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[Congressional Record: December 15, 2000 (House)]
[Page H12253-H12303]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
[DOCID:cr15de00-42]                         
 
[[pp. H12253-H12303]] CONFERENCE REPORT ON H.R. 4577, DEPARTMENTS OF LABOR, HEALTH AND HUMAN 
 SERVICES, AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2001

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                      MISCELLANEOUS APPROPRIATIONS

       The conference agreement would enact the provisions of H.R. 
     5666 as introduced on December 15, 2000. The text of that 
     bill follows: A BILL Making miscellaneous appropriations for 
     the fiscal year ending September 30, 2001, and for other 
     purposes.
       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled, That the 
     following sums are appropriated, out of any money in the 
     Treasury not otherwise appropriated, for the fiscal year 
     ending September 30, 2001, and for other purposes namely:

                               DIVISION A

                               CHAPTER 1

                    GENERAL PROVISIONS--THIS CHAPTER

       Sec. 101. The Agriculture, Rural Development, Food and Drug 
     Administration, and Related Agencies Appropriations Act, 
     2001, is amended--
       (1) In title III, under the heading ``Rural Utilities 
     Service, Rural Electrification and Telecommunications Loans 
     Program Account'', after ``per year'' insert ``: Provided 
     further, That not more than $100,000 shall be available for 
     guarantees of private sector loans''.
       (2) In title III, at the end of the first proviso under the 
     ``Rural Housing Assistance Grants'' account, insert ``in 
     Mississippi and Alaska''.
       (3) In section 724, by striking ``to Hispanic-serving 
     institutions'' and all that follows through ``maintained by 
     such institutions'' and inserting ``to eligible grantees 
     specified in subsection (d)(3) of that section'';
       (4) In title VIII, under the heading ``Rural Community 
     Advancement Program'', by striking ``January 1, 2001'' and 
     inserting ``January 1, 2000'';
       (5) In section 806, by inserting ``: Provided further, That 
     of the funds made available by this section, the Secretary 
     shall transfer $5,000,000 to the State of Alabama to be used 
     in conjunction with the program administered by the Alabama 
     Department of Agriculture and Industries: Provided further, 
     That of the funds made available by this section, the 
     Secretary shall transfer not more than $300,000 to the State 
     of Montana for transportation needs associated with emergency 
     haying and feeding: Provided further, That of the funds made 
     available by this section, the Secretary shall use not more 
     than $2,000,000 to carry out a program for income losses 
     sustained before April 30, 2001, by individuals who raise 
     poultry owned by other individuals as a result of Poult 
     Enteritis Mortality Syndrome control programs, as determined 
     by the Secretary'' after ``American Indian Livestock Feed 
     Program'';
       (6) In section 815(d)(3), by inserting ``affected'' after 
     ``all'';
       (7) In section 830, by striking ``Section 401'' and 
     inserting ``Title IV''.
       (8) In section 843, by striking ``were unable to market the 
     crops'' and all that follows through ``in this section:'' and 
     inserting ``suffered a loss because of the insolvency of an 
     agriculture cooperative in the State of California: Provided, 
     That the amount of a payment made to a producer under this 
     section shall not exceed 50 percent of the loss referred to 
     in this section:'';
       (9) In section 844--
       (A) in the section heading, by inserting ``, FLUE-CURED, 
     AND CIGAR BINDER TYPE 54-55'' after ``BURLEY''; and
       (B) in subsection (a)--
       (i) in paragraph (1)--

       (I) by inserting ``, without further cost to the 
     association,'' after ``settle''; and
       (II) by inserting ``, Flue-cured, or Cigar Binder Type 54-
     55'' after ``Burley'' each place it appears;

       (ii) in paragraph (2)(B), by inserting ``, Flue-cured, 
     Cigar Binder Type 54-55,'' after ``Burley''; and
       (iii) in paragraph (3), by striking subparagraph (A) and 
     inserting the following:
       ``(A) counted for the purpose of determining the Burley, 
     Flue-cured, or Cigar Binder Type 54-55 tobacco quota or 
     allotment for any year under part I of subtitle B of title 
     III of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1311 
     et seq.); or'';
       (10) Notwithstanding any other provision of law, section 
     204(b)(10)(B) of Public Law 106-224 shall not be effective 
     until July 1, 2001; and
       (11) The effective date of this section is the date of 
     enactment of the Agriculture, Rural Development, Food and 
     Drug Administration, and Related Agencies Appropriations Act, 
     2001.
       Sec. 102. The second sentence of section 520 of the Housing 
     Act of 1949 (42 U.S.C. 1490) is amended by striking ``1990 
     decennial census'' and inserting ``1990 or 2000 decennial 
     census'', and by striking ``year 2000'' and inserting ``year 
     2010''.
       Sec. 103. The Secretary of Agriculture, in collaboration 
     with the Secretaries of Energy and Interior, shall undertake 
     a study of the feasibility of including ethanol, biodiesel, 
     and other bio-based fuels as part of the Strategic Petroleum 
     Reserve. This study shall include a review of legislative and 
     regulatory changes needed to allow this inclusion, and those 
     elements necessary to design and implement such a program, 
     including cost. The Secretary shall provide this study to the 
     House and Senate Appropriations Committees by February 15, 
     2001.
       Sec. 104. Notwithstanding section 730 of the Agriculture, 
     Rural Development, Food and Drug Administration, and Related 
     Agencies Appropriations Act, 2000 (Public Law 106-78), the 
     City of Wilson, North Carolina, shall be eligible in fiscal 
     year 2001 for the community facility loan guarantee program 
     under section 306(a)(1) of the Consolidated Farm and Rural 
     Development Act.
       Sec. 105. Title VIII of the Agriculture, Rural Development, 
     Food and Drug Administration, and Related Agencies 
     Appropriations Act, 2001, is amended by inserting at the end 
     the following new section:
       ``Sec. 778. Notwithstanding section 723 of this Act or any 
     other provision of law, there are hereby appropriated 
     $26,000,000, to remain available until expended, for the 
     program authorized under section 334 of the Federal 
     Agriculture Improvement and Reform Act of 1996: Provided, 
     That the entire amount shall be available only to the extent 
     an official budget request for $26,000,000, that includes 
     designation of the entire amount of the request as an 
     emergency requirement as defined in the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended, is 
     transmitted by the President to the Congress: Provided 
     further, That the entire amount is designated by the Congress 
     as an emergency requirement pursuant to section 251(b)(2)(A) 
     of such Act.''.
       Sec. 106. In carrying out the bovine tuberculosis 
     eradication program covered by the Secretary of Agriculture's 
     emergency declaration effective as of October 11, 2000, the 
     Secretary of Agriculture shall pay 100 percent of the amounts 
     of approved claims for materials affected by or exposed to 
     bovine tuberculosis, and of approved claims growing out of 
     the destruction of animals: Provided, That in calculating the 
     net present value of the future income portion of any claim, 
     the Secretary shall use a discount rate of 7 percent: 
     Provided further, That the entire amount necessary to carry 
     out this section shall be available only to the extent that 
     an official budget request for the entire amount, that 
     includes designation of the entire amount of the request as 
     an emergency requirement as defined in the Balanced Budget 
     and Emergency Deficit Control Act of 1985, as amended, is 
     transmitted by the President to the Congress: Provided 
     further, That the entire amount is designated by the Congress 
     as an emergency requirement pursuant to section 251(b)(2)(A) 
     of such Act.
       Sec. 107. Section 820(b) of the Agriculture, Rural 
     Development, Food and Drug Administration, and Related 
     Agencies Appropriations Act, 2001, is amended by striking 
     ``of 1996'' and inserting the following: ``of 1996, and for 
     the Farmland Protection Program established under section 388 
     of the Federal Agriculture Improvement and Reform Act of 
     1996''.
       Sec. 108. For an additional amount for the United States 
     Department of Agriculture, Office of the General Counsel, 
     $500,000: Provided, That the entire amount shall be available 
     only to the extent an official budget request for $500,000, 
     that includes designation of the entire amount of the request 
     as an emergency requirement as defined in the Balanced Budget 
     and Emergency Deficit Control Act of 1985, as amended, is 
     transmitted by the President to the Congress: Provided 
     further, That the entire amount is designated by the Congress 
     as an emergency requirement pursuant to section 251(b)(2)(A) 
     of such Act.
       Sec. 109. For an additional amount for Grain Inspection, 
     Packers and Stockyards Administration, Salaries and Expenses, 
     $200,000: Provided, That the entire amount shall be available 
     only to the extent an official budget request for $200,000, 
     that includes designation of the entire amount of the request 
     as an emergency requirement as defined in the Balanced Budget 
     and Emergency Deficit Control Act of 1985, as amended, is 
     transmitted by the President to the Congress: Provided 
     further, That the entire amount is designated by the Congress 
     as an emergency requirement pursuant to section 251(b)(2)(A) 
     of such Act.
       Sec. 110. Notwithstanding any other provision of law, the 
     Natural Resources Conservation Service may provide financial 
     and technical assistance to the Hamakua Ditch project in 
     Hawaii from funds available for the Emergency Watershed 
     Program, not to exceed $3,000,000.

