H. R. 4578—22
States, or mutual (or other) funds registered with the Securities
and Exchange Commission and which only invest in obligations
of the United States or securities that are guaranteed or insured
by the United States; or
(2) deposited only into accounts that are insured by an
agency or instrumentality of the United States, or are fully
collateralized to ensure protection of the funds, even in the
event of a bank failure.
SEC. 112. Notwithstanding any other provisions of law, the
National Park Service shall not develop or implement a reduced
entrance fee program to accommodate non-local travel through a
unit. The Secretary may provide for and regulate local non-rec-
reational passage through units of the National Park System,
allowing each unit to develop guidelines and permits for such
activity appropriate to that unit.
SEC. 113. Refunds or rebates received on an on-going basis
from a credit card services provider under the Department of the
Interior’s charge card programs, hereafter may be deposited to
and retained without fiscal year limitation in the Departmental
Working Capital Fund established under 43 U.S.C. 1467 and used
to fund management initiatives of general benefit to the Department
of the Interior’s bureaus and offices as determined by the Secretary
or his designee.
SEC. 114. Appropriations made in this Act under the headings
Bureau of Indian Affairs and Office of Special Trustee for American
Indians and any available unobligated balances from prior appro-
priations Acts made under the same headings, shall be available
for expenditure or transfer for Indian trust management activities
pursuant to the Trust Management Improvement Project High Level
Implementation Plan.
SEC. 115. Notwithstanding any provision of law, hereafter the
Secretary of the Interior is authorized to negotiate and enter into
agreements and leases, without regard to section 321 of chapter
314 of the Act of June 30, 1932 (40 U.S.C. 303b), with any person,
firm, association, organization, corporation, or governmental entity
for all or part of the property within Fort Baker administered
by the Secretary as part of Golden Gate National Recreation Area.
The proceeds of the agreements or leases shall be retained by
the Secretary and such proceeds shall be available, without future
appropriation, for the preservation, restoration, operation, mainte-
nance and interpretation and related expenses incurred with respect
to Fort Baker properties.
SEC. 116. A grazing permit or lease that expires (or is trans-
ferred) during fiscal year 2001 shall be renewed under section
402 of the Federal Land Policy and Management Act of 1976,
as amended (43 U.S.C. 1752) or if applicable, section 510 of the
California Desert Protection Act (16 U.S.C. 410aaa–50). The terms
and conditions contained in the expiring permit or lease shall
continue in effect under the new permit or lease until such time
as the Secretary of the Interior completes processing of such permit
or lease in compliance with all applicable laws and regulations,
at which time such permit or lease may be canceled, suspended
or modified, in whole or in part, to meet the requirements of
such applicable laws and regulations. Nothing in this section shall
be deemed to alter the Secretary’s statutory authority.
SEC. 117. Notwithstanding any other provision of law, for the
purpose of reducing the backlog of Indian probate cases in the
H. R. 4578—23
Department of the Interior, the hearing requirements of chapter
10 of title 25, United States Code, are deemed satisfied by a pro-
ceeding conducted by an Indian probate judge, appointed by the
Secretary without regard to the provisions of title 5, United States
Code, governing the appointments in the competitive service, for
such period of time as the Secretary determines necessary: Provided,
That the basic pay of an Indian probate judge so appointed may
be fixed by the Secretary without regard to the provisions of chapter
51, and subchapter III of chapter 53 of title 5, United States
Code, governing the classification and pay of General Schedule
employees, except that no such Indian probate judge may be paid
at a level which exceeds the maximum rate payable for the highest
grade of the General Schedule, including locality pay.
SEC. 118. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to redistribute any Tribal
Priority Allocation funds, including tribal base funds, to alleviate
tribal funding inequities by transferring funds to address identified,
unmet needs, dual enrollment, overlapping service areas or inac-
curate distribution methodologies. No tribe shall receive a reduction
in Tribal Priority Allocation funds of more than 10 percent in
fiscal year 2001. Under circumstances of dual enrollment, overlap-
ping service areas or inaccurate distribution methodologies, the
10 percent limitation does not apply.
