179
‘‘(1) one shall be an official of the United
States Government, with salmon fishery manage-
ment responsibility and expertise;
‘‘(2) one shall be an official of the State of
Alaska, with salmon fishery management responsi-
bility and expertise; and
‘‘(3) five shall be individuals knowledgeable and
experienced in the salmon fisheries for which the
Transboundary Panel is responsible.’’;
(B) by renumbering the remaining subsections;
(C) in section 3(g), as redesignated by this sub-
section, by striking ‘‘The appointing authorities’’
and inserting in lieu thereof ‘‘For the northern,
southern, and Fraser River panels, the appointing
authorities’’; and
(D) in section 3(h)(3), as redesignated by this
subsection, by striking ‘‘northern and southern’’ and
inserting in lieu thereof ‘‘northern, southern, and
transboundary’’.
(6) The fishery research vessel for which funds were
appropriated in Public Law 106–113 shall be homeported
in Kodiak, Alaska, and is hereby named ‘‘OSCAR
DYSON’’.
(d)(1) The Secretary of Commerce (hereinafter ‘‘the
Secretary’’) shall, after notice and opportunity for public
180
comment, adopt final regulations not later than May 1,
2001 to implement a fishing capacity reduction program
for crab fisheries included in the Fishery Management
Plan for Commercial King and Tanner Crab Fisheries in
the Bering Sea and Aleutian Islands (hereinafter ‘‘BSAI
crab fisheries’’). In implementing the program the Sec-
retary shall—
(A) reduce the fishing capacity in the BSAI
crab fisheries by permanently reducing the number
of license limitation program crab licenses;
(B) permanently revoke all fishery licenses,
fishery permits, area and species endorsements, and
any other fishery privileges, for all fisheries subject
to the jurisdiction of the United States, issued to a
vessel or vessels (or to persons on the basis of their
operation or ownership of that vessel or vessels) for
which a BSAI crab fisheries reduction permit is sur-
rendered and revoked under section 6011(b) of title
50, Code of Federal Regulations;
(C) ensure that the Secretary of Transportation
is notified of each vessel for which a reduction per-
mit is surrendered and revoked under the program,
with a request that such Secretary permanently re-
voke the fishery endorsement of each such vessel and
181
refuse permission to transfer any such vessel to a
foreign flag under paragraph (5);
(D) ensure that vessels removed from the BSAI
crab fisheries under the program are made perma-
nently ineligible to participate in any fishery world-
wide, and that the owners of such vessels contrac-
tually agree that such vessels will operate only under
the United States flag or be scrapped as a reduction
vessel pursuant to section 600.1011(c) of title 50,
Code of Federal Regulations;
(E) ensure that vessels removed from the BSAI
crab fisheries, the owners of such vessels, and the
holders of fishery permits for such vessels forever re-
linquish any claim associated with such vessel, per-
mits, and any catch history associated with such ves-
sel or permits that could qualify such vessel, vessel
owner, or permit holder for any present or future
limited access system fishing permits in the United
States fisheries based on such vessel, permits, or
catch history;
(F) not include the purchase of Norton Sound
red king crab or Norton Sound blue king crab en-
dorsements in the program, though any such en-
dorsements associated with a reduction permit or
vessel made ineligible or scrapped under the pro-
182
gram shall also be surrendered and revoked as if
surrendered and revoked pursuant to section
600.1011(b) of title 50, Code of Federal Regula-
tions;
(G) seek to obtain the maximum sustained re-
duction in fishing capacity at the least cost by estab-
lishing bidding procedures that—
(i) assign a bid score to each bid by divid-
ing the price bid for each reduction permit by
the total value of the crab landed in the most
recent 5-year period in each crab fishery from
1990 through 1999 under that permit, with the
value for each year determined by multiplying
the average price per pound published by the
State of Alaska in each year for each crab fish-
ery included in such reduction permit by the
total pounds landed in each crab fishery under
that permit in that year; and
(ii) use a reverse auction in which the low-
est bid score ranks first, followed by each bid
with the next lowest bid score, until the total
bid amount of all bids equals a reduction cost
that the next lowest bid would cause to exceed
$100,000,000;
183
(H) not waive or otherwise make inapplicable
any requirements of the License Limitation Program
applicable to such crab fisheries, in particular any
requirements in sections 679.4(k) and (l) of title 50,
Code of Federal Regulations;
(I) not waive or otherwise make inapplicable
any catcher vessel sideboards implemented under the
American Fisheries Act (AFA), except that the
North Pacific Fishery Management Council shall
recommend to the Secretary and to the State of
Alaska, not later than February 16, 2001, and the
Secretary and the State of Alaska shall implement
as appropriate, modifications to such sideboards to
the extent necessary to permit AFA catcher vessels
that remain in the crab fisheries to share propor-
tionately in any increase in crab harvest opportuni-
ties that accrue to all remaining AFA and non-AFA
catcher vessels if the fishing capacity reduction pro-
gram required by this section is implemented;
(J) establish sub-amounts and repayment fees
for each BSAI crab fishery prosecuted under a sepa-
rate endorsement for repayment of the reduction
loan, such that—
(i) a reduction loan sub-amount is estab-
lished for each separate BSAI crab fishery
184
(other than Norton Sound red king crab or
Norton Sound blue king crab) by dividing the
total value of the crab landed in that fishery
under all reduction permits by the total value of
all crab landed under such permits in the BSAI
crab fisheries (determined using the same aver-
age prices and years used under subparagraph
(G)(i) of this paragraph), and multiplying the
reduction loan amount by the percentage ex-
pressed by such ratio; and
(ii) fish sellers who participate in the crab
fishery under each endorsement repay the re-
duction loan sub-amount attributable to that
fishery; and
(K) notwithstanding section 1111(b) of the
Merchant Marine Act, 1936 (46 U.S.C. App.
1279f(b)(4)), establish a repayment period for the
reduction loan of not less than 30 years.
(2)(A) Only persons to whom a non-interim
BSAI crab license and an area/species endorsement
have been issued (other than persons to whom only
a license and an area/species endorsement for Nor-
ton Sound red king crab or Norton Sound blue king
crab have been issued) for vessels that—
185
(i) qualify under the License Limitation
Program criteria set forth in section 679.4 of
title 50, Code of Federal Regulations, and
(ii) have made at least one landing of
BSAI crab in either 1996, 1997, or prior to
February 7 in 1998, may submit a bid in the
fishing capacity reduction program established
by this section.
(B) After the date of enactment of this
section—
(i) no vessel 60 feet or greater in length
overall may participate in any BSAI crab fish-
ery (other than for Norton Sound red king crab
or Norton Sound blue king crab) unless such
vessel meets the requirements set forth in sub-
paragraphs (A)(i) and (A)(ii) of this paragraph;
and
(ii) no vessel between 33 and 60 feet in
length overall may participate in any BSAI crab
fishery (other than for Norton Sound red king
crab or Norton Sound blue king crab) unless
such vessel meets the requirements set forth in
subparagraph (A)(i) of this paragraph. Nothing
in this paragraph shall be construed to affect
the requirements for participation in the fish-
186
eries for Norton Sound red king crab or Norton
Sound blue king crab. The Secretary may, on a
case by case basis and after notice and oppor-
tunity for public comment, waive the applica-
tion of subparagraph (A)(ii) of this paragraph
if the Secretary determines such waiver is nec-
essary to implement one of the specific exemp-
tions to the recent participation requirement
that were recommended by the North Pacific
Fishery Management Council in the record of
its October, 1998 meeting.
(3) The fishing capacity reduction program re-
quired under this subsection shall be implemented
under this subsection and sections 312(b)–(e) of the
Magnuson-Stevens Fishery Conservation and Man-
agement Act (16 U.S.C. 1861a(b)–(e)). Section 312
and the regulations found in Subpart L of Part 600
of title 50, Code of Federal Regulations, shall apply
only to the extent such section or regulations are not
inconsistent with or made inapplicable by the spe-
cific 
provisions 
of 
this 
subsection. 
Sections
600.1001, 
600.1002, 
600.1003, 
600.1005,
600.1010(b), 600.1010(d)(1), 600.1011(d), the last
sentence of 600.1011(a), and the last sentence of
600.1014(f ) of such Subpart shall not apply to the
187
program implemented under this subsection. The
program shall be deemed accepted under section
600.1004, and any time period specified in Subpart
L that would prevent the Secretary from complying
with the May 1, 2001 date required by this sub-
section shall be modified as appropriate to permit
compliance with that date. The referendum required
for the program under this subsection shall be a
post-bidding referendum under section 600.1010 of
title 50, Code of Federal Regulations.
(4)(A) The fishing capacity reduction program
required under this subsection is authorized to be fi-
nanced in equal parts through a reduction loan of
$50,000,000 under sections 1111 and 1112 of title
XI of the Merchant Marine Act, 1936 (46 U.S.C.
App. 1279f and 1279g) and $50,000,000 which is
authorized to be appropriated for the purposes of
such program.
(B) Of the $1,000,000 appropriated in section
120 of division A of Public Law 105–277 for the
cost of a direct loan in the Bering Sea and Aleutian
Islands crab fisheries—
(i) $500,000 shall be for the cost of guar-
anteeing the reduction loan required under sub-
paragraph (A) of this paragraph in accordance
188
with the requirements of the Federal Credit Re-
form Act; and
(ii) $500,000 shall be available to the Sec-
retary to pay for the cost of implementing the
fishing capacity reduction program required by
this subsection.
(C) The funds described in this subsection shall
remain available, without fiscal year limitation, until
expended. Any funds not used for the fishing capac-
ity reduction program required by this subsection,
whether due to a rejection by referendum or other-
wise, shall be available on or after October 15, 2002,
without fiscal year limitation, for assistance to fish-
ermen or fishing communities.
(5)(A) The Secretary of Transportation shall,
upon notification and request by the Secretary, for
each vessel identified in such notification and
request—
(i) permanently revoke any fishery en-
dorsement issued to such vessel under section
12108 of title 46, United States Code; and
(ii) refuse to grant the approval required
under section 9(c)(2) of the Shipping Act, 1916
(46 U.S.C. App. 808(c)(2)) for the placement
of such vessel under foreign registry or the op-
189
eration of such vessel under the authority of a
foreign country.
(B) The Secretary shall, after notice and oppor-
tunity for public comment, adopt final regulations
not later than May 1, 2001, to prohibit any vessel
for which a reduction permit is surrendered and re-
voked under the fishing capacity reduction program
required by this section from engaging in fishing ac-
tivities on the high seas or under the jurisdiction of
any foreign country while operating under the
United States flag.
(6) The purpose of this subsection is to imple-
ment a fishing capacity reduction program for the
BSAI crab fisheries that results in final action to
permanently remove harvesting capacity from such
fisheries prior to December 31, 2001. In imple-
menting this subsection the Secretary is directed to
use, to the extent practicable, information collected
and maintained by the State of Alaska. Any require-
ments of the Paperwork Reduction Act, the Regu-
latory Flexibility Act, or any Executive order that
would, in the opinion of the Secretary, prevent the
Secretary from meeting the deadlines set forth in
this subsection shall not apply to the fishing capac-
ity reduction program or the promulgation of regula-
190
tions to implement such program required by this
subsection. Nothing in this subsection shall be con-
strued to prohibit the North Pacific Fishery Man-
agement Council from recommending, or the Sec-
retary from approving, changes to any Fishery Man-
agement Plan, License Limitation Program, or
American Fisheries Act provisions affecting catcher
vessel sideboards in accordance with applicable law:
Provided, That except as specifically provided in this
subsection, such Council may not recommend, and
the Secretary may not approve, any action that
would have the effect of increasing the number of
vessels eligible to participate in the BSAI crab fish-
eries after March 1, 2001.
(e)(1) This subsection may be referred to as the
‘‘Pribilof Islands Transition Act’’.
(2) The purpose of this subsection is to complete the
orderly withdrawal of the National Oceanic and Atmos-
pheric Administration from the civil administration of the
Pribilof Islands, Alaska.
(3) Public Law 89–702 (16 U.S.C. 1151 et seq.),
popularly known and referred to in this subsection as the
Fur Seal Act of 1966, is amended by amending section
206 (16 U.S.C. 1166) to read as follows:
191
‘‘SEC. 206. (a)(1) Subject to the availability of appro-
priations, the Secretary shall provide financial assistance
to any city government, village corporation, or tribal coun-
cil of St. George, Alaska, or St. Paul, Alaska.
‘‘(2) Notwithstanding any other provision of law re-
lating to matching funds, funds provided by the Secretary
as assistance under this subsection may be used by the
entity as non-Federal matching funds under any Federal
program that requires such matching funds.
‘‘(3) The Secretary may not use financial assistance
authorized by this Act—
‘‘(A) to settle any debt owed to the United
States;
‘‘(B) for administrative or overhead expenses;
or
‘‘(C) for contributions sought or required from
any person for costs or fees to clean up any matter
that was caused or contributed to by such person on
or after March 15, 2000.
‘‘(4) In providing assistance under this subsection the
Secretary shall transfer any funds appropriated to carry
out this section to the Secretary of the Interior, who shall
obligate such funds through instruments and procedures
that are equivalent to the instruments and procedures re-
quired to be used by the Bureau of Indian Affairs pursu-
192
ant to title IV of the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 450 et seq.).
‘‘(5) In any fiscal year for which less than all of the
funds authorized under subsection (c)(1) are appropriated,
such funds shall be distributed under this subsection on
a pro rata basis among the entities referred to in sub-
section (c)(1) in the same proportions in which amounts
are authorized by that subsection for grants to those enti-
ties.
‘‘(b)(1) Subject to the availability of appropriations,
the Secretary shall provide assistance to the State of Alas-
ka for designing, locating, constructing, redeveloping, per-
mitting, or certifying solid waste management facilities on
the Pribilof Islands to be operated under permits issued
to the City of St. George and the City of St. Paul, Alaska,
by the State of Alaska under section 46.03.100 of the
Alaska Statutes.
‘‘(2) The Secretary shall transfer any appropriations
received under paragraph (1) to the State of Alaska for
the benefit of rural and Native villages in Alaska for obli-
gation under section 303 of Public Law 104–182, except
that subsection (b) of that section shall not apply to those
funds.
‘‘(3) In order to be eligible to receive financial assist-
ance under this subsection, not later than 180 days after
193
the date of enactment of this paragraph, each of the Cities
of St. Paul and St. George shall enter into a written agree-
ment with the State of Alaska under which such City shall
identify by its legal boundaries the tract or tracts of land
that such City has selected as the site for its solid waste
management facility and any supporting infrastructure.
‘‘(c) There are authorized to be appropriated to the
Secretary for fiscal years 2001, 2002, 2003, 2004, and
2005—
‘‘(1) for assistance under subsection (a) a total
not to exceed—
‘‘(A) $9,000,000, for grants to the City of
St. Paul;
‘‘(B) $6,300,000, for grants to the
Tanadgusix Corporation;
‘‘(C) $1,500,000, for grants to the St.
Paul Tribal Council;
‘‘(D) $6,000,000, for grants to the City of
St. George;
‘‘(E) $4,200,000, for grants to the St.
George Tanaq Corporation; and
‘‘(F) $1,000,000, for grants to the St.
George Tribal Council; and
194
‘‘(2) for assistance under subsection (b), for fis-
cal years 2001, 2002, 2003, 2004, and 2005 a total
not to exceed—
‘‘(A) $6,500,000 for the City of St. Paul;
and
‘‘(B) $3,500,000 for the City of St.
George.
‘‘(d) None of the funds authorized by this section
may be available for any activity a purpose of which is
to influence legislation pending before the Congress, ex-
cept that this subsection shall not prevent officers or em-
ployees of the United States or of its departments, agen-
cies, or commissions from communicating to Members of
Congress, through proper channels, requests for legisla-
tion or appropriations that they consider necessary for the
efficient conduct of public business.
‘‘(e) Neither the United States nor any of its agen-
cies, officers, or employees shall have any liability under
this Act or any other law associated with or resulting from
the designing, locating, contracting for, redeveloping, per-
mitting, certifying, operating, or maintaining any solid
waste management facility on the Pribilof Islands as a
consequence of—
‘‘(1) having provided assistance to the State of
Alaska under subsection (b); or
195
‘‘(2) providing funds for, or planning, con-
structing, or operating, any interim solid waste man-
agement facilities that may be required by the State
of Alaska before permanent solid waste management
facilities constructed with assistance provided under
subsection (b) are complete and operational.
‘‘(f ) Each entity which receives assistance authorized
under subsection (c) shall submit an audited statement
listing the expenditure of that assistance to the Committee
on Appropriations and the Committee on Resources of the
House of Representatives and the Committee on Appro-
priations and the Committee on Commerce, Science, and
Transportation of the Senate, on the last day of fiscal
years 2002, 2004, and 2006.
‘‘(g) Amounts authorized under subsection (c) are in-
tended by Congress to be provided in addition to the base
funding appropriated to the National Oceanic and Atmos-
pheric Administration in fiscal year 2000.’’.
(4) Section 205 of the Fur Seal Act of 1966 (16
U.S.C. 1165) is amended—
(A) by amending subsection (c) to read as fol-
lows:
‘‘(c) Not later than 3 months after the date of the
enactment of the Pribilof Islands Transition Act, the Sec-
retary shall submit to the Committee on Commerce,
196
Science, and Transportation of the Senate and the Com-
mittee on Resources of the House of Representatives a re-
port that includes—
‘‘(1) a description of all property specified in
the document referred to in subsection (a) that has
been conveyed under that subsection;
‘‘(2) a description of all Federal property speci-
fied in the document referred to in subsection (a)
that is going to be conveyed under that subsection;
and
‘‘(3) an identification of all Federal property on
the Pribilof Islands that will be retained by the Fed-
eral Government to meet its responsibilities under
this Act, the Convention, and any other applicable
law.’’; and
(B) by striking subsection (g).
(5)(A)(i) The Secretary of Commerce shall not be
considered to have any obligation to promote or otherwise
provide for the development of any form of an economy
not dependent on sealing on the Pribilof Islands, Alaska,
including any obligation under section 206 of the Fur Seal
Act of 1966 (16 U.S.C. 1166) or section 3(c)(1)(A) of
Public Law 104–91 (16 U.S.C. 1165 note).
(ii) This subparagraph shall not affect any cause of
action under section 206 of the Fur Seal Act of 1966 (16
197
U.S.C. 1166) or section 3(c)(1)(A) of Public Law 104–
91 (16 U.S.C. 1165 note)—
(I) that arose before the date of the enactment
of this title; and
(II) for which a judicial action is filed before
the expiration of the 5-year period beginning on the
date of the enactment of this title.
(iii) Nothing in this subsection shall be construed to
imply that—
(I) any obligation to promote or otherwise pro-
vide for the development in the Pribilof Islands of
any form of an economy not dependent on sealing
was or was not established by section 206 of the Fur
Seal Act of 1966 (16 U.S.C. 1166), section
3(c)(1)(A) of Public Law 104–91 (16 U.S.C. 1165
note), or any other provision of law; or
(II) any cause of action could or could not arise
with respect to such an obligation.
(iv) Section 3(c)(1) of Public Law 104–91 (16 U.S.C.
1165 note) is amended by striking subparagraph (A) and
redesignating subparagraphs (B) through (D) in order as
subparagraphs (A) through (C).
(B)(i) Subject to paragraph (5)(B)(ii), there are ter-
minated all obligations of the Secretary of Commerce and
the United States to—
198
(I) convey property under section 205 of the
Fur Seal Act of 1966 (16 U.S.C. 1165); and
(II) carry out cleanup activities, including as-
sessment, response, remediation, and monitoring, ex-
cept for postremedial measures such as monitoring
and operation and maintenance activities related to
National Oceanic and Atmospheric Administration
administration of the Pribilof Islands, Alaska, under
section 3 of Public Law 104–91 (16 U.S.C. 1165
note) and the Pribilof Islands Environmental Res-
toration Agreement between the National Oceanic
and Atmospheric Administration and the State of
Alaska, signed January 26, 1996.
(ii) Paragraph (5)(B)(i) shall apply on and after the
date on which the Secretary of Commerce certifies that—
(I) the State of Alaska has provided written
confirmation that no further corrective action is re-
quired at the sites and operable units covered by the
Pribilof Islands Environmental Restoration Agree-
ment between the National Oceanic and Atmospheric
Administration and the State of Alaska, signed Jan-
uary 26, 1996, with the exception of postremedial
measures, such as monitoring and operation and
maintenance activities;
199
(II) the cleanup required under section 3(a) of
Public Law 104–91 (16 U.S.C. 1165 note) is com-
plete;
(III) the properties specified in the document
referred to in subsection (a) of section 205 of the
Fur Seal Act of 1966 (16 U.S.C. 1165(a)) can be
unconditionally offered for conveyance under that
section; and
(IV) all amounts appropriated under section
206(c)(1) of the Fur Seal Act of 1966, as amended
by this title, have been obligated.
(iii)(I) On and after the date on which section 3(b)(5)
of Public Law 104–91 (16 U.S.C. 1165 note) is repealed
pursuant to subparagraph (C), the Secretary of Commerce
may not seek or require financial contribution by or from
any local governmental entity of the Pribilof Islands, any
official of such an entity, or the owner of land on the
Pribilof Islands, for cleanup costs incurred pursuant to
section 3(a) of Public Law 104–91 (as in effect before
such repeal), except as provided in subparagraph
(B)(iii)(II).
(II) Subparagraph (B)(iii)(I) shall not limit the
authority of the Secretary of Commerce to seek or
require financial contribution from any person for
costs or fees to clean up any matter that was caused
200
or contributed to by such person on or after March
15, 2000.
(iv) For purposes of paragraph (2)(C), the following
requirements shall not be considered to be conditions on
conveyance of property:
(I) Any requirement that a potential transferee
must allow the National Oceanic and Atmospheric
Administration continued access to the property to
conduct environmental monitoring following remedi-
ation activities.
(II) Any requirement that a potential transferee
must allow the National Oceanic and Atmospheric
Administration access to the property to continue
the operation, and eventual closure, of treatment fa-
cilities.
(III) Any requirement that a potential trans-
feree must comply with institutional controls to en-
sure that an environmental cleanup remains protec-
tive of human health or the environment that do not
unreasonably affect the use of the property.
(IV) Valid existing rights in the property, in-
cluding rights granted by contract, permit, right-of-
way, or easement.
(V) The terms of the documents described in
subparagraph (D)(ii).
201
(C) Effective on the date on which the Secretary of
Commerce makes the certification described in subpara-
graph (b)(2), the following provisions are repealed:
(i) Section 205 of the Fur Seal Act of 1966 (16
U.S.C. 1165).
(ii) Section 3 of Public Law 104–91 (16 U.S.C.
1165 note).
(D)(i) Nothing in this subsection shall affect any obli-
gation of the Secretary of Commerce, or of any Federal
department or agency, under or with respect to any docu-
ment described in subparagraph (D)(ii) or with respect to
any lands subject to such a document.
(ii) The documents referred to in subparagraph
(D)(i) are the following:
(I) The Transfer of Property on the Pribilof Is-
lands: Description, Terms, and Conditions, dated
February 10, 1984, between the Secretary of Com-
merce and various Pribilof Island entities.
(II) 
The 
Settlement 
Agreement 
between
Tanadgusix Corporation and the City of St. Paul,
dated January 11, 1988, and approved by the Sec-
retary of Commerce on February 23, 1988.
(III) The Memorandum of Understanding be-
tween Tanadgusix Corporation, Tanaq Corporation,
202
and the Secretary of Commerce, dated December 22,
1976.
(E)(i) Except as provided in subparagraph (E)(ii),
the definitions set forth in section 101 of the Fur Seal
Act of 1966 (16 U.S.C. 1151) shall apply to this para-
graph.