                               CHAPTER 2

                         DEPARTMENT OF JUSTICE

                         Federal Prison System


                         Salaries and Expenses

       For an additional amount for ``Salaries and Expenses'', 
     $500,000, to remain available until expended: Provided, That 
     these funds are to be expended by the National Institute of 
     Corrections (NIC) for a comprehensive assessment of medical 
     care and incidents of inmate mortality in the Wisconsin State 
     Prison System.

                       Office of Justice Programs


                           Justice Assistance

       For an additional amount for ``Justice Assistance'', 
     $300,000, to remain available until expended: Provided, That 
     these funds are to be expended to expand the collection of 
     data on prisoner deaths while in law enforcement custody.


                  Community Oriented Policing Services

       For an additional amount for ``Community Oriented Policing 
     Services'', $3,080,000, to remain available until expended, 
     of which $1,880,000 shall be for a grant to the Pasadena, 
     California, Police Department for equipment; of which 
     $200,000 shall be for a grant to the City of Signal Hill, 
     California, for equipment and technology for an emergency 
     operations center; and of which $1,000,000 shall be for a 
     grant to the State of Alabama Department of Forensic 
     Sciences for equipment.


                       Juvenile Justice Programs

       For an additional amount for ``Juvenile Justice Programs'', 
     $1,000,000, to remain available until expended, for a grant 
     to Mobile County, Alabama, for a juvenile court network 
     program.

                           General Provisions

       Sec. 201. Chapter 2 of title II of division B of Public Law 
     106-246 (114 Stat. 542) is amended in the matter immediately 
     under the first heading--
       (1) by inserting, ``(or the state, in the case of New 
     Mexico)'' before ``only''; and
       (2) by inserting, ``detention costs,'' after ``court 
     costs,''.
       Sec. 202. For an additional amount under the heading 
     ``United States Attorneys, Salaries and

[[Page H12260]]

     Expenses'' in the Departments of Commerce, Justice, and 
     State, the Judiciary, and Related Agencies Appropriations 
     Act, 2001, $10,000,000 for the State of Texas and $2,000,000 
     for the State of Arizona, to reimburse county and municipal 
     governments only for Federal costs associated with the 
     handling and processing of illegal immigration and drug and 
     alien smuggling cases, such reimbursements being limited to 
     court costs, detention costs, courtroom technology, the 
     building of holding spaces, administrative staff, and 
     indigent defense costs.
       Sec. 203. In addition to amounts appropriated under the 
     heading ``State and Local Law Enforcement Assistance, Office 
     of Justice Programs'' in the Departments of Commerce, 
     Justice, and State, the Judiciary, and Related Agencies 
     Appropriations Act, 2001, $9,000,000 is for an award to the 
     Alliance of Boys & Girls of South Carolina for the 
     establishment of the Strom Thurmond Boys & Girls Club 
     National Training Center.
       Sec. 204. In addition to any amounts made available for 
     ``State and Local Law Enforcement Assistance'' within the 
     Department of Justice, $500,000 shall be made available only 
     for the New Hampshire Department of Safety to investigate and 
     support the prosecution of violations of federal trucking 
     laws.
       Sec. 205. In addition to other amounts made available for 
     the COPS technology program of the Department of Justice, 
     $4,000,000 shall be available to the State of South Dakota to 
     establish a regional radio system to facilitate 
     communications between Federal, State, and local law 
     enforcement agencies, firefighting agencies, and other 
     emergency services agencies.

                         DEPARTMENT OF COMMERCE

                   Economic and Statistical Analysis


                         salaries and expenses

       For an additional amount for ``Salaries and Expenses'', 
     $200,000, to remain available until expended, for the 
     establishment of satellite accounts for the travel and 
     tourism industry.

            National Oceanic and Atmospheric Administration


                  operations, research, and facilities

       For an additional amount for ``Operations, Research, and 
     Facilities'', $750,000, to remain available until expended, 
     for a study by the National Academy of Sciences pursuant to 
     H.R. 2090, as passed by the House of Representatives on 
     September 12, 2000.

