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Q: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Amtrak Investment Act of 1994''.

SEC. 2. FINDINGS.

The Congress finds that--
(1) intercity rail passenger service is an essential
component of the integrated national transportation system;
however, to achieve its full potential the National Railroad
Passenger Corporation (Amtrak) must provide a quality
transportation product in the form of clean, comfortable, and
on-time service;
(2) Amtrak's management and employees are dedicated to
providing the high quality service that Amtrak's customers
deserve; however, additional capital investment is needed to
acquire the modern equipment and efficient facilities that are
essential to satisfy the demand for superior intercity rail
passenger service;
(3) significant levels of Federal capital investment will
enable Amtrak to provide the world class service American rail
passengers deserve, and will reduce operating costs in the long
term;
(4) Amtrak's management should be held accountable to
ensure that all capital investment by the Federal Government is
effectively used to improve the quality of service and the
long-term financial health of Amtrak;
(5) the Secretary of Transportation, as an ex officio
member of Amtrak's board of directors, should use this position
to evaluate Amtrak's costs and revenue elements to ensure that
Amtrak provides excellent service to its customers and that
Amtrak uses its Federal investment wisely and efficiently;
(6) States can play a significant role in providing cost-
efficient intercity rail passenger transportation and in
addressing local transportation needs and air quality control;
and
(7) the freight railroads represent a critical part of the
Nation's transportation infrastructure, which should help to
provide expeditious and cost-effective delivery of passenger
trains.

SEC. 3. WORLD CLASS SERVICE.

Section 24101(c) of title 49, United States Code, is amended--
(1) by striking ''and'' at the end of paragraph (10);
(2) by striking the period at the end of paragraph (11) and
inserting in lieu thereof ''; and''; and
(3) by adding at the end the following new paragraph:
''(12) manage capital investment in such a way as to
provide its customers with world class service.''.

SEC. 4. RETURN ON INVESTMENT.

Section 24315(b)(1) of title 49, United States Code, is amended--
(1) by striking ''and'' at the end of subparagraph (A);
(2) by striking the period at the end of subparagraph (B)
and inserting in lieu thereof ''; and''; and
(3) by adding at the end the following:
''(C) shall include projections of the anticipated benefits
of the projects proposed for funding under this part and a
report on the benefits actually realized from all projects
previously funded under this part, or legislation on which this
part is based, beginning with funds provided in fiscal year
1994.
Such report shall include an identification of improvements in the
quality of service offered by Amtrak, facility improvements that
demonstrate a productivity gain, equipment improvements that lower
operating costs, environmental benefits (including air quality and land
use), enhancements to local transportation needs, enhancements to
mobility of physically and economically disadvantaged persons, an
improvement to the revenue-to-cost ratio, reduced dependence on Federal
operating support, and reductions in the need for alternative
transportation investments. To the extent practicable, the benefits
addressed in each report shall also be expressed as return on invested
capital.''.

SEC. 5. STATE REQUESTED RAIL PASSENGER TRANSPORTATION.

(a) State/Federal Formula.--(1) Section 24704 of title 49, United
States Code, is amended--
(A) in subsection (a)(1)(C)--
(i) by striking ''short term'' both places it
appears and inserting in lieu thereof ''long-term'';
and
(ii) by striking ''65 percent'' and inserting in
lieu thereof ''55 percent'';
(B) in subsection (b)--
(i) by adding at the end of paragraph (2) the
following new sentence: ''Any such renewal shall
require the State, agency, or person to provide a
statement that such State, agency, or person agrees to
pay in each year of operation, beginning with the first
year of operation of service under such renewed
agreement, at least 55 percent of the long-term
avoidable losses of operating such service and at least
50 percent of the associated capital costs.''; and
(ii) by inserting at the end the following new
paragraph:
''(3) Amtrak is authorized to contribute in each year of operation
of any service instituted or retained pursuant to this section no more
than--
''(A) 55 percent in the first year of such operation; and
''(B) 45 percent in each year of operation thereafter,
of the long-term avoidable losses of operating such service and no more
than 50 percent of the associated capital costs.''.
(2) The amendments made by paragraph (1) shall only apply with
respect to fiscal year 1996 and subsequent fiscal years.
(b) Review of Program.--Within 2 years after the date of enactment
of this Act, the Secretary of Transportation shall conduct a
comprehensive review of the program of State-assisted rail passenger
services operated by Amtrak under section 24704 of title 49, United
States Code, and shall submit a report to the Congress detailing the
Secretary's findings and conclusions, including any recommendations the
Secretary may have for revising such section 24704. The Secretary's
report shall address, among other things, whether and at what point
services originated under section 24704 should become a part of the
basic system of intercity rail passenger transportation and shall
identify any other avenues for initiating and implementing new rail
passenger transportation.

SEC. 6. NORTHEAST CORRIDOR IMPROVEMENT PROGRAM.