(ii) For purposes of this paragraph, the term ‘‘Na-
tives of the Pribilof Islands’’ includes the Tanadgusix Cor-
poration, the St. George Tanaq Corporation, and the city
governments and tribal councils of St. Paul and St.
George, Alaska.
(6)(A) Section 3 of Public Law 104–91 (16 U.S.C.
1165 note) and the Fur Seal Act of 1966 (16 U.S.C. 1151
et seq.) are amended by—
(i) striking ‘‘(d)’’ and all that follows through
the heading for subsection (d) of section 3 of Public
Law 104–91 and inserting ‘‘SEC. 212.’’; and
(ii) moving and redesignating such subsection
so as to appear as section 212 of the Fur Seal Act
of 1966.
(B) Section 201 of the Fur Seal Act of 1966 (16
U.S.C. 1161) is amended by striking ‘‘on such Islands’’
and insert ‘‘on such property’’.
(C) The Fur Seal Act of 1966 (16 U.S.C. 1151 et
seq.) is amended by inserting before title I the following:
203
‘‘SECTION 1. This Act may be cited as the ‘Fur Seal
Act of 1966’.’’.
(7) Section 3 of Public Law 104–91 (16 U.S.C. 1165
note) is amended—
(A) by striking subsection (f ) and inserting the
following:
‘‘(f )(1) There are authorized to be appropriated
$10,000,000 for each of fiscal years 2001, 2002, 2003,
2004, and 2005 for the purposes of carrying out this sec-
tion.
‘‘(2) None of the funds authorized by this subsection
may be expended for the purpose of cleaning up or remedi-
ating any landfills, wastes, dumps, debris, storage tanks,
property, hazardous or unsafe conditions, or contami-
nants, including petroleum products and their derivatives,
left by the Department of Defense or any of its compo-
nents on lands on the Pribilof Islands, Alaska.’’; and
(B) by adding at the end the following:
‘‘(g)(1) Of amounts authorized under subsection (f )
for each of fiscal years 2001, 2002, 2003, 2004, and 2005,
the Secretary may provide to the State of Alaska up to
$2,000,000 per fiscal year to capitalize a revolving fund
to be used by the State for loans under this subsection.
‘‘(2) The Secretary shall require that any revolving
fund established with amounts provided under this sub-
204
section shall be used only to provide low-interest loans to
Natives of the Pribilof Islands to assess, respond to, reme-
diate, and monitor contamination from lead paint, asbes-
tos, and petroleum from underground storage tanks.
‘‘(3) The definitions set forth in section 101 of the
Fur Seal Act of 1966 (16 U.S.C. 1151) shall apply to this
section, except that the term ‘Natives of the Pribilof Is-
lands’ includes the Tanadgusix and Tanaq Corporations.
‘‘(4) Before the Secretary may provide any funds to
the State of Alaska under this section, the State of Alaska
and the Secretary must agree in writing that, on the last
day of fiscal year 2011, and of each fiscal year thereafter
until the full amount provided to the State of Alaska by
the Secretary under this section has been repaid to the
United States, the State of Alaska shall transfer to the
Treasury of the United States monies remaining in the
revolving fund, including principal and interest paid into
the revolving fund as repayment of loans.’’.
(f )(1) The President, after consultation with the
Governor of the State of Hawaii, may designate any
Northwestern Hawaiian Islands coral reef or coral reef
ecosystem as a coral reef reserve to be managed by the
Secretary of Commerce.
(2) Upon the designation of a reserve under para-
graph (1) by the President, the Secretary shall—
205
(A) take action to initiate the designation of the
reserve as a National Marine Sanctuary under sec-
tions 303 and 304 of the National Marine Sanc-
tuaries Act (16 U.S.C. 1433);
(B) establish a Northwestern Hawaiian Islands
Reserve Advisory Council under section 315 of that
Act (16 U.S.C. 1445a), the membership of which
shall include at least one representative from Native
Hawaiian groups; and
(C) until the reserve is designated as a National
Marine Sanctuary, manage the reserve in a manner
consistent with the purposes and policies of that Act.
(3) Notwithstanding any other provision of law, no
closure areas around the Northwestern Hawaiian Islands
shall become permanent without adequate review and com-
ment.
(4) The Secretary shall work with other Federal
agencies and the Director of the National Science Founda-
tion, to develop a coordinated plan to make vessels and
other resources available for conservation or research ac-
tivities for the reserve.
(5) If the Secretary has not designated a national
marine sanctuary in the Northwestern Hawaiian Islands
under sections 303 and 304 of the National Marine Sanc-
tuaries Act (16 U.S.C. 1433, 1434) before October 1,
206
2005, the Secretary shall conduct a review of the manage-
ment of the reserve under section 304(e) of that Act (16
U.S.C. 1434(e)).
(6) No later than 6 months after the date of enact-
ment of this Act, the Secretary shall submit a report to
the Senate Committee on Commerce, Science, and Trans-
portation and the House of Representatives Committee on
Resources, describing actions taken to implement this sub-
section, including costs of monitoring, enforcing, and ad-
dressing marine debris, and the extent to which the fiscal
or other resources necessary to carry out this subsection
are reflected in the Budget of the United States Govern-
ment submitted by the President under section 1104 of
title 31, United States Code.
(7) There are authorized to be appropriated to the
Secretary of Commerce to carry out the provisions of this
subsection such sums, not exceeding $4,000,000 for each
of fiscal years 2001, 2002, 2003, 2004, and 2005, as are
reported under paragraph (5) to be reflected in the Budget
of the United States Government.
(g) Section 111(b)(1) of the Sustainable Fisheries
Act (16 U.S.C. 1855 nt) is amended by striking the last
sentence and inserting, ‘‘There are authorized to be appro-
priated to carry out this subsection $500,000 for each fis-
cal year.’’.
207
SEC. 145. (a) Section 4(b)(1) of the Department of
State Special Agents Retirement Act of 1998 (22 U.S.C.
4044 note; Public Law 105–382; 112 Stat. 3409) is
amended by inserting ‘‘or participant who was serving as
of January 1, 1997’’ after ‘‘employed participant’’.
(b) The amendment made by this section shall take
effect on January 1, 2001.
SEC. 146. (a) Congress makes the following findings:
(1) Total steel imports in 2000 will be over 21⁄2
times higher than in 1991, continuing the alarming
trend of sharply increasing steel imports over the
past decade.
(2) Unprecedented levels of steel imports flood-
ed the United States market in 1998 and 1999,
causing a crisis in which thousands of steelworkers
were laid off and six steel companies went bankrupt.
(3) The domestic steel industry still has not
had an opportunity to recover from the 1998–1999
steel import crisis, and steel imports are again caus-
ing serious injury to United States steel producers
and workers.
(4) Total steel imports through August 2000
are 17 percent higher than over the same period in
1999 and greater even than imports over the same
period in 1998, a record year.
208
(5) Steel prices continue to be depressed, with
hot-rolled steel prices 12 percent lower in August
2000 than in the first quarter of 1998, and average
import customs values for all steel products more
than 15 percent lower over the same period.
(6) The United States Government must main-
tain and fully enforce all existing relief against for-
eign unfair trade.
(7) The United States steel industry is a clean,
highly efficient industry having modernized itself at
great human and financial cost, shedding over
330,000 
jobs 
and 
investing 
more 
than
$50,000,000,000 over the last 20 years.
(8) Capacity utilization in the United States
steel industry has fallen sharply since the beginning
of the year and the market capitalization and debt
ratings of the major United States steel firms are at
precarious levels.
(9) The Department of Commerce recently doc-
umented the underlying market-distorting practices
and longstanding structural problems that plague
the global steel trade with excess capacity and cause
diversion of unfairly traded foreign steel to the
United States.
209
(10) The President recognized that unfair trade
played a significant role in the devastating import
surge of steel and recognized the need to vigorously
enforce the trade laws.
(b) Congress calls upon the President—
(1) to take all appropriate action within his
power to provide relief from injury caused by steel
imports; and
(2) to immediately request the United States
International Trade Commission to commence an ex-
pedited investigation for positive adjustment under
section 201 of the Trade Act of 1974 of such steel
imports.
SEC. 147. Section 5(b)(1) of the Act of January 2,
1951 (15 U.S.C. 1175(b)(1); popularly known as the
‘‘Johnson Act’’) is amended by inserting ‘‘for a voyage or
a segment of a voyage that begins and ends in the State
of Hawaii, or’’ after ‘‘Except’’.
SEC. 148. (a) Section 312(a)(7) of the Communica-
tions Act of 1934 (47 U.S.C. 312(a)(7)) is amended by
inserting ‘‘, other than a non-commercial educational
broadcast station,’’ after ‘‘use of a broadcasting station’’.
(b) The Federal Communications Commission shall
take no action against any non-commercial educational
210
broadcast station which declines to carry a political adver-
tisement.
SEC. 149. The Small Business Innovation Research
program, otherwise expiring at the end of fiscal year 2000,
is authorized to continue in effect during fiscal year 2001.
SEC. 150. There is hereby appropriated for payment
to the Ricky Ray Hemophilia Relief Fund, as provided by
Public Law 105–369, $105,000,000, of which notwith-
standing any other provision of law $10,000,000 shall be
for program management of the Health Resources and
Services Administration, to remain available until ex-
pended.
SEC. 151. (a) There is hereby appropriated to a sepa-
rate account to be established in the Department of Labor
for expenses of administering the Energy Employees Oc-
cupational Illness Compensation Act, $60,400,000, to re-
main available until expended: Provided, That the Sec-
retary of Labor is authorized to transfer to any Executive
agency with authority under the Energy Employees Occu-
pational Illness Compensation Act, such sums as may be
necessary in FY 2001 to carry out those authorities.
(b) For purposes of the Balanced Budget and Emer-
gency Deficit Control Act of 1985, amounts appropriated
under subsection (a) shall be direct spending: Provided,
211
That amounts appropriated annually thereafter for such
administrative expenses shall be direct spending.
SEC. 152. TREATMENT OF CERTAIN CANCER HOS-
PITALS. (a) IN GENERAL.—Section 1886(d)(1)(B)(v) of
the Social Security Act (42 U.S.C. 1395ww(d)(1)(B)(v))
is amended—
(1) in subclause (I) by striking ‘‘or’’ at the end;
(2) in subclause (II) by striking the semicolon
at the end and inserting ‘‘, or’’; and
(3) by adding at the end the following:
‘‘(III) a hospital that was recognized as a clin-
ical cancer research center by the National Cancer
Institute of the National Institutes of Health as of
February 18, 1998, that has never been reimbursed
for inpatient hospital services pursuant to a reim-
bursement system under a demonstration project
under section 1814(b), that is a freestanding facility
organized primarily for treatment of and research on
cancer and is not a unit of another hospital, that as
of the date of the enactment of this subclause, is li-
censed for 162 acute care beds, and that dem-
onstrates for the 4-year period ending on June 30,
1999, that at least 50 percent of its total discharges
have a principal finding of neoplastic disease, as de-
fined in subparagraph (E);’’ and
212
(b) 
CONFORMING
AMENDMENT.—Section
1886(d)(1)(E) of the Social Security Act (42 U.S.C.
1395ww(d)(1)(E)) is amended by striking ‘‘For purposes
of subparagraph (B)(v)(II)’’ and inserting ‘‘For purposes
of subclauses (II) and (III) of subparagraph (B)(v)’’.
(c) PAYMENT.—
(1) APPLICATION
TO
COST
REPORTING
PERI-
ODS.—Any classification by reason of section
1886(d)(1)(B)(v)(III) of the Social Security Act (as
added by subsection (a)) shall apply to 12-month
cost reporting periods beginning on or after July 1,
1999.
(2) BASE
YEAR.—Notwithstanding the provi-
sions of section 1886(b)(3)(E) of such Act (42
U.S.C. 1395ww(b)(3)(E)) or other provisions to the
contrary, the base cost reporting period for purposes
of determining the target amount for any hospital
classified by reason of section 1886(d)(1)(B)(v)(III)
of such Act (as added by subsection (a)) shall be the
12-month cost reporting period beginning on July 1,
1995.
(3) DEADLINE FOR PAYMENTS.—Any payments
owed to a hospital by reason of this subsection shall
be made expeditiously, but in no event later than 1
year after the date of the enactment of this Act.
213
SEC. 153. (a) Section 4(2) of the Delta Development
Act (42 U.S.C. 3121 note; Public Law 100–460) is
amended—
(1) by inserting ‘‘Alabama,’’ before ‘‘Arkansas’’;
(2) in paragraph (G), by striking ‘‘and’’ at the
end;
(3) in paragraph (H)—
(A) by striking ‘‘and’’ before ‘‘such’’; and
(B) by inserting ‘‘and’’ after the semicolon
at the end; and
(4) by adding at the end the following:
‘‘(I) the Alabama counties of Pickens,
Greene, Sumter, Choctaw, Clarke, Washington,
Marengo, Hale, Perry, Wilcox, Lowndes, Bul-
lock, Macon, Barbour, Russell, and Dallas;’’;
(b) At the end of section 382A of ‘‘The Delta Re-
gional Authority Act of 2000’’ as incorporated in this Act,
insert the following:
‘‘(4) Notwithstanding any other provision of
law, the State of Alabama shall be a full member of
the Delta Regional Authority and shall be entitled to
all rights and privileges that said membership af-
fords to all other participating States in the Delta
Regional Authority.’’.
214
SEC. 154. NORTHERN WISCONSIN.
(a) DEFINITION OF NORTHERN WISCONSIN.—In this
section, the term ‘‘northern Wisconsin’’ means the coun-
ties of Douglas, Ashland, Bayfield, and Iron, Wisconsin.
(b) ESTABLISHMENT OF PROGRAM.—The Secretary
of the Army may establish a pilot program to provide envi-
ronmental assistance to non-Federal interests in northern
Wisconsin.
(c) FORM OF ASSISTANCE.—Assistance under this
section may be in the form of design and reconstruction
assistance or water-related environmental infrastructure
and resource protection and development projects in
northern Wisconsin, including projects for wastewater
treatment and related facilities, water supply and related
facilities, environmental restoration, and surface water re-
source protection and development.
(d) PUBLIC OWNERSHIP REQUIREMENT.—The Sec-
retary may provide assistance for a project under this sec-
tion only if the project is publicly owned.
(e) LOCAL COOPERATION AGREEMENT.—
(1) IN GENERAL.—Before providing assistance
under this section, the Secretary shall enter into a
local cooperation agreement with a non-Federal in-
terest to provide for design and construction of the
project to be carried out with the assistance.
215
(2) REQUIREMENTS.—Each local cooperation
agreement entered into under this subsection shall
provide for the following:
(A) PLAN.—Development by the Secretary,
in consultation with appropriate Federal and
State officials, of a facilities or restructure pro-
tection and development plan, including appro-
priate engineering plans and specifications.
(B) LEGAL
AND INSTITUTIONAL STRUC-
TURES.—Establishment of such legal and insti-
tutional structures as are necessary to ensure
the effective long-term operation of the project
by the non-Federal interest.
(3) COST SHARING.—
(A) IN GENERAL.—The Federal share of
project costs under each local cooperation
agreement entered into under this subsection
shall be 75 percent. The Federal share may be
in the form of grants or reimbursements of
project costs.
(B) CREDIT
FOR
DESIGN
WORK.—The
non-Federal interest shall receive credit for the
reasonable costs of design work completed by
the non-Federal interest before entering into a
local cooperation agreement with the Secretary
216
for a project. The credit for the design work
shall not exceed 6 percent of the local construc-
tion costs of the project.
(C) CREDIT FOR INTEREST.—In case of a
delay in the funding of the non-Federal share
of the costs of a project that is the subject of
an agreement under this subsection, the non-
Federal interest shall receive credit for reason-
able interest incurred in providing the non-Fed-
eral share of the project’s costs.
(D) LAND, EASEMENTS, AND RIGHTS-OF-
WAY CREDIT.—The non-Federal interest shall
receive credit for land, easements, rights-of-
way, and reductions toward the non-Federal
share of project costs (including all reasonable
costs associated with obtaining permits nec-
essary for the construction, operation, and
maintenance of the project on publicly owned or
controlled land), but not to exceed 25 percent
of the total project costs.
(E) OPERATION AND MAINTENANCE.—The
non-Federal share of operation and mainte-
nance costs for projects constructed with assist-
ance provided under this section shall be 100
percent.
217
(f ) APPLICABILITY OF OTHER FEDERAL AND STATE
LAWS.—Nothing in this section waives, limits, or other-
wise affects the applicability of any provision of Federal
or State law that would otherwise apply to a project to
be carried out with assistance provided under this section.
(g) REPORT.—Not later than December 31, 2001,
the Secretary shall transmit to Congress a report on the
results of the pilot program carried out under this section,
including recommendations concerning whether the pro-
gram should be implemented on a national basis.
(h) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section
$40,000,000. Such sums shall remain available until ex-
pended.
TITLE II—VIETNAM EDUCATION FOUNDATION
ACT OF 2000
SEC. 201. SHORT TITLE.
This title may be cited as the ‘‘Vietnam Education
Foundation Act of 2000’’.
SEC. 202. PURPOSES.
The purposes of this title are the following:
(1) To establish an international fellowship pro-
gram under which—
(A) Vietnamese nationals can undertake
graduate and post-graduate level studies in the
218
sciences (natural, physical, and environmental),
mathematics, medicine, and technology (includ-
ing information technology); and
(B) United States citizens can teach in the
fields specified in subparagraph (A) in appro-
priate Vietnamese institutions.
(2) To further the process of reconciliation be-
tween the United States and Vietnam and the build-
ing of a bilateral relationship serving the interests of
both countries.
SEC. 203. DEFINITIONS.
In this title:
(1) BOARD.—The term ‘‘Board’’ means the
Board of Directors of the Foundation.
(2) FOUNDATION.—The term ‘‘Foundation’’
means the Vietnam Education Foundation estab-
lished in section 204.
(3) INSTITUTION OF HIGHER EDUCATION.—The
term ‘‘institution of higher education’’ has the
meaning given the term in section 101(a) of the
Higher Education Act of 1965 (20 U.S.C. 1001(a)).
(4) UNITED
STATES-VIETNAM
DEBT
AGREE-
MENT.—The term ‘‘United States-Vietnam debt
agreement’’ means the Agreement Between the Gov-
ernment of the United States of America and the
219
Government of the Socialist Republic of Vietnam Re-
garding the Consolidation and Rescheduling of Cer-
tain Debts Owed to, Guaranteed by, or Insured by
the United States Government and the Agency for
International Development, dated April 7, 1997.
SEC. 204. ESTABLISHMENT.
There is established the Vietnam Education Founda-
tion as an independent establishment of the executive
branch under section 104 of title 5, United States Code.
SEC. 205. BOARD OF DIRECTORS.
(a) IN GENERAL.—The Foundation shall be subject
to the supervision and direction of the Board of Directors,
which shall consist of 13 members, as follows:
(1) Two members of the House of Representa-
tives appointed by the Speaker of the House of Rep-
resentatives, one of whom shall be appointed upon
the recommendation of the Majority Leader and one
of whom shall be appointed upon the recommenda-
tion of the Minority Leader, and who shall serve as
ex officio, nonvoting members.
(2) Two members of the Senate, appointed by
the President pro tempore, one of whom shall be ap-
pointed upon the recommendation of the Majority
Leader and one of whom shall be appointed upon
220
the recommendation of the Minority Leader, and
who shall serve as ex officio, nonvoting members.
(3) Secretary of State.
(4) Secretary of Education.
(5) Secretary of Treasury.
(6) Six members to be appointed by the Presi-
dent from among individuals in the nongovernmental
sector who have academic excellence or experience in
the fields of concentration specified in section
202(1)(A) or a general knowledge of Vietnam, not
less than three of whom shall be drawn from aca-
demic life.
(b) ROTATION OF MEMBERSHIP.—(1) The term of
office of each member appointed under subsection (a)(6)
shall be 3 years, except that of the members initially ap-
pointed under that subsection, two shall serve for terms
of 1 year, two shall serve for terms of 2 years, and two
shall serve for terms of 3 years.
(2) A member of Congress appointed under sub-
section (a)(1) or (2) shall not serve as a member of the
Board for more than a total of 6 years.
(c) CHAIR.—The Board shall elect one of the mem-
bers appointed under subsection (a)(6) to serve as Chair.
(d) MEETINGS.—The Board shall meet upon the call
of the Chair but not less frequently than twice each year.
221
A majority of the voting members of the Board shall con-
stitute a quorum.
(e) DUTIES.—The Board shall—
(1) select the individuals who will be eligible to
serve as Fellows; and
(2) provide overall supervision and direction of
the Foundation.
(f ) COMPENSATION.—
(1) IN GENERAL.—Except as provided in para-
graph (2), each member of the Board shall serve
without compensation, and members who are officers
or employees of the United States shall serve with-
out compensation in addition to that received for
their services as officers or employees of the United
States.
(2) TRAVEL EXPENSES.—The members of the
Board shall be allowed travel expenses, including per
diem in lieu of subsistence, at rates authorized for
employees of agencies under subchapter I of chapter
57 of title 5, United States Code, while away from
their homes or regular places of business in the per-
formance of service for the Board.
SEC. 206. FELLOWSHIP PROGRAM.
(a) AWARD OF FELLOWSHIPS.—
222
(1) IN GENERAL.—To carry out the purposes of
this title, the Foundation shall award fellowships
to—
(A) Vietnamese nationals to study at insti-
tutions of higher education in the United States
at graduate and post-graduate levels in the fol-
lowing fields: physical sciences, natural sciences,
mathematics, environmental sciences, medicine,
technology, and computer sciences; and
(B) United States citizens to teach in Viet-
nam in appropriate Vietnamese institutions in
the fields of study described in subparagraph
(A).
(2) SPECIAL
EMPHASIS
ON
SCIENTIFIC
AND
TECHNICAL VOCABULARY IN ENGLISH.—Fellowships
awarded under paragraph (1) may include funding
for the study of scientific and technical vocabulary
in English.
(b) CRITERIA FOR SELECTION.—Fellowships under
this title shall be awarded to persons who meet the min-
imum criteria established by the Foundation, including the
following:
(1) VIETNAMESE NATIONALS.—Vietnamese can-
didates for fellowships shall have basic English pro-
ficiency and must have the ability to meet the cri-
223
teria for admission into graduate or post-graduate
programs in United States institutions of higher
learning.
(2) UNITED
STATES
CITIZEN
TEACHERS.—
American teaching candidates shall be highly com-
petent in their fields and be experienced and pro-
ficient teachers.
(c) IMPLEMENTATION.—The Foundation may pro-
vide, directly or by contract, for the conduct of nationwide
competition for the purpose of selecting recipients of fel-
lowships awarded under this section.
(d) AUTHORITY TO AWARD FELLOWSHIPS
ON
A
MATCHING BASIS.—The Foundation may require, as a
condition of the availability of funds for the award of a
fellowship under this title, that an institution of higher
education make available funds for such fellowship on a
matching basis.
(e) FELLOWSHIP CONDITIONS.—A person awarded a
fellowship under this title may receive payments author-
ized under this title only during such periods as the Foun-
dation finds that the person is maintaining satisfactory
proficiency and devoting full time to study or teaching,
as appropriate, and is not engaging in gainful employment
other than employment approved by the Foundation pur-
suant to regulations of the Board.
224
(f ) FUNDING.—
(1) FISCAL YEAR 2001.—
(A) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There are authorized to be appro-
priated to the Foundation $5,000,000 for fiscal
year 2001 to carry out the activities of the
Foundation.
(B) AVAILABILITY
OF
FUNDS.—Amounts
appropriated pursuant to subparagraph (A) are
authorized to remain available until expended.
