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[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2117 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  

                  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)Page 20, of the House engrossed amendment, strike out all after line 
3 over to and including line 24 on page 23 and insert:

            TITLE IV--SLY PARK DAM AND RESERVOIR, CALIFORNIA

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Sly Park Unit Conveyance Act''.

SEC. 402. DEFINITIONS.

    For purposes of this title:
            (1) The term ``District'' means the El Dorado Irrigation 
        District, a political subdivision of the State of California 
        that has its principal place of business in the city of 
        Placerville, El Dorado County, California.
            (2) The term ``Secretary'' means the Secretary of the 
        Interior.
            (3) The term ``Project'' means the Sly Park Dam and 
        Reservoir, Camp Creek Diversion Dam and Tunnel, and conduits 
        and canals held by the United States pursuant to or related to 
        the authorization in the Act entitled ``An Act to authorize the 
        American River Basin Development, California, for irrigation 
        and reclamation, and for other purposes'', approved October 14, 
        1949 (63 Stat. 852 chapter 690), which are associated with the 
        Sly Park Dam and Reservoir.

SEC. 403. CONVEYANCE OF PROJECT.

    (a) In General.--In consideration of the District accepting the 
obligations of the Federal Government for the Project and subject to 
the payment by the District of the net present value of the remaining 
repayment obligations under contract numbered 14-06-200-949IR2, the 
Secretary is authorized to convey all right, title and interest in and 
to the Project to the District. Such transfer shall be subject to a 
reversion in favor of the United States if the remaining repayment 
obligations to the United States, referred to in section 405(a), are 
not completed. The net present value shall be determined under Office 
of Management and Budget Circular A-129 (in effect on the date of 
enactment of this title).
    (b) Conveyance.--The Secretary shall complete the conveyance as 
expeditiously as possible. If the conveyance has not occurred within 
one year from the date of enactment of this title, the Secretary shall 
submit a report to the Committee on Energy and Natural Resources of the 
United States Senate and the Committee on Resources of the United 
States House of Representatives on the status of the transfer, any 
obstacles to completion of the transfer, and the anticipated date for 
such transfer. If the Project is conveyed within two years from the 
date of enactment of this title, the costs of administrative action, 
including, but not limited to, any environmental compliance, shall be 
borne equally by the Secretary and the District. If the Project is not 
conveyed within such two year period, the Secretary shall assume all 
costs.

SEC. 404. RELATIONSHIP TO EXISTING OPERATIONS.

    (a) In General.--Nothing in this title shall be construed as 
significantly expanding or otherwise changing the use or operation of 
the Project from its current use and operation.
    (b) Future Alterations.--If the District alters the operations or 
uses of the Project it shall comply with all applicable laws or 
regulations governing such changes at that time (subject to section 
405).

SEC. 405. RELATIONSHIP TO CERTAIN CONTRACT OBLIGATIONS.

    (a) Payment Obligations not Affected.--The conveyance of the 
Project under this title does not affect the payment obligations of the 
District under the contract between the District and the Secretary 
numbered 14-06-200-7734, as amended by contracts numbered 14-06-200-
4282A and 14-06-200-8536A. At any time, the District may elect to 
prepay its remaining repayment obligations under contract numbered 14-
06-200-7734, as amended by contracts numbered 14-06-200-4282A and 14-
06-200-8536A, by tendering to the Secretary the net present value, at 
that time, of the remaining repayment obligation as determined by 
Office of Management and Budget Circular A-129 (in effect on the date 
of enactment of this title). Effective on the date of such tender, or 
on the date of completion of all repayment obligations, whichever 
occurs first, any reversionary interest of the United States in and to 
the Project is extinguished.
    (b) Payment Obligations Extinguished.--Provision of consideration 
by the District in accordance with section 403(b) shall extinguish all 
payment obligations under contract numbered 14-06-200-949IR2 between 
the District and the Secretary.

SEC. 406. RELATIONSHIP TO OTHER LAWS.

    (a) Reclamation Laws.--Except as provided in subsection (b), upon 
enactment of this title the Reclamation Act of 1902 (82 Stat. 388) and 
all Acts amendatory thereof or supplemental thereto shall not apply to 
the Project.
    (b) Payments into the Central Valley Project Restoration Fund.--The 
El Dorado Irrigation District shall continue to make payments into the 
Central Valley Project Restoration Fund for 31 years after the date of 
the enactment of this title. The District's obligation shall be 
calculated in the same manner as Central Valley Project water 
contractors.

SEC. 407. LIABILITY.

    Except as otherwise provided by law, effective on the date of 
conveyance of the Project under this title, the United States shall not 
be liable for damages of any kind arising out of any act, omission, or 
occurrence based on its prior ownership or operation of the conveyed 
property.
(2)Page 37, after line 10 of the House engrossed amendment, insert:

        TITLE VIII--CARLSBAD IRRIGATION PROJECT TITLE CONVEYANCE

SEC. 801. SHORT TITLE.

    This title may be cited as the ``Carlsbad Irrigation Project 
Acquired Land Transfer Act''.

SEC. 802. CONVEYANCE.

