In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.

Input: Consider Input: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``James Guelff Body Armor Act of 
1999''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) nationally, police officers and ordinary citizens are 
        facing increased danger as criminals use more deadly weaponry, 
        body armor, and other sophisticated assault gear;
            (2) crime at the local level is exacerbated by the 
        interstate movement of body armor and other assault gear;
            (3) there is a traffic in body armor moving in or otherwise 
        affecting interstate commerce, and existing Federal controls 
        over such traffic do not adequately enable the States to 
        control this traffic within their own borders through the 
        exercise of their police power;
            (4) recent incidents, such as the murder of San Francisco 
        Police Officer James Guelff by an assailant wearing 2 layers of 
        body armor and a 1997 bank shoot out in north Hollywood, 
        California, between police and 2 heavily armed suspects 
        outfitted in body armor, demonstrate the serious threat to 
        community safety posed by criminals who wear body armor during 
        the commission of a violent crime;
            (5) of the approximately 1,200 officers killed in the line 
        of duty since 1980, more than 30 percent could have been saved 
        by body armor, and the risk of dying from gunfire is 14 times 
        higher for an officer without a bulletproof vest;
            (6) the Department of Justice has estimated that 25 percent 
        of State and local police are not issued body armor;
            (7) the Federal Government is well-equipped to grant local 
        police departments access to body armor that is no longer 
        needed by Federal agencies; and
            (8) Congress has the power, under the interstate commerce 
        clause and other provisions of the Constitution of the United 
        States, to enact legislation to regulate interstate commerce 
        that affects the integrity and safety of our communities.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Body armor.--The term ``body armor'' means any product 
        sold or offered for sale, in interstate or foreign commerce, as 
        personal protective body covering intended to protect against 
        gunfire, regardless of whether the product is to be worn alone 
        or is sold as a complement to another product or garment.
            (2) Law enforcement agency.--The term ``law enforcement 
        agency'' means an agency of the United States, a State, or a 
        political subdivision of a State, authorized by law or by a 
        Government agency to engage in or supervise the prevention, 
        detection, investigation, or prosecution of any violation of 
        criminal law.
            (3) Law enforcement officer.--The term ``law enforcement 
        officer'' means any officer, agent, or employee of the United 
        States, a State, or a political subdivision of a State, 
        authorized by law or by a Government agency to engage in or 
        supervise the prevention, detection, investigation, or 
        prosecution of any violation of criminal law.

SEC. 4. AMENDMENT OF SENTENCING GUIDELINES WITH RESPECT TO BODY ARMOR.

    (a) Sentencing Enhancement.--The United States Sentencing 
Commission shall amend the Federal sentencing guidelines to provide an 
appropriate sentencing enhancement, increasing the offense level not 
less than 2 levels, for any offense in which the defendant used body 
armor.
    (b) Applicability.--No amendment made to the Federal Sentencing 
Guidelines pursuant to this section shall apply if the Federal offense 
in which the body armor is used constitutes a violation of, attempted 
violation of, or conspiracy to violate the civil rights of any person 
by a law enforcement officer acting under color of the authority of 
such law enforcement officer.

SEC. 5. PROHIBITION OF PURCHASE, USE, OR POSSESSION OF BODY ARMOR BY 
              VIOLENT FELONS.

    (a) Definition of Body Armor.--Section 921 of title 18, United 
States Code, is amended by adding at the end the following:
            ``(35) The term `body armor' means any product sold or 
        offered for sale, in interstate or foreign commerce, as 
        personal protective body covering intended to protect against 
        gunfire, regardless of whether the product is to be worn alone 
        or is sold as a complement to another product or garment.''.
    (b) Prohibition.--
            (1) In general.--Chapter 44 of title 18, United States 
        Code, is amended by adding at the end the following:
``Sec. 931. Prohibition on purchase, ownership, or possession of body 
              armor by violent felons
    ``(a) In General.--Except as provided in subsection (b), it shall 
be unlawful for a person to purchase, own, or possess body armor, if 
that person has been convicted of a felony that is--
            ``(1) a crime of violence (as defined in section 16); or
            ``(2) an offense under State law that would constitute a 
        crime of violence if it occurred within the special maritime 
        and territorial jurisdiction of the United States.
    ``(b) Exception.--
            ``(1) Application.--A person who is subject to the 
        prohibition of subsection (a) whose employment, livelihood, or 
        safety is dependent on the ability to possess and use body 
        armor, may file a petition with the Secretary for an exception 
        to the prohibition of subsection (a).
            ``(2) Action by secretary.--Upon receipt of a petition 
        under paragraph (1), the Secretary may reduce or eliminate the 
        prohibition of subsection (a), impose conditions on reduction 
        or elimination of the prohibition, or otherwise grant relief 
        from the prohibition, as the Secretary determines to be 
        appropriate, based on a determination that the petitioner--
                    ``(A) is likely to use body armor in a safe and 
                lawful manner; and
                    ``(B) has a reasonable need for such protection 
                under the circumstances.
            ``(3) Factors for consideration.--In making a determination 
        under paragraph (2) with respect to a petitioner, the Secretary 
        shall consider--
                    ``(A) any continued employment of the petitioner;
                    ``(B) the interests of justice;
                    ``(C) any relevant evidence; and
                    ``(D) the totality of the circumstances.
            ``(4) Certified copy of permission.--The Secretary shall 
        require, as a condition of granting any exception to a 
        petitioner under this subsection, that the petitioner agree to 
        maintain on his or her person a certified copy of the 
        Secretary's permission to possess and use body armor, including 
        any conditions or limitations.
            ``(5) Rule of construction.--Nothing in this subsection may 
        be construed to--
                    ``(A) require the Secretary to grant relief to any 
                particular petitioner; or
                    ``(B) imply that any relief granted by the 
                Secretary under this subsection relieves any other 
                person from any liability that may otherwise be 
                imposed.
    ``(c) Immunity From Liability.--
            ``(1) In general.--An officer or employee of a law 
        enforcement agency who enforces the prohibition specified in 
        subsection (a) against a person who has been granted relief 
        pursuant to subsection (b), shall be immune from any liability 
        for false arrest arising from the enforcement of this section 
        unless the person has in his or her possession a certified copy 
        of the permission granting the person relief from the 
        prohibition, as required by subsection (b)(4).
            ``(2) Rule of construction.--The immunity from liability 
        described in paragraph (1) shall not relieve any person or 
        entity from any other liability that may otherwise be 
        imposed.''.
            (2) Clerical amendment.--The analysis for chapter 44 of 
        title 18, United States Code, is amended by adding at the end 
        the following:

``931. Prohibition on purchase, ownership, or possession of body armor 
                            by violent felons.''.
    (c) Penalties.--Section 924(a) of title 18, United States Code, is 
amended by adding at the end the following:
    ``(7) Whoever knowingly violates section 931 shall be fined under 
this title, imprisoned not more than 3 years, or both.''.

SEC. 6. DONATION OF FEDERAL SURPLUS BODY ARMOR TO STATE AND LOCAL LAW 
              ENFORCEMENT AGENCIES.

    (a) Definitions.--In this section, the terms ``Federal agency'' and 
``surplus property'' have the meanings given such terms under section 3 
of the Federal Property and Administrative Services Act of 1949 (40 
U.S.C. 472).
    (b) Donation of Body Armor.--Notwithstanding section 203 of the 
Federal Property and Administrative Services Act of 1949 (40 U.S.C. 
484), the head of a Federal agency may donate body armor directly to 
any State or local law enforcement agency, if such body armor is--
            (1) in serviceable condition; and
            (2) surplus property.
    (c) Notice to Administrator.--The head of a Federal agency who 
donates body armor under this section shall submit to the Administrator 
of General Services a written notice identifying the amount of body 
armor donated and each State or local law enforcement agency that 
received the body armor.
    (d) Donation by Certain Officers.--
            (1) Department of justice.--In the administration of this 
        section with respect to the Department of Justice, in addition 
        to any other officer of the Department of Justice designated by 
        the Attorney General, the following officers may act as the 
        head of a Federal agency:
                    (A) The Administrator of the Drug Enforcement 
                Administration.
                    (B) The Director of the Federal Bureau of 
                Investigation.
                    (C) The Commissioner of the Immigration and 
                Naturalization Service.
                    (D) The Director of the United States Marshals 
                Service.
            (2) Department of the treasury.--In the administration of 
        this section with respect to the Department of the Treasury, in 
        addition to any other officer of the Department of the Treasury 
        designated by the Secretary of the Treasury, the following 
        officers may act as the head of a Federal agency:
                    (A) The Director of the Bureau of Alcohol, Tobacco, 
                and Firearms.
                    (B) The Commissioner of Customs.
                    (C) The Director of the United States Secret 
                Service.

Output: James Guelff Body Armor Act of 1999 - Directs the U.S. Sentencing Commission to amend the Federal sentencing guidelines to provide an appropriate enhancement, increasing the level not less than two levels, for any offense in which the defendant used body armor, with an exception involving a civil rights violation by a law enforcement officer acting under color of authority. 
(Sec. 5) Amends the Brady Handgun Violence Prevention Act to prohibit the purchase, ownership, or possession of body armor by violent felons, with a procedure for the Secretary of the Treasury to grant an exception where a person's employment, livelihood, or safety is dependent on the ability to possess and use body armor.  Grants a law enforcement officer immunity from liability for false arrest arising from the enforcement of this section unless the person has in his or her possession a certified copy of the permission granting the person relief from the prohibition.  Sets penalties for violations of this prohibition. 
(Sec. 6) Authorizes the head of a Federal agency to donate body armor that is surplus property and in serviceable condition directly to any State or local law enforcement agency.  Allows specified officials in the Treasury and Justice Departments to act as the head of a Federal agency.


Input: Consider Input: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Glacier Bay National Park Boundary 
Adjustment Act of 1998''.