(a) Capital Improvements.--(1) Section 24902(h) of title 49, United
States Code, is amended--
(A) by inserting ''(1)'' before ''If practicable''; and
(B) by adding at the end the following new paragraph:
''(2) Amtrak shall make capital improvements for the Northeast
Corridor improvement program under this chapter as necessary to operate
reliable, high-speed rail passenger service, to enhance capacity for
intercity and commuter passenger transportation, and as otherwise may
be necessary to ensure continued reliable high-speed service. Amtrak
shall also acquire train equipment to be used on the Northeast
Corridor, mitigate environmental impacts related to the Northeast
Corridor improvement program, and provide adequate parking at and
improve Northeast Corridor rail stations.''.
(2) Section 24909 of title 49, United States Code, is amended--
(A) by striking subsection (e); and
(B) by redesignating subsections (f) and (g) as subsections
(e) and (f), respectively.
(b) Boston-New Haven Electrification Project.--(1) Section 24902(f)
of title 49, United States Code, is amended--
(A) by inserting ''(1)'' before ''Improvements under''; and
(B) by adding at the end the following new paragraph:
''(2) Amtrak shall design and construct the electrification system
between Boston, Massachusetts, and New Haven, Connecticut, to
accommodate the installation of a third mainline track between
Davisville and Central Falls, Rhode Island, to be used for double-stack
freight service to and from the Port of Davisville. Wherever
practicable, Amtrak shall use portal structures and realign existing
tracks on undergrade and overgrade bridges to minimize the width of the
right-of-way required to add the third track. Amtrak shall take such
other steps as may be required to coordinate and facilitate design and
construction work.''.
(2) Amtrak shall, not later than 6 months after the date of
enactment of this Act, transmit to the Congress a report detailing its
electrification design between Davisville and Central Falls, Rhode
Island, and describing efforts to comply with section 24902(f)(2) of
title 49, United States Code.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

Section 24104 of title 49, United States Code, is amended--
(1) in subsection (a)(1), by inserting ''and not more than
$332,000,000 for fiscal year 1995 and $335,000,000 for fiscal
year 1996 may be appropriated to the Secretary,'' after
''September 30, 1994,'';
(2) in subsection (a)(2), by adding at the end the
following new subparagraphs:
''(C) $250,000,000 for fiscal year 1995.
''(D) $250,000,000 for fiscal year 1996.'';
(3) in subsection (b)(1), by inserting ''Not more than
$373,000,000 for fiscal year 1995 and $373,000,000 for fiscal
year 1996 may be appropriated to the Secretary for the benefit
of Amtrak for operating expenses.'' after ''for operating
expenses.'';
(4) in subsection (b)(2)(A), by adding at the end the
following new clauses:
''(iii) $17,000,000 for fiscal year 1995.
''(iv) $17,000,000 for fiscal year 1996.'';
(5) in subsection (c)(1)--
(A) by striking ''and'' after ''September 30,
1993,''; and
(B) by inserting ''$156,000,000 for fiscal year
1995, and $165,000,000 for fiscal year 1996,'' after
''September 30, 1994,''; and
(6) by amending subsection (d) to read as follows:
''(d) Administration of Appropriations.--Notwithstanding section
6304 of title 31, United States Code, funds appropriated pursuant to
this section shall be provided to Amtrak upon appropriation when
requested by Amtrak.''.

SEC. 8. CAPITAL AND EQUIPMENT ACQUISITION ACCOUNT.

(a) Amendment.--Chapter 243 of title 49, United States Code, is
amended by adding at the end the following new section:

''SEC. 24316. CAPITAL AND EQUIPMENT ACQUISITION ACCOUNT.

''(a) Establishment.--Amtrak shall establish a Capital and
Equipment Acquisition Account. Amounts in this account shall be used by
Amtrak to--
''(1) acquire passenger equipment and locomotives;
''(2) encourage State and local investment in facilities
and equipment used to provide intercity rail passenger
transportation; and
''(3) address other critical capital priorities.
''(b) Deposits.--Amtrak may deposit into the Capital and Equipment
Acquisition Account--
''(1) payments received for the use of its equipment or
facilities;
''(2) claims recovered by Amtrak; and
''(3) amounts from any other source to the extent
authorized by Federal law.''.
(b) Table of Sections Amendment.--The table of sections for chapter
243 of title 49, United States Code, is amended by adding at the end
the following new item:

''24316. Capital and equipment acquisition account.''.

SEC. 9. ON-TIME PERFORMANCE.

(a) Comparison.--The Secretary of Transportation shall conduct a
direct comparison of the on-time performance of Amtrak compared to
other modes of commercial passenger transportation, using consistent
methodologies.
(b) Report to Congress.--The Secretary of Transportation shall, not
later than 1 year after the date of enactment of this Act, transmit to
the Congress a report on the results of the comparison required by
subsection (a), along with an explanation of the differences found in
on-time performance between modes of transportation, including
consideration of the age and condition of equipment and any other
differences among the modes that affect the ability to achieve on-time
service.

SEC. 10. COOPERATION WITH STUDY.

Amtrak shall cooperate with the efforts of the Virginia State
Department of Transportation in designing and carrying out a study on
the feasibility of reestablishing rail service between Washington,
D.C., and Bristol, Virginia.

SEC. 11. BURBANK-GLENDALE-PASADENA, CALIFORNIA, STATION FACILITIES.