                           General Provisions

       Sec. 206. The Departments of Commerce, Justice, and State, 
     the Judiciary, and Related Agencies Appropriations Act, 2001, 
     as enacted by section 1(a)(2) of the Act entitled ``An Act 
     making appropriations for the government of the District of 
     Columbia and other activities chargeable in whole or in part 
     against revenues of said District for the fiscal year ending 
     September 30, 2001, and for other purposes'' is amended by 
     inserting before the period at the end of the paragraph under 
     the heading ``National Oceanic and Atmospheric 
     Administration, Operations, Research, and Facilities'' the 
     following new proviso: ``: Provided further, That, of the 
     amounts made available for the National Marine Fisheries 
     Service under this heading, $10,000,000 shall be available 
     only for research regarding litigation concerning the Alaska 
     Steller sea lion and Bering Sea/Aleutian Islands and Gulf of 
     Alaska groundfish fisheries, of which $6,000,000 shall be 
     available only for the Office of Oceanic and Atmospheric 
     Research to study the impact of ocean climate shifts on the 
     North Pacific and Bering Sea fish and marine mammal species 
     composition, of which $2,000,000 shall be available only for 
     the National Ocean Service to study predator/prey 
     relationships as they relate to the decline of the western 
     population of Steller sea lions, and of which $2,000,000 
     shall be available only for the North Pacific Fishery 
     Management Council for an independent analysis of Steller sea 
     lion science and other work related to such litigation''.
       Sec. 207. (a) In addition to amounts appropriated or 
     otherwise made available under the heading ``Operations, 
     Research, and Facilities, National Oceanic and Atmospheric 
     Administration'' in the Departments of Commerce, Justice, and 
     State, the Judiciary, and Related Agencies Appropriations 
     Act, 2001, $7,500,000 is appropriated for disaster assistance 
     for communities affected by the 2000 western Alaska salmon 
     disaster for which the Secretary of Commerce declared a 
     fishery failure under section 312(a) of the Magnuson Stevens 
     Fisheries Conservation and Management Act.
       (b) Funds appropriated by this section shall be made 
     available as direct lump sum payments no later than 30 days 
     after the date of enactment of this Act, as follows: 
     $3,500,000 to the Tanana Chiefs Conference, $3,500,000 to the 
     Association of Village Council Presidents, and $500,000 to 
     Kawerak.
       (c) Such funds shall be used to provide personal assistance 
     with priority given to (1) food, (2) energy needs, (3) 
     housing assistance, (4) transportation fuel including for 
     subsistence activities, and (5) other urgent community needs.
       (d) Not more than 5 percent of such funds may be used for 
     administrative expenses.
       (e) The President of the Tanana Chiefs Conference, the 
     President of the Association of Village Council Presidents, 
     and the President of Kawerak shall disburse all funds no 
     later than May 1, 2000 and shall submit a report to the 
     Secretary of Commerce detailing the expenditure of funds, 
     including the number of persons and households served and the 
     amount of administrative costs, by the end of the fiscal 
     year.
       Sec. 208. In addition to amounts appropriated or otherwise 
     made available by this or any other Act, $3,000,000 is 
     appropriated to enable the Secretary of Commerce to provide 
     economic assistance to fishermen and fishing communities 
     affected by federal closures and fishing restrictions in the 
     Hawaii long line fishery, to remain available until expended.
       Sec. 209. Implementation of Steller Sea Lion Protective 
     Measures.--
       (a) Findings.--The Congress finds that--
       (1) the western population of Steller sea lions has 
     substantially declined over the last twenty-five years.
       (2) scientists should closely research and analyze all 
     possible factors relating to such decline, including the 
     possible interactions between commercial fishing and Steller 
     sea lions and the localized depletion hypothesis;
       (3) the authority to manage commercial fishing in federal 
     waters lies with the regional councils and the Secretary of 
     Commerce (hereafter in this section ``Secretary'') pursuant 
     to the Magnuson-Stevens Fishery Conservation and Management 
     Act (hereafter in this section ``Magnuson-Stevens Act''); and
       (4) the Secretary of Commerce shall comply with the 
     Magnuson-Stevens Act when using fishery management plans and 
     regulations to implement the decisions made pursuant to 
     findings under the Endangered Species Act, and shall utilize 
     the processes and procedures of the regional fishery 
     management councils as required by the Magnuson-Stevens Act.
       (b) Independent Scientific Review.--The North Pacific 
     Fishery Management Council (hereafter in this section ``North 
     Pacific Council) shall utilize the expertise of the National 
     Academy of Sciences to conduct an independent scientific 
     review of the November 30, 2000 Biological Opinion for the 
     Bering Sea/Aleutian Islands and Gulf of Alaska groundfish 
     fisheries (hereafter in this section ``Biological Opinion''), 
     its underlying hypothesis, and the Reasonable and Prudent 
     Alternatives (hereafter in this section ``Alternatives'') 
     contained therein. The Secretary shall cooperate with the 
     independent scientific review, and the National Academy of 
     Sciences is requested to give its highest priority to this 
     review.
       (c) Preparation of Fishery Management Plans and Regulations 
     To Implement Protective Measures in the November 30, 2000 
     Biological Opinion.--
       (1) The Secretary of Commerce shall submit to the North 
     Pacific Council proposed conservation and management measures 
     to implement the Alternatives contained in the November 30, 
     2000 Biological Opinion for the Bering Sea/Aleutian Islands 
     and Gulf of Alaska groundfish fisheries. The North Pacific 
     Council shall prepare and transmit to the Secretary a fishery 
     management plan amendment or amendments to implement such 
     Alternatives that are consistent with the Magnuson-Stevens 
     Act (including requirements in such Act relating to best 
     available science, bycatch reduction, impacting on fishing 
     communities, the safety of life at sea, and public comment 
     and hearings.)
       (2) The Bering Sea/Aleutian Islands and Gulf of Alaska 
     groundfish fisheries shall be managed in a manner consistent 
     with the Alternatives contained in the Biological Opinion, 
     except as otherwise provided in this section. The 
     Alternatives shall become fully effective no later than 
     January 1, 2002, as revised if necessary and appropriate 
     based on the independent scientific review referred to in 
     subsection (b) and other new information, and shall be phased 
     in in 2001 as described in paragraph (3).
       (3) The 2001 Bering Sea/Aleutian Islands and Gulf of Alaska 
     groundfish fisheries shall be managed in accordance with the 
     fishery management plan and federal regulations in effect for 
     such fisheries prior to July 15, 2000, including--
       (A) conservative total allowable catch levels;
       (B) no entry zones within three miles of rookeries;
       (C) restricted harvest levels near rookeries and haul-outs;
       (D) federally-trained observers;
       (E) spatial and temporal harvest restrictions;
       (F) federally-mandated bycatch reduction programs; and
       (G) additional conservation benefits provided through 
     cooperative fishing arrangements,