(2) FISCAL YEAR 2002 AND SUBSEQUENT FIS-
CAL YEARS.—Effective October 1, 2001, the Foun-
dation shall utilize funds transferred to the Founda-
tion under section 207.
SEC. 207. VIETNAM DEBT REPAYMENT FUND.
(a) ESTABLISHMENT.—Notwithstanding any other
provision of law, there is established in the Treasury a
separate account which shall be known as the Vietnam
Debt Repayment Fund (in this subsection referred to as
the ‘‘Fund’’).
(b) DEPOSITS.—There shall be deposited as offset-
ting receipts into the Fund all payments (including inter-
est payments) made by the Socialist Republic of Vietnam
under the United States-Vietnam debt agreement.
(c) AVAILABILITY OF THE FUNDS.—
225
(1) FISCAL YEAR LIMITATION.—Beginning with
fiscal year 2002, and each subsequent fiscal year
through fiscal year 2018, $5,000,000 of the amounts
deposited into the Fund (or accrued interest) each
fiscal year shall be available to the Foundation,
without fiscal year limitation, under paragraph (2).
(2) DISBURSEMENT OF FUNDS.—The Secretary
of the Treasury, at least on a quarterly basis, shall
transfer to the Foundation amounts allotted to the
Foundation under paragraph (1) for the purpose of
carrying out its activities.
(3) TRANSFER
OF
EXCESS
FUNDS
TO
MIS-
CELLANEOUS RECEIPTS.—Beginning with fiscal year
2002, and each subsequent fiscal year through fiscal
year 2018, the Secretary of the Treasury shall with-
draw from the Fund and deposit in the Treasury of
the United States as miscellaneous receipts all mon-
eys in the Fund in excess of amounts made available
to the Foundation under paragraph (1).
(d) ANNUAL REPORT.—The Board shall prepare and
submit annually to Congress statements of financial condi-
tion of the Fund, including the beginning balance, re-
ceipts, refunds to appropriations, transfers to the general
fund, and the ending balance.
226
SEC. 208. FOUNDATION PERSONNEL MATTERS.
(a) APPOINTMENT BY BOARD.—There shall be an
Executive Secretary of the Foundation who shall be ap-
pointed by the Board without regard to the provisions of
title 5, United States Code, or any regulation thereunder,
governing appointment in the competitive service. The Ex-
ecutive Director shall be the Chief Executive Officer of
the Foundation and shall carry out the functions of the
Foundation subject to the supervision and direction of the
Board. The Executive Director shall carry out such other
functions consistent with the provisions of this title as the
Board shall prescribe. The decision to employ or terminate
an Executive Director shall be made by an affirmative vote
of at least six of the nine voting members of the Board.
(b) PROFESSIONAL STAFF.—The Executive Director
shall hire Foundation staff on the basis of professional
and nonpartisan qualifications.
(c) EXPERTS AND CONSULTANTS.—The Executive
Director may procure temporary and intermittent services
of experts and consultants as are necessary to the extent
authorized by section 3109 of title 5, United States Code
to carry out the purposes of the Foundation.
(d) COMPENSATION.—The Board may fix the com-
pensation of the Executive Director and other personnel
without regard to the provisions of chapter 51 and sub-
chapter III of chapter 53 of title V, United States Code,
227
relating to classification of positions and General Schedule
pay rates, except that the rate of pay for the Executive
Director and other personnel may not exceed the rate pay-
able for level V of the Executive Schedule under section
5316 of such title.
SEC. 209. ADMINISTRATIVE PROVISIONS.
(a) IN GENERAL.—In order to carry out this title,
the Foundation may—
(1) prescribe such regulations as it considers
necessary governing the manner in which its func-
tions shall be carried out;
(2) receive money and other property donated,
bequeathed, or devised, without condition or restric-
tion other than it be used for the purposes of the
Foundation, and to use, sell, or otherwise dispose of
such property for the purpose of carrying out its
functions;
(3) accept and use the services of voluntary and
noncompensated personnel;
(4) enter into contracts or other arrangements,
or make grants, to carry out the provisions of this
title, and enter into such contracts or other arrange-
ments, or make such grants, with the concurrence of
a majority of the members of the Board, without
228
performance or other bonds and without regard to
section 3709 of the Revised Statutes (41 U.S.C. 5);
(5) rent office space in the District of Colum-
bia; and
(6) make other necessary expenditures.
(b) ANNUAL REPORT.—The Foundation shall submit
to the President and to the Committee on Foreign Rela-
tions of the Senate and the Committee on International
Relations of the House of Representatives an annual re-
port of its operations under this title.
SEC. 210. TERMINATION.
(a) IN GENERAL.—The Foundation may not award
any new fellowship, or extend any existing fellowship, after
September 30, 2016.
(b) ABOLISHMENT.—Effective 120 days after the ex-
piration of the last fellowship in effect under this title,
the Foundation is abolished.
TITLE III—COLORADO UTE SETTLEMENT ACT
AMENDMENTS OF 2000
SEC. 301. SHORT TITLE; FINDINGS; DEFINITIONS.
(a) SHORT TITLE.—This title may be cited as the
‘‘Colorado Ute Settlement Act Amendments of 2000’’.
(b) FINDINGS.—Congress makes the following find-
ings:
229
(1) In order to provide for a full and final set-
tlement of the claims of the Colorado Ute Indian
Tribes on the Animas and La Plata Rivers, the
Tribes, the State of Colorado, and certain of the
non-Indian parties to the Agreement have proposed
certain modifications to the Colorado Ute Indian
Water Rights Settlement Act of 1988 (Public Law
100–585; 102 Stat. 2973).
(2) The claims of the Colorado Ute Indian
Tribes on all rivers in Colorado other than the
Animas and La Plata Rivers have been settled in ac-
cordance with the provisions of the Colorado Ute In-
dian Water Rights Settlement Act of 1988 (Public
Law 100–585; 102 Stat. 2973).
(3) The Indian and non-Indian communities of
southwest Colorado and northwest New Mexico will
be benefited by a settlement of the tribal claims on
the Animas and La Plata Rivers that provides the
Tribes with a firm water supply without taking
water away from existing uses.
(4) The Agreement contemplated a specific
timetable for the delivery of irrigation and municipal
and industrial water and other benefits to the Tribes
from the Animas-La Plata Project, which timetable
has not been met. The provision of irrigation water
230
can not presently be satisfied under the current im-
plementation of the Federal Water Pollution Control
Act (33 U.S.C. 1251 et seq.) and the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.).
(5) In order to meet the requirements of the
Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.), and in particular the various biological opin-
ions issued by the Fish and Wildlife Service, the
amendments made by this title are needed to provide
for a significant reduction in the facilities and water
supply contemplated under the Agreement.
(6) The substitute benefits provided to the
Tribes under the amendments made by this title, in-
cluding the waiver of capital costs and the provisions
of funds for natural resource enhancement, result in
a settlement that provides the Tribes with benefits
that are equivalent to those that the Tribes would
have received under the Colorado Ute Indian Water
Rights Settlement Act of 1988 (Public Law 100–
585; 102 Stat. 2973).
(7) The requirement that the Secretary of the
Interior comply with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) and
other national environmental laws before imple-
menting the proposed settlement will ensure that the
231
satisfaction of the tribal water rights is accomplished
in an environmentally responsible fashion.
(8) In considering the full range of alternatives
for satisfying the water rights claims of the South-
ern Ute Indian Tribe and Ute Mountain Ute Indian
Tribe, Congress has held numerous legislative hear-
ings and deliberations, and reviewed the considerable
record including the following documents:
(A) The Final EIS No. INT–FES–80–18,
dated July 1, 1980.
(B) The Draft Supplement to the FES No.
INT–DES–92–41, dated October 13, 1992.
(C) The Final Supplemental to the FES
No. 96–23, dated April 26, 1996;
(D) The Draft Supplemental EIS, dated
January 14, 2000.
(E) The Final Supplemental EIS, dated
July 2000.
(F) The Record of Decision for the Settle-
ment of the Colorado Ute Indian Waters, Sep-
tember 25, 2000.
(9) In the Record of Decision referred to in
paragraph (8)(F), the Secretary determined that the
preferred alternative could only proceed if Congress
amended the Colorado Ute Indian Water Rights Set-
232
tlement Act of 1988 (Public Law 100–585; 102
Stat. 2973) so as to satisfy the Tribal water rights
claim through the construction of the features au-
thorized by this title. The amendments to the Colo-
rado Ute Indian Water Rights Settlement Act of
1988 set forth in this title will provide the Ute
Tribes with substitute benefits equivalent to those
that the Tribes would have received under the Colo-
rado Ute Indian Water Rights Settlement Act of
1988, in a manner consistent with paragraph (8)
and the Federal Government’s trust obligation.
(10) Based upon paragraph (8), it is the intent
of Congress to enact legislation that implements the
Record of Decision referred to in paragraph (8)(F).
(c) DEFINITIONS.—In this title:
(1) AGREEMENT.—The term ‘‘Agreement’’ has
the meaning given that term in section 3(1) of the
Colorado Ute Indian Water Rights Settlement Act
of 1988 (Public Law 100–585; 102 Stat. 2973).
(2) ANIMAS-LA
PLATA
PROJECT.—The term
‘‘Animas-La Plata Project’’ has the meaning given
that term in section 3(2) of the Colorado Ute Indian
Water Rights Settlement Act of 1988 (Public Law
100–585; 102 Stat. 2973).
233
(3) DOLORES
PROJECT.—The term ‘‘Dolores
Project’’ has the meaning given that term in section
3(3) of the Colorado Ute Indian Water Rights Set-
tlement Act of 1988 (Public Law 100–585; 102
Stat. 2974).
(4) TRIBE; TRIBES.—The term ‘‘Tribe’’ or
‘‘Tribes’’ has the meaning given that term in section
3(6) of the Colorado Ute Indian Water Rights Set-
tlement Act of 1988 (Public Law 100–585; 102
Stat. 2974).
SEC. 302. AMENDMENTS TO SECTION 6 OF THE COLORADO
UTE INDIAN WATER RIGHTS SETTLEMENT
ACT OF 1988.
Subsection (a) of section 6 of the Colorado Ute In-
dian Water Rights Settlement Act of 1988 (Public Law
100–585; 102 Stat. 2975) is amended to read as follows:
‘‘(a) RESERVOIR; MUNICIPAL
AND
INDUSTRIAL
WATER.—
‘‘(1) FACILITIES.—
‘‘(A) IN GENERAL.—After the date of en-
actment of this subsection, but prior to January
1, 2005, or the date established in the Amended
Final Decree described in section 18(c), the
Secretary, in order to settle the outstanding
claims of the Tribes on the Animas and La
234
Plata Rivers, acting through the Bureau of
Reclamation, is specifically authorized to—
‘‘(i) complete construction of, and op-
erate and maintain, a reservoir, a pumping
plant, a reservoir inlet conduit, and appur-
tenant facilities with sufficient capacity to
divert and store water from the Animas
River to provide for an average annual de-
pletion of 57,100 acre-feet of water to be
used for a municipal and industrial water
supply, which facilities shall—
‘‘(I) be designed and operated in
accordance with the hydrologic regime
necessary for the recovery of the en-
dangered fish of the San Juan River
as determined by the San Juan River
Recovery Implementation Program;
‘‘(II) be operated in accordance
with the Animas-La Plata Project
Compact as approved by Congress in
Public Law 90–537;
‘‘(III) include an inactive pool of
an appropriate size to be determined
by the Secretary following the comple-
235
tion of required environmental compli-
ance activities; and
‘‘(IV) include those recreation fa-
cilities determined to be appropriate
by agreement between the State of
Colorado and the Secretary that shall
address the payment of any of the
costs of such facilities by the State of
Colorado in addition to the costs de-
scribed in paragraph (3); and
‘‘(ii) deliver, through the use of the
project components referred to in clause
(i), 
municipal 
and 
industrial 
water
allocations—
‘‘(I) with an average annual de-
pletion not to exceed 16,525 acre-feet
of water, to the Southern Ute Indian
Tribe for its present and future needs;
‘‘(II) with an average annual de-
pletion not to exceed 16,525 acre-feet
of water, to the Ute Mountain Ute In-
dian Tribe for its present and future
needs;
‘‘(III) with an average annual de-
pletion not to exceed 2,340 acre-feet
236
of water, to the Navajo Nation for its
present and future needs;
‘‘(IV) with an average annual de-
pletion not to exceed 10,400 acre-feet
of water, to the San Juan Water
Commission for its present and future
needs;
‘‘(V) with an average annual de-
pletion of an amount not to exceed
2,600 acre-feet of water, to the
Animas-La Plata Conservancy Dis-
trict for its present and future needs;
‘‘(VI) with an average annual de-
pletion of an amount not to exceed
5,230 acre-feet of water, to the State
of Colorado for its present and future
needs; and
‘‘(VII) with an average annual
depletion of an amount not to exceed
780 acre-feet of water, to the La
Plata Conservancy District of New
Mexico for its present and future
needs.
‘‘(B) APPLICABILITY OF OTHER FEDERAL
LAW.—The responsibilities of the Secretary de-
237
scribed in subparagraph (A) are subject to the
requirements of Federal laws related to the pro-
tection of the environment and otherwise appli-
cable to the construction of the proposed facili-
ties, including the National Environmental Pol-
icy Act of 1969 (42 U.S.C. 4321 et seq.), the
Clean Water Act (42 U.S.C. 7401 et seq.), and
the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.). Nothing in this Act shall be con-
strued to predetermine or otherwise affect the
outcome of any analysis conducted by the Sec-
retary or any other Federal official under appli-
cable laws.
‘‘(C) LIMITATION.—
‘‘(i) IN GENERAL.—If constructed, the
facilities described in subparagraph (A)
shall constitute the Animas-La Plata
Project. Construction of any other project
features authorized by Public Law 90–537
shall not be commenced without further ex-
press authorization from Congress.
‘‘(ii) 
CONTINGENCY
IN
APPLICA-
TION.—If the facilities described in sub-
paragraph (A) are not constructed and op-
erated, clause (i) shall not take effect.
238
‘‘(2) TRIBAL CONSTRUCTION COSTS.—Construc-
tion costs allocable to the facilities that are required
to deliver the municipal and industrial water alloca-
tions described in subclauses (I), (II) and (III) of
paragraph (1)(A)(ii) shall be nonreimbursable to the
United States.
‘‘(3) NONTRIBAL
WATER
CAPITAL
OBLIGA-
TIONS.—
‘‘(A) IN GENERAL.—Under the provisions
of section 9 of the Act of August 4, 1939 (43
U.S.C. 485h), the nontribal municipal and in-
dustrial water capital repayment obligations for
the facilities described in paragraph (1)(A)(i)
may be satisfied upon the payment in full of the
nontribal water capital obligations prior to the
initiation of construction. The amount of the
obligations described in the preceding sentence
shall be determined by agreement between the
Secretary of the Interior and the entity respon-
sible for such repayment as to the appropriate
reimbursable share of the construction costs al-
located to that entity’s municipal water storage.
Such repayment shall be consistent with Fed-
eral reclamation law, including the Colorado
River Storage Project Act of 1956 (43 U.S.C.
239
620 et seq.). Such agreement shall take into ac-
count the fact that the construction of certain
project facilities, including those facilities re-
quired to provide irrigation water supplies from
the Animas-La Plata Project, is not authorized
under paragraph (1)(A)(i) and no costs associ-
ated with the design or development of such fa-
cilities, including costs associated with environ-
mental compliance, shall be allocable to the mu-
nicipal and industrial users of the facilities au-
thorized under such paragraph.
‘‘(B) NONTRIBAL REPAYMENT OBLIGATION
SUBJECT
TO
FINAL
COST
ALLOCATION.—The
nontribal repayment obligation set forth in sub-
paragraph (A) shall be subject to a final cost
allocation by the Secretary upon project comple-
tion. In the event that the final cost allocation
indicates that additional repayment is war-
ranted based on the applicable entity’s share of
project water storage and determination of
overall reimbursable cost, that entity may elect
to enter into a new agreement to make the ad-
ditional payment necessary to secure the full
water supply identified in paragraph (1)(A)(ii).
If the repayment entity elects not to enter into
240
a new agreement, the portion of project storage
relinquished by such election shall be available
to the Secretary for allocation to other project
purposes. Additional repayment shall only be
warranted for reasonable and unforeseen costs
associated with project construction as deter-
mined by the Secretary in consultation with the
relevant repayment entities.
‘‘(C) REPORT.—Not later than April 1,
2001, the Secretary shall report to Congress on
the status of the cost-share agreements con-
templated in subparagraph (A). In the event
that no agreement is reached with either the
Animas-La Plata Conservancy District or the
State of Colorado for the water allocations set
forth in subclauses (V) and (VI) of paragraph
(1)(A)(ii), those allocations shall be reallocated
equally to the Colorado Ute Tribes.
‘‘(4) TRIBAL WATER ALLOCATIONS.—
‘‘(A) IN GENERAL.—With respect to mu-
nicipal and industrial water allocated to a Tribe
from the Animas-La Plata Project or the Dolo-
res Project, until that water is first used by a
Tribe or used pursuant to a water use contract
with the Tribe, the Secretary shall pay the an-
241
nual operation, maintenance, and replacement
costs allocable to that municipal and industrial
water allocation of the Tribe.
‘‘(B) TREATMENT
OF
COSTS.—A Tribe
shall not be required to reimburse the Secretary
for the payment of any cost referred to in sub-
paragraph (A).
‘‘(5) REPAYMENT OF PRO RATA SHARE.—Upon
a Tribe’s first use of an increment of a municipal
and industrial water allocation described in para-
graph (4), or the Tribe’s first use of such water pur-
suant to the terms of a water use contract—
‘‘(A) repayment of that increment’s pro
rata share of those allocable construction costs
for the Dolores Project shall be made by the
Tribe; and
‘‘(B) the Tribe shall bear a pro rata share
of the allocable annual operation, maintenance,
and replacement costs of the increment as re-
ferred to in paragraph (4).’’.
SEC. 303. MISCELLANEOUS.
The Colorado Ute Indian Water Rights Settlement
Act of 1988 (Public Law 100–585; 102 Stat. 2973) is
amended by adding at the end the following:
242
‘‘SEC. 15. NEW MEXICO AND NAVAJO NATION WATER MAT-
TERS.
‘‘(a) ASSIGNMENT OF WATER PERMIT.—Upon the
request of the State Engineer of the State of New Mexico,
the Secretary shall, as soon as practicable, in a manner
consistent with applicable law, assign, without consider-
ation, to the New Mexico Animas-La Plata Project bene-
ficiaries or to the New Mexico Interstate Stream Commis-
sion in accordance with the request of the State Engineer,
the Department of the Interior’s interest in New Mexico
State Engineer Permit Number 2883, dated May 1, 1956,
in order to fulfill the New Mexico non-Navajo purposes
of the Animas-La Plata Project, so long as the permit as-
signment does not affect the application of the Endan-
gered Species Act of 1973 (16 U.S.C. 1531 et seq.) to
the use of the water involved.
‘‘(b) NAVAJO NATION MUNICIPAL PIPELINE.—The
Secretary is specifically authorized to construct a water
line to augment the existing system that conveys the mu-
nicipal water supplies, in an amount not less than 4,680
acre-feet per year, to the Navajo Indian Reservation at
or near Shiprock, New Mexico. The Secretary shall comply
with all applicable environmental laws with respect to such
water line. Construction costs allocated to the Navajo Na-
tion for such water line shall be nonreimbursable to the
United States.
243
‘‘(c) PROTECTION
OF NAVAJO WATER CLAIMS.—
Nothing in this Act, including the permit assignment au-
thorized by subsection (a), shall be construed to quantify
or otherwise adversely affect the water rights and the
claims of entitlement to water of the Navajo Nation.
‘‘SEC. 16. RESOURCE FUNDS.
‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—There
is authorized to be appropriated to carry out this section,
$8,000,000 for each of fiscal years 2002 through 2006.
Not later than 60 days after amounts are appropriated
and available to the Secretary for a fiscal year under this
paragraph, the Secretary shall make a payment to each
of the Tribal Resource Funds established under subsection
(b). Each such payment shall be equal to 50 percent of
the amount appropriated for the fiscal year involved.
‘‘(b) FUNDS.—The Secretary shall establish a—
‘‘(1) Southern Ute Tribal Resource Fund; and
‘‘(2) Ute Mountain Ute Tribal Resource Fund.
‘‘(c) TRIBAL DEVELOPMENT.—
‘‘(1) INVESTMENT.—The Secretary shall, in the
absence of an approved tribal investment plan pro-
vided for under paragraph (2), invest the amount in
each Tribal Resource Fund established under sub-
section (b) in accordance with the Act entitled, ‘An
Act to authorize the deposit and investment of In-
244
dian funds’ approved June 24, 1938 (25 U.S.C.
162a). With the exception of the funds referred to
in paragraph (3)(B)(i), the Secretary shall disburse,
at the request of a Tribe, the principal and income
in its Resource Fund, or any part thereof, in accord-
ance with a resource acquisition and enhancement
plan approved under paragraph (3).
‘‘(2) INVESTMENT PLAN.—
‘‘(A) IN GENERAL.—In lieu of the invest-
ment provided for in paragraph (1), a Tribe
may submit a tribal investment plan applicable
to all or part of the Tribe’s Tribal Resource
Fund, except with respect to the funds referred
to in paragraph (3)(B)(i).
‘‘(B) APPROVAL.—Not later than 60 days
after the date on which an investment plan is
submitted under subparagraph (A), the Sec-
retary shall approve such investment plan if the
Secretary finds that the plan is reasonable and
sound. If the Secretary does not approve such
investment plan, the Secretary shall set forth in
writing and with particularity the reasons for
such disapproval. If such investment plan is ap-
proved by the Secretary, the Tribal Resource
Fund involved shall be disbursed to the Tribe to
245
be invested by the Tribe in accordance with the
approved investment plan, subject to subsection
(d).
‘‘(C) COMPLIANCE.—The Secretary may
take such steps as the Secretary determines to
be necessary to monitor the compliance of a
Tribe with an investment plan approved under
subparagraph (B). The United States shall not
be responsible for the review, approval, or audit
of any individual investment under the plan.
The United States shall not be directly or indi-
rectly liable with respect to any such invest-
ment, including any act or omission of the
Tribe in managing or investing such funds.
‘‘(D) ECONOMIC
DEVELOPMENT
PLAN.—
The principal and income derived from tribal
investments under an investment plan approved
under subparagraph (B) shall be subject to the
provisions of this section and shall be expended
only in accordance with an economic develop-
ment plan approved under paragraph (3)(B).
‘‘(3) ECONOMIC DEVELOPMENT PLAN.—
‘‘(A) IN GENERAL.—Each Tribe shall sub-
mit to the Secretary a resource acquisition and
246
enhancement plan for all or any portion of its
Tribal Resource Fund.
‘‘(B) APPROVAL.—Not later than 60 days
after the date on which a plan is submitted
under subparagraph (A), the Secretary shall ap-
prove such plan if it is consistent with the fol-
lowing requirements:
‘‘(i) With respect to at least three-
fourths of the funds appropriated pursuant
to this section and consistent with the
long-standing practice of the Tribes and
other local entities and communities to
work together to use their respective water
rights and resources for mutual benefit, at
least three-fourths of the funds appro-
priated pursuant to this section shall be
utilized to enhance, restore, and utilize the
Tribes’ natural resources in partnership
with adjacent non-Indian communities or
entities in the area.
‘‘(ii) The plan must be reasonably re-
lated to the protection, acquisition, en-
hancement, or development of natural re-
sources for the benefit of the Tribe and its
members.