    (a) Lands and Facilities.--
            (1) In general.--Except as provided in paragraph (2), and 
        subject to subsection (c), the Secretary of the Interior (in 
        this title referred to as the ``Secretary'') may convey to the 
        Carlsbad Irrigation District (a quasi-municipal corporation 
        formed under the laws of the State of New Mexico and in this 
        title referred to as the ``District''), all right, title, and 
        interest of the United States in and to the lands described in 
        subsection (b) (in this title referred to as the ``acquired 
        lands'') and all interests the United States holds in the 
        irrigation and drainage system of the Carlsbad Project and all 
        related lands including ditch rider houses, maintenance shop 
        and buildings, and Pecos River Flume.
            (2) Limitation.--
                    (A) Retained surface rights.--The Secretary shall 
                retain title to the surface estate (but not the mineral 
                estate) of such acquired lands which are located under 
                the footprint of Brantley and Avalon dams or any other 
                project dam or reservoir division structure.
                    (B) Storage and flow easement.--The Secretary shall 
                retain storage and flow easements for any tracts 
                located under the maximum spillway elevations of Avalon 
                and Brantley Reservoirs.
    (b) Acquired Lands Described.--The lands referred to in subsection 
(a) are those lands (including the surface and mineral estate) in Eddy 
County, New Mexico, described as the acquired lands and in section (7) 
of the ``Status of Lands and Title Report: Carlsbad Project'' as 
reported by the Bureau of Reclamation in 1978.
    (c) Terms and Conditions of Conveyance.--Any conveyance of the 
acquired lands under this title shall be subject to the following terms 
and conditions:
            (1) Management and use, generally.--The conveyed lands 
        shall continue to be managed and used by the District for the 
        purposes for which the Carlsbad Project was authorized, based 
        on historic operations and consistent with the management of 
        other adjacent project lands.
            (2) Assumed rights and obligations.--Except as provided in 
        paragraph (3), the District shall assume all rights and 
        obligations of the United States under--
                    (A) the agreement dated July 28, 1994, between the 
                United States and the Director, New Mexico Department 
                of Game and Fish (Document No. 2-LM-40-00640), relating 
                to management of certain lands near Brantley Reservoir 
                for fish and wildlife purposes; and
                    (B) the agreement dated March 9, 1977, between the 
                United States and the New Mexico Department of Energy, 
                Minerals, and Natural Resources (Contract No. 7-07-57-
                X0888) for the management and operation of Brantley 
                Lake State Park.
            (3) Exceptions.--In relation to agreements referred to in 
        paragraph (2)--
                    (A) the District shall not be obligated for any 
                financial support agreed to by the Secretary, or the 
                Secretary's designee, in either agreement; and
                    (B) the District shall not be entitled to any 
                receipts for revenues generated as a result of either 
                agreement.
    (d) Completion of Conveyance.--If the Secretary does not complete 
the conveyance within 180 days from the date of enactment of this 
title, the Secretary shall submit a report to the Congress within 30 
days after that period that includes a detailed explanation of problems 
that have been encountered in completing the conveyance, and specific 
steps that the Secretary has taken or will take to complete the 
conveyance.

SEC. 803. LEASE MANAGEMENT AND PAST REVENUES COLLECTED FROM THE 
              ACQUIRED LANDS.

    (a) Identification and Notification of Leaseholders.--Within 120 
days after the date of enactment of this title, the Secretary of the 
Interior shall--
            (1) provide to the District a written identification of all 
        mineral and grazing leases in effect on the acquired lands on 
        the date of enactment of this title; and
            (2) notify all leaseholders of the conveyance authorized by 
        this title.
    (b) Management of Mineral and Grazing Leases, Licenses, and 
Permits.--The District shall assume all rights and obligations of the 
United States for all mineral and grazing leases, licenses, and permits 
existing on the acquired lands conveyed under section 802, and shall be 
entitled to any receipts from such leases, licenses, and permits 
accruing after the date of conveyance. All such receipts shall be used 
for purposes for which the Project was authorized and for financing the 
portion of operations, maintenance, and replacement of the Summer Dam 
which, prior to conveyance, was the responsibility of the Bureau of 
Reclamation, with the exception of major maintenance programs in 
progress prior to conveyance which shall be funded through the cost 
share formulas in place at the time of conveyance. The District shall 
continue to adhere to the current Bureau of Reclamation mineral leasing 
stipulations for the Carlsbad Project.
    (c) Availability of Amounts Paid Into Reclamation Fund.--
            (1) Existing receipts.--Receipts in the reclamation fund on 
        the date of enactment of this title which exist as construction 
        credits to the Carlsbad Project under the terms of the Mineral 
        Leasing Act for Acquired Lands (30 U.S.C. 351-359) shall be 
        deposited in the General Treasury and credited to deficit 
        reduction or retirement of the Federal debt.
            (2) Receipts after enactment.--Of the receipts from mineral 
        and grazing leases, licenses, and permits on acquired lands to 
        be conveyed under section 802, that are received by the United 
        States after the date of enactment and before the date of 
        conveyance--
                    (A) not to exceed $200,000 shall be available to 
                the Secretary for the actual costs of implementing this 
                title with any additional costs shared equally between 
                the Secretary and the District; and
                    (B) the remainder shall be deposited into the 
                General Treasury of the United States and credited to 
                deficit reduction or retirement of the Federal debt.

SEC. 804. VOLUNTARY WATER CONSERVATION PRACTICES.

    Nothing in this title shall be construed to limit the ability of 
the District to voluntarily implement water conservation practices.

SEC. 805. LIABILITY.

    Effective on the date of conveyance of any lands and facilities 
authorized by this title, the United States shall not be held liable by 
any court for damages of any kind arising out of any act, omission, or 
occurrence relating to the conveyed property, except for damages caused 
by acts of negligence committed by the United States or by its 
employees, agents, or contractors, prior to conveyance. Nothing in this 
section shall be considered to increase the liability of the United 
States beyond that provided under chapter 171 of title 28, United 
States Code, popularly known as the Federal Tort Claims Act.

SEC. 806. FUTURE BENEFITS.