     and said regulations are hereby restored to full force and 
     effect.
       (4) The Secretary shall amend these regulations by January 
     20, 2001, after consultation with the North Pacific Council 
     and in a manner consistent with all law, including the 
     Magnuson-Stevens Act, and consistent with the Alternatives to 
     the maximum extent practicable, subject to the other 
     provisions of this subsection.
       (5) The harvest reduction requirement (``Global Control 
     Rule'') shall take effect immediately in any 2001 groundfish 
     fishery in which it applies, but shall not cause a reduction 
     in the total allowable catch of any fishery of more than ten 
     percent.
       (6) In enforcing regulations for the 2001 fisheries, the 
     Secretary, upon recommendation of the North Pacific Council, 
     may open critical habitat where needed, adjust seasonal catch 
     levels, and take other measures as needed to ensure that 
     harvest levels are sufficient to provide income from these 
     fisheries for small boats and Alaskan on-shore processors 
     that is no less than in 1999.
       (7) The regulations that are promulgated pursuant to 
     paragraph (4) shall not be modified in any way other than 
     upon recommendation of the North Pacific Council, before 
     March 15, 2001.
       (d) Sea Lion Protection Measures.--$20,000,000 is hereby 
     appropriated to the Secretary of Commerce to remain available 
     until expended to develop and implement a coordinated, 
     comprehensive research and recovery program for the Steller 
     sea lion, which shall be designed to study--
       (1) available prey species;
       (2) predator/prey relationships;
       (3) predation by other marine mammals;
       (4) interactions between fisheries and Steller sea lions, 
     including the localized depletion theory;

[[Page H12261]]

       (5) regime shift, climate change, and other impacts 
     associated with changing environmental conditions in the 
     North Pacific and Bering Sea;
       (6) disease;
       (7) juvenile and pup survival rates;
       (8) population counts;
       (9) nutritional stress;
       (10) foreign commercial harvest of sealions outside the 
     exclusive economic zone;
       (11) the residual impacts of former government-authorized 
     Steller sea lion eradication bounty programs; and
       (12) the residual impacts of intentional lethal takes of 
     Steller sea lions. Within available funds the Secretary shall 
     implement on a pilot basis innovative non-lethal measures to 
     protect Steller sea lions from marine mammal predators 
     including killer whales,
       (e) Economic Disaster Relief.--$30,000,000 is hereby 
     appropriated to the Secretary of Commerce to make available 
     as a direct payment to the Southwest Alaska Municipal 
     Conference to distribute to fishing communities, businesses, 
     community development quota groups, individuals, and other 
     entities to mitigate the economic losses caused by Steller 
     sea lion protection measures heretofore incurred; provided 
     that the President of such organization shall provide a 
     written report to the Secretary and the House and Senate 
     Appropriations Committee within six months of receipt of 
     these funds.

                 DEPARTMENT OF STATE AND RELATED AGENCY

                           General Provisions

       Sec. 210. In addition to any amounts made available for 
     ``Educational and Cultural Exchange Programs within the 
     Department of State'', $500,000 shall be made available only 
     for the Irish Institute.
       Sec. 211. In addition to amounts appropriated under the 
     heading ``International Broadcasting Operations, Broadcasting 
     Board of Governors'' in the Departments of Commerce, Justice, 
     and State, the Judiciary, and Related Agencies Appropriations 
     Act, 2001, $10,000,000 to remain available until expended, 
     for increased broadcasting to Russia and surrounding areas, 
     and to China, by Radio Free Europe/Radio Liberty, Radio Free 
     Asia, and the Voice of America: Provided, That any amount of 
     such funds may be transferred to the ``Broadcasting Capital 
     Improvements'' account to carry out such purposes.

                            RELATED AGENCIES

                 Commission on Online Child Protection

       For necessary expenses of the Commission on Online Child 
     Protection, $750,000, to remain available until expended.

                     Small Business Administration


                         salaries and expenses

       For an additional amount for ``Salaries and Expenses'', 
     $1,000,000 shall be available for a grant to the Electronic 
     Commerce Resource Center in Scranton, Pennsylvania, to 
     establish an electronic commerce technology distribution 
     center.

                           General Provision

       Sec. 212. For an additional amount for ``Small Business 
     Administration, Salaries and Expenses'' $1,000,000 shall be 
     made available only for a grant to the National Museum of 
     Jazz in New York, New York.

                    GENERAL PROVISION--THIS CHAPTER

       Sec. 213. (a) The provisions of H.R. 5548 (as enacted into 
     law by H.R. 4942 of the 106th Congress) are amended as 
     follows:
       (1) In title I, under the heading ``Salaries and Expenses, 
     United States Marshals Service'', by striking ``3,947'' and 
     inserting ``4,034''.
       (2) In title I, by redesignating sections 114 through 119 
     as sections 113 through 118, respectively.
       (3) In title II, under the heading ``National Oceanic and 
     Atmospheric Administration--Operations, Research, and 
     Facilities'', by striking ``$31,439,000'' and inserting 
     ``$32,054,000''.
       (4) In title II, under the heading ``National Oceanic and 
     Atmospheric Administration--Coastal and Ocean Activities''--
       (A) by striking ``non-contiguous States except Hawaii'' and 
     inserting ``Alaska'';
       (B) by striking ``Inc,'' and inserting ``Inc.,'';
       (C) by striking ``scrup;'' and inserting ``scrub;''; and
       (D) by striking ``watershed for lower Rouge River 
     restoration:'' and inserting ``watershed:''.
       (5) In title IV, by striking section 406 and by 
     redesignating sections 407 and 408 as sections 406 and 407, 
     respectively.
       (6) In title VI, by striking sections 635 and 636.
       (7) In title IX, in the first proviso of section 901, by 
     striking ``, territory or an Indian Tribe'' and inserting 
     ``or territory''.
       (b) The amendments made by this section shall take effect 
     as if included in H.R. 4942 of the 106th Congress on the date 
     of its enactment.