247
‘‘(iii) Notwithstanding any other pro-
vision of law and in order to ensure that
the Federal Government fulfills the objec-
tives of the Record of Decision referred to
in section 301(b)(8)(F) of the Colorado
Ute Settlement Act Amendments of 2000
by requiring that the funds referred to in
clause (i) are expended directly by employ-
ees of the Federal Government, the Sec-
retary acting through the Bureau of Rec-
lamation shall expend not less than one-
third of the funds referred to in clause (i)
for municipal or rural water development
and not less than two-thirds of the funds
referred to such clause for resource acqui-
sition and enhancement.
‘‘(C) MODIFICATION.—Subject to the pro-
visions of this Act and the approval of the Sec-
retary, each Tribe may modify a plan approved
under subparagraph (B).
‘‘(D) LIABILITY.—The United States shall
not be directly or indirectly liable for any claim
or cause of action arising from the approval of
a plan under this paragraph, or from the use
248
and expenditure by the Tribe of the principal or
interest of the Funds.
‘‘(d) LIMITATION ON PER CAPITA DISTRIBUTIONS.—
No part of the principal contained in the Tribal Resource
Fund, or of the income accruing to such funds, or the rev-
enue from any water use contract, shall be distributed to
any member of either Tribe on a per capita basis.
‘‘(e) LIMITATION ON SETTING ASIDE FINAL CON-
SENT DECREE.—Neither the Tribes nor the United States
shall have the right to set aside the final consent decree
solely because the requirements of subsection (c) are not
complied with or implemented.
‘‘(f ) LIMITATION ON DISBURSEMENT OF TRIBAL RE-
SOURCE FUNDS.—Any funds appropriated under this sec-
tion shall be placed into the Southern Ute Tribal Resource
Fund and the Ute Mountain Ute Tribal Resource Fund
in the Treasury of the United States but shall not be avail-
able for disbursement under this section until the final set-
tlement of the tribal claims as provided in section 18. The
Secretary of the Interior may, in the Secretary’s sole dis-
cretion, authorize the disbursement of funds prior to the
final settlement in the event that the Secretary determines
that substantial portions of the settlement have been com-
pleted. In the event that the funds are not disbursed under
the terms of this section by December 31, 2012, such
249
funds shall be deposited in the general fund of the Treas-
ury.
‘‘SEC. 17. COLORADO UTE SETTLEMENT FUND.
‘‘(a) ESTABLISHMENT OF FUND.—There is hereby
established within the Treasury of the United States a
fund to be known as the ‘Colorado Ute Settlement Fund’.
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There
is authorized to be appropriated to the Colorado Ute Set-
tlement Fund such funds as are necessary to complete the
construction of the facilities described in sections
6(a)(1)(A) and 15(b) within 7 years of the date of enact-
ment of this section. Such funds are authorized to be ap-
propriated for each of the first 5 fiscal years beginning
with the first full fiscal year following the date of enact-
ment of this section.
‘‘SEC. 18. FINAL SETTLEMENT.
‘‘(a) IN GENERAL.—The construction of the facilities
described in section 6(a)(1)(A), the allocation of the water
supply from those facilities to the Tribes as described in
that section, and the provision of funds to the Tribes in
accordance with section 16 and the issuance of an amend-
ed final consent decree as contemplated in subsection (c)
shall constitute final settlement of the tribal claims to
water rights on the Animas and La Plata Rivers in the
State of Colorado.
250
‘‘(b) STATUTORY CONSTRUCTION.—Nothing in this
section shall be construed to affect the right of the Tribes
to water rights on the streams and rivers described in the
Agreement, other than the Animas and La Plata Rivers,
to receive the amounts of water dedicated to tribal use
under the Agreement, or to acquire water rights under the
laws of the State of Colorado.
‘‘(c) ACTION BY THE ATTORNEY GENERAL.—The At-
torney General shall file with the District Court, Water
Division Number 7, of the State of Colorado, such instru-
ments as may be necessary to request the court to amend
the final consent decree to provide for the amendments
made to this Act under the Colorado Ute Indian Water
Rights Settlement Act Amendments of 2000. The amend-
ed final consent decree shall specify terms and conditions
to provide for an extension of the current January 1,
2005, deadline for the Tribes to commence litigation of
their reserved rights claims on the Animas and La Plata
Rivers.
‘‘SEC. 19. STATUTORY CONSTRUCTION; TREATMENT OF
CERTAIN FUNDS.
‘‘(a) IN GENERAL.—Nothing in the amendments
made by the Colorado Ute Settlement Act Amendments
of 2000 shall be construed to affect the applicability of
any provision of this Act.
251
‘‘(b) TREATMENT OF UNCOMMITTED PORTION OF
COST-SHARING OBLIGATION.—The uncommitted portion
of the cost-sharing obligation of the State of Colorado re-
ferred to in section 6(a)(3) shall be made available, upon
the request of the State of Colorado, to the State of Colo-
rado after the date on which payment is made of the
amount specified in that section.’’.
TITLE IV
SEC. 
401. 
DESIGNATION 
OF 
AMERICAN 
MUSEUM 
OF
SCIENCE AND ENERGY.
(a) IN GENERAL.—The Museum—
(1) is designated as the ‘‘American Museum of
Science and Energy’’; and
(2) shall be the official museum of science and
energy of the United States.
(b) REFERENCES.—Any reference in a law, map, reg-
ulation, document, paper, or other record of the United
States to the Museum is deemed to be a reference to the
‘‘American Museum of Science and Energy’’.
(c) PROPERTY OF THE UNITED STATES.—
(1) IN GENERAL.—The name ‘‘American Mu-
seum of Science and Energy’’ is declared the prop-
erty of the United States.
(2) USE.—The Museum shall have the sole
right throughout the United States and its posses-
252
sions to have and use the name ‘‘American Museum
of Science and Energy’’.
(3) EFFECT
ON
OTHER
RIGHTS.—This sub-
section shall not be construed to conflict or interfere
with established or vested rights.
SEC. 402. AUTHORITY.
To carry out the activities of the Museum, the Sec-
retary may—
(1) accept and dispose of any gift, devise, or be-
quest of services or property, real or personal, that
is—
(A) designated in a written document by
the person making the gift, devise, or bequest
as intended for the Museum; and
(B) determined by the Secretary to be suit-
able and beneficial for use by the Museum;
(2) operate a retail outlet on the premises of
the Museum for the purpose of selling or distrib-
uting items (including mementos, food, educational
materials, replicas, and literature) that are—
(A) relevant to the contents of the Mu-
seum; and
(B) informative, educational, and tasteful;
(3) collect reasonable fees where feasible and
appropriate;
253
(4) exhibit, perform, display, and publish mate-
rials and information of or relating to the Museum
in any media or place;
(5) consistent with guidelines approved by the
Secretary, lease space on the premises of the Mu-
seum at reasonable rates and for uses consistent
with such guidelines; and
(6) use the proceeds of activities authorized
under this section to pay the costs of the Museum.
SEC. 403. MUSEUM VOLUNTEERS.
(a) AUTHORITY TO USE VOLUNTEERS.—The Sec-
retary may recruit, train, and accept the services of indi-
viduals or entities as volunteers for services or activities
related to the Museum.
(b) STATUS OF VOLUNTEERS.—
(1) IN GENERAL.—Except as provided in para-
graph (2), service by a volunteer under subsection
(a) shall not be considered Federal employment.
(2) EXCEPTIONS.—
(A) FEDERAL
TORT
CLAIMS
ACT.—For
purposes of chapter 171 of title 28, United
States Code, a volunteer under subsection (a)
shall be treated as an employee of the Govern-
ment (as defined in section 2671 of that title).
254
(B) COMPENSATION
FOR
WORK
INJU-
RIES.—For purposes of subchapter I of chapter
81 of title 5, United States Code, a volunteer
described in subsection (a) shall be treated as
an employee (as defined in section 8101 of title
5, United States Code).
(c) COMPENSATION.—A volunteer under subsection
(a) shall serve without pay, but may receive nominal
awards and reimbursement for incidental expenses, includ-
ing expenses for a uniform or transportation in further-
ance of Museum activities.
SEC. 404. DEFINITIONS.
For purposes of this Act:
(1) MUSEUM.—The term ‘‘Museum’’ means the
museum operated by the Secretary of Energy and lo-
cated at 300 South Tulane Avenue in Oak Ridge,
Tennessee.
(2) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Energy or a designated representa-
tive of the Secretary.
TITLE V—LOWER MISSISSIPPI
RIVER REGION
SEC. 501. SHORT TITLE.
This title may be cited as the ‘‘Delta Regional Au-
thority Act of 2000’’.
255
SEC. 502. FINDINGS AND PURPOSES.
(a) FINDINGS.—Congress finds that—
(1) the lower Mississippi River region (referred
to in this title as the ‘‘region’’), though rich in nat-
ural and human resources, lags behind the rest of
the United States in economic growth and pros-
perity;
(2) the region suffers from a greater proportion
of measurable poverty and unemployment than any
other region of the United States;
(3) the greatest hope for economic growth and
revitalization in the region lies in the development of
transportation infrastructure, creation of jobs, ex-
pansion of businesses, and development of entrepre-
neurial local economies;
(4) the economic progress of the region requires
an adequate transportation and physical infrastruc-
ture, a skilled and trained workforce, and greater
opportunities for enterprise development and entre-
preneurship;
(5) a concerted and coordinated effort among
Federal, State, and local agencies, the private sector,
and nonprofit groups is needed if the region is to
achieve its full potential for economic development;
(6) economic development planning on a re-
gional or multicounty basis offers the best prospect
256
for achieving the maximum benefit from public and
private investments; and
(7) improving the economy of the region re-
quires a special emphasis on areas of the region that
are most economically distressed.
(b) PURPOSES.—The purposes of this title are—
(1) to promote and encourage the economic de-
velopment of the region—
(A) to ensure that the communities and
people in the region have the opportunity for
economic development; and
(B) to ensure that the economy of the re-
gion reaches economic parity with that of the
rest of the United States;
(2) to establish a formal framework for joint
Federal-State collaboration in meeting and focusing
national attention on the economic development
needs of the region;
(3) to assist the region in obtaining the trans-
portation and basic infrastructure, skills training,
and opportunities for economic development that are
essential for strong local economies;
(4) to foster coordination among all levels of
government, the private sector, and nonprofit groups
257
in crafting common regional strategies that will lead
to broader economic growth;
(5) to strengthen efforts that emphasize re-
gional approaches to economic development and
planning;
(6) to encourage the participation of interested
citizens, public officials, agencies, and others in de-
veloping and implementing local and regional plans
for broad-based economic and community develop-
ment; and
(7) to focus special attention on areas of the re-
gion that suffer from the greatest economic distress.
SEC. 503. DELTA REGIONAL AUTHORITY.
The Consolidated Farm and Rural Development Act
(7 U.S.C. 1921 et seq.) is amended by adding at the end
the following:
‘‘Subtitle F—Delta Regional Authority
‘‘SEC. 382A. DEFINITIONS.
‘‘In this subtitle:
‘‘(1) AUTHORITY.—The term ‘Authority’ means
the Delta Regional Authority established by section
382B.
‘‘(2) REGION.—The term ‘region’ means the
Lower Mississippi (as defined in section 4 of the
258
Delta Development Act (42 U.S.C. 3121 note; Pub-
lic Law 100–460)).
‘‘(3) FEDERAL
GRANT
PROGRAM.—The term
‘Federal grant program’ means a Federal grant pro-
gram to provide assistance in—
‘‘(A) acquiring or developing land;
‘‘(B) constructing or equipping a highway,
road, bridge, or facility; or
‘‘(C) carrying out other economic develop-
ment activities.
‘‘SEC. 382B. DELTA REGIONAL AUTHORITY.
‘‘(a) ESTABLISHMENT.—
‘‘(1) IN
GENERAL.—There is established the
Delta Regional Authority.
‘‘(2) COMPOSITION.—The Authority shall be
composed of—
‘‘(A) a Federal member, to be appointed
by the President, with the advice and consent
of the Senate; and
‘‘(B) the Governor (or a designee of the
Governor) of each State in the region that
elects to participate in the Authority.
‘‘(3) COCHAIRPERSONS.—The Authority shall
be headed by—
259
‘‘(A) the Federal member, who shall
serve—
‘‘(i) as the Federal cochairperson; and
‘‘(ii) as a liaison between the Federal
Government and the Authority; and
‘‘(B) a State cochairperson, who—
‘‘(i) shall be a Governor of a partici-
pating State in the region; and
‘‘(ii) shall be elected by the State
members for a term of not less than 1
year.
‘‘(b) ALTERNATE MEMBERS.—
‘‘(1) STATE ALTERNATES.—The State member
of a participating State may have a single alternate,
who shall be—
‘‘(A) a resident of that State; and
‘‘(B) appointed by the Governor of the
State.
‘‘(2) ALTERNATE FEDERAL COCHAIRPERSON.—
The President shall appoint an alternate Federal co-
chairperson.
‘‘(3) QUORUM.—A State alternate shall not be
counted toward the establishment of a quorum of
the Authority in any instance in which a quorum of
the State members is required to be present.
260
‘‘(4) DELEGATION OF POWER.—No power or
responsibility of the Authority specified in para-
graphs (2) and (3) of subsection (c), and no voting
right of any Authority member, shall be delegated to
any person—
‘‘(A) who is not an Authority member; or
‘‘(B) who is not entitled to vote in Author-
ity meetings.
‘‘(c) VOTING.—
‘‘(1) IN GENERAL.—A decision by the Authority
shall require a majority vote of the Authority (not
including any member representing a State that is
delinquent under subsection (g)(2)(C)) to be effec-
tive.
‘‘(2) QUORUM.—A quorum of State members
shall be required to be present for the Authority to
make any policy decision, including—
‘‘(A) a modification or revision of an Au-
thority policy decision;
‘‘(B) approval of a State or regional devel-
opment plan; and
‘‘(C) any allocation of funds among the
States.
‘‘(3) PROJECT AND GRANT PROPOSALS.—The
approval of project and grant proposals shall be—
261
‘‘(A) a responsibility of the Authority; and
‘‘(B) conducted in accordance with section
382I.
‘‘(4) VOTING
BY
ALTERNATE
MEMBERS.—An
alternate member shall vote in the case of the ab-
sence, death, disability, removal, or resignation of
the Federal or State representative for which the al-
ternate member is an alternate.
‘‘(d) DUTIES.—The Authority shall—
‘‘(1) develop, on a continuing basis, comprehen-
sive and coordinated plans and programs to establish
priorities and approve grants for the economic devel-
opment of the region, giving due consideration to
other Federal, State, and local planning and devel-
opment activities in the region;
‘‘(2) not later than 220 days after the date of
enactment of this subtitle, establish priorities in a
development plan for the region (including 5-year re-
gional outcome targets);
‘‘(3) assess the needs and assets of the region
based on available research, demonstrations, inves-
tigations, assessments, and evaluations of the region
prepared by Federal, State, and local agencies, uni-
versities, local development districts, and other non-
profit groups;
262
‘‘(4) formulate and recommend to the Gov-
ernors and legislatures of States that participate in
the Authority forms of interstate cooperation;
‘‘(5) work with State and local agencies in de-
veloping appropriate model legislation;
‘‘(6)(A) enhance the capacity of, and provide
support for, local development districts in the region;
or
‘‘(B) if no local development district exists in
an area in a participating State in the region, foster
the creation of a local development district;
‘‘(7) encourage private investment in industrial,
commercial, 
and 
other 
economic 
development
projects in the region; and
‘‘(8) cooperate with and assist State govern-
ments with economic development programs of par-
ticipating States.
‘‘(e) ADMINISTRATION.—In carrying out subsection
(d), the Authority may—
‘‘(1) hold such hearings, sit and act at such
times and places, take such testimony, receive such
evidence, and print or otherwise reproduce and dis-
tribute a description of the proceedings and reports
on actions by the Authority as the Authority con-
siders appropriate;
263
‘‘(2) authorize, through the Federal or State co-
chairperson or any other member of the Authority
designated by the Authority, the administration of
oaths if the Authority determines that testimony
should be taken or evidence received under oath;
‘‘(3) request from any Federal, State, or local
department or agency such information as may be
available to or procurable by the department or
agency that may be of use to the Authority in car-
rying out duties of the Authority;
‘‘(4) adopt, amend, and repeal bylaws and rules
governing the conduct of Authority business and the
performance of Authority duties;
‘‘(5) request the head of any Federal depart-
ment or agency to detail to the Authority such per-
sonnel as the Authority requires to carry out duties
of the Authority, each such detail to be without loss
of seniority, pay, or other employee status;
‘‘(6) request the head of any State department
or agency or local government to detail to the Au-
thority such personnel as the Authority requires to
carry out duties of the Authority, each such detail
to be without loss of seniority, pay, or other em-
ployee status;
264
‘‘(7) provide for coverage of Authority employ-
ees in a suitable retirement and employee benefit
system by—
‘‘(A) making arrangements or entering
into contracts with any participating State gov-
ernment; or
‘‘(B) otherwise providing retirement and
other employee benefit coverage;
‘‘(8) accept, use, and dispose of gifts or dona-
tions of services or real, personal, tangible, or intan-
gible property;
‘‘(9) enter into and perform such contracts,
leases, cooperative agreements, or other transactions
as are necessary to carry out Authority duties, in-
cluding any contracts, leases, or cooperative agree-
ments with—
‘‘(A) any department, agency, or instru-
mentality of the United States;
‘‘(B) any State (including a political sub-
division, agency, or instrumentality of the
State); or
‘‘(C) any person, firm, association, or cor-
poration; and
265
‘‘(10) establish and maintain a central office
and field offices at such locations as the Authority
may select.
‘‘(f ) FEDERAL AGENCY COOPERATION.—A Federal
agency shall—
‘‘(1) cooperate with the Authority; and
‘‘(2) provide, on request of the Federal cochair-
person, appropriate assistance in carrying out this
subtitle, in accordance with applicable Federal laws
(including regulations).
‘‘(g) ADMINISTRATIVE EXPENSES.—
‘‘(1) IN GENERAL.—Administrative expenses of
the Authority (except for the expenses of the Fed-
eral cochairperson, including expenses of the alter-
nate and staff of the Federal cochairperson, which
shall be paid solely by the Federal Government)
shall be paid—
‘‘(A) by the Federal Government, in an
amount equal to 50 percent of the administra-
tive expenses; and
‘‘(B) by the States in the region partici-
pating in the Authority, in an amount equal to
50 percent of the administrative expenses.
‘‘(2) STATE SHARE.—
266
‘‘(A) IN GENERAL.—The share of adminis-
trative expenses of the Authority to be paid by
each State shall be determined by the Author-
ity.
‘‘(B) NO FEDERAL PARTICIPATION.—The
Federal cochairperson shall not participate or
vote in any decision under subparagraph (A).
‘‘(C) DELINQUENT STATES.—If a State is
delinquent in payment of the State’s share of
administrative expenses of the Authority under
this subsection—
‘‘(i) no assistance under this subtitle
shall be furnished to the State (including
assistance to a political subdivision or a
resident of the State); and
‘‘(ii) no member of the Authority from
the State shall participate or vote in any
action by the Authority.
‘‘(h) COMPENSATION.—
‘‘(1) FEDERAL COCHAIRPERSON.—The Federal
cochairperson shall be compensated by the Federal
Government at level III of the Executive Schedule in
subchapter II of chapter 53 of title 5, United States
Code.
267
‘‘(2) ALTERNATE FEDERAL COCHAIRPERSON.—
The alternate Federal cochairperson—
‘‘(A) shall be compensated by the Federal
Government at level V of the Executive Sched-
ule described in paragraph (1); and
‘‘(B) when not actively serving as an alter-
nate for the Federal cochairperson, shall per-
form such functions and duties as are delegated
by the Federal cochairperson.
‘‘(3) STATE MEMBERS AND ALTERNATES.—
‘‘(A) IN
GENERAL.—A State shall com-
pensate each member and alternate rep-
resenting the State on the Authority at the rate
established by law of the State.
‘‘(B) NO
ADDITIONAL
COMPENSATION.—
No State member or alternate member shall re-
ceive any salary, or any contribution to or sup-
plementation of salary from any source other
than the State for services provided by the
member or alternate to the Authority.
‘‘(4) DETAILED EMPLOYEES.—
‘‘(A) IN GENERAL.—No person detailed to
serve the Authority under subsection (e)(6)
shall receive any salary or any contribution to
268
or supplementation of salary for services pro-
vided to the Authority from—
‘‘(i) any source other than the State,
local, or intergovernmental department or
agency from which the person was detailed;
or
‘‘(ii) the Authority.
‘‘(B) VIOLATION.—Any person that vio-
lates this paragraph shall be fined not more
than $5,000, imprisoned not more than 1 year,
or both.
‘‘(C) APPLICABLE LAW.—The Federal co-
chairperson, the alternate Federal cochair-
person, and any Federal officer or employee de-
tailed to duty on the Authority under sub-
section (e)(5) shall not be subject to subpara-
graph (A), but shall remain subject to sections
202 through 209 of title 18, United States
Code.
‘‘(5) ADDITIONAL PERSONNEL.—
‘‘(A) COMPENSATION.—
‘‘(i) IN
GENERAL.—The Authority
may appoint and fix the compensation of
an executive director and such other per-
sonnel as are necessary to enable the Au-
269
thority to carry out the duties of the Au-
thority.
‘‘(ii) 
EXCEPTION.—Compensation
under clause (i) shall not exceed the max-
imum rate for the Senior Executive Service
under section 5382 of title 5, United
States Code, including any applicable local-
ity-based comparability payment that may
be authorized under section 5304(h)(2)(C)
of that title.
‘‘(B) EXECUTIVE DIRECTOR.—The execu-
tive director shall be responsible for—
‘‘(i) the carrying out of the adminis-
trative duties of the Authority;
‘‘(ii) direction of the Authority staff;
and
‘‘(iii) such other duties as the Author-
ity may assign.
‘‘(C) NO FEDERAL EMPLOYEE STATUS.—
No member, alternate, officer, or employee of
the Authority (except the Federal cochairperson
of the Authority, the alternate and staff for the
Federal cochairperson, and any Federal em-
ployee detailed to the Authority under sub-
270
section (e)(5)) shall be considered to be a Fed-
eral employee for any purpose.
‘‘(i) CONFLICTS OF INTEREST.—
‘‘(1) IN GENERAL.—Except as provided under
paragraph (2), no State member, alternate, officer,
or employee of the Authority shall participate per-
sonally and substantially as a member, alternate, of-
ficer, or employee of the Authority, through decision,
approval, disapproval, recommendation, the ren-
dering of advice, investigation, or otherwise, in any
proceeding, application, request for a ruling or other
determination, contract, claim, controversy, or other
matter in which, to knowledge of the member, alter-
nate, officer, or employee—
‘‘(A) the member, alternate, officer, or em-
ployee;
‘‘(B) the spouse, minor child, partner, or
organization (other than a State or political
subdivision of the State) of the member, alter-
nate, officer, or employee, in which the member,
alternate, officer, or employee is serving as offi-
cer, director, trustee, partner, or employee; or
‘‘(C) any person or organization with
whom the member, alternate, officer, or em-
271
ployee is negotiating or has any arrangement
concerning prospective employment;
has a financial interest.
‘‘(2) DISCLOSURE.—Paragraph (1) shall not
apply if the State member, alternate, officer, or
employee—
‘‘(A) immediately advises the Authority of
the nature and circumstances of the proceeding,
application, request for a ruling or other deter-
mination, contract, claim, controversy, or other
particular matter presenting a potential conflict
of interest;
‘‘(B) makes full disclosure of the financial
interest; and
‘‘(C) before the proceeding concerning the
matter presenting the conflict of interest, re-
ceives a written determination by the Authority
that the interest is not so substantial as to be
likely to affect the integrity of the services that
the Authority may expect from the State mem-
ber, alternate, officer, or employee.