    Effective upon transfer, the lands and facilities transferred 
pursuant to this title shall not be entitled to receive any further 
Reclamation benefits pursuant to the Reclamation Act of June 17, 1902, 
and Acts supplementary thereof or amendatory thereto attributable to 
their status as part of a Reclamation Project.

              TITLE IX--THOMAS COLE NATIONAL HISTORIC SITE

SEC. 901. SHORT TITLE.

    This title may be cited as the ``Thomas Cole National Historic Site 
Act''.

SEC. 902. DEFINITIONS.

    As used in this title:
            (1) The term ``historic site'' means the Thomas Cole 
        National Historic Site established by section 904 of this 
        title.
            (2) The term ``Hudson River artists'' means artists who 
        were associated with the Hudson River school of landscape 
        painting.
            (3) The term ``plan'' means the general management plan 
        developed pursuant to section 906(d).
            (4) The term ``Secretary'' means the Secretary of the 
        Interior.
            (5) The term ``Society'' means the Greene County Historical 
        Society of Greene County, New York, which owns the Thomas Cole 
        home, studio, and other property comprising the historic site.

SEC. 903. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds the following:
            (1) The Hudson River school of landscape painting was 
        inspired by Thomas Cole and was characterized by a group of 
        19th century landscape artists who recorded and celebrated the 
        landscape and wilderness of America, particularly in the Hudson 
        River Valley region in the State of New York.
            (2) Thomas Cole is recognized as America's most prominent 
        landscape and allegorical painter of the mid-19th century.
            (3) Located in Greene County, New York, the Thomas Cole 
        House, also known as Thomas Cole's Cedar Grove, is listed on 
        the National Register of Historic Places and has been 
        designated as a National Historic Landmark.
            (4) Within a 15 mile radius of the Thomas Cole House, an 
        area that forms a key part of the rich cultural and natural 
        heritage of the Hudson River Valley region, significant 
        landscapes and scenes painted by Thomas Cole and other Hudson 
        River artists, such as Frederic Church, survive intact.
            (5) The State of New York has established the Hudson River 
        Valley Greenway to promote the preservation, public use, and 
        enjoyment of the natural and cultural resources of the Hudson 
        River Valley region.
            (6) Establishment of the Thomas Cole National Historic Site 
        will provide opportunities for the illustration and 
        interpretation of cultural themes of the heritage of the United 
        States and unique opportunities for education, public use, and 
        enjoyment.
    (b) Purposes.--The purposes of this title are--
            (1) to preserve and interpret the home and studio of Thomas 
        Cole for the benefit, inspiration, and education of the people 
        of the United States;
            (2) to help maintain the integrity of the setting in the 
        Hudson River Valley region that inspired artistic expression;
            (3) to coordinate the interpretive, preservation, and 
        recreational efforts of Federal, State, and other entities in 
        the Hudson Valley region in order to enhance opportunities for 
        education, public use, and enjoyment; and
            (4) to broaden understanding of the Hudson River Valley 
        region and its role in American history and culture.

SEC. 904. ESTABLISHMENT OF THOMAS COLE NATIONAL HISTORIC SITE.

    (a) Establishment.--There is established, as an affiliated area of 
the National Park System, the Thomas Cole National Historic Site in the 
State of New York.
    (b) Description.--The historic site shall consist of the home and 
studio of Thomas Cole, comprising approximately 3.4 acres, located at 
218 Spring Street, in the village of Catskill, New York, as generally 
depicted on the boundary map numbered TCH/80002, and dated March 1992.

SEC. 905. RETENTION OF OWNERSHIP AND MANAGEMENT OF HISTORIC SITE BY 
              GREENE COUNTY HISTORICAL SOCIETY.

    The Greene County Historical Society of Greene County, New York, 
shall continue to own, manage, and operate the historic site.

SEC. 906. ADMINISTRATION OF HISTORIC SITE.

    (a) Applicability of National Park System Laws.--The historic site 
shall be administered by the Society in a manner consistent with this 
title and all laws generally applicable to units of the National Park 
System, including the Act of August 25, 1916 (16 U.S.C. 1 et seq.; 
commonly known as the National Park Service Organic Act), and the Act 
of August 21, 1935 (16 U.S.C. 461 et seq.; commonly known as the 
Historic Sites, Buildings, and Antiquities Act).
    (b) Cooperative Agreements.--
            (1) Assistance to society.--The Secretary may enter into 
        cooperative agreements with the Society to preserve the Thomas 
        Cole House and other structures in the historic site and to 
        assist with education programs and research and interpretation 
        of the Thomas Cole House and associated landscapes.
            (2) Other assistance.--To further the purposes of this 
        title, the Secretary may enter into cooperative agreements with 
        the State of New York, the Society, the Thomas Cole Foundation, 
        and other public and private entities to facilitate public 
        understanding and enjoyment of the lives and works of the 
        Hudson River artists through the provision of assistance to 
        develop, present, and fund art exhibits, resident artist 
        programs, and other appropriate activities related to the 
        preservation, interpretation, and use of the historic site.
    (c) Artifacts and Property.--The Secretary may acquire personal 
property associated with, and appropriate for, the interpretation of 
the historic site.
    (d) General Management Plan.--Within two complete fiscal years 
after the date of the enactment of this title, the Secretary shall 
develop a general management plan for the historic site with the 
cooperation of the Society. Upon the completion of the plan, the 
Secretary shall provide a copy of the plan to the Committee on Energy 
and Natural Resources of the Senate and the Committee on Resources of 
the House of Representatives. The plan shall include recommendations 
for regional wayside exhibits, to be carried out through cooperative 
agreements with the State of New York and other public and private 
entitles. The plan shall be prepared in accordance with section 12(b) 
of Public Law 91-383 (16 U.S.C. 1a-1 et seq.; commonly known as the 
National Park System General Authorities Act).