                               CHAPTER 3

                         DEPARTMENT OF DEFENSE

                    General Provisions--This Chapter

       Sec. 301. In the event that award of the full funding 
     contract for low-rate initial production of the F-22 aircraft 
     is delayed beyond December 31, 2000 because of inability to 
     complete the requirements specified in section 8124 of the 
     Department of Defense Appropriations Act, 2001 (Public Law 
     106-259), the Secretary of the Air Force may obligate up to 
     $353,000,000 of the funds appropriated in Title III of Public 
     Law 106-259 to continue F-22 Lot 1 (10 aircraft) advance 
     procurement to protect the supplier base and preserve program 
     costs and schedule.
       Sec. 302. (a) Consistent with Executive Order Number 1733, 
     dated March 3, 1913, and notwithstanding section 303 of the 
     Alaska National Interest Lands Conservation Act, Public Law 
     96-487, or any other law, the Department of the Air Force 
     shall have primary jurisdiction, custody, and control over 
     Shemya Island and its appurtenant waters (including submerged 
     lands). In exercising such primary jurisdiction, custody, and 
     control, the Secretary of the Air Force may utilize and apply 
     such authorities as are generally applicable to a military 
     installation, base, camp, post, or station. Shemya Island and 
     its appurtenant waters (including submerged lands) shall 
     continue to be included within the Alaska Maritime National 
     Wildlife Refuge and the National Wildlife Refuge System and 
     the Secretary of the Interior shall have jurisdiction 
     secondary to that of the Department of the Air Force. Nothing 
     in this section shall prohibit the transfer of jurisdiction, 
     custody, and control over Shemya Island by the Department of 
     the Air Force to another military department. In the event 
     the military department exercising such primary jurisdiction, 
     custody, and control no longer has a need to exercise such 
     primary jurisdiction, custody, and control of Shemya Island 
     and its appurtenant waters (including submerged lands), such 
     jurisdiction, custody, and control shall terminate and the 
     Secretary of the Interior shall then exercise sole 
     jurisdiction, custody, and control over Shemya Island and its 
     appurtenant waters (including submerged lands) as part of the 
     Alaska Maritime National Wildlife Refuge.
       (b) Any environmental contamination of Shemya Island caused 
     by a military department shall be the responsibility of that 
     military department and not the responsibility of the 
     Department of the Interior. Any money rentals received by a 
     military department from outgrants on Shemya Island will be 
     applied to the environmental restoration of the island in 
     accordance with 10 U.S.C. 2667.
       (c) This section shall not be construed as altering any 
     existing property rights of the State of Alaska or any 
     private person.
       (d) The military department exercising primary 
     jurisdiction, custody, and control over Shemya Island shall, 
     consistent with the accomplishment of the military mission 
     and subject to section 21 of the Internal Security Act of 
     1950, Public Law 81-831 (50 U.S.C. 797) (also known as the 
     Subversive Activities Control Act of 1950)--
       (1) work with the United States Fish and Wildlife Service 
     to protect and conserve the wildlife and habitat on the 
     island; and
       (2) grant access to Shemya Island and its appurtenant 
     waters to the United States Fish and Wildlife Service for the 
     purpose of management of the Alaska Maritime National 
     Wildlife Refuge.
       Sec. 303. Within the funds appropriated for the Patriot 
     PAC-3 program under Title III of the Department of Defense 
     Appropriations Act, 2001 (Public Law 106-259), the Ballistic 
     Missile Defense Organization shall procure no less than 40 
     PAC-3 missiles.
       Sec. 304. Section 8133 of Public Law 106-259 (114 Stat. 
     703) is amended by striking ``$300,000,000'' in the first 
     proviso and inserting ``$550,000,000''.


                          (transfer of funds)

       Sec. 305. Of the total amount appropriated by title II of 
     the Department of Defense Appropriations Act, 2001 (Public 
     Law 106-259) for operation and maintenance for the armed 
     force or armed forces under the jurisdiction of the Secretary 
     of a military department, the Secretary of that military 
     department may transfer up to $2,000,000 to the central fund 
     established by the Secretary under section 2493(d) of title 
     10, United States Code, for funding Fisher Houses and Fisher 
     Suites. Amounts so transferred shall be merged with other 
     amounts in the central fund to which transferred and shall be 
     available without fiscal year limitation for the purposes for 
     which amounts in that fund are available.
       Sec. 306. Funding for Certain Costs of Vessel Transfers. 
     There is hereby appropriated into the Defense Vessels 
     Transfer Program Account such sums as may be necessary for 
     the costs (as defined in section 502 of the Congressional 
     Budget Act of 1974 (2 U.S.C. 661a)) of the lease-sale 
     transfers authorized by the National Defense Authorization 
     Act, 2001. Funds in that account are available only for the 
     purpose of covering those costs.
       Sec. 307. Of the total amount appropriated by title IV of 
     the Department of Defense Appropriations Act, 2001 (Public 
     Law 106-259) under the heading ``Research, Development, Test 
     and Evaluation, Defense-Wide'', not less than $5,000,000 
     shall be made available only for support of a Gulf War 
     illness research program at the University of Texas 
     Southwestern Medical Center.


                     (including transfer of funds)

       Sec. 308. In addition to amounts appropriated for the 
     Department of Defense in the Department of Defense 
     Appropriations Act, 2001 (Public Law 106-259), $150,000,000 
     is hereby appropriated for ``Operation and Maintenance, 
     Navy'' and shall remain available until expended, only for 
     costs associated with the repair of the U.S.S. COLE: 
     Provided, That the Secretary of Defense may transfer these 
     funds to appropriations accounts for procurement: Provided 
     further, That the funds transferred shall be merged with and 
     shall be available for the same purposes and for the same 
     time period, as the appropriation to which transferred: 
     Provided further, That the transfer authority provided in 
     this section is in addition to any other transfer authority 
     available to the Department of Defense: Provided further, 
     That the welfare of the crew, and of the families of the 
     crew, of the U.S.S. COLE shall be considered in the Navy's 
     selection of the process and location for the repair of the 
     U.S.S. COLE: Provided further, That the entire amount made 
     available in this section is designated by the Congress as an 
     emergency requirement pursuant to section 251(b)(2)(A) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended.
       Sec. 309. Notwithstanding any other provision of law, the 
     Administrator of the General Services Administration may 
     utilize funds available

[[Page H12262]]

     to the National Science and Technology Council (authorized by 
     Executive Order No. 12881), or any successor entity to the 
     council, under section 635 of the Treasury and General 
     Government Appropriations Act, 2001 for payment of any 
     expenses of, and shall ensure that administrative services, 
     facilities, staff and other support are provided for, the 
     Commission on the Future of the United States Aerospace 
     Industry pursuant to section 1092(e)(1) of the Floyd D. 
     Spence National Defense Authorization Act for Fiscal Year 
     2001 (as enacted by section 1 of the Act to authorize 
     appropriations for fiscal year 2001 for military activities 
     of the Department of Defense, for military construction, and 
     for defense activities of the Department of Energy, to 
     prescribe personnel strengths for such fiscal year for the 
     Armed Forces, and for other purposes).
       Sec. 310. In addition to funds provided elsewhere in this 
     Act, or in the Department of Defense Appropriations Act, 2001 
     (Public Law 106-259), $2,000,000 is hereby appropriated to 
     ``Operation and Maintenance, Marine Corps'', only for 
     planning and National Environmental Protection Act 
     documentation for the proposed airfield and heliport at the 
     Marine Corps Air Ground Task Force Training Command.