Amtrak shall develop a plan for new station facilities at the
Burbank-Glendale-Pasadena Airport to accommodate the intercity rail
passenger requirements of Amtrak, along with the needs of the commuter
rail services serving the Burbank-Glendale-Pasadena metropolitan area.
In developing the plan, Amtrak shall consider use of a facility at the
airport as a primary facility for handling intercity and commuter
passengers, shall evaluate sources of State, local, and private funding
for the new station facilities, and shall propose the allocation of
space and costs in the new facilities among all transportation services
using the facilities. The plan shall be predicated upon completing the
project with State, local, and private funding, and without Federal
funds appropriated for Amtrak. Amtrak shall submit a report to the
Committee on Energy and Commerce of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate
containing such plan no later than April 1, 1995.

SEC. 12. CITY OF ONTARIO, CALIFORNIA, STATION FACILITIES.

Amtrak shall develop a plan for new or redeveloped station
facilities in the City of Ontario, California, to accommodate the
intercity rail passenger requirements of Amtrak, along with the needs
of the commuter rail services servicing the City of Ontario. In
developing the plan, Amtrak shall consider use of a facility at the
Ontario International Airport as the primary facility for handling
intercity passengers, shall evaluate sources of State, local, and
private funding for the new or redeveloped station facilities, and
shall propose the allocation of space and costs in the new facilities
among all transportation services using the facilities. The plan shall
be predicated upon completing the project with State, local, and
private funding, and without Federal funds appropriated for Amtrak.
Amtrak shall submit a report to the Committee on Energy and Commerce of
the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate containing such plan no later than
April 1, 1995.

SEC. 13. LAND CONVEYANCE.

(a) Validation and Confirmation.--The conveyance described in
subsection (b)(1) involving certain real property in Tulare County,
California, forming a part of the right-of-way granted by the United
States to the Southern Pacific Railroad under the Act entitled ''An Act
granting Lands to aid in the Construction of a Railroad and Telegraph
Line from the States of Missouri and Arkansas to the Pacific Coast'',
approved July 27, 1866 (14 Stat. 292), is legalized, validated, and
confirmed in the Redevelopment Agency of the city of Tulare, the
grantee in such conveyance, and their successors in interest, with
respect to all interests of the United States in the rights to the real
property described in subsection (b)(2).
(b) Conveyance and Real Property Described.--
(1) Conveyance.--The conveyance referred to in subsection
(a) was made by a Judgment in Condemnation and Final Order of
Condemnation of the Superior Court in and for the county of
Tulare, State of California in Action No. 150298 entitled
''Redevelopment Agency of the City of Tulare v. Southern
Pacific Transportation Company'' filed and entered March 10,
1992, by the Southern Pacific Transportation Company to the
Redevelopment Agency of the city of Tulare.
(2) Real property described.--The real property referred to
in subsection (a) is a parcel of land in the northwest quarter
of section 11, township 20 south, range 24 east, Mount Diablo
Base and meridian in the city of Tulare, county of Tulare,
State of California, more particularly described as follows:
Commencing at the intersection of the centerlines of Tulare
Avenue and ''J'' Street;
Thence north 10 degrees 20 minutes 00 seconds west 208.54
feet along the centerline of ''J'' Street;
Thence south 79 degrees 39 minutes 36 seconds west 40.00
feet to the westerly right-of-way line of ''J'' Street and the
True Point of Beginning;
Thence south 10 degrees 20 minutes 00 seconds east 148.54
feet along said westerly right-of-way line to the beginning of
a tangent curve concave to the northwest having a radius of
20.00 feet, a radial line through which bears north 79 degrees
40 minutes 00 seconds east;
Thence south, southwesterly and westerly along said curve
and right-of-way line through a central angle of 89 degrees 59
minutes 36 seconds to the northerly right-of-way line of Tulare
Avenue;
Thence south 79 degrees 39 minutes 36 seconds west 159.89
feet along last said right-of-way line;
Thence leaving said right-of-way line north 10 degrees 20
minutes 00 seconds west 168.54 feet parallel with the
centerline of ''J'' Street;
Thence north 79 degrees 39 minutes 36 seconds east 179.88
feet to the Point of Beginning.
Containing 0.69 acres.

SEC. 14. RESIDENCE OF EMPLOYEES.

The amendments made by section 7 of the Amtrak Reauthorization and
Improvement Act of 1990 shall apply to all periods before and after the
date of their enactment.