SEC. 119. None of the funds in this Act may be used to establish
a new National Wildlife Refuge in the Kankakee River basin that
is inconsistent with the United States Army Corps of Engineers’
efforts to control flooding and siltation in that area. Written certifi-
cation of consistency shall be submitted to the House and Senate
Committees on Appropriations prior to refuge establishment.
SEC. 120. The Great Marsh Trail at the Mason Neck National
Wildlife Refuge in Virginia is hereby named for Joseph V. Gartlan,
Jr. and shall hereafter be referred to in any law, document, or
records of the United States as the ‘‘Joseph V. Gartlan, Jr. Great
Marsh Trail’’.
SEC. 121. Funds appropriated for the Bureau of Indian Affairs
for postsecondary schools for fiscal year 2001 shall be allocated
among the schools proportionate to the unmet need of the schools
as determined by the Postsecondary Funding Formula adopted by
the Office of Indian Education Programs.
SEC. 122. (a) Notwithstanding any other provision of law, with
respect to amounts made available for tribal priority allocations
in Alaska, such amounts shall only be provided to tribes the mem-
bership of which on June 1, 2000 is composed of at least 25 individ-
uals who are Natives (as such term is defined in section 3(b)
of the Alaska Native Claims Settlement Act) who reside in the
area generally known as the village for such tribe.
(b) Amounts that would have been made available for tribal
priority allocations in Alaska but for the limitation contained in
subsection (a) shall be provided to the respective Alaska Native
regional nonprofit corporation (as listed in section 103(a)(2) of Public
Law 104–193, 110 Stat. 2159) for the respective region in which
a tribe subject to subsection (a) is located, notwithstanding any
resolution authorized under federal law to the contrary.
SEC. 123. (a) In this section—
(1) the term ‘‘Huron Cemetery’’ means the lands that form
the cemetery that is popularly known as the Huron Cemetery,
H. R. 4578—24
located in Kansas City, Kansas, as described in subsection
(b)(3); and
(2) the term ‘‘Secretary’’ means the Secretary of the
Interior.
(b)(1) The Secretary shall take such action as may be necessary
to ensure that the lands comprising the Huron Cemetery (as
described in paragraph (3)) are used only in accordance with this
subsection.
(2) The lands of the Huron Cemetery shall be used only—
(A) for religious and cultural uses that are compatible
with the use of the lands as a cemetery; and
(B) as a burial ground.
(3) The description of the lands of the Huron Cemetery is
as follows:
The tract of land in the NW quarter of sec. 10, T. 11 S.,
R. 25 E., of the sixth principal meridian, in Wyandotte County,
Kansas (as surveyed and marked on the ground on August 15,
1888, by William Millor, Civil Engineer and Surveyor), described
as follows:
‘‘Commencing on the Northwest corner of the Northwest
Quarter of the Northwest Quarter of said Section 10;
‘‘Thence South 28 poles to the ‘true point of beginning’;
‘‘Thence South 71 degrees East 10 poles and 18 links;
‘‘Thence South 18 degrees and 30 minutes West 28 poles;
‘‘Thence West 11 and one-half poles;
‘‘Thence North 19 degrees 15 minutes East 31 poles and
15 feet to the ‘true point of beginning’, containing 2 acres
or more.’’.
SEC. 124. None of the Funds provided in this Act shall be
available to the Bureau of Indian Affairs or the Department of
the Interior to transfer land into trust status for the Shoalwater
Bay Indian Tribe in Clark County, Washington, unless and until
the tribe and the county reach a legally enforceable agreement
that addresses the financial impact of new development on the
county, school district, fire district, and other local governments
and the impact on zoning and development.
SEC. 125. None of the funds provided in this Act may be
used by the Department of the Interior to implement the provisions
of Principle 3(C)ii and Appendix section 3(B)(4) in Secretarial Order
3206, entitled ‘‘American Indian Tribal Rights, Federal-Tribal Trust
Responsibilities, and the Endangered Species Act’’.
SEC. 126. No funds appropriated for the Department of the
Interior by this Act or any other Act shall be used to study or
implement any plan to drain Lake Powell or to reduce the water
level of the lake below the range of water levels required for
the operation of the Glen Canyon Dam.