                          (TRANSFER OF FUNDS)

       Sec. 311. Of the funds made available in the Department of 
     Defense Appropriations Act, 2001 (Public Law 106-259), the 
     Secretary of the Air Force shall transfer $5,000,000 of the 
     funds provided for ``Operation and Maintenance, Air Force'' 
     to the Secretary of the Interior for maintenance, protection, 
     or preservation of the land and interests in land described 
     in section 3 of the Minuteman Missile National Historic Site 
     Establishment Act of 1999 (Public Law 106-115; 113 Stat. 
     1540): Provided, That the transfer authority provided in this 
     section is in addition to any other transfer authority 
     available to the Department of Defense for fiscal year 2001.
       Sec. 312. (a) The Secretary of the Air Force is authorized 
     to convey to the Roosevelt General Hospital, Portales, New 
     Mexico, without consideration, and without regard to title II 
     of the Federal Property and Administrative Services Act of 
     1949, all right, title, and interest of the United States in 
     any personal property of the Air Force that the Secretary 
     determines--
       (1) is appropriate for use by the Roosevelt General 
     Hospital in the operation of that hospital; and
       (2) is excess to the needs of the Air Force.
       (b) The Secretary may require any additional terms and 
     conditions in connection with any conveyance under subsection 
     (a) that the Secretary considers appropriate to protect the 
     interests of the United States.


                     (INCLUDING TRANSFER OF FUNDS)

       Sec. 313. In addition to amounts appropriated for the 
     Department of Defense in the Department of Defense 
     Appropriations Act, 2001 (Public Law 106-259), $100,000,000 
     is hereby appropriated for ``Overseas Contingency Operations 
     Transfer Fund'' and shall remain available until expended: 
     Provided, That the Secretary of Defense may transfer the 
     funds provided herein only to appropriations for military 
     personnel; operation and maintenance; procurement; research, 
     development, test and evaluation; and working capital funds: 
     Provided further, That the funds transferred shall be merged 
     with and shall be available for the same purposes and for the 
     same time period, as the appropriation to which transferred: 
     Provided further, That upon a determination that all or part 
     of the funds transferred from this appropriation are not 
     necessary for the purposes provided herein, such amounts may 
     be transferred back to this appropriation: Provided further, 
     That the transfer authority provided in this section is in 
     addition to any other transfer authority contained 
     elsewhere in this Act: Provided further, That funds 
     appropriated by this section, or made available by the 
     transfer of funds in this section, for intelligence 
     activities are deemed to be specifically authorized by the 
     Congress for the purposes of section 504 of the National 
     Security Act of 1947 (50 U.S.C. 414) during fiscal year 
     2001: Provided further, That the entire amount made 
     available in this section is designated by the Congress as 
     an emergency requirement pursuant to section 251(b)(2)(A) 
     of the Balanced Budget and Emergency Deficit Control Act 
     of 1985, as amended.
       Sec. 314. Of the total amount appropriated by title IV of 
     the Department of Defense Appropriations Act, 2001 (Public 
     Law 106-259) under the heading ``Research, Development, Test 
     and Evaluation, Navy'', up to $3,000,000 shall be made 
     available to the Marine Corps to pursue research in 
     Nanotechnology for Consequence Management.
       Sec. 315. Of the total amount appropriated by title IV of 
     the Department of Defense Appropriations Act, 2001 (Public 
     Law 106-259) under the heading ``Research, Development, Test 
     and Evaluation, Army'', not less than $1,500,000 shall be 
     made available only for installation of the Medical Area 
     Network for Virtual Technologies at Fort Detrick and Walter 
     Reed Army Hospital, and not less than $1,000,000 shall be 
     made available only to conduct a pilot study to determine the 
     feasibility of establishing a Department of Defense 
     Information Analysis Center for telemedicine.
       Sec. 316. The Secretary of the Navy shall acquire 50 acres 
     of real property located on Reed Island, along the south 
     shore of the St. John's River across from Blount Island 
     Command, Jacksonville, Florida. The Secretary of the Navy 
     shall pay not more than the fair market value of the 
     property, to be determined pursuant to an appraisal 
     acceptable to the Secretary of the Navy; but in no case shall 
     the price exceed $4,200,000: Provided, That the exact acreage 
     and legal description of the real property to be acquired 
     pursuant to this section shall be determined by a survey 
     satisfactory to the Secretary of the Navy: Provided further, 
     That the Secretary of the Navy may require such additional 
     terms and conditions in connection with the land acquisition 
     pursuant to this section as the Secretary considers 
     appropriate to protect the interests of the United States.
       Sec. 317. Of the total amount appropriated by title IV of 
     the Department of Defense Appropriations Act, 2001 (Public 
     Law 106-259) under the heading ``Research, Development, Test, 
     and Evaluation, Navy'' the Secretary of the Navy may 
     establish Marine Fire Training Centers at the Marine and 
     Environmental Research and Training Station and Barbers Point 
     by grants or contracts.
       Sec. 318. Notwithstanding any other provision of law, and 
     notwithstanding the provisions in section 7306 of title 10, 
     United States Code, of the funds provided in the Department 
     of Defense Appropriations Act, 2001 (Public Law 106-259) for 
     ``Operation and Maintenance, Navy'', $750,000 shall be 
     available only for repair of ex-Turner Joy.
       Sec. 319. In addition to amounts appropriated or otherwise 
     made available for the Department of Defense elsewhere in 
     this Act or in the Department of Defense Appropriations Act, 
     2001 (Public Law 106-259), $2,000,000 is hereby appropriated 
     under the heading ``Operation and Maintenance, Defense-
     Wide'', to remain available for obligation until September 
     30, 2001, only for the Defense Imagery and Mapping Agency 
     Program.
       Sec. 320. None of the funds available in the Department of 
     Defense Appropriations Act, 2001 (Public Law 106-259) shall 
     be used to consolidate or incorporate Air Force radar 
     operations maintenance and support programs or contracts into 
     an Air Force SENSOR or a similar acquisition program.
       Sec. 321. In addition to amounts appropriated elsewhere in 
     this Act, or in the Department of Defense Appropriations Act, 
     2001 (Public Law 106-259), $1,000,000 is hereby appropriated 
     to ``Research, Development, Test and Evaluation, Air Force'', 
     only to develop rapid diagnostic and fingerprinting 
     techniques along with molecular monitoring systems for the 
     detection of nosocomial infections.
       Sec. 322. Of the total amount appropriated by title IV of 
     the Department of Defense Appropriations Act, 2001 (Public 
     Law 106-259) under the heading ``Research, Development, Test 
     and Evaluation, Navy'', $1,500,000 shall be made available by 
     grant or contract only to the California Central Coast 
     Research Partnership (C3RP).
       Sec. 323. Fort Irwin National Training Center Expansion. 
     (a) Findings.--Congress makes the following findings:
       (1) The National Training Center at Fort Irwin, California, 
     is the only instrumented training area in the world suitable 
     for live fire training of heavy brigade-sized military forces 
     and thus provides the Army with essential training 
     opportunities necessary to maintain and improve military 
     readiness and promote national security.
       (2) The National Training Center must be expanded to meet 
     the critical need of the Army for additional training lands 
     suitable for the maneuver of large numbers of military 
     personnel and equipment, which is necessitated by advances in 
     equipment, by doctrinal changes, and by Force XXI doctrinal 
     experimentation requirements.
       (3) The lands being considered for expansion of the 
     National Training Center are home to the desert tortoise and 
     other species that are protected under the Endangered Species 
     Act of 1973, and the Secretary of Defense and the Secretary 
     of the Interior, in developing a plan for expansion of the 
     National Training Center, must provide for such expansion in 
     a manner that complies with the Endangered Species Act of 
     1973, the National Environmental Policy Act of 1969, and 
     other applicable laws.
       (4) In order for the expansion of the National Training 
     Center to be implemented on an expedited basis, the 
     Secretaries should proceed without delay to define with 
     specificity the key elements of the expansion plan, including 
     obtaining early input regarding national security 
     requirements, Endangered Species Act of 1973 compliance and 
     mitigation, and National Environmental Policy Act of 1969 
     compliance.
       (b) Purpose.--The purpose of this section is to expedite 
     the expansion of the National Training Center at Fort Irwin, 
     California, in a manner that is fully compliant with 
     environmental laws.
       (c) Preparation of Proposed Expansion Plan.--
       (1) Preparation required.--The Secretary of the Army and 
     the Secretary of the Interior (in this section referred to as 
     the ``Secretaries'') shall jointly prepare a proposed plan 
     for the expansion of the National Training Center at Fort 
     Irwin, California.
       (2) Submission and availability.--The plan required by 
     paragraph (1) (in this section referred to as the ``proposed 
     expansion plan'') shall be completed not later than 120 days 
     after the date of the enactment of this Act. When completed, 
     the Secretaries shall make the proposed expansion plan 
     available to the public and shall publish in the Federal 
     Register a ``notice of availability'' concerning the proposed 
     expansion plan.
       (d) Key Elements of Proposed Expansion Plan.--
       (1) Joint report.--Not later than 45 days after the date of 
     the enactment of this Act, the Secretaries shall submit to 
     Congress a joint report that identifies the key elements of 
     the proposed expansion plan.
       (2) Lands withdrawal and reservation.--The proposed 
     expansion plan shall include the withdrawal and reservation 
     of an appropriate amount of public lands for--
       (A) the conduct of combined arms military training at the 
     National Training Center;
       (B) the development and testing of military equipment at 
     the National Training Center;