‘‘(3) VIOLATION.—Any person that violates this
subsection shall be fined not more than $10,000, im-
prisoned not more than 2 years, or both.
272
‘‘( j) 
VALIDITY
OF
CONTRACTS, 
LOANS, 
AND
GRANTS.—The Authority may declare void any contract,
loan, or grant of or by the Authority in relation to which
the Authority determines that there has been a violation
of any provision under subsection (h)(4), subsection (i),
or sections 202 through 209 of title 18, United States
Code.
‘‘SEC. 382C. ECONOMIC AND COMMUNITY DEVELOPMENT
GRANTS.
‘‘(a) IN GENERAL.—The Authority may approve
grants to States and public and nonprofit entities for
projects, approved in accordance with section 382I—
‘‘(1) to develop the transportation infrastruc-
ture of the region for the purpose of facilitating eco-
nomic development in the region (except that grants
for this purpose may only be made to a State or
local government);
‘‘(2) to assist the region in obtaining the job
training, employment-related education, and busi-
ness development (with an emphasis on entrepre-
neurship) that are needed to build and maintain
strong local economies;
‘‘(3) to provide assistance to severely distressed
and underdeveloped areas that lack financial re-
sources for improving basic public services;
273
‘‘(4) to provide assistance to severely distressed
and underdeveloped areas that lack financial re-
sources for equipping industrial parks and related
facilities; and
‘‘(5) to otherwise achieve the purposes of this
subtitle.
‘‘(b) FUNDING.—
‘‘(1) IN
GENERAL.—Funds for grants under
subsection (a) may be provided—
‘‘(A) entirely from appropriations to carry
out this section;
‘‘(B) in combination with funds available
under another Federal or Federal grant pro-
gram; or
‘‘(C) from any other source.
‘‘(2) PRIORITY OF FUNDING.—To best build the
foundations for long-term economic development and
to complement other Federal and State resources in
the region, Federal funds available under this sub-
title shall be focused on the activities in the fol-
lowing order or priority:
‘‘(A) Basic public infrastructure in dis-
tressed counties and isolated areas of distress.
274
‘‘(B) Transportation infrastructure for the
purpose of facilitating economic development in
the region.
‘‘(C) Business development, with emphasis
on entrepreneurship.
‘‘(D) Job training or employment-related
education, with emphasis on use of existing
public educational institutions located in the re-
gion.
‘‘(3) FEDERAL SHARE IN GRANT PROGRAMS.—
Notwithstanding any provision of law limiting the
Federal share in any grant program, funds appro-
priated to carry out this section may be used to in-
crease a Federal share in a grant program, as the
Authority determines appropriate.
‘‘SEC. 382D. SUPPLEMENTS TO FEDERAL GRANT PRO-
GRAMS.
‘‘(a) FINDING.—Congress finds that certain States
and local communities of the region, including local devel-
opment districts, may be unable to take maximum advan-
tage of Federal grant programs for which the States and
communities are eligible because—
‘‘(1) they lack the economic resources to meet
the required matching share; or
275
‘‘(2) there are insufficient funds available under
the applicable Federal grant law authorizing the
program to meet pressing needs of the region.
‘‘(b) FEDERAL GRANT PROGRAM FUNDING.—In ac-
cordance with subsection (c), the Federal cochairperson
may use amounts made available to carry out this subtitle,
without regard to any limitations on areas eligible for as-
sistance or authorizations for appropriation under any
other Act, to fund all or any portion of the basic Federal
contribution to a project or activity under a Federal grant
program in the region in an amount that is above the fixed
maximum portion of the cost of the project otherwise au-
thorized by applicable law, but not to exceed 90 percent
of the costs of the project (except as provided in section
382F(b)).
‘‘(c) CERTIFICATION.—
‘‘(1) IN GENERAL.—In the case of any program
or project for which all or any portion of the basic
Federal contribution to the project under a Federal
grant program is proposed to be made under this
section, no Federal contribution shall be made until
the Federal official administering the Federal law
authorizing the contribution certifies that the pro-
gram or project—
276
‘‘(A) meets the applicable requirements of
the applicable Federal grant law; and
‘‘(B) could be approved for Federal con-
tribution under the law if funds were available
under the law for the program or project.
‘‘(2) CERTIFICATION BY AUTHORITY.—
‘‘(A) IN GENERAL.—The certifications and
determinations required to be made by the Au-
thority for approval of projects under this sub-
title in accordance with section 382I—
‘‘(i) shall be controlling; and
‘‘(ii) shall be accepted by the Federal
agencies.
‘‘(B) ACCEPTANCE BY FEDERAL COCHAIR-
PERSON.—Any finding, report, certification, or
documentation required to be submitted to the
head of the department, agency, or instrumen-
tality of the Federal Government responsible for
the administration of any Federal grant pro-
gram shall be accepted by the Federal cochair-
person with respect to a supplemental grant for
any project under the program.
277
‘‘SEC. 382E. LOCAL DEVELOPMENT DISTRICTS; CERTIFI-
CATION AND ADMINISTRATIVE EXPENSES.
‘‘(a) DEFINITION
OF LOCAL DEVELOPMENT DIS-
TRICT.—In this section, the term ‘local development dis-
trict’ means an entity that—
‘‘(1) is—
‘‘(A) a planning district in existence on the
date of enactment of this subtitle that is recog-
nized by the Economic Development Adminis-
tration of the Department of Commerce; or
‘‘(B) where an entity described in subpara-
graph (A) does not exist—
‘‘(i) organized and operated in a man-
ner that ensures broad-based community
participation and an effective opportunity
for other nonprofit groups to contribute to
the development and implementation of
programs in the region;
‘‘(ii) governed by a policy board with
at least a simple majority of members con-
sisting of elected officials or employees of
a general purpose unit of local government
who have been appointed to represent the
government;
‘‘(iii) certified to the Authority as hav-
ing a charter or authority that includes the
278
economic development of counties or parts
of counties or other political subdivisions
within the region—
‘‘(I) by the Governor of each
State in which the entity is located; or
‘‘(II) by the State officer des-
ignated by the appropriate State law
to make the certification; and
‘‘(iv)(I) a nonprofit incorporated body or-
ganized or chartered under the law of the State
in which the entity is located;
‘‘(II) a nonprofit agency or instrumentality
of a State or local government;
‘‘(III) a public organization established be-
fore the date of enactment of this subtitle under
State law for creation of multi-jurisdictional,
area-wide planning organizations; or
‘‘(IV) a nonprofit association or combina-
tion of bodies, agencies, and instrumentalities
described in subclauses (I) through (III); and
‘‘(2) has not, as certified by the Federal
cochairperson—
‘‘(A) inappropriately used Federal grant
funds from any Federal source; or
279
‘‘(B) appointed an officer who, during the
period in which another entity inappropriately
used Federal grant funds from any Federal
source, was an officer of the other entity.
‘‘(b) GRANTS
TO
LOCAL
DEVELOPMENT
DIS-
TRICTS.—
‘‘(1) IN GENERAL.—The Authority may make
grants for administrative expenses under this sec-
tion.
‘‘(2) CONDITIONS FOR GRANTS.—
‘‘(A) MAXIMUM AMOUNT.—The amount of
any grant awarded under paragraph (1) shall
not exceed 80 percent of the administrative ex-
penses of the local development district receiv-
ing the grant.
‘‘(B) MAXIMUM
PERIOD.—No grant de-
scribed in paragraph (1) shall be awarded to a
State agency certified as a local development
district for a period greater than 3 years.
‘‘(C) LOCAL SHARE.—The contributions of
a local development district for administrative
expenses may be in cash or in kind, fairly evalu-
ated, including space, equipment, and services.
‘‘(c) DUTIES
OF
LOCAL
DEVELOPMENT
DIS-
TRICTS.—A local development district shall—
280
‘‘(1) operate as a lead organization serving
multicounty areas in the region at the local level;
and
‘‘(2) serve as a liaison between State and local
governments, 
nonprofit 
organizations 
(including
community-based groups and educational institu-
tions), the business community, and citizens that—
‘‘(A) are involved in multijurisdictional
planning;
‘‘(B) provide technical assistance to local
jurisdictions and potential grantees; and
‘‘(C) provide leadership and civic develop-
ment assistance.
‘‘SEC. 382F. DISTRESSED COUNTIES AND AREAS AND NON-
DISTRESSED COUNTIES.
‘‘(a) DESIGNATIONS.—Not later than 90 days after
the date of enactment of this subtitle, and annually there-
after, the Authority, in accordance with such criteria as
the Authority may establish, shall designate—
‘‘(1) as distressed counties, counties in the re-
gion that are the most severely and persistently dis-
tressed and underdeveloped and have high rates of
poverty or unemployment;
281
‘‘(2) as nondistressed counties, counties in the
region that are not designated as distressed counties
under paragraph (1); and
‘‘(3) as isolated areas of distress, areas located
in nondistressed counties (as designated under para-
graph (2)) that have high rates of poverty or unem-
ployment.
‘‘(b) DISTRESSED COUNTIES.—
‘‘(1) IN GENERAL.—The Authority shall allo-
cate at least 75 percent of the appropriations made
available under section 382M for programs and
projects designed to serve the needs of distressed
counties and isolated areas of distress in the region.
‘‘(2) FUNDING LIMITATIONS.—The funding lim-
itations under section 382D(b) shall not apply to a
project providing transportation or basic public serv-
ices to residents of one or more distressed counties
or isolated areas of distress in the region.
‘‘(c) NONDISTRESSED COUNTIES.—
‘‘(1) IN GENERAL.—Except as provided in this
subsection, no funds shall be provided under this
subtitle for a project located in a county designated
as a nondistressed county under subsection (a)(2).
‘‘(2) EXCEPTIONS.—
282
‘‘(A) IN GENERAL.—The funding prohibi-
tion under paragraph (1) shall not apply to
grants to fund the administrative expenses of
local 
development 
districts 
under 
section
382E(b).
‘‘(B) MULTICOUNTY PROJECTS.—The Au-
thority may waive the application of the fund-
ing prohibition under paragraph (1) to—
‘‘(i) a multicounty project that in-
cludes participation by a nondistressed
county; or
‘‘(ii) any other type of project;
if the Authority determines that the project
could bring significant benefits to areas of the
region outside a nondistressed county.
‘‘(C) ISOLATED AREAS OF DISTRESS.—For
a designation of an isolated area of distress for
assistance to be effective, the designation shall
be supported—
‘‘(i) by the most recent Federal data
available; or
‘‘(ii) if no recent Federal data are
available, by the most recent data available
through the government of the State in
283
which the isolated area of distress is lo-
cated.
‘‘(d) TRANSPORTATION AND BASIC PUBLIC INFRA-
STRUCTURE.—The Authority shall allocate at least 50 per-
cent of any funds made available under section 382M for
transportation and basic public infrastructure projects au-
thorized under paragraphs (1) and (3) of section 382C(a).
‘‘SEC. 382G. DEVELOPMENT PLANNING PROCESS.
‘‘(a) STATE DEVELOPMENT PLAN.—In accordance
with policies established by the Authority, each State
member shall submit a development plan for the area of
the region represented by the State member.
‘‘(b) CONTENT OF PLAN.—A State development plan
submitted under subsection (a) shall reflect the goals, ob-
jectives, and priorities identified in the regional develop-
ment plan developed under section 382B(d)(2).
‘‘(c) CONSULTATION WITH INTERESTED LOCAL PAR-
TIES.—In carrying out the development planning process
(including the selection of programs and projects for as-
sistance), a State may—
‘‘(1) consult with—
‘‘(A) local development districts; and
‘‘(B) local units of government; and
284
‘‘(2) take into consideration the goals, objec-
tives, priorities, and recommendations of the entities
described in paragraph (1).
‘‘(d) PUBLIC PARTICIPATION.—
‘‘(1) IN GENERAL.—The Authority and applica-
ble State and local development districts shall en-
courage and assist, to the maximum extent prac-
ticable, public participation in the development, revi-
sion, and implementation of all plans and programs
under this subtitle.
‘‘(2) REGULATIONS.—The Authority shall de-
velop guidelines for providing public participation
described in paragraph (1), including public hear-
ings.
‘‘SEC. 382H. PROGRAM DEVELOPMENT CRITERIA.
‘‘(a) IN GENERAL.—In considering programs and
projects to be provided assistance under this subtitle, and
in establishing a priority ranking of the requests for as-
sistance provided by the Authority, the Authority shall fol-
low procedures that ensure, to the maximum extent prac-
ticable, consideration of—
‘‘(1) the relationship of the project or class of
projects to overall regional development;
‘‘(2) the per capita income and poverty and un-
employment rates in an area;
285
‘‘(3) the financial resources available to the ap-
plicants for assistance seeking to carry out the
project, with emphasis on ensuring that projects are
adequately financed to maximize the probability of
successful economic development;
‘‘(4) the importance of the project or class of
projects in relation to other projects or classes of
projects that may be in competition for the same
funds;
‘‘(5) the prospects that the project for which as-
sistance is sought will improve, on a continuing rath-
er than a temporary basis, the opportunities for em-
ployment, the average level of income, or the eco-
nomic development of the area served by the project;
and
‘‘(6) the extent to which the project design pro-
vides for detailed outcome measurements by which
grant expenditures and the results of the expendi-
tures may be evaluated.
‘‘(b) NO RELOCATION ASSISTANCE.—No financial
assistance authorized by this subtitle shall be used to as-
sist a person or entity in relocating from one area to an-
other, except that financial assistance may be used as oth-
erwise authorized by this title to attract businesses from
outside the region to the region.
286
‘‘(c) REDUCTION OF FUNDS.—Funds may be pro-
vided for a program or project in a State under this sub-
title only if the Authority determines that the level of Fed-
eral or State financial assistance provided under a law
other than this subtitle, for the same type of program or
project in the same area of the State within the region,
will not be reduced as a result of funds made available
by this subtitle.
‘‘SEC. 382I. APPROVAL OF DEVELOPMENT PLANS AND
PROJECTS.
‘‘(a) IN GENERAL.—A State or regional development
plan or any multistate subregional plan that is proposed
for development under this subtitle shall be reviewed by
the Authority.
‘‘(b) EVALUATION BY STATE MEMBER.—An applica-
tion for a grant or any other assistance for a project under
this subtitle shall be made through and evaluated for ap-
proval by the State member of the Authority representing
the applicant.
‘‘(c) CERTIFICATION.—An application for a grant or
other assistance for a project shall be approved only on
certification by the State member that the application for
the project—
‘‘(1) describes ways in which the project com-
plies with any applicable State development plan;
287
‘‘(2) meets applicable criteria under section
382H;
‘‘(3) provides adequate assurance that the pro-
posed project will be properly administered, oper-
ated, and maintained; and
‘‘(4) otherwise meets the requirements of this
subtitle.
‘‘(d) VOTES FOR DECISIONS.—On certification by a
State member of the Authority of an application for a
grant or other assistance for a specific project under this
section, an affirmative vote of the Authority under section
382B(c) shall be required for approval of the application.
‘‘SEC. 382J. CONSENT OF STATES.
‘‘Nothing in this subtitle requires any State to engage
in or accept any program under this subtitle without the
consent of the State.
‘‘SEC. 382K. RECORDS.
‘‘(a) RECORDS OF THE AUTHORITY.—
‘‘(1) IN GENERAL.—The Authority shall main-
tain accurate and complete records of all trans-
actions and activities of the Authority.
‘‘(2) AVAILABILITY.—All records of the Author-
ity shall be available for audit and examination by
the Comptroller General of the United States and
the Inspector General of the Department of Agri-
288
culture (including authorized representatives of the
Comptroller General and the Inspector General of
the Department of Agriculture).
‘‘(b) RECORDS OF RECIPIENTS OF FEDERAL ASSIST-
ANCE.—
‘‘(1) IN
GENERAL.—A recipient of Federal
funds under this subtitle shall, as required by the
Authority, maintain accurate and complete records
of transactions and activities financed with Federal
funds and report on the transactions and activities
to the Authority.
‘‘(2) 
AVAILABILITY.—All 
records 
required
under paragraph (1) shall be available for audit by
the Comptroller General of the United States, the
Inspector General of the Department of Agriculture,
and the Authority (including authorized representa-
tives of the Comptroller General, the Inspector Gen-
eral of the Department of Agriculture, and the Au-
thority).
‘‘(c) ANNUAL AUDIT.—The Inspector General of the
Department of Agriculture shall audit the activities, trans-
actions, and records of the Authority on an annual basis.
‘‘SEC. 382L. ANNUAL REPORT.
‘‘Not later than 180 days after the end of each fiscal
year, the Authority shall submit to the President and to
289
Congress a report describing the activities carried out
under this subtitle.
‘‘SEC. 382M. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) IN GENERAL.—There is authorized to be appro-
priated to the Authority to carry out this subtitle
$30,000,000 for each of fiscal years 2001 through 2002,
to remain available until expended.
‘‘(b) ADMINISTRATIVE EXPENSES.—Not more than 5
percent of the amount appropriated under subsection (a)
for a fiscal year shall be used for administrative expenses
of the Authority.
‘‘SEC. 382N. TERMINATION OF AUTHORITY.
‘‘This subtitle and the authority provided under this
subtitle expire on October 1, 2002.’’.
SEC. 504. AREA COVERED BY LOWER MISSISSIPPI DELTA
DEVELOPMENT COMMISSION.
(a) IN GENERAL.—Section 4(2)(D) of the Delta De-
velopment Act (42 U.S.C. 3121 note; 102 Stat. 2246) is
amended by inserting ‘‘Natchitoches,’’ after ‘‘Winn,’’.
(b) CONFORMING AMENDMENT.—The matter under
the heading ‘‘SALARIES AND EXPENSES’’ under the head-
ing ‘‘FARMERS HOME ADMINISTRATION’’ in title II of
Public Law 100–460 (102 Stat. 2246) is amended in the
fourth proviso by striking ‘‘carry out’’ and all that follows
through ‘‘bills are hereby’’ and inserting ‘‘carry out S.
290
2836, the Delta Development Act, as introduced in the
Senate on September 27, 1988, and that bill is’’.
TITLE VI—DAKOTA WATER RESOURCES ACT OF
2000
SEC. 601. SHORT TITLE.
This title may be cited as the ‘‘Dakota Water Re-
sources Act of 2000’’.
SEC. 602. PURPOSES AND AUTHORIZATION.
Section 1 of Public Law 89–108 (79 Stat. 433; 100
Stat. 418) is amended—
(1) in subsection (a)—
(A) in paragraph (2), by striking ‘‘of’’ and
inserting ‘‘within’’;
(B) in paragraph (5), by striking ‘‘more
timely’’ and inserting ‘‘appropriate’’; and
(C) in paragraph (7), by striking ‘‘feder-
ally-assisted water resource development project
providing irrigation for 130,940 acres of land’’
and inserting ‘‘multipurpose federally assisted
water resource project providing irrigation, mu-
nicipal, rural, and industrial water systems,
fish, wildlife, and other natural resource con-
servation and development, recreation, flood
control, ground water recharge, and augmented
stream flows’’;
291
(2) in subsection (b)—
(A) by inserting ‘‘, jointly with the State of
North Dakota,’’ after ‘‘construct’’;
(B) by striking ‘‘the irrigation of 130,940
acres’’ and inserting ‘‘irrigation’’;
(C) by striking ‘‘fish and wildlife conserva-
tion’’ and inserting ‘‘fish, wildlife, and other
natural resource conservation’’;
(D) by inserting ‘‘augmented stream flows,
ground water recharge,’’ after ‘‘flood control,’’;
and
(E) by inserting ‘‘(as modified by the Da-
kota Water Resources Act of 2000)’’ before the
period at the end;
(3) in subsection (e), by striking ‘‘terminated’’
and all that follows and inserting ‘‘terminated.’’; and
(4) by striking subsections (f ) and (g) and in-
serting the following:
‘‘(f ) COSTS.—
‘‘(1) 
ESTIMATE.—The 
Secretary 
shall
estimate—
‘‘(A) the actual construction costs of the
facilities (including mitigation facilities) in ex-
istence as of the date of enactment of the Da-
kota Water Resources Act of 2000; and
292
‘‘(B) the annual operation, maintenance,
and replacement costs associated with the used
and unused capacity of the features in existence
as of that date.
‘‘(2) REPAYMENT CONTRACT.—An appropriate
repayment contract shall be negotiated that provides
for the making of a payment for each payment pe-
riod in an amount that is commensurate with the
percentage of the total capacity of the project that
is in actual use during the payment period.
‘‘(3) OPERATION AND MAINTENANCE COSTS.—
Except as otherwise provided in this Act or Rec-
lamation Law—
‘‘(A) The Secretary shall be responsible for
the costs of operation and maintenance of the
proportionate share of unit facilities in exist-
ence on the date of enactment of the Dakota
Water Resources Act of 2000 attributable to
the capacity of the facilities (including mitiga-
tion facilities) that remain unused;
‘‘(B) The State of North Dakota shall be
responsible for costs of operation and mainte-
nance of the proportionate share of existing
unit facilities that are used and shall be respon-
sible for the full costs of operation and mainte-
293
nance of any facility constructed after the date
of enactment of the Dakota Water Resources
Act of 2000; and
‘‘(C) The State of North Dakota shall be
responsible for the costs of providing energy to
authorized unit facilities.
‘‘(g) AGREEMENT BETWEEN THE SECRETARY AND
THE STATE.—The Secretary shall enter into one or more
agreements with the State of North Dakota to carry out
this Act, including operation and maintenance of the com-
pleted unit facilities and the design and construction of
authorized new unit facilities by the State.
‘‘(h) BOUNDARY WATERS TREATY OF 1909.—
‘‘(1) DELIVERY OF WATER INTO THE HUDSON
BAY BASIN.—Prior to construction of any water sys-
tems authorized under this Act to deliver Missouri
River water into the Hudson Bay basin, the Sec-
retary, in consultation with the Secretary of State
and the Administrator of the Environmental Protec-
tion Agency, must determine that adequate treat-
ment can be provided to meet the requirements of
the Treaty between the United States and Great
Britain relating to Boundary Waters Between the
United States and Canada, signed at Washington,
January 11, 1909 (26 Stat. 2448; TS 548) (com-
294
monly known as the Boundary Waters Treaty of
1909).
‘‘(2) COSTS.—All costs of construction, oper-
ation, maintenance, and replacement of water treat-
ment and related facilities authorized by this Act
and attributable to meeting the requirements of the
treaty referred to in paragraph (1) shall be non-
reimbursable.’’.
SEC. 603. FISH AND WILDLIFE.
Section 2 of Public Law 89–108 (79 Stat. 433; 100
Stat. 419) is amended—
(1) by striking subsections (b), (c), and (d) and
inserting the following:
‘‘(b) FISH AND WILDLIFE COSTS.—All fish and wild-
life enhancement costs incurred in connection with water-
fowl refuges, waterfowl production areas, and wildlife con-
servation areas proposed for Federal or State administra-
tion shall be nonreimbursable.
‘‘(c) RECREATION AREAS.—
‘‘(1) COSTS.—If non-Federal public bodies con-
tinue to agree to administer land and water areas
approved for recreation and agree to bear not less
than 50 percent of the separable costs of the unit al-
located to recreation and attributable to those areas
and all the costs of operation, maintenance, and re-
295
placement incurred in connection therewith, the re-
mainder of the separable capital costs so allocated
and attributed shall be nonreimbursable.
‘‘(2) APPROVAL.—The recreation areas shall be
approved by the Secretary in consultation and co-
ordination with the State of North Dakota.
‘‘(d) NON-FEDERAL SHARE.—The non-Federal share
of the separable capital costs of the unit allocated to recre-
ation shall be borne by non-Federal interests, using the
following methods, as the Secretary may determine to be
appropriate:
‘‘(1) Services in kind.