SEC. 2. LAND EXCHANGE AND WILDERNESS DESIGNATION.

    (a) In General.--(1) Subject to conditions set forth in subsection 
(c), if the State of Alaska, in a manner consistent with this Act, 
offers to transfer to the United States the lands identified in 
paragraph (2) in exchange for the lands identified in paragraph (4), 
selected from the area described in section 3(b)(1), the Secretary of 
the Interior (in this Act referred to as the ``Secretary'') shall 
complete such exchange no later than 6 months after the issuance of a 
license to Gustavus Electric Company by the Federal Energy Regulatory 
Commission (in this Act referred to as ``FERC''), in accordance with 
this Act. This land exchange shall be subject to the laws applicable to 
exchanges involving lands managed by the Secretary as part of the 
National Park System in Alaska and the appropriate process for the 
exchange of State lands required by State law.
    (2) The lands to be conveyed to the United States by the State of 
Alaska shall be determined by mutual agreement of the Secretary and the 
State of Alaska. Lands that will be considered for conveyance to the 
United States pursuant to the process required by State law are lands 
owned by the State of Alaska in the Long Lake area within Wrangell-St. 
Elias National Park and Preserve, or other lands owned by the State of 
Alaska.
    (3) If the Secretary and the State of Alaska have not agreed on 
which lands the State of Alaska will convey by a date not later than 6 
months after a license is issued pursuant to this Act, the United 
States shall accept, within 1 year after a license is issued, title to 
land having a sufficiently equal value to satisfy State and Federal 
law, subject to clear title and valid existing rights, and absence of 
environmental contamination, and as provided by the laws applicable to 
exchanges involving lands managed by the Secretary as part of the 
National Park System in Alaska and the appropriate process for the 
exchange of State lands required by State law. Such land shall be 
accepted by the United States, subject to the other provisions of this 
Act, from among the following State lands in the priority listed:


                          copper river meridian

        (A) T.6 S., R. 12 E., partially surveyed, Sec. 5, lots 1, 2, 
    and 3, NE\1/4\, S\1/2\NW\1/4\, and S\1/2\. Containing 617.68 acres, 
    as shown on the plat of survey accepted June 9, 1922.
        (B) T.6 S., R. 11 E., partially surveyed, Sec. 11, lots 1 and 
    2, NE\1/4\, S\1/2\NW\1/4\, SW\1/4\, and N\1/2\SE\1/4\; Sec. 12; 
    Sec. 14, lots 1 and 2, NW\1/4\NW\1/4\. Containing 1,191.75 acres, 
    as shown on the plat of survey accepted June 9, 1922.
        (C) T.6 S., R. 11 E., partially surveyed, Sec. 2, NW\1/4\NE\1/
    4\ and NW\1/4\. Containing 200.00 acres, as shown on the plat of 
    survey accepted June 9, 1922.
        (D) T.6 S., R. 12 E., partially surveyed, Sec. 6. lots 1 
    through 10, E\1/2\SW\1/4\ and SE\1/4\. Containing approximately 
    529.94 acres, as shown on the plat of survey accepted June 9, 1922.
    (4) The lands to be conveyed to the State of Alaska by the United 
States under paragraph (1) are lands to be designated by the Secretary 
and the State of Alaska, consistent with sound land management 
principles, based on those lands determined by FERC with the 
concurrence of the Secretary and the State of Alaska, in accordance 
with section 3(b), to be the minimum amount of land necessary for the 
construction and operation of a hydroelectric project.
    (5) The time periods set forth for the completion of the land 
exchanges described in this Act may be extended as necessary by the 
Secretary should the processes of State law or Federal law delay 
completion of an exchange.
    (6) For purposes of this Act, the term ``land'' means lands, 
waters, and interests therein.
    (b) Wilderness.--(1) To ensure that this transaction maintains, 
within the National Wilderness Preservation System, approximately the 
same amount of area of designated wilderness as currently exists, the 
following lands in Alaska shall be designated as wilderness in the 
priority listed, upon consummation of the land exchange authorized by 
this Act and shall be administered according to the laws governing 
national wilderness areas in Alaska:
        (A) An unnamed island in Glacier Bay National Park lying 
    southeasterly of Blue Mouse Cove in sections 5, 6, 7, and 8, T. 36 
    S., R. 54 E., CRM, and shown on United States Geological Survey 
    quadrangle Mt. Fairweather (D-2), Alaska, containing approximately 
    789 acres.
        (B) Cenotaph Island of Glacier Bay National Park lying within 
    Lituya Bay in sections 23, 24, 25, and 26, T. 37 S., R. 47 E., CRM, 
    and shown on United States Geological Survey quadrangle Mt. 
    Fairweather (C-5), Alaska, containing approximately 280 acres.
        (C) An area of Glacier Bay National Park lying in T. 31. S., R. 
    43 E and T. 32 S., R. 43 E., CRM, that is not currently designated 
    wilderness, containing approximately 2,270 acres.
    (2) The specific boundaries and acreage of these wilderness 
designations may be reasonably adjusted by the Secretary, consistent 
with sound land management principles, to approximately equal, in sum, 
the total wilderness acreage deleted from Glacier Bay National Park and 
Preserve pursuant to the land exchange authorized by this Act.
    (c) Conditions.--Any exchange of lands under this Act may occur 
only if--
        (1) following the submission of a complete license application, 
    FERC has conducted economic and environmental analyses under the 
    Federal Power Act (16 U.S.C. 791-828) (notwithstanding provisions 
    of that Act and the Federal regulations that otherwise exempt this 
    project from economic analyses), the National Environmental Policy 
    Act of 1969 (42 U.S.C. 4321-4370), and the Fish and Wildlife 
    Coordination Act (16 U.S.C. 661-666), that conclude, with the 
    concurrence of the Secretary of the Interior with respect to 
    subparagraphs (A) and (B), that the construction and operation of a 
    hydroelectric power project on the lands described in section 
    3(b)--
            (A) will not adversely impact the purposes and values of 
        Glacier Bay National Park and Preserve (as constituted after 
        the consummation of the land exchange authorized by this 
        section);
            (B) will comply with the requirements of the National 
        Historic Preservation Act (16 U.S.C. 470-470w); and
            (C) can be accomplished in an economically feasible manner;
        (2) FERC held at least one public meeting in Gustavus, Alaska, 
    allowing the citizens of Gustavus to express their views on the 
    proposed project;
        (3) FERC has determined, with the concurrence of the Secretary 
    and the State of Alaska, the minimum amount of land necessary to 
    construct and operate this hydroelectric power project; and
        (4) Gustavus Electric Company has been granted a license by 
    FERC that requires Gustavus Electric Company to submit an 
    acceptable financing plan to FERC before project construction may 
    commence, and the FERC has approved such plan.

