is authorized to

4 acquire lands and interests therein within the boundaries

5 of the area added to the Monument by this title by donation,

6 purchase with donated or appropriated funds, transfer with

7 another Federal agency, or exchange: Provided, That no

8 lands or interests therein may be acquired except with the

9 consent of the owner thereof.

10 (b) STATE AND LOCAL LANDS.—Lands or interests

11 therein owned by the State of New Mexico or a political

12 subdivision thereof may only be acquired by donation or

13 exchange.

14 (c) ACQUISITION OF LESS THAN FEE INTERESTS IN

15 LAND.—The Secretary may acquire less than fee interests

16 in land only if the Secretary determines that such less than

17 fee acquisition will adequately protect the Monument from

18 flooding, erosion, and degradation of its drainage waters.

19 SEC. 1505. ADMINISTRATION.

20 The Secretary of the Interior, acting through the Direc21 tor of the National Park Service, shall manage the national

22 Monument, including lands added to the Monument by this

23 title, in accordance with this title and the provisions of law

24 generally applicable to units of National Park System, in25 cluding the Act of August 25, 1916, an Act to establish a

26 National Park Service (39 Stat. 535; 16 U.S.C. 1, 2–4),
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1 and such specific legislation as heretofore has been enacted

2 regarding the Monument.

3 SEC. 1506. AUTHORIZATION OF APPROPRIATIONS.

4 There is authorized to be appropriated such sums as

5 may be necessary to carry out the purpose of this title.

6 TITLE XVI—MISCELLANEOUS

7 TERRITORIES PROVISIONS

8 SEC. 1601. CLARIFICATION OF ALLOTMENT FOR TERRI9 TORIES.

10 Section 901(a)(2) of the Omnibus Crime Control and

11 Safe Streets Act of 1968 (42 U.S.C. 3791(a)(2)) is amended

12 to read as follows:

13 ‘‘(2) ‘State’ means any State of the United

14 States, the District of Columbia, the Commonwealth

15 of Puerto Rico, the Virgin Islands, American Samoa,

16 Guam, and the Commonwealth of the Northern Mari17 ana Islands;’’.

18 SEC. 1602. ELIGIBILITY FOR HOUSING ASSISTANCE.

19 (a) Section 214(a) of the Housing Community Devel20 opment Act of 1980 (42 U.S.C. 1436a(a)) is amended—

21 (1) by striking ‘‘or’’ at the end of paragraph (5);

22 (2) by striking the period at the end of para23 graph (6) and inserting ‘‘; or’’; and

24 (3) by adding at the end the following new para25 graph:
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1 ‘‘(7) an alien who is lawfully resident in the

2 United States and its territories and possessions

3 under section 141 of the Compacts of Free Association

4 between the Government of the United States and the

5 Governments of the Marshall Islands, the Federated

6 States of Micronesia (48 U.S.C. 1901 note) and Palau

7 (48 U.S.C. 1931 note) while the applicable section is

8 in effect: Provided, That, within Guam and the Com9 monwealth of the Northern Mariana Islands any such

10 alien shall not be entitled to a preference in receiving

11 assistance under this Act over any United States citi12 zen or national resident therein who is otherwise eli13 gible for such assistance.’’.

14 TITLE XVII—MISCELLANEOUS

15 NEW MEXICO LAND TRANSFERS

16 SEC. 1701. OLD COYOTE ADMINISTRATIVE SITE.

17 (a) CONVEYANCE OF PROPERTY.—Not later than one

18 year after the date of enactment of this section, the Sec19 retary of the Interior (herein ‘‘the Secretary’’) shall convey

20 to the County of Rio Arriba, New Mexico (herein ‘‘the Coun21 ty’’), subject to the terms and conditions stated in subsection

22 (b), all right, title, and interest of the United States in and

23 to the land (including all improvements on the land) known

24 as the ‘‘Old Coyote Administrative Site’’ located approximately 1 25 ⁄2 mile east of the Village of Coyote, New Mexico,
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1 on State Road 96, comprising one tract of 130.27 acres (as

2 described in Public Land Order 3730), and one tract of

3 276.76 acres (as described in Executive Order 4599).

4 (b) TERM AND CONDITIONS.—

5 (1) Consideration for the conveyance described in

6 subsection (a) shall be—

7 (A) an amount that is consistent with the

8 special pricing program for governmental enti9 ties under the Recreation and Public Purposes

10 Act; and

11 (B) an agreement between the Secretary

12 and the County indemnifying the Government of

13 the United States from all liability of the Gov14 ernment that arises from the property.

15 (2) The lands conveyed by this section shall be

16 used for public purposes. If such lands cease to be

17 used for public purposes, at the option of the United

18 States, such lands will revert to the United States.

19 (c) LAND WITHDRAWALS.—Land withdrawals under

20 Public Land Order 3730 and Executive Order 4599 as ex21 tended in the Federal Register on May 25, 1989 (54 FR

22 22629) shall be revoked simultaneous with the conveyance

23 of the property under subsection (a).
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1 SEC. 1702. OLD JICARILLA ADMINISTRATIVE SITE.

2 (a) CONVEYANCE OF PROPERTY.—Not later than one

3 year after the date of enactment of this section, the Secretar4 ies of Agriculture and the Interior (herein ‘‘the Secretar5 ies’’) shall convey to San Juan College, in Farmington, New

6 Mexico, subject to the terms and conditions under subsection

7 (c), all right, title, and interest of the United States in and

8 to a parcel of real property (including any improvements

9 on the land) consisting of approximately 10 acres known

10 as the ‘‘Old Jicarilla Site’’ located in San Juan County,

11 New Mexico (T29N; R5W; portions of Sections 29 and 30).

12 (b) DESCRIPTION OF PROPERTY.—The exact acreage

13 and legal description of the real property conveyed under

14 subsection (a) shall be determined by a survey satisfactory

15 to the Secretaries and the President of San Juan College.

16 The cost of the survey shall be borne by San Juan College.

17 (c) TERMS AND CONDITIONS.—

18 (1) Notwithstanding exceptions of application

19 under the Recreation and Public Purposes Act (43

20 U.S.C. 869(c)), consideration for the conveyance de21 scribed in subsection (a) shall be—

22 (A) an amount that is consistent with the

23 Bureau of Land Management special pricing

24 program for Governmental entities under the

25 Recreation and Public Purposes Act; and
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1 (B) an agreement between the Secretaries

2 and San Juan College indemnifying the Govern3 ment of the United States from all liability of

4 the Government that arises from the property.

5 (2) The lands conveyed by this section shall be

6 used for educational and recreational purposes. If

7 such lands cease to be used for such purposes, at the

8 option of the United States, such lands will revert to

9 the United States.

10 (d) LAND WITHDRAWALS.—Public Land Order 3443,

11 only insofar as it pertains to lands described in subsections

12 (a) and (b), shall be revoked simultaneous with the convey13 ance of the property under subsection (a).

Attest:

Secretary.
105TH CONGRESS

2D SESSION S. 2117

SENATE AMENDMENTS TO

HOUSE AMENDMENT
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