‘‘(2) Payment, or provision of lands, interests
therein, or facilities for the unit.
‘‘(3) Repayment, with interest, within 50 years
of first use of unit recreation facilities.’’;
(2) in subsection (e)—
(A) by redesignating paragraphs (1) and
(2) as paragraphs (2) and (3), respectively;
(B) by inserting ‘‘(1)’’ after ‘‘(e)’’;
(C) in paragraph (2) (as redesignated by
subparagraph (A))—
(i) in the first sentence—
(I) by striking ‘‘within ten years
after initial unit operation to admin-
296
ister for recreation and fish and wild-
life enhancement’’ and inserting ‘‘to
administer for recreation’’; and
(II) by striking ‘‘which are not
included within Federal waterfowl ref-
uges and waterfowl production areas’’;
and
(ii) in the second sentence, by striking
‘‘or fish and wildlife enhancement’’; and
(D) in the first sentence of paragraph (3)
(as redesignated by subparagraph (A))—
(i) by striking ‘‘, within ten years
after initial operation of the unit,’’; and
(ii) by striking ‘‘paragraph (1) of this
subsection’’ and inserting ‘‘paragraph (2)’’;
(3) in subsection (f ), by striking ‘‘and fish and
wildlife enhancement’’; and
(4) in subsection ( j)—
(A) in paragraph (1), by striking ‘‘prior to
the completion of construction of Lonetree Dam
and Reservoir’’; and
(B) by adding at the end the following:
‘‘(4) TAAYER RESERVOIR.—Taayer Reservoir is
deauthorized as a project feature. The Secretary,
acting through the Commissioner of Reclamation,
297
shall acquire (including acquisition through donation
or exchange) up to 5,000 acres in the Kraft and
Pickell Slough areas and to manage the area as a
component of the National Wildlife Refuge System
giving consideration to the unique wildlife values of
the area. In acquiring the lands which comprise the
Kraft and Pickell Slough complex, the Secretary
shall acquire wetlands in the immediate vicinity
which may be hydrologically related and nearby up-
lands as may be necessary to provide for proper
management of the complex. The Secretary shall
provide for appropriate visitor access and control at
the refuge.
‘‘(5) DEAUTHORIZATION
OF
LONETREE
DAM
AND RESERVOIR.—The Lonetree Dam and Reservoir
is deauthorized, and the Secretary shall designate
the lands acquired for the former reservoir site as a
wildlife conservation area. The Secretary shall enter
into an agreement with the State of North Dakota
providing for the operation and maintenance of the
wildlife conservation area as an enhancement fea-
ture, the costs of which shall be paid by the Sec-
retary.’’.
298
SEC. 604. INTEREST CALCULATION.
Section 4 of Public Law 89–108 (100 Stat. 435) is
amended by adding at the end the following: ‘‘Interest
during construction shall be calculated only until such
date as the Secretary declares any particular feature to
be substantially complete, regardless of whether the fea-
ture is placed into service.’’.
SEC. 605. IRRIGATION FACILITIES.
Section 5 of Public Law 89–108 (100 Stat. 419) is
amended—
(1) by striking ‘‘SEC. 5. (a)(1)’’ and all that
follows through subsection (c) and inserting the fol-
lowing:
‘‘SEC. 5. IRRIGATION FACILITIES.
‘‘(a) IN GENERAL.—
‘‘(1) AUTHORIZED DEVELOPMENT.—In addition
to the 5,000-acre Oakes Test Area in existence on
the date of enactment of the Dakota Water Re-
sources Act of 2000, the Secretary may develop irri-
gation in—
‘‘(A) the Turtle Lake service area (13,700
acres);
‘‘(B) the McClusky Canal service area
(10,000 acres); and
‘‘(C) if the investment costs are fully reim-
bursed without aid to irrigation from the Pick-
299
Sloan Missouri Basin Program, the New Rock-
ford Canal service area (1,200 acres).
‘‘(2) DEVELOPMENT NOT AUTHORIZED.—None
of the irrigation authorized by this section may be
developed in the Hudson Bay/Devils Lake Basin.
‘‘(3) NO
EXCESS
DEVELOPMENT.—The Sec-
retary shall not develop irrigation in the service
areas described in paragraph (1) in excess of the
acreage specified in that paragraph, except that the
Secretary shall develop up to 28,000 acres of irriga-
tion in other areas of North Dakota (such as the
Elk/Charbonneau, Mon-Dak, Nesson Valley, Horse-
head Flats, and Oliver-Mercer areas) that are not lo-
cated in the Hudson Bay/Devils Lake drainage basin
or James River drainage basin.
‘‘(4) PUMPING POWER.—Irrigation development
authorized by this section shall be considered au-
thorized units of the Pick-Sloan Missouri Basin Pro-
gram and eligible to receive project pumping power.
‘‘(5) PRINCIPAL
SUPPLY
WORKS.—The Sec-
retary shall maintain the Snake Creek Pumping
Plant, New Rockford Canal, and McClusky Canal
features of the principal supply works. Subject to
the provisions of section (8) of this Act, the Sec-
retary shall select a preferred alternative to imple-
300
ment the Dakota Water Resources Act of 2000. In
making this selection, one of the alternatives the
Secretary shall consider is whether to connect the
principal supply works in existence on the date of
enactment.’’;
(2) by redesignating subsections (d), (e), and
(f ) as subsections (b), (c), and (d), respectively;
(3) in the first sentence of subsection (b) (as
redesignated by paragraph (2)), by striking ‘‘(a)(1)’’
and inserting ‘‘(a)’’;
(4) in the first sentence of subsection (c) (as re-
designated by paragraph (2)), by striking ‘‘Lucky
Mound (7,700 acres), Upper Six Mile Creek (7,500
acres)’’ and inserting ‘‘Lucky Mound (7,700 acres)
and Upper Six Mile Creek (7,500 acres), or such
other lands at Fort Berthold of equal acreage as
may be selected by the tribe and approved by the
Secretary,’’; and
(5) by adding at the end the following:
‘‘(e) IRRIGATION REPORT TO CONGRESS.—
‘‘(1) IN GENERAL.—The Secretary shall inves-
tigate and prepare a detailed report on the undesig-
nated 28,000 acres in subsection (a)(3) as to costs
and benefits for any irrigation units to be developed
under Reclamation law.
301
‘‘(2) FINDING.—The report shall include a find-
ing on the economic, financial and engineering feasi-
bility of the proposed irrigation unit, but shall be
limited to the undesignated 28,000 acres.
‘‘(3) AUTHORIZATION.—If the Secretary finds
that the proposed construction is feasible, such irri-
gation units are authorized without further Act of
Congress.
‘‘(4) DOCUMENTATION.—No expenditure for
the construction of facilities authorized under this
section shall be made until after the Secretary, in
cooperation with the State of North Dakota, has
prepared the appropriate documentation in accord-
ance with section 1 and pursuant to the National
Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.) analyzing the direct and indirect impacts of
implementing the report.’’.
SEC. 606. POWER.
Section 6 of Public Law 89–108 (79 Stat. 435; 100
Stat. 421) is amended—
(1) in subsection (b)—
(A) by striking ‘‘Notwithstanding the pro-
visions of’’ and inserting ‘‘Pursuant to the pro-
visions of’’; and
302
(B) by striking ‘‘revenues,’’ and all that
follows and inserting ‘‘revenues.’’; and
(2) by striking subsection (c) and inserting the
following:
‘‘(c) NO INCREASE IN RATES OR EFFECT ON REPAY-
MENT METHODOLOGY.—In accordance with the last sen-
tence of section 302(a)(3) of the Department of Energy
Organization Act (42 U.S.C. 7152(a)(3)), section 1(e)
shall not result in any reallocation of project costs and
shall not result in increased rates to Pick-Sloan Missouri
Basin Program customers. Nothing in the Dakota Water
Resources Act of 2000 alters or affects in any way the
repayment methodology in effect as of the date of enact-
ment of that Act for other features of the Pick-Sloan Mis-
souri Basin Program.’’.
SEC. 607. MUNICIPAL, RURAL, AND INDUSTRIAL WATER
SERVICE.
Section 7 of Public Law 89–108 (100 Stat. 422) is
amended—
(1) in subsection (a)(3)—
(A) in the second sentence—
(i) by striking ‘‘The non-Federal
share’’ and inserting ‘‘Unless otherwise
provided in this Act, the non-Federal
share’’;
304
made after May 12, 1986, that exceeds the
25 percent requirement shall be credited to
the State for future use in municipal,
rural, and industrial projects under this
section.’’; and
(2) by striking subsections (b), (c), and (d) and
inserting the following:
‘‘(b) WATER CONSERVATION PROGRAM.—The State
of North Dakota may use funds provided under sub-
sections (a) and (b)(1)(A) of section 10 to develop and
implement a water conservation program. The Secretary
and the State shall jointly establish water conservation
goals to meet the purposes of the State program and to
improve the availability of water supplies to meet the pur-
poses of this Act. If the State achieves the established
water conservation goals, the non-Federal cost share for
future projects under subsection (a)(3) shall be reduced
to 24.5 percent.
‘‘(c) NONREIMBURSABILITY
OF COSTS.—With re-
spect to the Southwest Pipeline Project, the Northwest
Area Water Supply Project, the Red River Valley Water
Supply Project, and other municipal, industrial, and rural
water systems in North Dakota, the costs of the features
constructed on the Missouri River by the Secretary of the
305
Army before the date of enactment of the Dakota Water
Resources Act of 2000 shall be nonreimbursable.
‘‘(d) INDIAN MUNICIPAL RURAL AND INDUSTRIAL
WATER SUPPLY.—The Secretary shall construct, operate,
and maintain such municipal, rural, and industrial water
systems as the Secretary determines to be necessary to
meet the economic, public health, and environmental needs
of the Fort Berthold, Standing Rock, Turtle Mountain (in-
cluding the Trenton Indian Service Area), and Fort
Totten Indian Reservations and adjacent areas.’’.
SEC. 608. SPECIFIC FEATURES.
(a) SYKESTON CANAL.—Sykeston Canal is hereby de-
authorized.
(b) IN GENERAL.—Public Law 89–108 (100 Stat.
423) is amended by striking section 8 and inserting the
following:
‘‘SEC. 8. SPECIFIC FEATURES.
‘‘(a) 
RED
RIVER
VALLEY
WATER
SUPPLY
PROJECT.—
‘‘(1) IN
GENERAL.—Subject to the require-
ments of this section, the Secretary shall construct
a feature or features to provide water to the
Sheyenne River water supply and release facility or
such other feature or features as are selected under
subsection (d).
306
‘‘(2) DESIGN
AND
CONSTRUCTION.—The fea-
ture or features shall be designed and constructed to
meet only the following water supply requirements
as identified in the report prepared pursuant to sub-
section (b) of this section: Municipal, rural, and in-
dustrial water supply needs; ground water recharge;
and streamflow augmentation.
‘‘(3) COMMENCEMENT OF CONSTRUCTION.—(A)
If the Secretary selects a project feature under this
section that would provide water from the Missouri
River or its tributaries to the Sheyenne River water
supply and release facility or from the Missouri
River or its tributaries to such other conveyance fa-
cility as the Secretary selects under this section, no
later than 90 days after the completion of the final
environmental impact statement, the Secretary shall
transmit to Congress a comprehensive report which
provides—
‘‘(i) a detailed description of the proposed
project feature;
‘‘(ii) a summary of major issues addressed
in the environmental impact statement;
‘‘(iii) likely effects, if any, on other States
bordering the Missouri River and on the State
of Minnesota; and
307
‘‘(iv) a description of how the project fea-
ture complies with the requirements of section
1(h)(1) of this Act (relating to the Boundary
Waters Treaty of 1909).
‘‘(B) No project feature or features that would
provide water from the Missouri River or its tribu-
taries to the Sheyenne River water supply and re-
lease facility or from the Missouri River or its tribu-
taries to such other conveyance facility as the Sec-
retary selects under this section shall be constructed
unless such feature is specifically authorized by an
Act of Congress approved subsequent to the Sec-
retary’s transmittal of the report required in sub-
paragraph (A). If, after complying with subsections
(b) through (d) of this section, the Secretary selects
a feature or features using only in-basin sources of
water to meet the water needs of the Red River Val-
ley identified in subsection (b), such features are au-
thorized without further Act of Congress. The Act of
Congress referred to in this subparagraph must be
an authorization bill, and shall not be a bill making
appropriations.
‘‘(C) The Secretary may not commence con-
struction on the feature until a master repayment
contract or water service agreement consistent with
308
this Act between the Secretary and the appropriate
non-Federal entity has been executed.
‘‘(b) REPORT ON RED RIVER VALLEY WATER NEEDS
AND OPTIONS.—
‘‘(1) IN GENERAL.—The Secretary of the Inte-
rior shall conduct a comprehensive study of the
water quality and quantity needs of the Red River
Valley in North Dakota and possible options for
meeting those needs.
‘‘(2) NEEDS.—The needs addressed in the re-
port shall include such needs as—
‘‘(A) municipal, rural, and industrial water
supplies;
‘‘(B) water quality;
‘‘(C) aquatic environment;
‘‘(D) recreation; and
‘‘(E) water conservation measures.
‘‘(3) PROCESS.—In conducting the study, the
Secretary through an open and public process shall
solicit input from gubernatorial designees from
States that may be affected by possible options to
meet such needs as well as designees from other
Federal agencies with relevant expertise. For any
option that includes an out-of-basin solution, the
Secretary shall consider the effect of the option on
309
other States that may be affected by such option, as
well as other appropriate considerations. Upon com-
pletion, a draft of the study shall be provided by the
Secretary to such States and Federal agencies. Such
States and agencies shall be given not less than 120
days to review and comment on the study method,
findings and conclusions leading to any alternative
that may have an impact on such States or on re-
sources subject to such Federal agencies’ jurisdic-
tion. The Secretary shall receive and take into con-
sideration any such comments and produce a final
report and transmit the final report to Congress.
‘‘(4) LIMITATION.—No design or construction
of any feature or features that facilitate an out-of-
basin transfer from the Missouri River drainage
basin shall be authorized under the provisions of this
subsection.
‘‘(c) ENVIRONMENTAL IMPACT STATEMENT.—
‘‘(1) IN
GENERAL.—Nothing in this section
shall be construed to supersede any requirements
under the National Environmental Policy Act or the
Administrative Procedures Act.
‘‘(2) DRAFT.—
‘‘(A) DEADLINE.—Pursuant to an agree-
ment between the Secretary and State of North
311
statement, a final environmental impact state-
ment shall be prepared and published.
‘‘(B) REPORT
ON
STATUS.—If the Sec-
retary and State of North Dakota cannot pre-
pare and complete a final environmental impact
statement within 1 year of the completion of
the draft environmental impact statement, the
Secretary, in consultation and coordination with
the State of North Dakota, shall report to Con-
gress on the status of this activity, including an
estimate of the date of completion.
‘‘(d) PROCESS FOR SELECTION.—
‘‘(1) IN GENERAL.—After reviewing the final
report required by subsection (b)(1) and complying
with subsection (c), the Secretary, in consultation
and coordination with the State of North Dakota in
coordination with affected local communities, shall
select one or more project features described in sub-
section (a) that will meet the comprehensive water
quality and quantity needs of the Red River Valley.
The Secretary’s selection of an alternative shall be
subject to judicial review.
‘‘(2) AGREEMENTS.—If the Secretary selects an
option under paragraph (1) that uses only in-basin
sources of water, not later than 180 days after the
312
record of decision has been executed, the Secretary
shall enter into a cooperative agreement with the
State of North Dakota to construct the feature or
features selected. If the Secretary selects an option
under paragraph (1) that would require a further
act of Congress under the provisions of subsection
(a), not later than 180 days after the date of enact-
ment of legislation required under subsection (a) the
Secretary shall enter into a cooperative agreement
with the State of North Dakota to construct the fea-
ture or features authorized by that legislation.
‘‘(e) SHEYENNE RIVER WATER SUPPLY AND RE-
LEASE OR ALTERNATE FEATURES.—The Secretary shall
construct, operate, and maintain a Sheyenne River water
supply and release feature (including a water treatment
plant) capable of delivering 100 cubic feet per second of
water or any other amount determined in the reports
under this section, for the cities of Fargo and Grand
Forks and surrounding communities, or such other feature
or features as may be selected under subsection (d).
‘‘(f ) DEVILS LAKE.—No funds authorized under this
Act may be used to carry out the portion of the feasibility
study of the Devils Lake basin, North Dakota, authorized
under the Energy and Water Development Appropriations
Act of 1993 (Public Law 102–377), that addresses the
313
needs of the area for stabilized lake levels through inlet
controls, or to otherwise study any facility or carry out
any activity that would permit the transfer of water from
the Missouri River drainage basin into Devils Lake, North
Dakota.’’.
SEC. 609. OAKES TEST AREA TITLE TRANSFER.
Public Law 89–108 (100 Stat. 423) is amended by
striking section 9 and inserting the following:
‘‘SEC. 9. OAKES TEST AREA TITLE TRANSFER.
‘‘(a) IN GENERAL.—Not later than 2 years after exe-
cution of a record of decision under section 8(d) on wheth-
er to use the New Rockford Canal as a means of delivering
water to the Red River Basin as described in section 8,
the Secretary shall enter into an agreement with the State
of North Dakota, or its designee, to convey title and all
or any rights, interests, and obligations of the United
States in and to the Oakes Test Area as constructed and
operated under Public Law 99–294 (100 Stat. 418) under
such terms and conditions as the Secretary believes would
fully protect the public interest.
‘‘(b) TERMS AND CONDITIONS.—The agreement shall
define the terms and conditions of the transfer of the fa-
cilities, lands, mineral estate, easements, rights-of-way
and water rights including the avoidance of costs that the
314
Federal Government would otherwise incur in the case of
a failure to agree under subsection (d).
‘‘(c) COMPLIANCE.—The action of the Secretary
under this section shall comply with all applicable require-
ments of Federal, State, and local law.
‘‘(d) FAILURE TO AGREE.—If an agreement is not
reached within the time limit specified in subsection (a),
the Secretary shall dispose of the Oakes Test Area facili-
ties under the Federal Property and Administrative Serv-
ices Act of 1949 (40 U.S.C. 471 et seq.).’’.
SEC. 610. AUTHORIZATION OF APPROPRIATIONS.
Section 10 of Public Law 89–108 (100 Stat. 424;
106 Stat. 4669, 4739) is amended—
(1) in subsection (a)—
(A) by striking ‘‘(a)(1) There are author-
ized’’ and inserting the following:
‘‘(a) WATER DISTRIBUTION FEATURES.—
‘‘(1) IN GENERAL.—
‘‘(A) MAIN STEM SUPPLY WORKS.—There
is authorized’’;
(B) in paragraph (1)—
(i) in the first sentence, by striking
‘‘$270,395,000 for carrying out the provi-
sions of section 5(a) through 5(c) and sec-
315
tion 8(a)(1) of this Act’’ and inserting
‘‘$164,000,000 to carry out section 5(a)’’;
(ii) by inserting after subparagraph
(A) (as designated by clause (i)) the fol-
lowing:
‘‘(B) RED RIVER VALLEY WATER SUPPLY
PROJECT.—There is authorized to be appro-
priated 
to 
carry 
out 
section 
8(a)(1)
$200,000,000.’’; and
(iii) by striking ‘‘Such sums’’ and in-
serting the following:
‘‘(C) AVAILABILITY.—Such sums’’; and
(C) in paragraph (2)—
(i) by striking ‘‘(2) There is’’ and in-
serting the following:
‘‘(2) INDIAN IRRIGATION.—
‘‘(A) IN GENERAL.—There is’’;
(ii) by striking ‘‘for carrying out sec-
tion 5(e) of this Act’’ and inserting ‘‘to
carry out section 5(c)’’; and
(iii) by striking ‘‘Such sums’’ and in-
serting the following:
‘‘(B) AVAILABILITY.—Such sums’’;
(2) in subsection (b)—
316
(A) by striking ‘‘(b)(1) There is’’ and in-
serting the following:
‘‘(b) MUNICIPAL, RURAL, AND INDUSTRIAL WATER
SUPPLY.—
‘‘(1) STATEWIDE.—
‘‘(A) INITIAL AMOUNT.—There is’’;
(B) in paragraph (1)—
(i) by inserting before ‘‘Such sums’’
the following:
‘‘(B) ADDITIONAL
AMOUNT.—In addition
to the amount under subparagraph (A), there is
authorized to be appropriated to carry out sec-
tion 7(a) $200,000,000.’’; and
(ii) by striking ‘‘Such sums’’ and in-
serting the following:
‘‘(C) AVAILABILITY.—Such sums’’; and
(C) in paragraph (2)—
(i) by striking ‘‘(2) There are author-
ized to be appropriated $61,000,000’’ and
all that follows through ‘‘Act.’’ and insert-
ing the following:
‘‘(2) INDIAN MUNICIPAL, RURAL, AND INDUS-
TRIAL AND OTHER DELIVERY FEATURES.—
‘‘(A) INITIAL AMOUNT.—There is author-
ized to be appropriated—
317
‘‘(i) to carry out section 8(a)(1),
$40,500,000; and
‘‘(ii) to carry out section 7(d),
$20,500,000.’’;
(ii) by inserting before ‘‘Such sums’’
the following:
‘‘(B) ADDITIONAL AMOUNT.—
‘‘(i) IN GENERAL.—In addition to the
amount under subparagraph (A), there is
authorized to be appropriated to carry out
section 7(d) $200,000,000.
‘‘(ii) 
ALLOCATION.—The 
amount
under clause (i) shall be allocated as fol-
lows:
‘‘(I) $30,000,000 to the Fort
Totten Indian Reservation.
‘‘(II) $70,000,000 to the Fort
Berthold Indian Reservation.
‘‘(IV) $80,000,000 to the Stand-
ing Rock Indian Reservation.
‘‘(V) $20,000,000 to the Turtle
Mountain Indian Reservation.’’; and
(iii) by striking ‘‘Such sums’’ and in-
serting the following:
‘‘(C) AVAILABILITY.—Such sums’’;
318
(3) in subsection (c)—
(A) by striking ‘‘(c) There is’’ and insert-
ing the following:
‘‘(c) RESOURCES TRUST AND OTHER PROVISIONS.—
‘‘(1) INITIAL AMOUNT.—There is’’; and
(B) by striking the second and third sen-
tences and inserting the following:
‘‘(2) ADDITIONAL
AMOUNT.—In addition to
amount under paragraph (1), there are authorized
to be appropriated—
‘‘(A) $6,500,000 to carry out recreational
projects; and
‘‘(B) an additional $25,000,000 to carry
out section 11;
to remain available until expended.
‘‘(3) RECREATIONAL PROJECTS.—Of the funds
authorized under paragraph (2) for recreational
projects, up to $1,500,000 may be used to fund a
wetland interpretive center in the State of North
Dakota.
‘‘(4) OPERATION AND MAINTENANCE.—
‘‘(A) IN GENERAL.—There are authorized
to be appropriated such sums as are necessary
for operation and maintenance of the unit (in-
319
cluding the mitigation and enhancement fea-
tures).
‘‘(B) AUTHORIZATION
LIMITS.—Expendi-
tures for operation and maintenance of features
substantially completed and features con-
structed before the date of enactment of the
Dakota Water Resources Act of 2000, including
funds expended for such purposes since the
date of enactment of Public Law 99–294, shall
not be counted against the authorization limits
in this section.