A: Amtrak Investment Act of 1994 - Amends Federal transportation law to make it a goal of the National Railroad Passenger Corporation (AMTRAK) to manage its capital investment in such a way as to provide its customers with world class service.
(Sec. 4) Requires AMTRAK to include in its annual report on its operations to the President and the Congress projections of anticipated and realized benefits of proposed and previously funded projects.
(Sec. 5) Requires applications by a State, agency, or person requesting AMTRAK to provide rail passenger transportation, or to keep a train, route, or service that AMTRAK intends to discontinue, to commit it to provide at least 65 percent of the long-term loss (currently, short-term loss) of providing such transportation in the first year, and at least 55 percent of such loss in each succeeding year. Requires a State, agency, or person, with respect to the renewal of such service, to state that it agrees to pay at least 55 percent of the long-term avoidable losses of operating such service and at least 50 percent of the associated capital costs. Authorizes AMTRAK for each year of operation to contribute no more than 55 percent of the long-term avoidable losses in the first year of operation, and no more than 45 percent in each succeeding year.
Directs the Secretary of Transportation (Secretary) to review AMTRAK's State-assisted rail passenger services program and report the results, including recommendations for revising such program, to the Congress.
(Sec. 6) Directs AMTRAK to make capital improvements for the Northeast Corridor improvement project necessary for reliable, high- speed rail passenger service and enhancement of capacity for intercity and commuter passenger service.
Requires AMTRAK to construct an electrification system between Boston, Massachusetts, and New Haven, Connecticut, to accommodate the installation of a third mainline track between Davisville and Central Falls, Rhode Island, to be used for double-stack freight service to and from the Port of Davisville. Requires AMTRAK to report to the Congress on its electrification design between Davisville and Central Falls, Rhode Island.
(Sec. 7) Authorizes appropriations for: (1) capital acquisition and corridor development; (2) AMTRAK operating expenses; (3) AMTRAK operating losses; and (4) certain mandatory payments.
(Sec. 8) Directs AMTRAK to establish a Capital and Equipment Acquisition Account.
(Sec. 9) Directs the Secretary to report to the Congress on the on-time performance of AMTRAK as compared to other modes of commercial transportation.
(Sec. 10) Requires AMTRAK to cooperate with the Virginia State Department of Transportation on a study of the feasibility of reestablishing rail service between Washington, D.C., and Bristol, Virginia.
(Sec. 11) Requires AMTRAK to develop plans for new station facilities at the Burbank-Glendale-Pasadena Airport and in Ontario, California.
(Sec. 13) Confirms the conveyance of U.S. interests in certain real property to Tulare County, California.
****
Q: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Scientifically Identifying the Need
for Critical Habitat Act''.

SEC. 2. DISCRETIONARY AUTHORITY TO DESIGNATE CRITICAL HABITAT.

Section 4(a)(3) of the Endangered Species Act of 1973 (16 U.S.C.
1533(a)(3)(A)) is amended to read as follows:
''(A) may designate any habitat of a species that is
determined under paragraph (1) to be an endangered species or
threatened species as critical habitat of such species; and ''.

SEC. 3. SOUND SCIENCE.

(a) Best Scientific and Commercial Data Available.--
(1) In general.--Section 3 of the Endangered Species Act of
1973 (16 U.S.C. 1532) is amended--
(A) by amending the section heading to read as
follows:

''SEC. 3. DEFINITIONS AND GENERAL PROVISIONS. '';

(B) by striking ''For the purposes of this Act--''
and inserting the following:
''(a) Definitions.--In this Act:''; and
(C) by adding at the end the following:
''(b) Use of Certain Data.--In any case in which the Secretary is
required by this Act to use the best scientific and commercial data
available, the Secretary, in evaluating comparable data, shall give
greater weight to scientific or commercial data that is empirical or
has been field-tested or peer-reviewed.''.
(2) Conforming amendment.--The table of contents in the
first section of the Endangered Species Act of 1973 (16 U.S.C.
prec. 1531) is amended by striking the item relating to section
3 and inserting the following:

''Sec. 3. Definitions and general provisions.''.
(b) Use of Sound Science in Listing.--Section 4(b) of the
Endangered Species Act of 1973 (16 U.S.C. 1533(b)) is amended by adding
at the end the following:
''(9) Establishment of criteria for scientific studies to
support listing.--Not later than 1 year after the date of
enactment of this paragraph, the Secretary shall promulgate
regulations that establish criteria that must be met for
scientific and commercial data to be used as the basis of a
determination under this section that a species is an
endangered species or a threatened species.
''(10) Field data.--
''(A) Requirement.--The Secretary may not determine
that a species is an endangered species or a threatened
species unless the determination is supported by data
obtained by observation of the species in the field.
''(B) Data from landowners.--The Secretary shall--
''(i) accept and acknowledge receipt of
data regarding the status of a species that is
collected by an owner of land through
observation of the species on the land; and
''(ii) include the data in the rulemaking
record compiled for any determination that the
species is an endangered species or a
threatened species.''.
(c) Use of Sound Science in Recovery Planning.--Section 4(f) of the
Endangered Species Act of 1973 (16 U.S.C. 1533(f)) is amended by adding
at the end the following:
''(6)(A) The Secretary shall identify and publish in the Federal
Register with the notice of a proposed regulation pursuant to paragraph
(5)(A)(i) a description of additional scientific and commercial data
that would assist in the preparation of a recovery plan and--
''(i) invite any person to submit the data to the
Secretary; and
''(ii) describe the steps that the Secretary plans to take
for acquiring additional data.
''(B) Data identified and obtained under subparagraph (A)(i) shall
be considered by the recovery team and the Secretary in the preparation
of the recovery plan in accordance with section 5.''.

SEC. 4. PEER REVIEW.