SEC. 907. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this title.

  TITLE X--REAUTHORIZATION OF HISTORIC PRESERVATION FUND AND ADVISORY 
                    COUNCIL ON HISTORIC PRESERVATION

SEC. 1001. REAUTHORIZATION OF HISTORIC PRESERVATION FUND.

    The second sentence of section 108 of the National Historic 
Preservation Act (16 U.S.C. 470h) is amended by striking ``1997'' and 
inserting ``2004''.

SEC. 1002. REAUTHORIZATION OF ADVISORY COUNCIL ON HISTORIC 
              PRESERVATION.

    The last sentence of section 212(a) (16 U.S.C. 470t(a)) is amended 
by striking ``2000'' and inserting in lieu thereof, ``2004''.

   TITLE XI--EL CAMINO REAL DE TIERRA ADENTRO NATIONAL HISTORIC TRAIL

SEC. 1101. SHORT TITLE.

    This title may be cited as the ``El Camino Real de Tierra Adentro 
National Historic Trail Act''.

SEC. 1102. FINDINGS.

    Congress finds that--
            (1) El Camino Real de Tierra Adentro (the Royal Road of the 
        Interior), served as the primary route between the colonial 
        Spanish capital of Mexico City and the Spanish provincial 
        capitals at San Juan de Los Caballeros (1598-1600), San Gabriel 
        (1600-1609) and Santa Fe (1610-1821);
            (2) the portion of El Camino Real in what is now the United 
        States extended between El Paso, Texas, and present San Juan 
        Pueblo, New Mexico, a distance of 404 miles;
            (3) El Camino Real is a symbol of the cultural interaction 
        between nations and ethnic groups and of the commercial 
        exchange that made possible the development and growth of the 
        borderland;
            (4) American Indian groups, especially the Pueblo Indians 
        of the Rio Grande, developed trails for trade long before 
        Europeans arrived;
            (5) in 1598, Juan de Onate led a Spanish military 
        expedition along those trails to establish the northern portion 
        of El Camino Real;
            (6) during the Mexican National Period and part of the 
        United States Territorial Period, El Camino Real facilitated 
        the emigration of people to New Mexico and other areas that 
        were to become part of the United States;
            (7) the exploration, conquest, colonization, settlement, 
        religious conversion, and military occupation of a large area 
        of the borderland was made possible by El Camino Real, the 
        historical period of which extended from 1598 to 1882;
            (8) American Indians, European emigrants, miners, ranchers, 
        soldiers, and missionaries used El Camino Real during the 
        historic development of the borderland, promoting cultural 
        interaction among Spaniards, other Europeans, American Indians, 
        Mexicans, and Americans; and
            (9) El Camino Real fostered the spread of Catholicism, 
        mining, an extensive network of commerce, and ethnic and 
        cultural traditions including music, folklore, medicine, foods, 
        architecture, language, place names, irrigation systems, and 
        Spanish law.

SEC. 1103. AUTHORIZATION AND ADMINISTRATION.

    Section 5(a) of the National Trails System Act (16 U.S.C. 1244(a)) 
is amended--
            (1) by designating the paragraphs relating to the 
        California National Historic Trail, the Pony Express National 
        Historic Trail, and the Selma to Montgomery National Historic 
        Trail as paragraphs (18), (19), and (20), respectively; and
            (2) by adding at the end the following:
            ``(21) El camino real de tierra adentro.--
                    ``(A) In general.--El Camino Real de Tierra Adentro 
                (the Royal Road of the Interior) National Historic 
                Trail, a 404 mile long trail from the Rio Grande near 
                El Paso, Texas to San Juan Pueblo, New Mexico, as 
                generally depicted on the maps entitled `United States 
                Route: El Camino Real de Tierra Adentro', contained in 
                the report prepared pursuant to subsection (b) entitled 
                `National Historic Trail Feasibility Study and 
                Environmental Assessment: El Camino Real de Tierra 
                Adentro, Texas-New Mexico', dated March 1997.
                    ``(B) Map.--A map generally depicting the trail 
                shall be on file and available for public inspection in 
                the Office of the National Park Service, Department of 
                the Interior.
                    ``(C) Administration.--The trail shall be 
                administered by the Secretary of the Interior.
                    ``(D) Land acquisition.--No land or interest in 
                land outside the exterior boundaries of any federally 
                administered area may be acquired by the United States 
                for the trail except with the consent of the owner of 
                the land or interest in land.
                    ``(E) Volunteer groups; consultation.--The 
                Secretary of the Interior shall--
                            ``(i) encourage volunteer trail groups to 
                        participate in the development and maintenance 
                        of the trail; and
                            ``(ii) consult with affected Federal, 
                        State, local governmental, and tribal agencies 
                        in the administration of the trail.
                    ``(F) Coordination of activities.--The Secretary of 
                the Interior may coordinate with United States and 
                Mexican public and non-governmental organizations, 
                academic institutions, and, in consultation with the 
                Secretary of State, the government of Mexico and its 
                political subdivisions, for the purpose of exchanging 
                trail information and research, fostering trail 
                preservation and educational programs, providing 
                technical assistance, and working to establish an 
                international historic trail with complementary 
                preservation and education programs in each nation.''.

     TITLE XII--EL CAMINO REAL DE LOS TEJAS NATIONAL HISTORIC TRAIL

SEC. 1201. SHORT TITLE.

    This title may be cited as the ``El Camino Real de los Tejas 
National Historic Trail Act of 1998''.

SEC. 1202. FINDINGS.