‘‘(5) MITIGATION AND ENHANCEMENT LAND.—
On or about the date on which the features author-
ized by section 8(a) are operational, a separate ac-
count in the Natural Resources Trust authorized by
section 11 shall be established for operation and
maintenance of the mitigation and enhancement
land associated with the unit.’’; and
(4) by striking subsection (e) and inserting the
following:
‘‘(e) INDEXING.—The $200,000,000 amount under
subsection (b)(1)(B), the $200,000,000 amount under
subsection (a)(1)(B), and the funds authorized under sub-
section (b)(2) shall be indexed as necessary to allow for
ordinary fluctuations of construction costs incurred after
320
the date of enactment of the Dakota Water Resources Act
of 2000 as indicated by engineering cost indices applicable
for the type of construction involved. All other authorized
cost ceilings shall remain unchanged.’’.
SEC. 611. NATURAL RESOURCES TRUST.
Section 11 of Public Law 89–108 (100 Stat. 424)
is amended—
(1) by striking subsection (a) and inserting the
following:
‘‘(a) CONTRIBUTION.—
‘‘(1) INITIAL AUTHORIZATION.—
‘‘(A) IN GENERAL.—From the sums appro-
priated under section 10 for the Garrison Di-
version Unit, the Secretary shall make an an-
nual Federal contribution to a Natural Re-
sources Trust established by non-Federal inter-
ests in accordance with subsection (b) and oper-
ated in accordance with subsection (c).
‘‘(B) AMOUNT.—The total amount of Fed-
eral contributions under subparagraph (A) shall
not exceed $12,000,000.
‘‘(2) ADDITIONAL AUTHORIZATION.—
‘‘(A) IN
GENERAL.—In addition to the
amount authorized in paragraph (1), the Sec-
retary shall make annual Federal contributions
321
to the Natural Resources Trust until the
amount authorized by section 10(c)(2)(B) is
reached, in the manner stated in subparagraph
(B).
‘‘(B) ANNUAL AMOUNT.—The amount of
the contribution under subparagraph (A) for
each fiscal year shall be the amount that is
equal to 5 percent of the total amount that is
appropriated for the fiscal year under sub-
sections (a)(1)(B) and (b)(1)(B) of section
10.’’.
(2) in subsection (b), by striking ‘‘Wetlands
Trust’’ and inserting ‘‘Natural Resources Trust’’;
and
(3) in subsection (c)—
(A) by striking ‘‘Wetland Trust’’ and in-
serting ‘‘Natural Resources Trust’’;
(B) by striking ‘‘are met’’ and inserting
‘‘is met’’;
(C) in paragraph (1), by inserting ‘‘, grass-
land conservation and riparian areas’’ after
‘‘habitat’’; and
(D) in paragraph (2), by adding at the end
the following:
322
‘‘(C) The power to fund incentives for con-
servation practices by landowners.’’.
TITLE VII
SEC. 701. FINDINGS.
Congress finds that—
(1) there is a continuing need for reconciliation
between Indians and non-Indians;
(2) the need may be met partially through the
promotion of the understanding of the history and
culture of Sioux Indian tribes;
(3) the establishment of a Sioux Nation Tribal
Supreme Court will promote economic development
on reservations of the Sioux Nation and provide in-
vestors that contribute to that development a greater
degree of certainty and confidence by—
(A) reconciling conflicting tribal laws; and
(B) strengthening tribal court systems;
(4) the reservations of the Sioux Nation—
(A) contain the poorest counties in the
United States; and
(B) lack adequate tools to promote eco-
nomic development and the creation of jobs;
(5) the establishment of a Native American
Economic Development Council will assist in pro-
323
moting economic growth and reducing poverty on
reservations of the Sioux Nation by—
(A) coordinating economic development ef-
forts;
(B) centralizing expertise concerning Fed-
eral assistance; and
(C) facilitating the raising of funds from
private donations to meet matching require-
ments under certain Federal assistance pro-
grams;
(6) there is a need to enhance and strengthen
the capacity of Indian tribal governments and tribal
justice systems to address conflicts which impair re-
lationships within Indian communities and between
Indian and non-Indian communities and individuals;
and
(7) the establishment of the National Native
American Mediation Training Center, with the tech-
nical assistance of tribal and Federal agencies, in-
cluding the Community Relations Service of the De-
partment of Justice, would enhance and strengthen
the mediation skills that are useful in reducing ten-
sions and resolving conflicts in Indian communities
and between Indian and non-Indian communities
and individuals.
324
SEC. 702. DEFINITIONS.
In this title:
(1) INDIAN TRIBE.—The term ‘‘Indian tribe’’
has the meaning given that term in section 4(e) of
the Indian Self-Determination and Education Assist-
ance Act (25 U.S.C. 450b(e)).
(2) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
(3) SIOUX NATION.—The term ‘‘Sioux Nation’’
means the Indian tribes comprising the Sioux Na-
tion.
SEC. 703. RECONCILIATION CENTER.
(a) ESTABLISHMENT.—The Secretary of Housing
and Urban Development, in cooperation with the Sec-
retary, shall establish, in accordance with this section, a
reconciliation center, to be known as ‘‘Reconciliation
Place’’.
(b) LOCATION.—Notwithstanding any other provision
of law, the Secretary shall take into trust for the benefit
of the Sioux Nation the parcel of land in Stanley County,
South Dakota, that is described as ‘‘The Reconciliation
Place Addition’’ that is owned on the date of enactment
of this Act by the Wakpa Sica Historical Society, Inc.,
for the purpose of establishing and operating The Rec-
onciliation Place.
325
(c) PURPOSES.—The purposes of Reconciliation
Place shall be as follows:
(1) To enhance the knowledge and under-
standing of the history of Native Americans by—
(A) displaying and interpreting the history,
art, and culture of Indian tribes for Indians
and non-Indians; and
(B) providing an accessible repository
for—
(i) the history of Indian tribes; and
(ii) the family history of members of
Indian tribes.
(2) To provide for the interpretation of the en-
counters between Lewis and Clark and the Sioux
Nation.
(3) To house the Sioux Nation Tribal Supreme
Court.
(4) To house the Native American Economic
Development Council.
(5) To house the National Native American Me-
diation Training Center to train tribal personnel in
conflict resolution and alternative dispute resolution.
(d) GRANT.—
(1) IN GENERAL.—The Secretary of Housing
and Urban Development shall offer to award a grant
326
to the Wakpa Sica Historical Society of Fort Pierre,
South Dakota, for the construction of Reconciliation
Place.
(2) GRANT AGREEMENT.—
(A) IN GENERAL.—As a condition to re-
ceiving the grant under this subsection, the ap-
propriate official of the Wakpa Sica Historical
Society shall enter into a grant agreement with
the Secretary of Housing and Urban Develop-
ment.
(B) CONSULTATION.—Before entering into
a grant agreement under this paragraph, the
Secretary of Housing and Urban Development
shall consult with the Secretary concerning the
contents of the agreement.
(C) DUTIES OF THE WAKPA SICA HISTOR-
ICAL
SOCIETY.—The grant agreement under
this paragraph shall specify the duties of the
Wakpa Sica Historical Society under this sec-
tion and arrangements for the maintenance of
Reconciliation Place.
(3) AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated to the De-
partment of Housing and Urban Development
327
$18,258,441, to be used for the grant under this
section.
SEC. 704. SIOUX NATION SUPREME COURT AND NATIONAL
NATIVE 
AMERICAN 
MEDIATION 
TRAINING
CENTER.
(a) IN GENERAL.—To ensure the development and
operation of the Sioux Nation Tribal Supreme Court and
the National Native American Mediation Training Center,
the Attorney General of the United States shall use avail-
able funds to provide technical and financial assistance to
the Sioux Nation.
(b) AUTHORIZATION OF APPROPRIATIONS.—To carry
out this section, there are authorized to be appropriated
to the Department of Justice such sums as are necessary.
TITLE VIII—ERIE CANALWAY NATIONAL
HERITAGE CORRIDOR
SEC. 801. SHORT TITLE; DEFINITIONS.
(a) SHORT TITLE.—This title may be cited as the
‘‘Erie Canalway National Heritage Corridor Act’’.
(b) DEFINITIONS.—For the purposes of this title, the
following definitions shall apply:
(1) 
ERIE
CANALWAY.—The 
term 
‘‘Erie
Canalway’’ means the 524 miles of navigable canal
that comprise the New York State Canal System, in-
cluding the Erie, Cayuga and Seneca, Oswego, and
328
Champlain Canals and the historic alignments of
these canals, including the cities of Albany and Buf-
falo.
(2) CANALWAY
PLAN.—The term ‘‘Canalway
Plan’’ means the comprehensive preservation and
management plan for the Corridor required under
section 806.
(3) COMMISSION.—The term ‘‘Commission’’
means the Erie Canalway National Heritage Cor-
ridor Commission established under section 804.
(4) CORRIDOR.—The term ‘‘Corridor’’ means
the Erie Canalway National Heritage Corridor es-
tablished under section 803.
(5) GOVERNOR.—The term ‘‘Governor’’ means
the Governor of the State of New York.
(6) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
SEC. 802. FINDINGS AND PURPOSES.
(a) FINDINGS.—Congress finds that—
(1) the year 2000 marks the 175th Anniversary
of New York State’s creation and stewardship of the
Erie Canalway for commerce, transportation, and
recreational purposes, establishing the network
which made New York the ‘‘Empire State’’ and the
Nation’s premier commercial and financial center;
329
(2) the canals and adjacent areas that comprise
the Erie Canalway are a nationally significant re-
source of historic and recreational value, which merit
Federal recognition and assistance;
(3) the Erie Canalway was instrumental in the
establishment of strong political and cultural ties be-
tween New England, upstate New York, and the old
Northwest and facilitated the movement of ideas and
people ensuring that social reforms like the abolition
of slavery and the women’s rights movement spread
across upstate New York to the rest of the country;
(4) the construction of the Erie Canalway was
considered a supreme engineering feat, and most
American canals were modeled after New York
State’s canal;
(5) at the time of construction, the Erie
Canalway was the largest public works project ever
undertaken by a State, resulting in the creation of
critical transportation and commercial routes to
transport passengers and goods;
(6) the Erie Canalway played a key role in
turning New York City into a major port and New
York State into the preeminent center for commerce,
industry, and finance in North America and pro-
vided a permanent commercial link between the Port
330
of New York and the cities of eastern Canada, a cor-
nerstone of the peaceful relationship between the two
countries;
(7) the Erie Canalway proved the depth and
force of American ingenuity, solidified a national
identity, and found an enduring place in American
legend, song, and art;
(8) there is national interest in the preservation
and interpretation of the Erie Canalway’s important
historical, natural, cultural, and scenic resources;
and
(9) partnerships among Federal, State, and
local governments and their regional entities, non-
profit organizations, and the private sector offer the
most effective opportunities for the preservation and
interpretation of the Erie Canalway.
(b) PURPOSES.—The purposes of this title are—
(1) to designate the Erie Canalway National
Heritage Corridor;
(2) to provide for and assist in the identifica-
tion, preservation, promotion, maintenance, and in-
terpretation of the historical, natural, cultural, sce-
nic, and recreational resources of the Erie Canalway
in ways that reflect its national significance for the
benefit of current and future generations;
331
(3) to promote and provide access to the Erie
Canalway’s historical, natural, cultural, scenic, and
recreational resources;
(4) to provide a framework to assist the State
of New York, its units of local government, and the
communities within the Erie Canalway in the devel-
opment of integrated cultural, historical, rec-
reational, economic, and community development
programs in order to enhance and interpret the
unique and nationally significant resources of the
Erie Canalway; and
(5) to authorize Federal financial and technical
assistance to the Commission to serve these pur-
poses for the benefit of the people of the State of
New York and the Nation.
SEC. 803. THE ERIE CANALWAY NATIONAL HERITAGE COR-
RIDOR.
(a) ESTABLISHMENT.—To carry out the purposes of
this title there is established the Erie Canalway National
Heritage Corridor in the State of New York.
(b) BOUNDARIES.—The boundaries of the Corridor
shall include those lands generally depicted on a map enti-
tled ‘‘Erie Canalway National Heritage Area’’ numbered
ERIE/80,000 and dated October 2000. This map shall be
on file and available for public inspection in the appro-
332
priate office of the National Park Service, the office of
the Commission, and the office of the New York State
Canal Corporation in Albany, New York.
(c) OWNERSHIP AND OPERATION OF THE NEW YORK
STATE CANAL SYSTEM.—The New York State Canal Sys-
tem shall continue to be owned, operated, and managed
by the State of New York.
SEC. 804. THE ERIE CANALWAY NATIONAL HERITAGE COR-
RIDOR COMMISSION.
(a) ESTABLISHMENT.—There is established the Erie
Canalway National Heritage Corridor Commission. The
purpose of the Commission shall be—
(1) to work with Federal, State, and local au-
thorities to develop and implement the Canalway
Plan; and
(2) to foster the integration of canal-related his-
torical, cultural, recreational, scenic, economic, and
community development initiatives within the Cor-
ridor.
(b) MEMBERSHIP.—The Commission shall be com-
posed of 27 members as follows:
(1) The Secretary of the Interior, ex officio or
the Secretary’s designee.
(2) Seven members, appointed by the Secretary
after consideration of recommendations submitted by
333
the Governor and other appropriate officials, with
knowledge and experience of the following agencies
or those agencies’ successors: The New York State
Secretary of State, the New York State Department
of Environment Conservation, the New York State
Office of Parks, Recreation and Historic Preserva-
tion, the New York State Department of Agriculture
and Markets, the New York State Department of
Transportation, and the New York State Canal Cor-
poration, and the Empire State Development Cor-
poration.
(3) The remaining 19 members who reside
within the Corridor and are geographically dispersed
throughout the Corridor shall be from local govern-
ments and the private sector with knowledge of tour-
ism, economic and community development, regional
planning, historic preservation, cultural or natural
resource management, conservation, recreation, and
education or museum services. These members will
be appointed by the Secretary as follows:
(A) Eleven members based on a rec-
ommendation from each member of the United
States House of Representatives whose district
shall encompass the Corridor. Each shall be a
334
resident of the district from which they shall be
recommended.
(B) Two members based on a rec-
ommendation from each United States Senator
from New York State.
(C) Six members who shall be residents of
any county constituting the Corridor. One such
member shall have knowledge and experience of
the Canal Recreationway Commission.
(c) APPOINTMENTS AND VACANCIES.—Members of
the Commission other than ex officio members shall be
appointed for terms of 3 years. Of the original appoint-
ments, six shall be for a term of 1 year, six shall be for
a term of 2 years, and seven shall be for a term of 3 years.
Any member of the Commission appointed for a definite
term may serve after expiration of the term until the suc-
cessor of the member is appointed. Any member appointed
to fill a vacancy shall serve for the remainder of the term
for which the predecessor was appointed. Any vacancy on
the Commission shall be filled in the same manner in
which the original appointment was made.
(d) COMPENSATION.—Members of the Commission
shall receive no compensation for their service on the Com-
mission. Members of the Commission, other than employ-
ees of the State and Canal Corporation, while away from
335
their homes or regular places of business to perform serv-
ices for the Commission, shall be allowed travel expenses,
including per diem in lieu of subsistence, in the same man-
ner as persons employed intermittently in Government
service are allowed under section 5703 of title 5, United
States Code.
(e) ELECTION OF OFFICES.—The Commission shall
elect the chairperson and the vice chairperson on an an-
nual basis. The vice chairperson shall serve as the chair-
person in the absence of the chairperson.
(f ) QUORUM AND VOTING.—Fourteen members of
the Commission shall constitute a quorum but a lesser
number may hold hearings. Any member of the Commis-
sion may vote by means of a signed proxy exercised by
another member of the Commission, however, any member
voting by proxy shall not be considered present for pur-
poses of establishing a quorum. For the transaction of any
business or the exercise of any power of the Commission,
the Commission shall have the power to act by a majority
vote of the members present at any meeting at which a
quorum is in attendance.
(g) MEETINGS.—The Commission shall meet at least
quarterly at the call of the chairperson or 14 of its mem-
bers. Notice of Commission meetings and agendas for the
meeting shall be published in local newspapers throughout
336
the Corridor. Meetings of the Commission shall be subject
to section 552b of title 5, United States Code (relating
to open meetings).
(h) POWERS OF THE COMMISSION.—To the extent
that Federal funds are appropriated, the Commission is
authorized—
(1) to procure temporary and intermittent serv-
ices and administrative facilities at rates determined
to be reasonable by the Commission to carry out the
responsibilities of the Commission;
(2) to request and accept the services of per-
sonnel detailed from the State of New York or any
political subdivision, and to reimburse the State or
political subdivision for such services;
(3) to request and accept the services of any
Federal agency personnel, and to reimburse the Fed-
eral agency for such services;
(4) to appoint and fix the compensation of staff
to carry out its duties;
(5) to enter into cooperative agreements with
the State of New York, with any political subdivision
of the State, or any person for the purposes of car-
rying out the duties of the Commission;
(6) to make grants to assist in the preparation
and implementation of the Canalway Plan;
337
(7) to seek, accept, and dispose of gifts, be-
quests, grants, or donations of money, personal
property, or services, received from any source. For
purposes of section 170(c) of the Internal Revenue
Code of 1986, any gift to the Commission shall be
deemed to be a gift to the United States;
(8) to assist others in developing educational,
informational, and interpretive programs and facili-
ties, and other such activities that may promote the
implementation of the Canalway Plan;
(9) to hold hearings, sit and act at such times
and places, take such testimony, and receive such
evidence, as the Commission may consider appro-
priate; the Commission may not issue subpoenas or
exercise any subpoena authority;
(10) to use the United States mails in the same
manner as other departments or agencies of the
United States;
(11) to request and receive from the Adminis-
trator of General Services, on a reimbursable basis,
such administrative support services as the Commis-
sion may request; and
(12) to establish such advisory groups as the
Commission deems necessary.
338
(i) ACQUISITION OF PROPERTY.—Except as provided
for 
leasing 
administrative 
facilities 
under 
section
804(h)(1), the Commission may not acquire any real prop-
erty or interest in real property.
( j) TERMINATION.—The Commission shall terminate
on the day occurring 10 years after the date of enactment
of this title.
SEC. 805. DUTIES OF THE COMMISSION.
(a) PREPARATION OF CANALWAY PLAN.—Not later
than 3 years after the Commission receives Federal fund-
ing for this purpose, the Commission shall prepare and
submit a comprehensive preservation and management
Canalway Plan for the Corridor to the Secretary and the
Governor for review and approval. In addition to the re-
quirements outlined for the Canalway Plan in section 806,
the Canalway Plan shall incorporate and integrate existing
Federal, State, and local plans to the extent appropriate
regarding historic preservation, conservation, education
and interpretation, community development, and tourism-
related economic development for the Corridor that are
consistent with the purpose of this title. The Commission
shall solicit public comment on the development of the
Canalway Plan.
(b) IMPLEMENTATION OF CANALWAY PLAN.—After
the Commission receives Federal funding for this purpose,
339
and after review and upon approval of the Canalway Plan
by the Secretary and the Governor, the Commission
shall—
(1) 
undertake 
action 
to 
implement 
the
Canalway Plan so as to assist the people of the
State of New York in enhancing and interpreting
the historical, cultural, educational, natural, scenic,
and recreational potential of the Corridor identified
in the Canalway Plan; and
(2) support public and private efforts in con-
servation and preservation of the Canalway’s cul-
tural and natural resources and economic revitaliza-
tion consistent with the goals of the Canalway Plan.
(c) PRIORITY ACTIONS.—Priority actions which may
be carried out by the Commission under section 805(b),
include—
(1) assisting in the appropriate preservation
treatment of the remaining elements of the original
Erie Canal;
(2) assisting State, local governments, and non-
profit organizations in designing, establishing, and
maintaining visitor centers, museums, and other in-
terpretive exhibits in the Corridor;
340
(3) assisting in the public awareness and appre-
ciation for the historic, cultural, natural, scenic, and
recreational resources and sites in the Corridor;
(4) assisting the State of New York, local gov-
ernments, and nonprofit organizations in the preser-
vation and restoration of any historic building, site,
or district in the Corridor;
(5) encouraging, by appropriate means, en-
hanced economic development in the Corridor con-
sistent with the goals of the Canalway Plan and the
purposes of this title; and
(6) ensuring that clear, consistent signs identi-
fying access points and sites of interest are put in
place in the Corridor.
(d) ANNUAL REPORTS AND AUDITS.—For any year
in which Federal funds have been received under this title,
the Commission shall submit an annual report and shall
make available an audit of all relevant records to the Gov-
ernor and the Secretary identifying its expenses and any
income, the entities to which any grants or technical as-
sistance were made during the year for which the report
was made, and contributions by other parties toward
achieving Corridor purposes.
341
SEC. 806. CANALWAY PLAN.
(a) 
CANALWAY
PLAN
REQUIREMENTS.—The
Canalway Plan shall—
(1) include a review of existing plans for the
Corridor, including the Canal Recreationway Plan
and Canal Revitalization Program, and incorporate
them to the extent feasible to ensure consistence
with local, regional, and State planning efforts;
(2) provide a thematic inventory, survey, and
evaluation of historic properties that should be con-
served, restored, developed, or maintained because of
their natural, cultural, or historic significance within
the Corridor in accordance with the regulations for
the National Register of Historic Places;
(3) identify public and private-sector preserva-
tion goals and strategies for the Corridor;
(4) include a comprehensive interpretive plan
that identifies, develops, supports, and enhances in-
terpretation and education programs within the Cor-
ridor that may include—
(A) research related to the construction
and history of the canals and the cultural herit-
age of the canal workers, their families, those
that traveled along the canals, the associated
farming activities, the landscape, and the com-
munities;
342
(B) documentation of and methods to sup-
port the perpetuation of music, art, poetry, lit-
erature and folkways associated with the canals;
and
(C) educational and interpretative pro-
grams related to the Erie Canalway developed
in cooperation with State and local govern-
ments, educational institutions, and nonprofit
institutions;
(5) include a strategy to further the rec-
reational development of the Corridor that will en-
able users to uniquely experience the canal system;
(6) propose programs to protect, interpret, and
promote the Corridor’s historical, cultural, rec-
reational, educational, scenic, and natural resources;
(7) include an inventory of canal-related nat-
ural, cultural and historic sites and resources located
in the Area;
(8) recommend Federal, State, and local strate-
gies and policies to support economic development,
especially tourism-related development and recre-
ation, consistent with the purposes of the Corridor;
(9) develop criteria and priorities for financial
preservation assistance;
343
(10) identify and foster strong cooperative rela-
tionships between the National Park Service, the
New York State Canal Corporation, other Federal
and State agencies, and nongovernmental organiza-
tions;
(11) recommend specific areas for development
of interpretive, educational, and technical assistance
centers associated with the Corridor; and
(12) contain a program for implementation of
the Canalway Plan by all necessary parties.
(b) APPROVAL OF THE CANALWAY PLAN.—The Sec-
retary and the Governor shall approve or disapprove the
Canalway Plan not later than 90 days after receiving the
Canalway Plan.
(c) CRITERIA.—The Secretary may not approve the
plan unless the Secretary finds that the plan, if imple-
mented, would adequately protect the significant histor-
ical, cultural, natural, and recreational resources of the
Corridor and consistent with such protection provide ade-
quate and appropriate outdoor recreational opportunities
and economic activities within the Corridor. In deter-
mining whether or not to approve the Canalway Plan, the
Secretary shall consider whether—
(1) the Commission has afforded adequate op-
portunity, including public hearings, for public and
344
governmental involvement in the preparation of the
Canalway Plan; and
(2) the Secretary has received adequate assur-
ances from the Governor and appropriate State offi-
cials that the recommended implementation program
identified in the plan will be initiated within a rea-
sonable time after the date of approval of the
Canalway Plan and such program will ensure effec-
tive implementation of State and local aspects of the
Canalway Plan.