SEC. 3. ROLE OF FERC.

    (a) License Application.--(1) The FERC licensing process shall 
apply to any application submitted by Gustavus Electric Company to the 
FERC for the right to construct and operate a hydropower project on the 
lands described in subsection (b).
    (2) FERC is authorized to accept and consider an application filed 
by Gustavus Electric Company for the construction and operation of a 
hydropower plant to be located on lands within the area described in 
subsection (b), notwithstanding section 3(2) of the Federal Power Act 
(16 U.S.C. 796(2)). Such application must be submitted within 3 years 
after the date of the enactment of this Act.
    (3) FERC will retain jurisdiction over any hydropower project 
constructed on this site.
    (b) Analyses.--(1) The lands referred to in subsection (a) of this 
section are lands in the State of Alaska described as follows:


                          copper river meridian

    Township 39 South, Range 59 East, partially surveyed, Section 36 
(unsurveyed), SE\1/4\SW\1/4\, S\1/2\SW\1/4\SW\1/4\, NE\1/4\SW\1/4\, 
W\1/2\W\1/2\NW\1/4\SE\1/4\, and S\1/2\SE\1/4\NW\1/4\. Containing 
approximately 130 acres.
    Township 40 South, Range 59 East, partially surveyed, Section 1 
(unsurveyed), NW\1/4\, SW\1/4\, W\1/2\SE\1/4\, and SW\1/4\SW\1/4\NE\1/
4\, excluding U.S. Survey 944 and Native allotment A-442; Section 2 
(unsurveyed), fractional, that portion lying above the mean high tide 
line of Icy Passage, excluding U.S. Survey 944 and U.S. Survey 945; 
Section 11 (unsurveyed), fractional, that portion lying above the mean 
high tide line of Icy Passage, excluding U.S. Survey 944; Section 12 
(unsurveyed), fractional, NW\1/4\NE\1/4\, W\1/2\NW\1/4\SW\1/4\NE\1/4\, 
and those portions of NW\1/4\ and SW\1/4\ lying above the mean high 
tide line of Icy Passage, excluding U.S. Survey 944 and Native 
allotment A-442. Containing approximately 1,015 acres.
    (2) Additional lands and acreage will be included as needed in the 
study area described in paragraph (1) to account for accretion to these 
lands from natural forces.
    (3) With the concurrence of the Secretary and the State of Alaska, 
the FERC shall determine the minimum amount of lands necessary for 
construction and operation of such project.
    (4) The National Park Service shall participate as a joint lead 
agency in the development of any environmental document under the 
National Environmental Policy Act of 1969 in the licensing of such 
project. Such environmental document shall consider both the impacts 
resulting from licensing and any land exchange necessary to authorize 
such project.
    (c) Issuance of License.--(1) A condition of the license to 
construct and operate any portion of the hydroelectric power project 
shall be FERC's approval, prior to any commencement of construction, of 
a finance plan submitted by Gustavus Electric Company.
    (2) The National Park Service, as the existing supervisor of 
potential project lands ultimately to be deleted from the Federal 
reservation in accordance with this Act, waives its right to impose 
mandatory conditions on such project lands pursuant to section 4(e) of 
the Federal Power Act (16 U.S.C. 797(e)).
    (3) FERC shall not license or relicense the project, or amend the 
project license unless it determines, with the Secretary's concurrence, 
that the project will not adversely impact the purposes and values of 
Glacier Bay National Park and Preserve (as constituted after the 
consummation of the land exchange authorized by this Act). 
Additionally, a condition of the license, or any succeeding license, to 
construct and operate any portion of the hydroelectric power project 
shall require the licensee to mitigate any adverse effects of the 
project on the purposes and values of Glacier Bay National Park and 
Preserve identified by the Secretary after the initial licensing.
    (4) A condition of the license to construct and operate any portion 
of the hydroelectric power project shall be the completion, prior to 
any commencement of construction, of the land exchange described in 
this Act.