SEC. 127. Notwithstanding any other provision of law, in con-
veying the Twin Cities Research Center under the authority pro-
vided by Public Law 104–134, as amended by Public Law 104–
208, the Secretary may accept and retain land and other forms
of reimbursement: Provided, That the Secretary may retain and
use any such reimbursement until expended and without further
appropriation: (1) for the benefit of the National Wildlife Refuge
System within the State of Minnesota; and (2) for all activities
authorized by Public Law 100–696; 16 U.S.C. 460zz.
SEC. 128. Section 112 of Public Law 103–138 (107 Stat. 1399)
is amended by striking ‘‘permit LP–GLBA005–93’’ and inserting
H. R. 4578—25
‘‘permit LP–GLBA005–93 and in connection with a corporate reorga-
nization plan, the entity that, after the corporate reorganization,
holds entry permit CP–GLBA004–00 each’’.
SEC. 129. Notwithstanding any other provision of law, the
Secretary of the Interior shall designate Anchorage, Alaska, as
a port of entry for the purpose of section 9(f)(1) of the Endangered
Species Act of 1973 (16 U.S.C. 1538(f)(1)).
SEC. 130. (a) The first section of Public Law 92–501 (86 Stat.
904) is amended by inserting after the first sentence ‘‘The park
shall also include the land as generally depicted on the map entitled
‘subdivision of a portion of U.S. Survey 407, Tract B, dated May
12, 2000’ ’’.
(b) Section 3 of Public Law 92–501 is amended to read as
follows: ‘‘There are authorized to be appropriated such sums as
are necessary to carry out the terms of this Act.’’.
SEC. 131. (a) All proceeds, including bonuses, rents, and royal-
ties, of Oil and Gas Lease sale 991, held by the Bureau of Land
Management on May 5, 1999, or subsequent lease sales in the
National Petroleum Reserve—Alaska (hereafter ‘‘proceeds’’) attrib-
utable to the area subject to withdrawal for Kuukpik Corporation’s
selection under section 22(j)(2) of the Alaska Native Claims Settle-
ment Act, Public Law 92–203 (85 Stat. 688), shall be deposited
into a separate fund of the Treasury (hereafter ‘‘fund’’).
(b) Within 120 days after the date of enactment of this Act,
the Secretary of the Treasury shall transfer from the General
Fund to the fund an amount determined by the Secretary of the
Treasury, in consultation with the Secretary of the Interior, to
be equal to the amount of interest income that would have been
credited in the fund between May 5, 1999 and the date of enactment
of this Act. For the purposes of this subsection (b), the Secretary
of the Treasury shall calculate the interest income using a yield
for a 52-week Treasury bill issued on or about May 5, 1999.
(c) On the date of the enactment of this Act, the Secretary
of the Interior shall request the Secretary of the Treasury to invest
such portion of the fund as is not, in the Secretary of the Interior’s
judgment, required to meet current payment requirements from
the fund as determined under subsection (d). Such investments
shall be made by the Secretary of the Treasury in public debt
securities with maturities suitable to the needs of the fund, as
determined by the Secretary of the Interior, and bearing interest
at a rate determined by the Secretary of the Treasury, taking
into consideration current market yields on outstanding marketable
obligations of the United States of comparable maturity.
(d) Hereafter, amounts in the fund shall be available to the
Secretary of the Interior, without fiscal year limitation, and the
Secretary of the Interior shall pay to Arctic Slope Regional Corpora-
tion and the State of Alaska the amount of their entitlement when
determined in accordance with applicable law, together with
interest, as calculated by the Secretary of the Interior, from the
date of receipt of the proceeds by the United States to the date
of payment on the proportionate share of the fund distributed.
Any remainder shall revert to the General Fund of the Treasury.
SEC. 132. Notwithstanding any other provision of law, the
Secretary of the Interior shall convey to Harvey R. Redmond of
Girdwood, Alaska, at no cost, all right, title, and interest of the
United States in and to United States Survey No. 12192, Alaska,