H. R. 2107—26
map shall be on file and available for public inspection in appro-
priate offices of the National Park Service of the Department of
the Interior.
(b) The Secretary of the Interior is authorized to acquire the
lands and interests therein described in subsection (a) by donation,
purchase with donated or appropriated funds, or exchange: Pro-
vided, That such lands or interests therein may only be acquired
with the consent of the owner thereof.
SEC. 127. For the sole purpose of accessing park or other
authorized visitor services or facilities at, or originating from, the
public dock area at Bartlett Cove, the National Park Service shall
initiate a competitive process by which the National Park Service
shall allow one entry per day for a passenger ferry into Bartlett
Cove from Juneau: Provided, That any passenger ferry allowed
entry pursuant to this Act shall be subject to speed, distance from
coast lines, and other limitations imposed necessary to protect
park resources: Provided further, That nothing in this Act shall
be construed as constituting approval for entry into the waters
of Glacier Bay National Park and Preserve beyond the immediate
Bartlett Cove area as defined by a line extending northeastward
from Point Carolus to the west to the southernmost point of Lester
Island, absent required permits.
SEC. 128. Title I of Public Law 96–514 (94 Stat. 2957) is
amended under the heading ‘‘Exploration of National Petroleum
Reserve in Alaska’’ by striking ‘‘(8) each lease shall be issued’’
through the end of the first paragraph and inserting in lieu thereof
the following: ‘‘(8) each lease shall be issued for an initial period
of ten years, and shall be extended for so long thereafter as oil
or gas is produced from the lease in paying quantities, or as drilling
or reworking operations, as approved by the Secretary, are con-
ducted thereon; (9) for purposes of conservation of the natural
resources of any oil or gas pool, field, or like area, or any part
thereof, lessees thereof and their representatives are authorized
to unite with each other, or jointly or separately with others, in
collectively adopting and operating under a unit agreement for
such pool, field, or like area, or any part thereof (whether or
not any other part of said oil or gas pool, field, or like area is
already subject to any cooperative or unit plan of development
or operation), whenever determined by the Secretary to be necessary
or advisable in the public interest. Drilling, production, and well
reworking operations performed in accordance with a unit agree-
ment shall be deemed to be performed for the benefit of all leases
that are subject in whole or in part to such unit agreement. When
separate tracts cannot be independently developed and operated
in conformity with an established well spacing or development
program, any lease, or a portion thereof, may be pooled with other
lands, whether or not owned by the United States, under a
communitization or drilling agreement providing for an apportion-
ment of production or royalties among the separate tracts of land
comprising the drilling or spacing unit when determined by the
Secretary of the Interior to be in the public interest, and operations
or production pursuant to such an agreement shall be deemed
to be operations or production as to each such lease committed
thereto; (10) to encourage the greatest ultimate recovery of oil
or gas or in the interest of conservation the Secretary is authorized
to waive, suspend, or reduce the rental, or minimum royalty, or
reduce the royalty on an entire leasehold, including on any lease
H. R. 2107—27
operated pursuant to a unit agreement, whenever in his judgment
the leases cannot be successfully operated under the terms provided
therein. The Secretary is authorized to direct or assent to the
suspension of operations and production on any lease or unit. In
the event the Secretary, in the interest of conservation, shall direct
or assent to the suspension of operations and production on any
lease or unit, any payment of acreage rental or minimum royalty
prescribed by such lease or unit likewise shall be suspended during
the period of suspension of operations and production, and the
term of such lease shall be extended by adding any such suspension
period thereto; and (11) all receipts from sales, rentals, bonuses,
and royalties on leases issued pursuant to this section shall be
paid into the Treasury of the United States: Provided, That 50
percent thereof shall be paid by the Secretary of the Treasury
semiannually, as soon thereafter as practicable after March 30
and September 30 each year, to the State of Alaska for: (A) planning;
(B) construction, maintenance, and operation of essential public
facilities; and (C) other necessary provisions of public service: Pro-
vided further, That in the allocation of such funds, the State shall
give priority to use by subdivisions of the State most directly
or severely impacted by development of oil and gas leased under
this Act.’’.
SEC. 129. LIMITATIONS
ON CERTAIN INDIAN GAMING OPER-
ATIONS. (a) DEFINITIONS.—For purposes of this section, the following
definitions shall apply:
(1) CLASS III GAMING.—The term ‘‘class III gaming’’ has
the meaning provided that term in section 4(8) of the Indian
Gaming Regulatory Act (25 U.S.C. 2703(8)).
(2) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has the meaning
provided that term in section 4(e) of the Indian Self-Determina-
tion and Education Assistance Act (25 U.S.C. 450(e)).
(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Department of the Interior.
(4) TRIBAL-STATE COMPACT.—The term ‘‘Tribal-State com-
pact’’ means a Tribal-State compact referred to in section 11(d)
of the Indian Gaming Regulatory Act (25 U.S.C. 2710(d)).
(b) CLASS III GAMING COMPACTS.—
(1) IN GENERAL.—
(A) PROHIBITION.—During fiscal year 1998, the Sec-
retary may not expend any funds made available under
this Act to review or approve any initial Tribal-State com-
pact for class III gaming entered into on or after the
date of enactment of this Act. This provision shall not
apply to any Tribal-State compact which has been approved
by a State in accordance with State law and the Indian
Gaming Regulatory Act.
(B) RULE OF CONSTRUCTION.—Nothing in this para-
graph may be construed to prohibit the review or approval
by the Secretary of a renewal or revision of, or amendment
to a Tribal-State compact that is not covered under
subparagraph (A).