    Congress finds that--
            (1) El Camino Real de los Tejas (the Royal Road to the 
        Tejas), served as the primary route between the Spanish 
        viceregal capital of Mexico City and the Spanish provincial 
        capital of Tejas at Los Adaes (1721-1773) and San Antonio 
        (1773-1821);
            (2) the seventeenth, eighteenth, and early nineteenth 
        century rivalries among the European colonial powers of Spain, 
        France, and England and after their independence, Mexico and 
        the United States, for dominion over lands fronting the Gulf of 
        Mexico, were played out along the evolving travel routes in 
        this immense area;
            (3) the future of several American Indian nations, whose 
        prehistoric trails were later used by the Spaniards for 
        exploration and colonization, was tied to these larger forces 
        and events and the nations were fully involved in and affected 
        by the complex cultural interactions that ensued;
            (4) the Old San Antonio Road was a series of routes 
        established in the early 19th century sharing the same corridor 
        and some routes of El Camino Real, and carried American 
        immigrants from the east, contributing to the formation of the 
        Republic of Texas, and its annexation to the United States;
            (5) the exploration, conquest, colonization, settlement, 
        migration, military occupation, religious conversion, and 
        cultural exchange that occurred in a large area of the 
        borderland was facilitated by El Camino Real de los Tejas as it 
        carried Spanish and Mexican influences northeastward, and by 
        its successor, the Old San Antonio Road, which carried American 
        influence westward, during a historic period which extended 
        from 1689 to 1850; and
            (6) the portions of El Camino Real de los Tejas in what is 
        now the United States extended from the Rio Grande near Eagle 
        Pass and Laredo, Texas and involved routes that changed through 
        time, that total almost 2,600 miles in combined length, 
        generally coursing northeasterly through San Antonio, Bastrop, 
        Nacogdoches, and San Augustine in Texas to Natchitoches, 
        Louisiana, a general corridor distance of 550 miles.

SEC. 1203. AUTHORIZATION AND ADMINISTRATION.

    Section 5(a) of the National Trails System Act (16 U.S.C. 1244(a) 
is amended--
            (1) by designating the paragraphs relating to the 
        California National Historic Trail, the Pony Express National 
        Historic Trail, and the Selma to Montgomery National Historic 
        Trail as paragraphs (18), (19), and (20), respectively; and
            (2) by adding at the end the following:
            ``(22) El camino real de los tejas.--
                    ``(A) In general.--El Camino Real de los Tejas (The 
                Royal Road to the Tejas) National Historic Trail, a 
                combination of routes totaling 2,580 miles in length 
                from the Rio Grande near Eagle Pass and Laredo, Texas 
                to Natchitoches, Louisiana, and including the Old San 
                Antonio Road, as generally depicted on the maps 
                entitled `El Camino Real de los Tejas', contained in 
                the report prepared pursuant to subsection (b) entitled 
                `National Historic Trail Feasibility Study and 
                Environmental Assessment: El Camino Real de los Tejas, 
                Texas-Louisiana', dated July 1998. A map generally 
                depicting the trail shall be on file and available for 
                public inspection in the Office of the National Park 
                Service, Department of the Interior. The trail shall be 
                administered by the Secretary of the Interior. No land 
                or interest in land outside the exterior boundaries of 
                any federally administered area may be acquired by the 
                United States for the trail except with the consent of 
                the owner of the land or interest in land.
                    ``(B) Coordination of activities.--The Secretary of 
                the Interior may coordinate with United States and 
                Mexican public and non-governmental organizations, 
                academic institutions, and, in consultation with the 
                Secretary of State, the government of Mexico and its 
                political subdivisions, for the purpose of exchanging 
                trail information and research, fostering trail 
                preservation and educational programs, providing 
                technical assistance, and working to establish an 
                international historic trail with complementary 
                preservation and education programs in each nation.''.

          TITLE XIII--MINUTEMAN MISSILE NATIONAL HISTORIC SITE

SEC. 1301. SHORT TITLE.

    This title may be cited as the ``Minuteman Missile National 
Historic Site Establishment Act of 1998''.

SEC. 1302. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) the Minuteman II intercontinental ballistic missile 
        (hereinafter referred to as ``ICBM'') launch control facility 
        and launch facility known as ``Delta 1'' and ``Delta 9'', 
        respectively, have national significance as the best preserved 
        examples of the operational character of American history 
        during the Cold War;
            (2) the facilities are symbolic of the dedication and 
        preparedness exhibited by the missileers of the Air Force 
        stationed throughout the upper Great Plains in remote and 
        forbidding locations during the Cold War;
            (3) the facilities provide a unique opportunity to 
        illustrate the history and significance of the Cold War, the 
        arms race, and ICBM development; and
            (4) the National Park System does not contain a unit that 
        specifically commemorates or interprets the Cold War.
    (b) Purposes.--The purposes of this title are--
            (1) to preserve, protect, and interpret for the benefit and 
        enjoyment of present and future generations the structures 
        associated with the Minuteman II missile defense system;
            (2) to interpret the historical role of the Minuteman II 
        missile defense system in the broader context of the Cold War 
        and the role of the system as a key component of America's 
        strategic commitment to preserve world peace; and
            (3) to complement the interpretive programs relating to the 
        Minuteman II missile defense system offered by the South Dakota 
        Air and Space Museum at Ellsworth Air Force Base.

SEC. 1303. MINUTEMAN MISSILE NATIONAL HISTORIC SITE.