[[Page H12263]]

       (C) other defense-related purposes; and
       (D) conservation and research purposes.
       (3) Conservation measures.--The proposed expansion plan 
     shall also include a general description of conservation 
     measures, anticipated to cost approximately $75,000,000, that 
     may be necessary and appropriate to protect and promote the 
     conservation of the desert tortoise and other endangered or 
     threatened species and their critical habitats in designated 
     wildlife management areas in the West Mojave Desert. The 
     conservation measures may include--
       (A) the establishment of one or more research natural 
     areas, which may include lands both within and outside the 
     National Training Center;
       (B) the acquisition of private and State lands within the 
     wildlife management areas in the West Mojave Desert;
       (C) the construction of barriers, fences, and other 
     structures that would promote the conservation of endangered 
     or threatened species and their critical habitats;
       (D) the funding of research studies; and
       (E) other conservation measures.
       (d) Preliminary Review of Expansion Plan.--
       (1) Review required.--Not later than 90 days after the date 
     of the enactment of this Act, the Director of the United 
     States Fish and Wildlife Service shall submit to the 
     Secretaries a preliminary review of the proposed expansion 
     plan (as developed as of that date). In the preliminary 
     review, the Director shall identify, with as much specificity 
     as possible, an approach for implementing the proposed 
     expansion plan consistent with the Endangered Species Act of 
     1973 (16 U.S.C. 1531 et seq.).
       (2) Relation to formal review.--The preliminary review 
     under paragraph (1) shall not constitute a formal 
     consultation under section 7 of the Endangered Species Act of 
     1973 (16 U.S.C. 1536), but shall be used to assist the 
     Secretaries in more precisely defining the nature and scope 
     of an expansion plan for the National Training Center that is 
     likely to satisfy requirements of the Endangered Species Act 
     of 1973 and to expedite the formal consultation process under 
     section 7 of such Act.
       (3) Consideration of preliminary review.--In preparing the 
     proposed expansion plan, the Secretaries shall take into 
     account the content of the preliminary review by the Director 
     of the United States Fish and Wildlife Service under 
     paragraph (1).
       (e) Draft Legislation.--The Secretaries shall submit to 
     Congress with the proposed expansion plan a draft of proposed 
     legislation providing for the withdrawal and reservation of 
     public lands for the expansion of the National Training 
     Center. It is the sense of the Congress that the proposed 
     legislation should contain a provision that, if enacted, 
     would prohibit ground-disturbing military use of the land to 
     be withdrawn and reserved by the legislation until the 
     Secretaries have certified that there has been full 
     compliance with the appropriate provisions of the 
     legislation, the Endangered Species Act of 1973, the National 
     Environmental Policy Act of 1969, and other applicable laws.
       (f) Consultation Under Endangered Species Act of 1973.--The 
     Secretaries shall initiate the formal consultation required 
     under section 7 of the Endangered Species Act of 1973 (16 
     U.S.C. 1536) with respect to expansion of the National 
     Training Center as soon as practicable and shall complete 
     such consultation not later than two years after the date of 
     the enactment of this Act.
       (g) Environmental Review.--Not later than six months 
     following completion of the formal consultation required 
     under section 7 of the Endangered Species Act of 1973 with 
     respect to expansion of the National Training Center, the 
     Secretaries shall complete any analysis required under the 
     National Environmental Policy Act of 1969 with respect to the 
     proposed expansion of the National Training Center. The 
     analysis shall be coordinated, to the extent practicable and 
     appropriate, with the review of the West Mojave Coordinated 
     Management Plan that, as of the date of the enactment of this 
     Act, is being undertaken by the Bureau of Land Management.
       (h) Funding.--
       (1) Implementation of conservation measures.--There are 
     authorized to be appropriated $75,000,000 to the Secretary of 
     the Army for the implementation of conservation measures 
     necessary for the final expansion plan for the National 
     Training Center to comply with the Endangered Species Act of 
     1973.
       (2) Implementation of section.--The amounts of $2,500,000 
     for ``Operation and Maintenance, Army'' and $2,500,000 for 
     ``Management of Lands and Resources, Bureau of Land 
     Management'' are hereby appropriated to the Secretary of the 
     Army and the Secretary of the Interior, respectively, only to 
     undertake and complete on an expedited basis the activities 
     specified in this section.