(2) TRIBAL-STATE COMPACTS.—During fiscal year 1998, not-
withstanding any other provision of law, no Tribal-State com-
pact for class III gaming shall be considered to have been
approved by the Secretary by reason of the failure of the Sec-
retary to approve or disapprove that compact. This provision
shall not apply to any Tribal-State compact which has been
H. R. 2107—28
approved by a State in accordance with State law and the
Indian Gaming Regulatory Act.
SEC. 130. SENSE
OF
THE
SENATE
CONCERNING
INDIAN
GAMING.—It is the sense of the Senate that the United States
Department of Justice should vigorously enforce the provisions of
the Indian Gaming Regulatory Act requiring an approved Tribal-
State gaming compact prior to the initiation of class III gaming
on Indian lands.
SEC. 131. No funds provided in this or any other Act may
be expended for the promulgation of a proposed or final rule to
amend or replace the National Indian Gaming Commission’s defini-
tion regulations located at 25 CFR 502.7 and 502.8.
SEC. 132. Notwithstanding any other provision of law, hereafter
the United States Fish and Wildlife Service may disburse to local
entities impact funding pursuant to Refuge Revenue Sharing that
is associated with Federal real property transferred to the United
States Geological Survey from the United States Fish and Wildlife
Service.
SEC. 133. CONVEYANCE OF LAND TO LANDER COUNTY, NEVADA.
(a) CONVEYANCE.—Not later than the date that is 120 days after
the date of enactment of this Act, the Secretary of the Interior,
acting through the Director of the Bureau of Land Management,
shall convey to Lander County, Nevada, without consideration,
all right, title, and interest of the United States, subject to all
valid existing rights and to the rights-of-way described in subsection
(b), in the property described as T. 32 N., R. 45 E., sec. 18, lots
3, 4, 11, 12, 16, 17, 18, 19, 20 and 21, Mount Diablo Meridian.
(b) RIGHTS-OF-WAY.—The property conveyed under subsection
(a) shall be subject to—
(1) the right-of-way for Interstate 80;
(2) the 33-foot wide right-of-way for access to the Indian
cemetery included under Public Law 90–71 (81 Stat. 173);
and
(3) the following rights-of-way granted by the Secretary
of the Interior:
NEV–010937 (powerline).
NEV–066891 (powerline).
NEV–35345 (powerline).
N–7636 (powerline).
N–56088 (powerline).
N–57541 (fiber optic cable).
N–55974 (powerline).
(c) REQUIREMENT.—The property described in this section shall
be used for public purposes and should the property be sold or
used for other than public purposes, the property shall revert to
the United States.
SEC. 134. CONVEYANCE OF CERTAIN BUREAU OF LAND MANAGE-
MENT LANDS IN CLARK COUNTY, NEVADA. (a) FINDINGS.—Congress
finds that—
(1) certain landowners who own property adjacent to land
managed by the Bureau of Land Management in the North
Decatur Boulevard area of Las Vegas, Nevada, bordering on
North Las Vegas, have been adversely affected by certain erro-
neous private land surveys that the landowners believed were
accurate;
H. R. 2107—29
(2) the landowners have occupied or improved their prop-
erty in good faith reliance on the erroneous surveys of the
properties;
(3) the landowners believed that their entitlement to occu-
pancy was finally adjudicated by a Judgment and Decree
entered by the Eighth Judicial District Court of Nevada on
October 26, 1989;
(4) errors in the private surveys were discovered in connec-
tion with a dependent resurvey and section subdivision con-
ducted by the Bureau of Land Management in 1990, which
established accurate boundaries between certain federally
owned properties and private properties; and
(5) the Secretary has authority to sell, and it is appropriate
that the Secretary should sell, based on an appraisal of the
fair market value as of December 1, 1982, the properties
described in section 2(b) to the adversely affected landowners.
(b) CONVEYANCE OF PROPERTIES.—
(1) PURCHASE OFFERS.—
(A) IN GENERAL.—Not later than 1 year after the date
of enactment of this Act, the city of Las Vegas, Nevada,
on behalf of the owners of real property located adjacent
to the properties described in paragraph (2), may submit
to the Secretary of the Interior, acting through the Director
of the Bureau of Land Management (referred to in this
Act as the ‘‘Secretary’’), a written offer to purchase the
properties.
(B) INFORMATION
TO
ACCOMPANY
OFFER.—An offer
under subparagraph (A) shall be accompanied by—
(i) a description of each property offered to be
purchased;
(ii) information relating to the claims of ownership
of the property based on an erroneous land survey;
and
(iii) such other information as the Secretary may
require.
(2) DESCRIPTION OF PROPERTIES.—The properties described
in this paragraph, containing 37.36 acres, more or less, are—
(A) Government lots 22, 23, 26, and 27 in sec. 18,
T. 19 S., R. 61 E., Mount Diablo Meridian;
(B) Government lots 20, 21, and 24 in sec. 19, T.
19 S., R. 61 E., Mount Diablo Meridian; and
(C) Those lands encroached upon in Government lot
1 in sec. 24, T. 19 S., R. 60 E., Mount Diablo Meridian,
containing approximately 8 acres.
(3) CONVEYANCE.—
(A) IN GENERAL.—Subject to the condition stated in
subparagraph (B), the Secretary shall convey subject to
valid existing rights to the city of Las Vegas, Nevada,
all right, title, and interest of the United States in and
to the properties offered to be purchased under paragraph
(1) on payment by the city of the fair market value of
the properties, based on an appraisal of the fair market
value as of December 1, 1982, approved by the Secretary.
(B) CONDITION.—Properties shall be conveyed under
subparagraph (A) subject to the condition that the city
convey the properties to the landowners who were adversely