    (a) Establishment.--(1) The Minuteman Missile National Historic 
Site in the State of South Dakota (hereinafter referred to as the 
``historic site'') is hereby established as a unit of the National Park 
System. The historic site shall consist of lands and interests therein 
comprising the following Minuteman II ICBM launch control facilities, 
as generally depicted on the map referred to as ``Minuteman Missile 
National Historic Site'', numbered 406/80,008 and dated September, 
1998:
            (A) An area surrounding the Minuteman II ICBM launch 
        control facility depicted as ``Delta 1 Launch Control 
        Facility''.
            (B) An area surrounding the Minuteman II ICBM launch 
        control facility depicted as ``Delta 9 Launch Facility''.
    (2) The map described in paragraph (1) shall be on file and 
available for public inspection in the appropriate offices of the 
National Park Service.
    (3) The Secretary of the Interior (hereinafter referred to as the 
``Secretary'') is authorized to make minor adjustments to the boundary 
of the historic site.
    (b) Administration of Historic Site.--The Secretary shall 
administer the historic site in accordance with this title and laws 
generally applicable to units of the National Park System, including 
the Act of August 25, 1916 (16 U.S.C. 1, 2-4) and the Act of August 21, 
1935 (16 U.S.C. 461-467).
    (c) Coordination With Secretary of Defense.--The Secretary shall 
consult with the Secretary of Defense and the Secretary of State, as 
appropriate, to ensure that administration of the historic site is in 
compliance with applicable treaties.
    (d) Cooperative Agreements.--The Secretary may enter into 
cooperative agreements with appropriate public and private entities and 
individuals in furtherance of the purposes of this title.
    (e) Land Acquisition.--(1) Except as provided in paragraph (2), the 
Secretary is authorized to acquire lands and interests therein within 
the boundaries of the historic site by donation, purchase with donated 
or appropriated funds, exchange or transfer from another Federal 
agency: Provided, That lands or interests therein owned by the State of 
South Dakota may only be acquired by donation or exchange.
    (2) The Secretary shall not acquire any lands pursuant to this Act 
if the Secretary determines that such lands, or any portion thereof, 
are contaminated with hazardous substances (as defined in the 
Comprehensive Environmental Response, Compensation and Liability Act 
(42 U.S.C. 9601)), unless all remedial action necessary to protect 
human health and the environment has been taken pursuant to such Act.
    (f) General Management Plan.--(1) Within three years after the date 
funds are made available, the Secretary shall prepare a general 
management plan for the historic site.
    (2) The plan shall include an evaluation of an appropriate location 
for a visitor facility and administrative site within the areas 
depicted as ``Support Facility Study Area--Alternative A'' or ``Support 
Facility Study Area--Alternative B'' on the map referred to in 
subsection (a). Upon a determination by the Secretary of the 
appropriate location for such facilities, the boundaries of the 
historic site shall be modified to include the selected site.
    (3) In developing the plan, the Secretary shall consider 
coordinating or consolidating appropriate administrative, management, 
and personnel functions with Badlands National Park.

SEC. 1304. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated such sums 
as may be necessary to carry out this title.
    (b) Air Force Funds.--The Secretary of the Air Force shall transfer 
to the Secretary any funds specifically appropriated to the Air Force 
in fiscal year 1999 for the maintenance, protection, or preservation of 
the facilities described in section 1303. Such funds shall be used by 
the Secretary for establishing, operating, and maintaining the historic 
site.
    (c) Legacy Resource Management Program.--Nothing in this title 
affects the use of any funds available for the Legacy Resource 
Management Program being carried out by the Air Force that, before the 
date of enactment of this title, were directed to be used for resource 
preservation and treaty compliance.

                     TITLE XIV--COMMERCIAL FILMING

SEC. 1401. FEE AUTHORITY AND REPEAL OF PROHIBITION.

    (a) Authority.--
            (1) In general.--The Secretary of the Interior (in this 
        section referred to as the ``Secretary'') may permit, under 
        terms and conditions considered necessary by the Secretary, the 
        use of lands and facilities administered by the Secretary for 
        the making of any motion picture, television production, 
        soundtrack, or similar project, if the Secretary determines 
        that such use is appropriate and will not impair the values and 
        resources of the lands and facilities.
            (2) Fees.--(A) Any permit under this section shall require 
        the payment of fees to the Secretary in an amount determined to 
        be appropriate by the Secretary sufficient to provide a fair 
        return to the government in accordance with subparagraph (B), 
        except as provided in subparagraph (C). The amount of the fee 
        shall be not less than the direct and indirect costs to the 
        Government for processing the application for the permit and 
        the use of lands and facilities under the permit, including any 
        necessary costs of cleanup and restoration, except as provided 
        in subparagraph (C).
            (B) The authority of the Secretary to establish fees under 
        this paragraph shall include, but not be limited to, authority 
        to issue regulations that establish a schedule of rates for 
        fees under this paragraph based on such factors as--
                    (i) the number of people on site under a permit;
                    (ii) the duration of activities under a permit;
                    (iii) the conduct of activities under a permit in 
                areas designated by statute or regulations as special 
                use areas, including wilderness and research natural 
                areas; and
                    (iv) surface disturbances authorized under a 
                permit.
            (C) The Secretary may, under the terms of the regulations 
        promulgated under paragraph (4), charge a fee below the amount 
        referred to in subparagraph (A) if the activity for which the 
        fee is charged provides clear educational or interpretive 
        benefits for the Department of the Interior.
            (3) Bonding and insurance.--The Secretary may require a 
        bond, insurance, or such other means as may be necessary to 
        protect the interests of the United States in activities 
        arising under such a permit.
            (4) Regulations.--(A) The Secretary shall issue regulations 
        implementing this subsection by not later than 180 days after 
        the date of the enactment of this title.
            (B) Within 3 years after the date of enactment of this 
        title, the Secretary shall review and, as appropriate, revise 
        regulations issued under this paragraph. After that time, the 
        Secretary shall periodically review the regulations and make 
        necessary changes.
    (b) Collection of Fees.--Fees shall be collected under subsection 
(a) whenever the proposed filming, videotaping, sound recording, or 
still photography involves product or service advertisements, or the 
use of models, actors, sets, or props, or when such filming, 
videotaping, sound recording, or still photography could result in 
damage to resources or significant disruption of normal visitor uses. 
Filming, videotaping, sound recording or still photography, including 
bona fide newsreel or news television film gathering, which does not 
involve the activities or impacts identified herein, shall be permitted 
without fee.
    (c) Existing Regulations.--The prohibition on fees set forth in 
paragraph (1) of section 5.1(b) of title 43, Code of Federal 
Regulations, shall cease to apply upon the effective date of 
regulations under subsection (a). Nothing in this section shall be 
construed to affect the regulations set forth in part 5 of such title, 
other than paragraph (1) thereof.
    (d) Proceeds.--Amounts collected as fees under this section shall 
be available for expenditure without further appropriation and shall be 
distributed and used, without fiscal year limitation, in accordance 
with the formula and purposes established for the Recreational Fee 
Demonstration Program under section 315 of Public Law 104-134.
    (e) Penalty.--A person convicted of violating any regulation issued 
under subsection (a) shall be fined in accordance with title 18, United 
States Code, or imprisoned for not more than 6 months, or both, and 
shall be ordered to pay all costs of the proceedings.
    (f) Effective Date.--This section and the regulations issued under 
this section shall become effective 180 days after the date of the 
enactment of this title, except that this subsection and the authority 
of the Secretary to issue regulations under this section shall be 
effective on the date of the enactment of this title.