Section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) is
amended by adding at the end the following:
''(j) Independent Scientific Review Requirements.--
''(1) Definitions.--In this subsection:
''(A) Action.--The term 'action' means--
''(i) the determination that a species is
an endangered species or a threatened species
under subsection (a);
''(ii) the determination under subsection
(a) that an endangered species or a threatened
species be removed from any list published
under subsection (c)(1);
''(iii) the development of a recovery plan
for a threatened species or endangered species
under subsection (f); and
''(iv) the determination that a proposed
action is likely to jeopardize the continued
existence of a listed species and the proposal
of any reasonable and prudent alternatives by
the Secretary under section 7(b)(3).
''(B) Qualified individual.--The term 'qualified
individual' means an individual with expertise in the
biological sciences--
''(i) who through publication of peer-
reviewed scientific literature or other means,
has demonstrated scientific expertise on the
species or a similar species or other
scientific expertise relevant to the decision
of the Secretary under subsection (a) or (f);
''(ii) who does not have, or represent any
person with, a conflict of interest with
respect to the determination that is the
subject of the review;
''(iii) who is not a participant in any
petition or proposed or final determination
before the Secretary; and
''(iv) who has no direct financial
interest, and is not employed by any person
with a direct financial interest, in opposing
the action under consideration.
''(2) List of independent scientific reviewers.--The
Secretary shall solicit recommendations from the National
Academy of Sciences and develop and maintain a list of
qualified reviewers to participate in independent scientific
review actions.
''(3) Appointment of independent scientific reviewers.--(A)
Before any action shall become final, the Secretary shall
appoint randomly, from among the list prepared in accordance
with this section, 3 qualified individuals who shall review and
report to the Secretary on the scientific information and
analyses on which the proposed action is based.
''(B) The selection and activities of the referees selected
pursuant to this section shall not be subject to the Federal
Advisory Committee Act (5 U.S.C. App.).
''(C) Reviewers shall be compensated for conducting the
independent review.
''(4) Opinion of peer reviewers.--Independent reviewers
shall provide the Secretary, within 3 months, their opinion
regarding all relevant scientific information and assumptions
relating to the taxonomy, population models, and supportive
biological and ecological information for the species in
question.
''(5) Final determination.--If the referees have made a
recommendation on a proposed action, the Secretary shall
evaluate and consider the information that results from the
independent scientific review and include in the final
determination--
''(A) a summary of the results of the independent
scientific review; and
''(B) in a case in which the recommendation of a
majority of the referees who conducted the independent
scientific review is not followed, an explanation as to
why the recommendation was not followed.
''(6) Public notice.--The report of the peer reviewers
shall be included in the official record of the proposed action
and shall be available for public review prior to the close of
the comment period on the proposed action.''.

SEC. 5. IMPROVED RECOVERY PLANNING.

(a) Use of Information Provided by States.--Section 7(b)(1) of the
Endangered Species Act of 1973 (16 U.S.C. 1536(b)(1)) is amended by
adding at the end the following:
''(C) Use of state information.--In conducting a
consultation under subsection (a)(2), the Secretary
shall actively solicit and consider information from
the State agency in each affected State.''.
(b) Opportunity to Participate in Consultations.--Section 7(b)(1)
of the Endangered Species Act of 1973 (16 U.S.C. 1536(b)(1)) (as
amended by subsection (a)) is further amended by adding at the end the
following:
''(D) Opportunity to participate in
consultations.--
''(i) In general.--In conducting a
consultation under subsection (a)(2), the
Secretary shall provide any person who has
sought authorization or funding from a Federal
agency for an action that is the subject of the
consultation, the opportunity to--
''(I) before the development of a
draft biological opinion, submit and
discuss with the Secretary and the
Federal agency information relevant to
the effect of the proposed action on
the species and the availability of
reasonable and prudent alternatives (if
a jeopardy opinion is to be issued)
that the Federal agency and the person
can take to avoid violation of
subsection (a)(2);
''(II) receive information, on
request, subject to the exemptions
specified in section 552(b) of title 5,
United States Code, on the status of
the species, threats to the species,
and conservation measures, used by the
Secretary to develop the draft
biological opinion and the final
biological opinion, including the
associated incidental taking
statements; and
''(III) receive a copy of the draft
biological opinion from the Federal
agency and, before issuance of the
final biological opinion, submit
comments on the draft biological
opinion and discuss with the Secretary
and the Federal agency the basis for
any finding in the draft biological
opinion.
''(ii) Explanation.--If reasonable and
prudent alternatives are proposed by a person
under clause (i) and the Secretary does not
include the alternatives in the final
biological opinion, the Secretary shall explain
to the person why those alternatives were not
included in the opinion.
''(iii) Public access to information.--
Comments and other information submitted to, or
received from, any person (pursuant to clause
(i)) who seeks authorization or funding for an
action shall be maintained in a file for that
action by the Secretary and shall be made
available to the public (subject to the
exemptions specified in section 552(b) of title
5, United States Code).''.

A: Scientifically Identifying the Need for Critical Habitat Act - Amends the Endangered Species Act of 1973 to change from mandatory to discretionary the authority of the Secretary of the Interior to designate critical habitat of an endangered or threatened species.

Directs the Secretary, when required by the Act to use the best scientific and commercial data available, in evaluating comparable data to give greater weight to such data that is empirical or has been field-tested or peer-reviewed.