(d) DISAPPROVAL OF CANALWAY PLAN.—If the Sec-
retary or the Governor do not approve the Canalway Plan,
the Secretary or the Governor shall advise the Commission
in writing within 90 days the reasons therefore and shall
indicate any recommendations for revisions. Following
completion of any necessary revisions of the Canalway
Plan, the Secretary and the Governor shall have 90 days
to either approve or disapprove of the revised Canalway
Plan.
(e) AMENDMENTS TO CANALWAY PLAN.—The Sec-
retary and the Governor shall review substantial amend-
ments to the Canalway Plan. Funds appropriated pursu-
ant to this title may not be expended to implement the
changes made by such amendments until the Secretary
and the Governor approve the amendments.
345
SEC. 807. DUTIES OF THE SECRETARY.
(a) IN GENERAL.—The Secretary is authorized to as-
sist the Commission in the preparation of the Canalway
Plan.
(b) TECHNICAL ASSISTANCE.—Pursuant to an ap-
proved Canalway Plan, the Secretary is authorized to
enter into cooperative agreements with, provide technical
assistance to and award grants to the Commission to pro-
vide for the preservation and interpretation of the natural,
cultural, historical, recreational, and scenic resources of
the Corridor, if requested by the Commission.
(c) EARLY ACTIONS.—Prior to approval of the
Canalway Plan, with the approval of the Commission, the
Secretary may provide technical and planning assistance
for early actions that are important to the purposes of
this title and that protect and preserve resources.
(d) CANALWAY PLAN IMPLEMENTATION.—Upon ap-
proval of the Canalway Plan, the Secretary is authorized
to implement those activities that the Canalway Plan has
identified that are the responsibility of the Secretary or
agent of the Secretary to undertake in the implementation
of the Canalway Plan.
(e) DETAIL.—Each fiscal year during the existence
of the Commission and upon the request of the Commis-
sion, the Secretary shall detail to the Commission, on a
nonreimbursable basis, two employees of the Department
346
of the Interior to enable the Commission to carry out the
Commission’s duties with regard to the preparation and
approval of the Canalway Plan. Such detail shall be with-
out interruption or loss of civil service status, benefits, or
privileges.
SEC. 808. DUTIES OF OTHER FEDERAL ENTITIES.
Any Federal entity conducting or supporting any ac-
tivity directly affecting the Corridor, and any unit of Gov-
ernment acting pursuant to a grant of Federal funds or
a Federal permit or agreement conducting or supporting
such activities may—
(1) consult with the Secretary and the Commis-
sion with respect to such activities;
(2) cooperate with the Secretary and the Com-
mission in carrying out their duties under this title
and coordinate such activities with the carrying out
of such duties; and
(3) conduct or support such activities in a man-
ner consistent with the Canalway Plan unless the
Federal entity, after consultation with the Secretary
and the Commission, determines there is no prac-
ticable alternative.
SEC. 809. SAVINGS PROVISIONS.
(a) AUTHORITY OF GOVERNMENTS.—Nothing in this
title shall be construed to modify, enlarge, or diminish any
347
authority of the Federal, State, or local governments to
regulate any use of land as provided for by law or regula-
tion.
(b) ZONING OR LAND.—Nothing in this title shall be
construed to grant powers of zoning or land use to the
Commission.
(c) LOCAL AUTHORITY AND PRIVATE PROPERTY.—
Nothing in this title shall be construed to affect or to au-
thorize the Commission to interfere with—
(1) the rights of any person with respect to pri-
vate property;
(2) any local zoning ordinance or land use plan
of the State of New York or political subdivision
thereof; or
(3) any State or local canal-related development
plans including but not limited to the Canal
Recreationway Plan and the Canal Revitalization
Program.
(d) FISH AND WILDLIFE.—The designation of the
Corridor shall not be diminish the authority of the State
of New York to manage fish and wildlife, including the
regulation of fishing and hunting within the Corridor.
SEC. 810. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—
348
(1) CORRIDOR.—There is authorized to be ap-
propriated 
for 
the 
Corridor 
not 
more 
than
$1,000,000 for any fiscal year. Not more than a
total of $10,000,000 may be appropriated for the
Corridor under this title.
(2) MATCHING REQUIREMENT.—Federal fund-
ing provided under this paragraph may not exceed
50 percent of the total cost of any activity carried
out with such funds. The non-Federal share of such
support may be in the form of cash, services, or in-
kind contributions, fairly valued.
(b) OTHER FUNDING.—In addition to the sums au-
thorized in subsection (a), there are authorized to be ap-
propriated to the Secretary of the Interior such sums as
are necessary for the Secretary for planning and technical
assistance.
TITLE IX—LAW ENFORCEMENT PAY EQUITY
SEC. 901. SHORT TITLE.
This title may be cited as the ‘‘Law Enforcement Pay
Equity Act of 2000’’.
349
SEC. 902. ESTABLISHMENT OF UNIFORM SALARY SCHED-
ULE FOR UNITED STATES SECRET SERVICE
UNIFORMED DIVISION AND UNITED STATES
PARK POLICE.
(a) IN GENERAL.—Section 501(c)(1) of the District
of Columbia Police and Firemen’s Salary Act of 1958 (sec.
4–416(c)(1), D.C. Code) is amended to read as follows:
‘‘(c)(1) The annual rates of basic compensation of of-
ficers and members of the United States Secret Service
Uniformed Division and the United States Park Police,
serving in classes corresponding or similar to those in the
salary schedule in section 101, shall be fixed in accordance
with the following schedule of rates:
‘‘Salary class and title
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Step 7
Time between steps
52 weeks
104 weeks
Years in service
1: Private ........................
32,623
34,587
36,626
38,306
41,001
43,728
45,407
3: Detective .....................
42,378
44,502
46,620
48,746
50,837
4: Sergeant ......................
46,151
48,446
50,746
53,056
5: Lieutenant 1 ................
50,910
53,462
56,545
7: Captain 1 .....................
59,802
62,799
8: Inspector/Major 1 ........
69,163
72,760
9: Deputy Chief 1 ............
79,768
85,158
10: Assistant Chief 2
11: Chief, United States
Secret Service Uni-
formed Division,
United States Park Po-
lice 3
1 The rate of basic pay for positions in Salary Class 5, 7, 8, and 9 is limited to 95 percent of the rate of pay for
level V of the Executive Schedule.
2 The rate of basic pay for positions in Salary Class 10 will be equal to 95 percent of the rate of pay for level V
of the Executive Schedule.
3 The rate of basic pay for positions in Salary Class 11 will be equal to the rate of pay for level V of the Execu-
tive Schedule.
‘‘Salary class and title
Step 8
Step 9
Step 10
Step 11
Step 12
Step 13
Step 14
Time between steps
104 weeks
156 weeks
208 weeks
Years in service
1: Private ........................
47,107
48,801
50,498
53,448
55,394
57,036
58,746
3: Detective .....................
52,972
55,086
57,204
61,212
63,337
65,462
67,426
4: Sergeant ......................
55,372
57,691
59,999
63,558
65,867
68,176
70,221
5: Lieutenant 1 ................
59,120
61,688
64,258
68,197
70,744
73,290
75,489
7: Captain 1 .....................
65,797
68,757
71,747
76,292
79,309
82,325
84,796
8: Inspector/Major 1 ........
76,542
80,524
83,983
87,645
91,827
95,464
99,075
9: Deputy Chief 1 ............
90,578
95,980
99,968
103,957
107,945
111,933
115,291
10: Assistant Chief 2
350
‘‘Salary class and title
Step 8
Step 9
Step 10
Step 11
Step 12
Step 13
Step 14
11: Chief, United States
Secret Service Uni-
formed Division,
United States Park Po-
lice 3
1 The rate of basic pay for positions in Salary Class 5, 7, 8, and 9 is limited to 95 percent of the rate of pay for
level V of the Executive Schedule.
2 The rate of basic pay for positions in Salary Class 10 will be equal to 95 percent of the rate of pay for level V
of the Executive Schedule.
3 The rate of basic pay for positions in Salary Class 11 will be equal to the rate of pay for level V of the Execu-
tive Schedule.
(b) FREEZE
OF CURRENT RATE
FOR LOCALITY-
BASED
COMPARABILITY
ADJUSTMENTS.—Notwith-
standing any other provision of law, including this title
or any provision of law amended by this title, no officer
or member of the United States Secret Service Uniformed
Division or the United States Park Police may be paid
locality pay under section 5304 or section 5304a of title
5, United States Code, at a percentage rate for the appli-
cable locality in excess of the rate in effect for pay periods
during calendar year 2000.
(c) CONFORMING AMENDMENTS.—
(1) APPLICATION OF PROVISIONS TO PARK PO-
LICE.—Section 501(c) of such Act (sec. 4–416(c),
D.C. Code) is amended—
(A) in paragraph (2), by striking ‘‘Treas-
ury’’ and inserting the following: ‘‘Treasury,
and the annual rates of basic compensation of
officers and members of the United States Park
Police shall be adjusted by the Secretary of the
Interior,’’;
351
(B) in paragraph (5), by inserting after
‘‘Uniformed Division’’ the following: ‘‘or officers
and members of the United States Park Po-
lice’’;
(C) in paragraph (6)(A), by inserting after
‘‘Uniformed Division’’ the following: ‘‘or the
United States Park Police’’; and
(D) in paragraph (7)(A), by inserting after
‘‘Uniformed Division’’ the following: ‘‘or the
United States Park Police’’.
(2) TERMINATION OF CURRENT ADJUSTMENT
AUTHORITY.—Section 501(b) of such Act (sec. 4–
416(b), D.C. Code) is amended by adding at the end
the following new paragraph:
‘‘(4) This subsection shall not apply with respect to
any pay period for which the salary schedule under sub-
section (c) applies to the United States Park Police.’’.
SEC. 903. REVISION OF CAPS ON MAXIMUM COMPENSA-
TION.
(a) ANNUAL SALARY UNDER SCHEDULE.—Section
501(c)(2) of the District of Columbia Police and Fire-
men’s Salary Act of 1958 (sec. 4–416(c)(2), D.C. Code)
is amended by striking the period at the end and inserting
the following: ‘‘, except that in no case may the annual
rate of basic compensation for any such officer or member
352
exceed the rate of basic pay payable for level IV of the
Executive Schedule contained in subchapter II of chapter
53 of title 5, United States Code.’’.
(b) REPEAL OF CAP ON COMBINED BASIC PAY AND
LONGEVITY PAY.—Section 501(c) of such Act (sec. 4–
416(c), D.C. Code) is amended by striking paragraph (4).
(c) LIMITATION
ON PAY PERIOD EARNINGS
FOR
COMP TIME.—Section 1(h) of the Act entitled ‘‘An Act
to provide a 5-day week for officers and members of the
Metropolitan Police force, the United States Park Police
force, and the White House Police force, and for other
purposes’’, approved August 15, 1950 (sec. 4–1104(h),
D.C. Code), is amended—
(1) in paragraphs (1) and (2), by striking
‘‘Metropolitan Police force; or of the Fire Depart-
ment of the District of Columbia; or of the United
States Park Police’’ each place it appears and in-
serting ‘‘Metropolitan Police force or of the Fire De-
partment of the District of Columbia’’; and
(2) in paragraph (3), by inserting after ‘‘United
States Secret Service Uniformed Division’’ each
place it appears the following: ‘‘or of the United
States Park Police’’.
353
SEC. 904. DETERMINATION OF SERVICE STEP ADJUST-
MENTS.
(a) METHOD
FOR DETERMINATION
OF ADJUST-
MENTS.—Section 303(a) of the District of Columbia Po-
lice and Firemen’s Salary Act of 1958 (sec. 4–412(a),
D.C. Code) is amended—
(1) in the matter preceding paragraph (1), by
‘‘Each’’ and inserting ‘‘Except as provided in para-
graph (5), each’’; and
(2) by adding at the end the following new
paragraph:
‘‘(5) Each officer and member of the United
States Secret Service Uniformed Division and the
United States Park Police with a current perform-
ance rating of ‘satisfactory’ or better, shall have a
service step adjustment in the following manner:
‘‘(A) Each officer and member in service
step 1, 2, or 3 shall be advanced in compensa-
tion successively to the next higher service step
at the beginning of the 1st pay period imme-
diately subsequent to the completion of 52 cal-
endar weeks of active service in the officer’s or
member’s service step.
‘‘(B) Each officer and member in service
step 4, 5, 6, 7, 8, or 9 shall be advanced in
compensation successively to the next higher
354
service step at the beginning of the 1st pay pe-
riod immediately subsequent to the completion
of 104 calendar weeks of active service in the
officer’s or member’s service step.
‘‘(C) Each officer and member in service
step 10 shall be advanced in compensation suc-
cessively to the next higher service step at the
beginning of the 1st pay period immediately
subsequent to the completion of 156 calendar
weeks of active service in the officer’s or mem-
ber’s service step.
‘‘(D) Each officer and member in service
steps 11, 12, or 13 shall be advanced in com-
pensation successively to the next higher service
step at the beginning of the 1st pay period im-
mediately subsequent to the completion of 208
calendar weeks of active service in the officer’s
or member’s service step.’’.
(b) USE OF TOTAL CREDITABLE SERVICE TO DE-
TERMINE STEP PLACEMENT.—Section 304 of such Act
(sec. 4–413, D.C. Code) is amended—
(1) in subsection (a), by striking ‘‘(b)’’ and in-
serting ‘‘(b) or (c)’’; and
(2) by adding at the end the following new sub-
section:
355
‘‘(c)(1) Each officer and member of the United States
Secret Service Uniformed Division or the United States
Park Police who is promoted or transferred to a higher
salary shall receive basic compensation in accordance with
the officer’s or member’s total creditable service.
‘‘(2) For purposes of this subsection, an officer’s or
member’s creditable service is any police service in pay
status with the United States Secret Service Uniformed
Division, United States Park Police, or Metropolitan Po-
lice Department.’’.
(c) CONFORMING AMENDMENT.—Section 401(a) of
such Act (sec. 4–415(a), D.C. Code) is amended by adding
at the end the following new paragraph:
‘‘(4) This subsection shall not apply to officers and
members of the United States Secret Service Uniformed
Division or the United States Park Police.’’.
SEC. 905. CONVERSION TO NEW SALARY SCHEDULE.
(a) IN GENERAL.—
(1) DETERMINATION
OF
RATES
OF
BASIC
PAY.—Effective on the first day of the 1st pay pe-
riod beginning 6 months after the date of enactment
of this Act, the Secretary of the Treasury shall fix
the rates of basic pay for officers and members of
the United States Secret Service Uniformed Divi-
sion, and the Secretary of the Interior shall fix the
356
rates of basic pay for officers and members of the
United States Park Police, in accordance with this
subsection.
(2) PLACEMENT ON REVISED SALARY SCHED-
ULE.—
(A) IN GENERAL.—Each officer and mem-
ber shall be placed in and receive basic com-
pensation at the corresponding scheduled serv-
ice step of the salary schedule under section
501(c) of the District of Columbia Police and
Firemen’s Salary Act of 1958 (as amended by
section 902(a)) in accordance with the mem-
ber’s total years of creditable service, receiving
credit for all service step adjustments. If the
scheduled rate of pay for the step to which the
officer or member would be assigned in accord-
ance with this paragraph is lower than the offi-
cer’s or member’s salary immediately prior to
the enactment of this paragraph, the officer or
member will be placed in and receive compensa-
tion at the next higher service step.
(B) CREDIT
FOR
INCREASES
DURING
TRANSITION.—Each member whose position is
to be converted to the salary schedule under
section 501(b) of the District of Columbia Po-
357
lice and Firemen’s Salary Act of 1958 (as
amended by subsection (a)) and who, prior to
the effective date of this section has earned, but
has not been credited with, an increase in his
or her rate of pay shall be afforded that in-
crease before such member is placed in the cor-
responding service step in the salary schedule
under section 501(b).
(C) CREDITABLE SERVICE DESCRIBED.—
For purposes of this paragraph, an officer’s or
member’s creditable service is any police service
in pay status with the United States Secret
Service Uniformed Division, United States Park
Police, or Metropolitan Police Department.
(b) HOLD HARMLESS FOR CURRENT TOTAL COM-
PENSATION.—Notwithstanding any other provision of law,
if the total rate of compensation for an officer or employee
for any pay period occurring after conversion to the salary
schedule pursuant to subsection (a) (determined by taking
into account any locality-based comparability adjustments,
longevity pay, and other adjustments paid in addition to
the rate of basic compensation) is less than the officer’s
or employee’s total rate of compensation (as so deter-
mined) on the date of enactment, the rate of compensation
358
for the officer or employee for the pay period shall be
equal to—
(1) the rate of compensation on the date of en-
actment (as so determined); increased by
(2) a percentage equal to 50 percent of sum of
the percentage adjustments made in the rate of
basic compensation under section 501(c) of the Dis-
trict of Columbia Police and Firemen’s Salary Act of
1958 (as amended by subsection (a)) for pay periods
occurring after the date of enactment and prior to
the pay period involved.
(c) CONVERSION NOT TREATED AS TRANSFER OR
PROMOTION.—The conversion of positions and individuals
to appropriate classes of the salary schedule under section
501(c) of the District of Columbia Police and Firemen’s
Salary Act of 1958 (as amended by section 902(a)) and
the initial adjustments of rates of basic pay of those posi-
tions and individuals in accordance with subsection (a)
shall not be considered to be transfers or promotions with-
in the meaning of section 304 of the District of Columbia
Police and Firemen’s Salary Act of 1958 (sec. 4–413,
D.C. Code).
(d) TRANSFER OF CREDIT FOR SATISFACTORY SERV-
ICE.—Each individual whose position is converted to the
salary schedule under section 501(c) of the District of Co-
359
lumbia Police and Firemen’s Salary Act of 1958 (as
amended by section 902(a)) in accordance with subsection
(a) shall be granted credit for purposes of such individ-
ual’s first service step adjustment under the salary sched-
ule in such section 501(c) for all satisfactory service per-
formed by the individual since the individual’s last in-
crease in basic pay prior to the adjustment under that sec-
tion.
(e) ADJUSTMENT TO TAKE INTO ACCOUNT GEN-
ERAL SCHEDULE ADJUSTMENTS DURING TRANSITION.—
The rates provided under the salary schedule under sec-
tion 501(c) of the District of Columbia Police and Fire-
men’s Salary Act of 1958 (as amended by section 902(a))
shall be increased by the percentage of any annual adjust-
ment applicable to the General Schedule authorized under
section 5303 of title 5, United States Code, which takes
effect during the period which begins on the date of the
enactment of this Act and ends on the first day of the
first pay period beginning 6 months after the date of en-
actment of this Act.
(f ) CONVERSION NOT TREATED
AS SALARY IN-
CREASE FOR PURPOSES OF CERTAIN PENSIONS AND AL-
LOWANCES.—The conversion of positions and individuals
to appropriate classes of the salary schedule under section
501(c) of the District of Columbia Police and Firemen’s
360
Salary Act of 1958 (as amended by section 2(a)) and the
initial adjustments of rates of basic pay of those positions
and individuals in accordance with subsection (a) shall not
be treated as an increase in salary for purposes of section
3 of the Act entitled ‘‘An Act to provide increased pensions
for widows and children of deceased members of the Police
Department and the Fire Department of the District of
Columbia’’, approved August 4, 1949 (sec. 4–604, D.C.
Code), or section 301 of the District of Columbia Police
and Firemen’s Salary Act of 1953 (sec. 4–605, D.C.
Code).
SEC. 906. PAY ADJUSTMENTS FOR CERTAIN POSITIONS.
(a) TECHNICIAN DUTY.—Section 302 of the District
of Columbia Police and Firemen’s Salary Act of 1958 (sec.
4–411, D.C. Code) is amended—
(1) in subsection (b), by striking ‘‘$810 per
annum’’ and inserting the following: ‘‘$810 per
annum, except in the case of an officer or member
of the United States Secret Service Uniformed Divi-
sion or the United States Park Police, who shall re-
ceive a per annum amount equal to 6 percent of the
sum of such officer’s or member’s rate of basic com-
pensation plus locality pay adjustments’’;
(2) in subsection (c), by striking ‘‘$595 per
annum’’ each place it appears and inserting the fol-
361
lowing: ‘‘$595 per annum, except in the case of an
officer or member of the United States Park Police,
who shall receive a per annum amount equal to 6
percent of the sum of such officer’s or member’s
rate of basic compensation plus locality pay adjust-
ments’’; and
(3) in subsection (e), by inserting after ‘‘When-
ever any officer or member’’ the following: ‘‘(other
than an officer or member of the United States Se-
cret Service Uniformed Division or the United
States Park Police)’’.
(b) HELICOPTER PILOT, BOMB DISPOSAL, OR SCUBA
DIVING DUTY.—Section 202 of such Act (sec. 4–408,
D.C. Code) is amended by striking ‘‘$2,270 per annum’’
and inserting the following: ‘‘$2,270 per annum, except
in the case of an officer or member of the United States
Park Police, who shall receive a per annum amount equal
to 7 percent of the sum of such officer’s or member’s rate
of basic compensation plus locality pay adjustments’’.
SEC. 907. CONFORMING PROVISIONS RELATING TO FED-
ERAL LAW ENFORCEMENT PAY REFORM ACT.
(a) TERMINATION OF EXISTING SPECIAL SALARY
RATES AND ADJUSTMENTS.—Beginning on the effective
date of this Act—
362
(1) no existing special salary rates shall be au-
thorized for members of the United States Park Po-
lice under section 5305 of title 5, United States
Code (or any previous similar provision of law); and
(2) no special rates of pay or special pay ad-
justments shall be applicable to members of the
United States Park Police pursuant to section 405
of the Federal Law Enforcement Pay Reform Act of
1990.
(b) 
CONFORMING
AMENDMENTS.—(1) 
Section
405(b) of the Federal Law Enforcement Pay Reform Act
of 1990 (5 U.S.C. 5303 note) is amended to read as fol-
lows:
‘‘(b) This subsection applies with respect to any—
‘‘(1) special agent within the Diplomatic Secu-
rity Service;
‘‘(2) probation officer (referred to in section
3672 of title 18, United States Code); or
‘‘(3) pretrial services officer (referred to in sec-
tion 3153 of title 18, United States Code).’’.
(2) Section 405(c) of such Act (5 U.S.C. 5303 note)
is amended to read as follows:
‘‘(c) For purposes of this section, the term ‘appro-
priate agency head’ means—
363
‘‘(1) with respect to any individual under sub-
section (b)(1), the Secretary of State; or
‘‘(2) with respect to any individual under sub-
section (b)(2) or (b)(3), the Director of the Adminis-
trative Office of the United States Courts.’’.
SEC. 908. SERVICE LONGEVITY PAYMENTS FOR METRO-
POLITAN POLICE DEPARTMENT.
(a) INCLUSION OF SERVICE LONGEVITY PAYMENTS
IN AMOUNT OF FEDERAL BENEFIT PAYMENTS MADE TO
METROPOLITAN POLICE DEPARTMENT OFFICERS
AND
MEMBERS.—Section 11012 of the District of Columbia
Retirement Protection Act of 1997 (Public Law 105–33;
111 Stat. 718; D.C. Code, sec. 1–762.2) is amended by
adding at the end the following new subsection:
‘‘(e) TREATMENT OF INCREASES IN CERTAIN POLICE
SERVICE LONGEVITY PAYMENTS.—For purposes of sub-
section (a), in determining the amount of a Federal ben-
efit payment made to an officer or member of the Metro-
politan Police Department, the benefit payment to which
the officer or member is entitled under the District Retire-
ment Program shall include any amounts which would
have been included in the benefit payment under such Pro-
gram if the amendments made by the Police Recruiting
and Retention Enhancement Amendment Act of 1999 had
taken effect prior to the freeze date.’’.