SEC. 4. ROLE OF SECRETARY OF THE INTERIOR.

    (a) Special Use Permit.--Notwithstanding the provisions of the 
Wilderness Act (16 U.S.C. 1133-1136), the Secretary shall issue a 
special use permit to Gustavus Electric Company to allow the completion 
of the analyses referred to in section 3. The Secretary shall impose 
conditions in the permit as needed to protect the purposes and values 
of Glacier Bay National Park and Preserve.
    (b) Park System.--The lands acquired from the State of Alaska under 
this Act shall be added to and administered as part of the National 
Park System, subject to valid existing rights. Upon completion of the 
exchange of lands under this Act, the Secretary shall adjust, as 
necessary, the boundaries of the affected National Park System units to 
include the lands acquired from the State of Alaska; and adjust the 
boundary of Glacier Bay National Park and Preserve to exclude the lands 
transferred to the State of Alaska under this Act. Any such adjustment 
to the boundaries of National Park System units resulting from this Act 
shall not be charged against any acreage limitations under section 
103(b) of Public Law 96-487.
    (c) Wilderness Area Boundaries.--The Secretary shall make any 
necessary modifications or adjustments of boundaries of wilderness 
areas as a result of the additions and deletions caused by the land 
exchange referenced in section 2. Any such adjustment to the boundaries 
of National Park System units shall not be considered in applying any 
acreage limitations under section 103(b) of Public Law 96-487.
    (d) Concurrence of the Secretary.--Whenever in this Act the 
concurrence of the Secretary is required, it shall not be unlawfully 
withheld or unreasonably delayed.

SEC. 5. APPLICABLE LAW.

    The authorities and jurisdiction provided in this Act shall 
continue in effect until such time as this Act is expressly modified or 
repealed by Congress.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.

Output: Glacier Bay National Park Boundary Adjustment Act of 1998 - Provides for:  (1) an exchange of specified State lands in Alaska for specified Federal lands to be completed within six months after the issuance of a license to Gustavus Electric Company (GEC) by the Federal Energy Regulatory Commission (FERC) for the construction and operation of a hydroelectric project on such Federal lands; or (2) the exchange of other specified Alaska lands having a sufficiently equal value to satisfy State and Federal law within one year after such license is issued if the Secretary of the Interior and Alaska have not agreed on which lands Alaska will convey within such six-month period. 
Designates specified State lands and waters in Alaska as wilderness upon consummation of such exchange to ensure that this transaction maintains approximately the same amount of area of designated wilderness. 
Conditions such land exchange on:  (1) FERC's having conducted economic and environmental analyses pursuant to the Federal Power Act (FPA), the National Environmental Policy Act of 1969, and the Fish and Wildlife Coordination Act that conclude that the construction and operation of a hydroelectric power project on such lands will not adversely impact the purposes and values of the Glacier Bay National Park and Preserve, will comply with the requirements of the National Historic Preservation Act, and can be accomplished in an economically feasible manner; (2) FERC holding at least one public meeting in Gustavus, Alaska, allowing its citizens to express their views on the proposed project; (3) FERC having determined, with the concurrence of the Secretary and Alaska, the minimum amount of land necessary to construct and operate the project; (4) GEC having been granted a FERC license that requires it to submit an acceptable financing plan to FERC before project construction commences; and (5) FERC approving such plan. 
Makes the FERC licensing process applicable to any application submitted by GEC to FERC for the right to construct and operate a hydropower project on specified Alaska lands.  Authorizes FERC to accept and consider an application filed by GEC for construction and operation of such a project, notwithstanding FPA provisions, if submitted within three years after this Act's enactment.  Provides for FERC to retain jurisdiction over any hydropower project constructed on such site.  Sets forth additional provisions regarding issuance of a license for construction or operation of such a project. 
(Sec. 4) Directs the Secretary to issue a special use permit to GEC to allow completion of the required analyses.  Requires the Secretary to impose conditions in the permit as needed to protect the purposes and values of the Preserve.  Requires the lands acquired from Alaska to be added to and administered as part of the National Park System, subject to valid existing rights. 
Continues the authorities and jurisdiction provided in this Act until expressly modified or repealed by the Congress.


Input: Consider Input: SECTION 1. FINDINGS.