Specifies requirements for the use of sound science in the listing of endangered or threatened species such as: (1) the establishment of criteria for scientific studies to support the listing; (2) use of data obtained by observation of the species in the field; and (3) use of data from landowners who have observed such species on their land. Requires the use of sound science in the preparation of a recovery plan for an endangered or threatened species.

Sets forth requirements for: (1) peer review before certain action can become final with respect to endangered or threatened species; and (2) use of information provided by States affected by such species or their habitat for recovery plans.
****
Q: SECTION 1. ALEXANDER CREEK VILLAGE RECOGNITION.

The Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) is
amended by adding at the end the following:

''SEC. 43. ALEXANDER CREEK VILLAGE RECOGNITION.

''(a) Recognition of the Village of Alexander Creek.--Subject to
the limitations of this section and notwithstanding section 1432(d) of
the Alaska National Interest Lands Conservation Act (Public Law 96-487)
to the contrary, Alexander Creek, located within Township 15N, Range
7W, Seward Meridian, Alaska, is and shall be recognized as an eligible
Native village under section 11(b)(3) of this Act.
''(b) Definitions.--For the purposes of this section, the following
terms apply:
''(1) The term 'agency' includes--
''(A) any instrumentality of the United States;
''(B) any element of an agency; and
''(C) any wholly owned or mixed-owned corporation
of the United States Government identified in chapter
91 of title 31, United States Code.
''(2) The term 'conservation system unit' has the meaning
given that term in the Alaska National Interest Lands
Conservation Act.
''(3) The term 'Alexander Creek' means Alexander Creek
Incorporated, an Alaska Native Group corporation, organized
pursuant to this Act.
''(4) The term 'property' has the meaning given that term
in Public Law 94-204 (43 U.S.C. 1611 note).
''(5) The term 'Region' means Cook Inlet Region
Incorporated, an Alaska Native Regional Corporation, which is
the appropriate Regional Corporation for Alexander Creek under
section 1613(h) of this Act.
''(6) The term 'CIRI Property Account' means the account in
the Treasury established by the Secretary of the Treasury
pursuant to section 12(b) of Public Law 94-204 (43 U.S.C. 1611
note), referred to in that section as the 'Cook Inlet Region,
Incorporated property account'.
''(c) Establishment.--(1) The Secretary of the Treasury, in
consultation with the Secretary of the Interior, shall establish an
account in the Treasury to be known as the 'Alexander Creek account'
which shall be funded in the full amount provided for by this section
within 24 months of the date of enactment of this section
''(2) Funds in the Alexander Creek account shall--
''(A) be available to Alexander Creek for bidding on and
purchasing property sold at public sale, subject to paragraph
(3); and
''(B) remain available until expended.
''(3)(A) Alexander Creek may use funds in the Alexander Creek
account to bid as any other bidder for property in Alaska at any public
sale by an agency and may purchase such property in accordance with
applicable laws and regulations of the agency offering the property for
sale.
''(B) In conducting a transaction described in subparagraph (A), an
agency shall accept, in the same manner as cash, any amount tendered
from the Alexander Creek account. The Secretary of the Treasury shall
adjust the balance of the Alexander Creek account to reflect the
transaction.
''(C) The Secretary of the Treasury, in consultation with the
Secretary of the Interior, shall establish procedures for the following
transactions related to the Alexander Creek account:
''(i) Receipt of deposits.
''(ii) Receipt of deposits into escrow when an escrow is
required for the sale of property.
''(iii) Reinstatement to the Alexander Creek account of any
unused escrow deposits in the event that a sale of property is
not consummated.
''(d) Amount.--(1) The initial balance of the Alexander Creek
account shall be the fair market value as determined by the appraisal
conducted under subsection (g) of the surface estate of the
approximately 61,440 acres of deficiency selections previously made by
Alexander Creek, which comprise the following parcels of land:
''T. 2 T., R. 19 W., secs. 3 and 4.
''T. 2 T., R. 19 W., sec. 10.
''T. 2 T., R. 19 W., secs. 14 and 15.
''T. 3 T., R. 19 W., sec. 30.
''T. 2 T., R. 20 W., secs. 20 through 23.
''T. 3 T., R. 20 W., sec. 10.
''T. 3 T., R. 20 W., sec. 14.
''T. 3 T., R. 20 W., secs. 24 and 25.
''T. 1 T., R. 26 W., sec. 31.
''T. 2 T., R. 27 W., secs. 3 and 4.
''T. 2 T., R. 29 W., secs. 3 through 5.
''T. 2 S., R. 19 W., sec. 18.
''T. 2 S., R. 20 W., secs. 12 and 13.
''T. 2 S., R. 20 W., sec. 24.
''T. 2 S., R. 20 W., secs. 26 and 27.
''T. 2 S., R. 20 W., secs. 33 and 34.
''T. 3 S., R. 23 W., sec. 25.
''T. 6 S., R. 24 W., secs. 1 and 2.
''T. 6 S., R. 24 W., sec. 11.
''T. 6 S., R. 24 W., secs. 18 through 20.
''T. 9 S., R. 27 W., secs. 6 and 7.
''T. 7 S., R. 28 W., sec. 2.
''T. 7 S., R. 28 W., sec. 21.
''T. 7 S., R. 28 W., secs. 28 and 29.
''T. 7 S., R. 28 W., secs. 31 through 33.
''T. 8 S., R. 28 W., secs. 5 through 7.
''T. 9 S., R. 28 W., sec. 1.
''T. 9 S., R. 28 W., sec. 12.
''T. 7 S., R. 29 W., sec. 12.
''T. 8 S., R. 29 W., sec. 1.
''T. 8 S., R. 29 W., secs. 3 and 4.
''T. 8 S., R. 29 W., secs. 8 through 20.
''T. 2 N., R. 20 W., sec. 13.
''T. 1 N., R. 27 W., sec. 8.
''T. 1 N., R. 27 W., sec. 16.
''T. 1 N., R. 27 W., secs. 20 through 23.
''T. 1 N., R. 27 W., sec. 25.
''T. 1 N., R. 27 W., sec. 36.
''T. 1 N., R. 28 W., secs. 1 and 2.
''T. 1 N., R. 28 W., secs. 8 through 11.
''T. 1 N., R. 28 W., secs. 16 through 18.
''T. 3 S., R. 23 W., sec. 8.
''T. 3 S., R. 23 W., sec. 26.
''T. 3 S., R. 23 W., sec. 33.
''T. 6 S., R. 24 W., secs. 27 and 28.
''T. 7 S., R. 28 W., secs. 4 through 7.
''T. 7 S., R. 28 W., secs. 10 and 11.
''T. 7 S., R. 28 W., secs. 14 and 15.
''T. 7 S., R. 28 W., sec. 22.
''T. 8 S., R. 29 W., sec. 5.
''T. 2 N., R. 20 W., sec. 30.
''T. 3 N., R. 20 W., sec. 2.
''T. 3 N., R. 20 W., sec. 13.
''T. 4 N., R. 20 W., sec. 33.
''T. 2 N., R. 27 W., secs. 10 through 12.
''T. 11 N., R. 28 W., secs. 16 through 27.
''T. 2 N., R. 30 W., sec. 12.
''T. 1 S., R. 20 W., sec. 4.
''T. 3 S., R. 23 W., sec. 17.
''T. 3 S., R. 23 W., sec. 28.
''T. 6 S., R. 24 W., sec. 14.
''T. 6 S., R. 24 W., sec. 21.
''T. 6 S., R. 24 W., sec. 26.
''T. 5 S., R. 26 W., secs. 29 and 30.
''T. 7 S., R. 28 W., sec. 1.
''T. 7 S., R. 29 W., sec. 1.
''T. 7 S., R. 29 W., sec. 11.
''T. 7 S., R. 29 W., secs. 14 through 16.
''T. 7 S., R. 29 W., secs. 21 and 22.
''T. 2 N., R. 19 W., sec. 7.
''T. 2 N., R. 19 W., sec. 18.
''(2) The balance of the CIRI Property Account shall be increased
by an amount equal to the fair market value of the subsurface estate of
