H. R. 4578—26
consisting of 49.96 acres located in the vicinity of T. 9N., R., 3E.,
Seward Meridian, Alaska.
SEC. 133. CLARIFICATION OF TERMS OF CONVEYANCE TO NYE
COUNTY, NEVADA. Section 132(b)(3) of the Department of the
Interior and Related Agencies Appropriations Act, 2000 (113 Stat.
1535, 1501A–165), is amended—
(1) by redesignating subparagraph (B) as subparagraph
(C); and
(2) by inserting after subparagraph (A) the following:
‘‘(B) LEASE.—Notwithstanding any provision of the Act
of June 14, 1926 (commonly known as the ‘Recreation
and Public Purposes Act’) (43 U.S.C. 869 et seq.), the
county may enter into a long-term lease of any of the
parcels described in paragraph (2) with a nonprofit
organization under which the nonprofit organization would
own and operate the Nevada Science and Technology
Center for public, non-commercial purposes.’’.
SEC. 134. MISSISSIPPI RIVER ISLAND NO. 228, IOWA, LAND
EXCHANGE. (a) IDENTIFICATION
OF LAND TO BE RECEIVED
IN
EXCHANGE.—Not later than 180 days after the date of enactment
of this Act, the Secretary of the Interior, acting through the Director
of the United States Fish and Wildlife Service (referred to in this
section as the ‘‘Secretary’’), shall provide Dubuque Barge & Fleeting
Services, Inc. (referred to in this section as ‘‘Dubuque’’), a notice
that identifies parcels of land or interests in land—
(1) that are of a value that is approximately equal to
the value of a parcel comprising a 150-foot wide strip of land
on the west side of the northern half of Mississippi River
Island No. 228, as determined through an appraisal conducted
in conformity with the Uniform Appraisal Standards for Federal
Land Acquisition; and
(2) that the Secretary would consider acceptable in
exchange for all right, title, and interest of the United States
in and to that parcel.
(b) LAND FOR WILDLIFE AND FISH REFUGE.—Land or interests
in land that the Secretary may consider acceptable for the purposes
of subsection (a) include land or interests in land that would be
suitable for inclusion in the Upper Mississippi River Wildlife and
Fish Refuge.
(c) EXCHANGE.—Not later than 180 days after Dubuque offers
land or interests in land identified in the notice under subsection
(a), the Secretary shall convey all right, title, and interest of the
United States in and to the parcel described in subsection (a)
in exchange for the land or interests in land offered by Dubuque,
and shall permanently discontinue barge fleeting at the Mississippi
River island, Tract JO–4, Parcel A, in the W/2 SE/4, Section 30,
T.29N., R.2W., Jo Daviess County, Illinois, located between miles
#578 and #579, commonly known as Pearl Island.
SEC. 135. (a) FINDINGS.—The Senate makes the following
findings—
(1) in 1990, pursuant to the Indian Self-Determination
and Education Assistance Act (ISDEAA), 25 U.S.C. 450 et
seq., a class action lawsuit was filed by Indian tribal contractors
and tribal consortia against the United States, the Secretary
of the Interior and others seeking money damages, injunctive
relief, and declaratory relief for alleged violations of the
H. R. 4578—27
ISDEAA (Ramah Navajo Chapter v. Lujan, 112 F.3d 1455 (10th
Cir. 1997));
(2) the parties negotiated a partial settlement of the claim
totaling $76,200,000, plus applicable interest, which was
approved by the court on May 14, 1999;
(3) the partial settlement was paid by the United States
in September 1999, in the amount of $82,000,000;
(4) the Judgment Fund was established to pay for legal
judgments awarded to plaintiffs who have filed suit against
the United States;
(5) the Contract Disputes Act of 1978 requires that the
Judgment Fund be reimbursed by the responsible agency fol-
lowing the payment of an award from the Fund; and
(6) the shortfall in contract support payments found by
the Court of Appeals for the 10th Circuit in Ramah resulted
primarily from the non-payment or underpayment of indirect
costs by agencies other than the Bureau of Indian Affairs
and the Indian Health Service.