    Congress finds that--
            (1) in section 1103(a)(2) of the Water Resources 
        Development Act of 1986 (100 Stat. 4225), Congress recognized 
        the Upper Mississippi River System as ``a nationally 
        significant ecosystem and a nationally significant commercial 
        navigation system'' and declared that the system ``shall be 
        administered and regulated in recognition of its several 
        purposes'';
            (2) inaction on construction of new locks will lead to 
        economic decline, and inaction on implementation of an enhanced 
        ecosystem restoration program will lead to further 
        environmental decline;
            (3) the Upper Mississippi River and Illinois Waterway carry 
        approximately 60 percent of the corn exports of the United 
        States and 45 percent of the soybean exports of the United 
        States, providing a significant positive balance of trade 
        benefit for the Nation;
            (4) the movement of more than 100,000,000 tons of product 
        supports 400,000 full- and part-time jobs in the United States, 
        generating over $4,000,000,000 in income and $12,000,000,000 to 
        $15,000,000,000 in economic activity;
            (5) Midwestern utilities use coal, the second largest 
        category of cargo shipped on the Upper Mississippi River 
        System, to produce cost-efficient energy;
            (6) keeping the cost of transportation lower through 
        competition between transportation modes is the United States 
        farmer's competitive advantage in capturing future global 
        growth in agricultural exports;
            (7) United States farm and trade policies work to open 
        world markets and promote United States exports, and water 
        resource policy has provided a low-cost transportation 
        alternative to other modes;
            (8) the Department of Agriculture projects that corn 
        exports will grow 44 percent over the next decade, with a \1/3\ 
        increase in growth exported through the Gulf of Mexico;
            (9) United States exports of soybeans and soybean products 
        topped 1,000,000,000 bushels for the third straight year in 
        2003, with roughly 75 percent exported through the Port of New 
        Orleans via the Mississippi waterways and its tributaries;
            (10) those transportation savings--
                    (A) provide higher income to farmers and rural 
                communities; and
                    (B) generate Federal and State taxes to support 
                community activities, quality of life, and national 
                benefits;
            (11) the construction of new 1,200-foot locks and lock 
        extensions will provide more than 48,000,000 man-hours of 
        employment over 10 to 15 years;
            (12) foreign competitors have worked over the last 10 years 
        to improve foreign transportation infrastructure to compete 
        more effectively with United States production;
            (13) the inland waterway transportation system moves 16 
        percent of the freight in the United States for 2 percent of 
        the cost, including more than 100,000,000 tons on the Upper 
        Mississippi River System;
            (14) the Department of Transportation projects that freight 
        congestion on the roads and rails in the United States will 
        double in the next 25 years and that water transportation will 
        need to play an increasing role in moving freight;
            (15) the movement of 100,000,000 tons on the river system 
        in 4,400 15-barge tows out of harms way would require an 
        equivalent of 4,000,000 trucks or 1,000,000 rail cars moving 
        directly through our communities;
            (16) econometric models are useful analytic tools to 
        provide valuable information, but are unable to account for 
        every market trend, development, and public policy impact;
            (17) the current capacity of the Upper Mississippi River 
        System is--
                    (A) declining by 10 percent annually because of 
                unplanned closures of a 70-year old infrastructure; and
                    (B) reducing the potential for sustained growth;
            (18) the current 600-foot lock system was designed for 
        steamboats, at a time when 4,000,000 tons moved on the 
        Mississippi River and a total of 2,000,000,000 bushels of corn 
        were produced nationally, compared to today, when 100,000,000 
        to 120,000,000 tons are shipped and the national production of 
        corn exceeds 10,000,000,000 bushels;
            (19) the 600-foot locks at Locks and Dam Nos. 20, 21, 22, 
        24, and 25 on the Upper Mississippi River and LaGrange and 
        Peoria on the Illinois Waterway are operating at 80 percent 
        utilization and are unable to provide for or process 
        effectively the volatile growth of traditional export grain 
        markets;
            (20) based on the current construction schedule of new 
        locks and dams on the inland system, lock modernization will 
        need to take place over 30 years, starting immediately, as an 
        imperative to avoid lost export grain sales and diminished 
        national competitiveness;
            (21) the Corps of Engineers has been studying the needs for 
        national investments on the Upper Mississippi River System for 
        the last 15 years and has based initial recommendations on the 
        best available information and science;
            (22) the Upper Mississippi and Illinois Rivers ecosystem 
        consists of hundreds of thousands of acres of bottomland 
        forests, islands, backwaters, side channels, and wetlands;
            (23) the river ecosystem is home to 270 species of birds, 
        57 species of mammals, 45 species of amphibians and reptiles, 
        113 species of fish, and nearly 50 species of mussels;
            (24) more than 40 percent of migratory waterfowl and 
        shorebirds in North America depend on the river for food, 
        shelter, and habitat during migration;
            (25) the annual operation of the Upper Mississippi River 
        Basin needs to take into consideration opportunities for 
        ecosystem restoration;
            (26) development since the 1930s has altered and reduced 
        the biological diversity of the large flood plain river systems 
        of the Upper Mississippi and Illinois Rivers;
            (27) Congress recognizes the need for significant Federal 
        investment in the restoration of the Upper Mississippi and 
        Illinois River ecosystems;
            (28) the Upper Mississippi River System provides important 
        economic benefits from recreational and tourist uses, resulting 
        in the basin's receiving more visitors annually than most 
        National Parks, with the ecosystems and wildlife being the main 
        attractions;
            (29) the Upper Mississippi River System--
                    (A) includes 284,688 acres of National Wildlife 
                Refuge land that is managed as habitat for migratory 
                birds, fish, threatened and endangered species, and a 
                diverse assortment of other species and related 
                habitats; and
                    (B) provides many recreational opportunities; and
            (30) the Upper Mississippi River System also includes over 
        975,000 acres of land protected by levees and needs a balanced 
        ecosystem restoration program that adequately considers the 
        existing network of flood control infrastructure that protects 
        thousands of homes and businesses.