the approximately 61,440 acres of deficiency selections made by
Alexander Creek, as described in paragraph (1): Provided, That the
value of such subsurface estate shall not be less than 61,440
multiplied by the acre equivalent value of the Region's entitlement
lands under paragraph (2) of the second section of 12(b)(7)(iv) of the
Act of January 2, 1976 (Public Law 94-204). The funds added to the CIRI
Property Account pursuant to this subsection shall be segregated from
all other funds therein by a method to be mutually agreed by CIRI and
the Secretary of the Treasury.
''(e) Land Exchange.--The Secretary of the Interior shall enter
into negotiations with Alexander Creek, no later than 180 days after
the date of the enactment of this Act, to attempt to conclude, under
the authority of section 22(f), a land exchange to acquire lands not
within any conservation system unit from the State of Alaska or the
Matanuska-Susitna Borough under the same procedures set forth in
section 22(f) to enable Alexander Creek to obtain additional public
lands within Alexander Creek's original withdrawal area in Alaska, as
identified by Alexander Creek. The subsurface to lands conveyed to
Alexander Creek under subsection (d) shall be conveyed, without
consideration, to the Region and shall be treated for all purposes as
subsurface land conveyed to the Region under section 14(f). Any land
exchange to be undertaken pursuant to this subsection must be approved
by Alexander Creek, and must be completed no later than 36 months after
the date of the enactment of this Act.
''(f) Adjustment in Account.--If a conveyance of surface estate is
made to Alexander Creek pursuant to subsection (e), the Alexander Creek
account shall be reduced by the amount of the actual acres conveyed
multiplied by the average value per acre of the surface acres appraised
under subsection (g). If a conveyance of subsurface estate is made to
the Region pursuant to subsection (d), the CIRI Property Account shall
be reduced by the amount of the actual acres conveyed multiplied by the
average value per acre of the subsurface acres appraised under
subsection (g).
''(g) Appraisal.--(1)(A) Subject to subsection (d)(2), the
Secretary shall determine the amount to be deposited into the Alexander
Creek and CIRI Property accounts by separately appraising, on a
reasonable basis, based on all available evidence, the fair market
value, as of the date of the enactment of this section, of the surface
and subsurface of each section selected as a separate parcel and
considering that 'public interest' use may be the highest and best use
of such parcels.
''(B) Alexander Creek and the Region shall each have the
opportunity to present evidence of value to the Secretary solely with
respect to the respective estates involved, comprising surface estate
for Alexander Creek and subsurface estate for the Region. The Secretary
shall provide Alexander Creek and the Region with a preliminary draft
of the appraisal. Alexander Creek and the Region shall have a
reasonable and sufficient opportunity to comment on the appraisal.
''(2) The Secretary shall forward a certified copy of the appraisal
of their separate and respective estates each to Alexander Creek, and
the Region.
''(h) Implementation.--(1) Alexander Creek may assign to any person
or corporation without restriction any or all of the Alexander Creek
account upon written notification to the Secretary of the Treasury and
the Secretary of the Interior. In the event that such an assignment is
made to the Region, on notice from Alexander Creek to the Secretary of
the Treasury and the Secretary of the Interior, and subject to the
written consent of the Region in its sole and absolute discretion, the
amount of such assignment shall be added to or made a part of the CIRI
Property Account, and may be used in the same manner as other funds in
that account.
''(2) Except for such lands as Alexander Creek has received prior
to enactment of this section, and such lands it is entitled to recover
as a Group Corporation, upon completion by the Secretary of the
Interior of the appraisal process pursuant to subsection (g), and
notification to the Secretary from Alexander Creek that Alexander Creek
accepts the results of the appraisal process, Alexander Creek shall be
deemed to have accepted the terms of this section in lieu of any other
land entitlement it could have received as a village pursuant to this
Act, including, without limitation, any lands it would have received
pursuant to section 12(b). Such acceptance shall satisfy all claims
Alexander Creek had or may have had against the United States on the
date of the enactment of this section.
''(3) Any land acquired by Alexander Creek with funds from the
Alexander Creek account shall be deemed to be a conveyance pursuant to
this Act.
''(i) Treatment of Amounts From the Alexander Creek Account.--The
Secretary of the Treasury and the heads of agencies shall administer
sales pursuant to this section in the same manner as is provided for
any other Native village authorized by law as of the date of the
enactment of this section (including the use of similar accounts for
bidding on and purchasing property sold for public sale).
''(j) Limitation on Agents' and Attorneys' Fees.--No more than 2.5
percent of payments received by or on behalf of Alexander Creek under
this section may be paid to or received by any agent or attorney for
services rendered in connection with obtaining such payment, any
contract to the contrary notwithstanding. Any person who violates this
subsection shall be guilty of a misdemeanor and shall be subject to a
fine in the amount provided in title 18, United States Code.
''(k) Shareholder Participation.--Alexander Creek shall notify each
member of the Native village recognized under this section that, upon
the effective date of this provision, such members shall cease to
receive benefits from the Region as at-large shareholders pursuant to
section 7(m), and that all future resource payments from the Region
shall be made to the Village Corporation pursuant to section 7(j). The
Region shall not be liable under any State, Federal or local law, or
under State or Federal common law, for damages arising out of or
related to the cessation of payments to such individuals under section
7(m) pursuant to this section.
''(l) Statutory Construction.--Nothing in this section shall be
construed to--
''(1) limit, alter, violate, breach, or otherwise affect
the rights of any party under a contract, settlement agreement,
or land exchange entered into prior to enactment of this
section between Alexander Creek and any party, or one or more
parties to any contract, settlement, agreement, or land
exchange predicated upon Alexander Creek's Native village
status under this Act; or
''(2) diminish, reduce, or modify the acreage entitlement
to which Alexander Creek became entitled to as a Group
Corporation.''.