(b) SENSE OF THE SENATE.—It is the sense of the Senate that—
(1) repayment of the Judgment Fund for the partial settle-
ment in Ramah from the accounts of the Bureau of Indian
Affairs and Indian Health Service would significantly reduce
funds appropriated to benefit tribes and individual Native
Americans; and
(2) the Secretary of the Interior should work with the
Director of the Office of Management and Budget to secure
funding for repayment of the judgment in Ramah within the
budgets of the agencies that did not pay indirect costs to plain-
tiffs during the period 1988 to 1993 or paid indirect costs
at less than rates provided under the Indian Self-Determination
Act during such period.
SEC. 136. In fiscal year 2001 and thereafter and notwith-
standing any other provision of law, the United States Fish and
Wildlife Service shall establish and implement a fee schedule to
permit a return to the Service for forensic laboratory services pro-
vided to non-Department of the Interior entities. Fees shall be
collected as determined appropriate by the Director of the Fish
and Wildlife Service and shall be credited to this appropriation
and be available for expenditure without further appropriation until
expended.
SEC. 137. BOUNDARY ADJUSTMENT TO EXCLUDE PRIVATE LAND
AND ACCESS ROAD, ARGUS RANGE WILDERNESS, CALIFORNIA DESERT
CONSERVATION AREA. (a) BOUNDARY ADJUSTMENT.—The boundary
of the Argus Range Wilderness in the California Desert Conserva-
tion Area, as designated by section 102(a)(1) of the California Desert
Protection Act of 1994 (Public Law 103–433; 16 U.S.C. 1132 note)
is adjusted to exclude from the area encompassed by the
wilderness—
(1) a parcel of private property located in the southwest
quarter of the northeast quarter of section 35, township 21
south, range 42 east, Mount Diablo meridian, Inyo County,
California; and
(2) the roadway described in subsection (b) that is used
to access the private property.
(b) DESCRIPTION
OF ROADWAY.—The roadway referred to in
subsection (a) means—
H. R. 4578—28
(1) the main stem of the road running east and west
through sections 35 and 36, township 21 south, range 42 east,
and section 31, township 21 south, range 43 east, Mount Diablo
meridian, to the point where the main stem first divides into
two branches to provide access to the parcel of private property
described in subsection (a) from the east and the north; and
(2) each of the two branches of that road, as described
in paragraph (1).
(c) LEGAL DESCRIPTION OF EXCLUDED AREA.—The exact acreage
and legal description of the area to be excluded from the wilderness
area pursuant to subsection (a) shall be determined by a survey
satisfactory to the Secretary. The cost of the survey shall be borne
by the Secretary. In connection with the main stem of the roadway
described in subsection (b)(1), the Secretary shall exclude, at a
minimum, all lands within 30 feet of the center line of the roadway.
SEC. 138. (a) Pursuant to the provisions of section 4(a)(3) of
the National Wildlife Refuge System Administration Act (16 U.S.C.
668dd(a)(3)), the Secretary of the Interior is directed to remove
from the Columbia National Wildlife Refuge all right, title and
interest of the United States in and to the following described
properties:
Lots 1 and 2 of Block 144, in Othello Land Company’s
First Addition to Othello according to the recorded plat thereof,
together with all lands presently or formerly occupied by public
thoroughfares or rights of way abutting or adjoining the above
described land, in the County of Adams, State of Washington,
T.16 N., R.29E., W.M.
and to transfer said property without compensation to the City
of Othello, Washington.
(b) The property conveyed under this section shall be used
for public housing or other public purpose, and all right, title
and interest in and to such property shall revert to the United
States if it is used for any other purpose.
(c) The City of Othello shall hold the United States harmless,
and shall indemnify the United States, for all claims, costs, dam-
ages, and judgements arising out of any act or omission relating
to the property conveyed under this section.