SEC. 2. ENHANCED NAVIGATION CAPACITY IMPROVEMENTS AND ECOSYSTEM 
              RESTORATION PLAN FOR THE UPPER MISSISSIPPI RIVER AND 
              ILLINOIS WATERWAY SYSTEM.

    (a) Definitions.--In this section, the following definitions apply:
            (1) Plan.--The term ``Plan'' means the preferred integrated 
        plan contained in the document entitled ``Integrated 
        Feasibility Report and Programmatic Environmental Impact 
        Statement for the UMR-IWW System Navigation Feasibility 
        System'' and dated April 29, 2004.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Army.
            (3) Upper mississippi river and illinois waterway system.--
        The term ``Upper Mississippi River and Illinois Waterway 
        System'' means the projects for navigation and ecosystem 
        restoration authorized by Congress for--
                    (A) the segment of the Mississippi River from the 
                confluence with the Ohio River, River Mile 0.0, to 
                Upper St. Anthony Falls Lock in Minneapolis-St. Paul, 
                Minnesota, River Mile 854.0; and
                    (B) the Illinois Waterway from its confluence with 
                the Mississippi River at Grafton, Illinois, River Mile 
                0.0, to T.J. O'Brien Lock in Chicago, Illinois, River 
                Mile 327.0.
    (b) Authorization of Construction of Navigation Improvements.--
            (1) Small scale and nonstructural measures.--At a cost of 
        $24,000,000 in funds from the general fund of the Treasury, to 
        be matched in an equal amount from the Inland Waterways Trust 
        Fund (which is paid by private users), the Secretary shall--
                    (A) construct mooring facilities at Locks 12, 14, 
                18, 20, 22, 24, and LaGrange Lock;
                    (B) provide switchboats at Locks 20 through 25 over 
                5 years for project operation; and
                    (C) conduct development and testing of an 
                appointment scheduling system.
            (2) New locks.--At a cost of $730,000,000 in funds from the 
        general fund of the Treasury, with an equal matching amount 
        provided from the Inland Waterways Trust Fund (which is paid by 
        the private users), the Secretary shall construct new 1,200-
        foot locks at Locks 20, 21, 22, 24, and 25 on the Upper 
        Mississippi River and at LaGrange Lock and Peoria Lock on the 
        Illinois Waterway.
            (3) Mitigation.--At a cost of $100,000,000 in funds from 
        the general fund of the Treasury, with an equal matching amount 
        provided from the Inland Waterway Trust Fund (which is paid by 
        private users), the Secretary shall conduct mitigation for new 
        locks and small scale and nonstructural measures authorized 
        under paragraphs (1) and (2).
    (c) Ecosystem Restoration Authorization.--
            (1) Operation.--To ensure the environmental sustainability 
        of the existing Upper Mississippi River and Illinois Waterway 
        System, the Secretary shall modify, consistent with 
        requirements to avoid any adverse effects on navigation, the 
        operation of the Upper Mississippi River and Illinois Waterway 
        System to address the cumulative environmental impacts of 
        operation of the system and improve the ecological integrity of 
        the Upper Mississippi River and Illinois River.
            (2) Ecosystem restoration projects.--
                    (A) In general.--The Secretary shall carry out, 
                consistent with requirements to avoid any adverse 
                effects on navigation, ecosystem restoration projects 
                to attain and maintain the sustainability of the 
                ecosystem of the Upper Mississippi River and Illinois 
                River in accordance with the general framework outlined 
                in the Plan.
                    (B) Projects included.--Ecosystem restoration 
                projects may include--
                            (i) island building;
                            (ii) construction of fish passages;
                            (iii) floodplain restoration;
                            (iv) water level management (including 
                        water drawdown);
                            (v) backwater restoration;
                            (vi) side channel restoration;
                            (vii) wing dam and dike restoration and 
                        modification;
                            (viii) island and shoreline protection;
                            (ix) topographical diversity;
                            (x) dam point control;
                            (xi) use of dredged material for 
                        environmental purposes;
                            (xii) tributary confluence restoration;
                            (xiii) spillway modification to benefit the 
                        environment;
                            (xiv) land easement authority; and
                            (xv) land acquisition.
                    (C) Cost sharing.--
                            (i) In general.--Except as provided in 
                        clause (ii), the Federal share of the cost of 
                        carrying out an ecosystem restoration project 
                        under this paragraph shall be 65 percent.
                            (ii) Exception for certain restoration 
                        projects.--In the case of a project under this 
                        paragraph for ecosystem restoration, the 
                        Federal share of the cost of carrying out the 
                        project shall be 100 percent if the project--
                                    (I) is located below the ordinary 
                                high water mark or in a connected 
                                backwater;
                                    (II) modifies the operation or 
                                structures for navigation; or
                                    (III) is located on federally owned 
                                land.
                            (iii) Nongovernmental organizations.--
                        Nongovernmental organizations shall be eligible 
                        to contribute the non-Federal cost-sharing 
                        requirements applicable to projects under this 
                        paragraph.
                    (D) Land acquisition.--The Secretary may acquire 
                land or an interest in land for an ecosystem 
                restoration project from a willing owner through 
                conveyance of--
                            (i) fee title to the land; or
                            (ii) a flood plain conservation easement.
            (3) Specific projects authorization.--
                    (A) In general.--Subject to subparagraph (B), the 
                ecosystem restoration projects described in paragraph 
                (2) shall be carried out at a total construction cost 
                of $1,460,000,000.
                    (B) Limitation on available funds.--Of the amounts 
                made available under subparagraph (A), not more than 
                $35,000,000 for each fiscal year shall be available for 
                land acquisition under paragraph (2)(D).
            (4) Implementation reports.--
                    (A) In general.--Not later than June 30, 2005, and 
                every 4 years thereafter, the Secretary shall submit to 
                the Committee on Environment and Public Works of the 
                Senate and the Committee on Transportation and 
                Infrastructure of the House of Representatives an 
                implementation report that--
                            (i) includes baselines, benchmarks, goals, 
                        and priorities for ecosystem restoration 
                        projects; and
                            (ii) measures the progress in meeting the 
                        goals.
                    (B) Advisory panel.--
                            (i) In general.--The Secretary shall 
                        appoint and convene an advisory panel to 
                        provide independent guidance in the development 
                        of each implementation report under 
                        subparagraph (A).
                            (ii) Panelists.--Panelists shall include--
                                    (I) 1 representative of each of the 
                                State resource agencies (or a designee 
                                of the Governor of the State) from each 
                                of the States of Illinois, Iowa, 
                                Minnesota, Missouri, and Wisconsin;
                                    (II) 1 representative of the 
                                Department of Agriculture;
                                    (III) 1 representative of the 
                                Department of Transportation;
                                    (IV) 1 representative of the United 
                                States Geological Survey;
                                    (V) 1 representative of the United 
                                States Fish and Wildlife Service;
                                    (VI) 1 representative of the 
                                Environmental Protection Agency;
                                    (VII) 1 representative of affected 
                                landowners;
                                    (VIII) 2 representatives of 
                                conservation and environmental advocacy 
                                groups; and
                                    (IX) 2 representatives of 
                                agriculture and industry advocacy 
                                groups.
                            (iii) Co-chairpersons.--The Secretary and 
                        the Secretary of the Interior shall serve as 
                        co-chairpersons of the advisory panel.
    (d) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated 
        such sums as may be necessary to carry out subsection (c) for 
        fiscal years 2006 through 2020.
            (2) Special rules.--After fiscal year 2020--
                    (A) funds that have been made available under this 
                subsection, but have not been expended, may be 
                expended; and
                    (B) funds that have been authorized to be 
                appropriated by this subsection, but have not been made 
                available, may be made available.