A:
Amends the Alaska Native Claims Settlement Act (ANCSA) to recognize the village of Alexander Creek, Alaska, as eligible for land and benefits under the Act, notwithstanding specified provisions of the Alaska National Interest Lands Conservation Act.

Establishes in the Treasury the Alexander Creek account and makes the account's funds available to Alexander Creek Incorporated for purchasing property sold at public sale. Increases the existing CIRI Property Account's balance by the subsurface value of Alexander Creek's selections.

Directs the Secretary of the Interior to negotiate for a land exchange to acquire the surface estate in lands not in any conservation system unit from Alaska or the Mantanuska-Susitna Borough to enable Alexander Creek to obtain additional public lands in Alexander Creek's original withdrawal area in Alaska.

Requires the subsurface estate to the lands conveyed to Alexander Creek to be conveyed to CIRI.

Deems Alexander Creek, on completion (and acceptance by Alexander Creek) of an appraisal, to have accepted the terms of this Act in lieu of any other land entitlement it could have received as a village under ANCSA. Requires that such acceptance satisfy all claims of Alexander Creek against the United States.

Requires Alexander Creek to notify each Alexander Creek member that the members will cease to receive benefits from CIRI as at-large shareholders and that all future resource payments from the Region will be made to the Village Corporation. Relieves CIRI from liability under any state, federal, or local law for damages related to that payment cessation.
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