SEC. 139. Section 412(b) of the National Parks Omnibus
Management Act of 1998, as amended (16 U.S.C. 5961) is amended
by striking ‘‘2000’’ and inserting ‘‘2001’’.
SEC. 140. Notwithstanding other provisions of law, the National
Park Service may authorize, through cooperative agreement, the
Golden Gate National Parks Association to provide fee-based edu-
cation, interpretive and visitor service functions within the Crissy
Field and Fort Point areas of the Presidio.
SEC. 141. The building housing the visitors center within the
boundaries of the Chincoteague National Wildlife Refuge on
Assateague Island, Virginia, shall be known and designated as
the ‘‘Herbert H. Bateman Educational and Administrative Center’’
and shall hereafter be referred to in any law, map, regulation,
document, paper, or other record of the United States as the ‘‘Her-
bert H. Bateman Educational and Administrative Center’’.
SEC. 142. Notwithstanding 31 U.S.C. 3302(b), sums received
by the Bureau of Land Management for the sale of seeds or seed-
lings including those collected in fiscal year 2000, may be credited
to the appropriation from which funds were expended to acquire
H. R. 4578—29
or grow the seeds or seedlings and are available without fiscal
year limitation.
SEC. 143. Public Law 105–83 (111 Stat. 1556) is amended
as follows: Under the heading ‘‘Operation of Indian Programs’’
in the Bureau of Indian Affairs strike ‘‘non-Federal’’ in the last
proviso and insert in lieu thereof ‘‘non-Department of the Interior’’.
SEC. 144. (a) Notwithstanding any other provision of law, and
subject to subsections (b) and (c), all conveyances to the city of
Valley City, a municipal corporation of Barnes County, North
Dakota, of lands described in subsection (b), heretofore or hereafter
made directly by The Burlington Northern and Santa Fe Railway
Company or its successors, are hereby validated to the extent that
the conveyances would be legal and valid if all right, title, and
interest of the United States, except minerals, were held by The
Burlington Northern and Santa Fe Railway Company.
(b) LANDS DESCRIBED.—The lands referred to in subsection
(a) are the land that formed part of the railroad right-of-way granted
to the Northern Pacific Railroad Company, a predecessor to The
Burlington Northern and Santa Fe Railway Company, by an Act
of Congress on July 2, 1864, specifically a 400-foot wide right-
of-way, being 200 feet wide on each side of the centerline of the
rail track as originally located and constructed between milepost
69.05 and milepost 61.10 within Barnes County, North Dakota,
as shown and described on the map entitled ‘‘City of Valley City—
Railroad Parcels’’ dated September 1, 2000. Such map shall be
placed on file and available for inspection in the offices of the
Director of the Bureau of Land Management.
(c) ACCESS AND MINERAL RIGHTS.—
(1) PRESERVATION OF RIGHTS OF ACCESS.—Nothing in this
section shall impair any rights of access in favor of the public
or any owner of adjacent lands over, under, or across the
lands described in section 2.
(2) MINERALS.—The United States reserves any federally
owned mineral rights in the lands described in subsection (b),
except that the United States disclaims any and all right of
surface entry to the mineral estate of such lands.
SEC. 145. (a) SHORT TITLE.—This section may be cited as the
‘‘First Ladies National Historic Site Act of 2000’’.
(b) FIRST LADIES NATIONAL HISTORIC SITE.—
(1) FINDINGS.—The Congress finds the following:
(A) Throughout the history of the United States, First
Ladies have had an important impact on our Nation’s
history.
(B) Little attention has been paid to the role of First
Ladies and their impact on our Nation’s history.
(C) Establishment of the First Ladies National Historic
Site will provide unique opportunities for education and
study into the impact of First Ladies on our history.
(2) PURPOSES.—The purposes of this section are the fol-
lowing:
(A) To preserve and interpret the role and history
of First Ladies for the benefit, inspiration, and education
of the people of the United States.
(B) To interpret the impact of First Ladies on the
history of the United States.
(C) To provide to school children and scholars access
to information about the contributions of First Ladies