Output: Directs the Secretary of the Army (at a specified cost of Treasury funds to be matched by the Inland Waterways Trust Fund, which is paid by private users) to: (1) construct mooring facilities at Locks 12, 14, 18, 20, 22, 24, and LaGrange Lock, provide switch boats at Locks 20 through 25 over five years for project operation, and conduct development and testing of an appointment scheduling system; (2) construct new 1,200-foot locks at Locks 20, 21, 22, 24, and 25 on the Upper Mississippi River and at LaGrange Lock and Peoria Lock on the Illinois Waterway; and (3) conduct mitigation for new locks and small scale and nonstructural measures authorized under this Act.

Directs the Secretary to modify the operation of the Upper Mississippi River and Illinois Waterway System to address the cumulative environmental impacts of operation of the system and improve the ecological integrity of the Upper Mississippi River and Illinois River.

Directs the Secretary to carry out ecosystem restoration projects to attain and maintain the ecosystem of the Upper Mississippi River and Illinois River in accordance with the general framework outlined in the preferred integrated plan contained in the Integrated Feasibility Report and Programmatic Environmental Impact Statement for the UMR-IWW System Navigation Feasibility System, dated April 29, 2004. Lists projects that may be included, such as island building, floodplain restoration, and land acquisition.

Directs the Secretary to: (1) submit implementation reports to specified congressional committees; and (2) appoint and convene an advisory panel.