             TITLE XV--BANDELIER NATIONAL MONUMENT ADDITION

SEC. 1501. SHORT TITLE.

    This title may be cited as the ``Bandelier National Monument 
Administrative Improvement and Watershed Protection Act of 1998''.

SEC. 1502. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that:
            (1) Bandelier National Monument (hereinafter, the Monument) 
        was established by Presidential proclamation on February 11, 
        1916, to preserve the archeological resources of a ``vanished 
        people, with as much land as may be necessary for the proper 
        protection thereof. . .'' (No. 1322; 39 Stat. 1746).
            (2) At various times since its establishment, the Congress 
        and the President have adjusted the Monument's boundaries and 
        purpose to further preservation of archeological and natural 
        resources within the Monument.
                    (A) On February 25, 1932, the Otowi Section of the 
                Santa Fe National Forest (some 4,699 acres of land) was 
                transferred to the Monument from the Santa Fe National 
                Forest (Presidential Proclamation No. 1191; 17 Stat. 
                2503).
                    (B) In December of 1959, 3,600 acres of Frijoles 
                Mesa were transferred to the National Park Service from 
                the Atomic Energy Committee (hereinafter, AEC) and 
                subsequently added to the Monument on January 9, 1991, 
                because of ``pueblo-type archeological ruins germane to 
                those in the monument'' (Presidential Proclamation No. 
                3388).
                    (C) On May 27, 1963, Upper Canyon, 2,882 acres of 
                land previously administered by the AEC, was added to 
                the Monument to preserve ``their unusual scenic 
                character together with geologic and topographic 
                features, the preservation of which would implement the 
                purposes'' of the Monument (Presidential Proclamation 
                No. 3539).
                    (D) In 1976, concerned about upstream land 
                management activities that could result in flooding and 
                erosion in the Monument, Congress included the 
                headwaters of the Rito de los Frijoles and the Canada 
                de Cochiti Grant (a total of 7,310 acres) within the 
                Monument's boundaries (Public Law 94-578; 90 Stat. 
                2732).
                    (E) In 1976, Congress created the Bandelier 
                Wilderness, a 23,267 acres area that covers over 70 
                percent of the Monument.
            (3) The Monument still has potential threats from flooding, 
        erosion, and water quality deterioration because of the mixed 
        ownership of the upper watersheds, along its western border, 
        particularly in Alamo Canyon.
    (b) Purpose.--The purpose of this title is to modify the boundary 
of the Monument to allow for acquisition and enhanced protection of the 
lands within the Monument's upper watershed.

SEC. 1503. BOUNDARY MODIFICATION.

    Effective on the date of enactment of this title, the boundaries of 
the Monument shall be modified to include approximately 935 acres of 
land comprised of the Elk Meadows subdivision, the Gardner parcel, the 
Clark parcel, and the Baca Land & Cattle Co. lands within the Upper 
Alamo watershed as depicted on the National Park Service map entitled 
``Proposed Boundary Expansion Map Bandlier National Monument'' dated 
July, 1997. Such map shall be on file and available for public 
inspection in the offices of the Director of the National Park Service, 
Department of the Interior.

SEC. 1504. LAND ACQUISITION.

    (a) In General.--Except as provided in subsections (b) and (c), the 
Secretary of the Interior is authorized to acquire lands and interests 
therein within the boundaries of the area added to the Monument by this 
title by donation, purchase with donated or appropriated funds, 
transfer with another Federal agency, or exchange: Provided, That no 
lands or interests therein may be acquired except with the consent of 
the owner thereof.
    (b) State and local lands.--Lands or interests therein owned by the 
State of New Mexico or a political subdivision thereof may only be 
acquired by donation or exchange.
    (c) Acquisition of less than Fee interests in Land.--The Secretary 
may acquire less than fee interests in land only if the Secretary 
determines that such less than fee acquisition will adequately protect 
the Monument from flooding, erosion, and degradation of its drainage 
waters.

SEC. 1505. ADMINISTRATION.

    The Secretary of the Interior, acting through the Director of the 
National Park Service, shall manage the national Monument, including 
lands added to the Monument by this title, in accordance with this 
title and the provisions of law generally applicable to units of 
National Park System, including the Act of August 25, 1916, an Act to 
establish a National Park Service (39 Stat. 535; 16 U.S.C. 1, 2-4), and 
such specific legislation as heretofore has been enacted regarding the 
Monument.

SEC. 1506. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated such sums as may be 
necessary to carry out the purpose of this title.

            TITLE XVI--MISCELLANEOUS TERRITORIES PROVISIONS

SEC. 1601. CLARIFICATION OF ALLOTMENT FOR TERRITORIES.

    Section 901(a)(2) of the Omnibus Crime Control and Safe Streets Act 
of 1968 (42 U.S.C. 3791(a)(2)) is amended to read as follows:
            ``(2) `State' means any State of the United States, the 
        District of Columbia, the Commonwealth of Puerto Rico, the 
        Virgin Islands, American Samoa, Guam, and the Commonwealth of 
        the Northern Mariana Islands;''.

SEC. 1602. ELIGIBILITY FOR HOUSING ASSISTANCE.

    (a) Section 214(a) of the Housing Community Development Act of 1980 
(42 U.S.C. 1436a(a)) is amended--
            (1) by striking ``or'' at the end of paragraph (5);
            (2) by striking the period at the end of paragraph (6) and 
        inserting ``; or''; and
            (3) by adding at the end the following new paragraph:
            ``(7) an alien who is lawfully resident in the United 
        States and its territories and possessions under section 141 of 
        the Compacts of Free Association between the Government of the 
        United States and the Governments of the Marshall Islands, the 
        Federated States of Micronesia (48 U.S.C. 1901 note) and Palau 
        (48 U.S.C. 1931 note) while the applicable section is in 
        effect: Provided, That, within Guam and the Commonwealth of the 
        Northern Mariana Islands any such alien shall not be entitled 
        to a preference in receiving assistance under this Act over any 
        United States citizen or national resident therein who is 
        otherwise eligible for such assistance.''.

          TITLE XVII--MISCELLANEOUS NEW MEXICO LAND TRANSFERS

SEC. 1701. OLD COYOTE ADMINISTRATIVE SITE.

    (a) Conveyance of Property.--Not later than one year after the date 
of enactment of this section, the Secretary of the Interior (herein 
``the Secretary'') shall convey to the County of Rio Arriba, New Mexico 
(herein ``the County''), subject to the terms and conditions stated in 
subsection (b), all right, title, and interest of the United States in 
and to the land (including all improvements on the land) known as the 
``Old Coyote Administrative Site'' located approximately \1/2\ mile 
east of the Village of Coyote, New Mexico, on State Road 96, comprising 
one tract of 130.27 acres (as described in Public Land Order 3730), and 
one tract of 276.76 acres (as described in Executive Order 4599).
    (b) Term and Conditions.--
            (1) Consideration for the conveyance described in 
        subsection (a) shall be--
                    (A) an amount that is consistent with the special 
                pricing program for governmental entities under the 
                Recreation and Public Purposes Act; and
                    (B) an agreement between the Secretary and the 
                County indemnifying the Government of the United States 
                from all liability of the Government that arises from 
                the property.
            (2) The lands conveyed by this section shall be used for 
        public purposes. If such lands cease to be used for public 
        purposes, at the option of the United States, such lands will 
        revert to the United States.
    (c) Land Withdrawals.--Land withdrawals under Public Land Order 
3730 and Executive Order 4599 as extended in the Federal Register on 
May 25, 1989 (54 FR 22629) shall be revoked simultaneous with the 
conveyance of the property under subsection (a).

SEC. 1702. OLD JICARILLA ADMINISTRATIVE SITE.

    (a) Conveyance of Property.--Not later than one year after the date 
of enactment of this section, the Secretaries of Agriculture and the 
Interior (herein ``the Secretaries'') shall convey to San Juan College, 
in Farmington, New Mexico, subject to the terms and conditions under 
subsection (c), all right, title, and interest of the United States in 
and to a parcel of real property (including any improvements on the 
land) consisting of approximately 10 acres known as the ``Old Jicarilla 
Site'' located in San Juan County, New Mexico (T29N; R5W; portions of 
Sections 29 and 30).
    (b) Description of Property.--The exact acreage and legal 
description of the real property conveyed under subsection (a) shall be 
determined by a survey satisfactory to the Secretaries and the 
President of San Juan College. The cost of the survey shall be borne by 
San Juan College.
    (c) Terms and Conditions.--
            (1) Notwithstanding exceptions of application under the 
        Recreation and Public Purposes Act (43 U.S.C. 869(c)), 
        consideration for the conveyance described in subsection (a) 
        shall be--
                    (A) an amount that is consistent with the Bureau of 
                Land Management special pricing program for 
                Governmental entities under the Recreation and Public 
                Purposes Act; and
                    (B) an agreement between the Secretaries and San 
                Juan College indemnifying the Government of the United 
                States from all liability of the Government that arises 
                from the property.
            (2) The lands conveyed by this section shall be used for 
        educational and recreational purposes. If such lands cease to 
        be used for such purposes, at the option of the United States, 
        such lands will revert to the United States.
    (d) Land Withdrawals.--Public Land Order 3443, only insofar as it 
pertains to lands described in subsections (a) and (b), shall be 
revoked simultaneous with the conveyance of the property under 
subsection (a).

            Attest:

                                                             Secretary.
105th CONGRESS

  2d Session

                                S. 2117

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