                               CHAPTER 4

                   DISTRICT OF COLUMBIA FEDERAL FUNDS

           Federal Payment to the District of Columbia Courts

       For an additional amount for the District of Columbia 
     courts for capital repairs necessitated by the recent fire 
     damage to the courthouse facilities, $350,000, to remain 
     available until September 30, 2002, and for an additional 
     amount for such repairs for the Superior Court of the 
     District of Columbia, $50,000: Provided, That after providing 
     notice to the Committees on Appropriations of the Senate and 
     House of Representatives, the District of Columbia courts may 
     reallocate not more than $1,000,000 of the funds provided 
     under this heading under the District of Columbia 
     Appropriations Act, 2001, among the items and entities funded 
     under such heading for the costs of such repairs.

                    General Provisions--This Chapter

       Sec. 401. (a) Section 106(b) of the District of Columbia 
     Public Works Act of 1954 (sec. 43-1552(b), DC Code), as 
     amended by section 133 of the District of Columbia 
     Appropriations Act, 1990, is amended--
       (1) in the third sentence of paragraph (1), by striking 
     ``United States Treasury and'' and all that follows through 
     ``by the''; and
       (2) by adding at the end the following new paragraph:
       ``(5) Not later than the 15th day of the month following 
     each quarter (beginning with the first quarter of fiscal year 
     2001), the inspector general of each Federal department, 
     establishment, or agency receiving water services from the 
     District of Columbia shall submit a report to the Committees 
     on Appropriations of the House of Representatives and Senate 
     analyzing the promptness of payment with respect to the 
     services furnished to such department, establishment, or 
     agency.''.
       (b) Section 212(b) of the District of Columbia Public Works 
     Act of 1954 (sec. 43-1612(b), DC Code), as amended by section 
     133 of the District of Columbia Appropriations Act, 1990, is 
     amended--
       (1) in the third sentence of paragraph (1), by striking 
     ``United States Treasury and'' and all that follows through 
     ``by the''; and
       (2) by adding at the end the following new paragraph:
       ``(5) Not later than the 15th day of the month following 
     each quarter (beginning with the first quarter of fiscal year 
     2001), the inspector general of each Federal department, 
     establishment, or agency receiving sanitary sewer services 
     from the District of Columbia shall submit a report to the 
     Committees on Appropriations of the House of Representatives 
     and Senate analyzing the promptness of payment with respect 
     to the services furnished to such department, establishment, 
     or agency.''.
       (c) The amendments made by this section shall take effect 
     as if included in the enactment of section 133 of the 
     District of Columbia Appropriations Act, 1990.
       Sec. 402. (a) The Act entitled ``An Act donating certain 
     Lots in the City of Washington for Schools for Colored 
     Children in the District of Columbia'', approved July 28, 
     1866 (14 Stat. 343), is amended by striking the second 
     sentence.
       (b) Section 319 of the Revised Statutes of the United 
     States relating to the District of Columbia and Post Roads 
     (sec. 31-206, D.C. Code) is repealed.
       Sec. 403. Restrictions on Use of Annual Unobligated Balance 
     in D.C. Crime Victims Compensation Fund. (a) In General.--
     Section 16(d) of the Victims of Violent Crime Compensation 
     Act of 1996 (sec. 3-435(d), D.C. Code), as added by section 
     160(d) of the District of Columbia Appropriations Act, 2000, 
     is amended to read as follows:
       ``(d) Any unobligated balance existing in the Fund in 
     excess of $250,000 as of the end of each fiscal year 
     (beginning with fiscal year 2000) may be used only in 
     accordance with a plan developed by the District of Columbia 
     and approved by the Committees on Appropriations of the 
     Senate and House of Representatives, the Committee on 
     Government Reform of the House of Representatives, and the 
     Committee on Governmental Affairs of the Senate, and not less 
     than 80 percent of such balance shall be used for direct 
     compensation payments to crime victims through the Fund under 
     this section and in accordance with this Act.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect September 30, 2000.
       Sec. 404. (a) Notwithstanding any provision of the District 
     of Columbia Appropriations Act, 2001, the District of 
     Columbia may fund the programs identified under the heading 
     ``Reserve'' in H.R. 4942, One Hundred Sixth Congress, as 
     introduced, subject to the conditions described under such 
     heading and upon certification by the District of Columbia 
     Financial Responsibility and Management Assistance Authority 
     to the Committees on Appropriations of the Senate and House 
     of Representatives that the Chief Financial Officer of the 
     District of Columbia, the Mayor of the District of Columbia, 
     and the Council of the District of Columbia have identified 
     and implemented such spending reductions as may be necessary 
     to ensure that the District of Columbia will not have a 
     budget deficit for fiscal year 2001.
       (b)(1) Notwithstanding any provision of the District of 
     Columbia Appropriations Act, 2001, the use by the District of 
     the funds described in paragraph (2) for Pay-As-You-Go 
     Capital Funds shall be optional.
       (2) The funds described in this paragraph are funds set 
     aside for the reserve established by section 202(j) of the 
     District of Columbia Financial Responsibility and Management 
     Assistance Act of 1995 (as amended by section 148 of the 
     District of Columbia Appropriations Act, 2000) which are not 
     used for purposes of any reserve funds established under the 
     District of Columbia Appropriations Act, 2001, or any 
     amendments made by such Act.
       (c)(1) The Mayor of the District of Columbia shall deposit 
     the annual interest savings resulting from debt reductions 
     using the proceeds of the tobacco securitization program into 
     the emergency reserve fund established under section 450A of 
     the District of Columbia Home Rule Act (as added by section 
     159 of the District of Columbia Appropriations Act, 2001).
       (2) This subsection shall apply with respect to fiscal year 
     2001 and each succeeding fiscal year until the requirements 
     of section 450A of the District of Columbia Home Rule Act 
     have been met.
       Sec. 405. (a) Notwithstanding any provision of the District 
     of Columbia Appropriations Act, 2001, quarterly disbursements 
     shall be calculated and paid to District of Columbia public 
     charter schools during fiscal year 2001 in accordance with 
     section 107a(b) of the Uniform Per Student

[[Page H12264]]

     Funding Formula for Public Schools and Public Charter Schools 
     and Tax Conformity Clarification Amendment Act of 1998 (sec. 
     31-2906.1(b), DC Code), as amended by the Enrollment 
     Integrity Act.
       Sec. 406. (a) The provisions of H.R. 5547 (as enacted into 
     law by H.R. 4942 of the 106th Congress) are repealed and 
     shall be deemed for all purposes (including section 1(b) of 
     H.R. 4942) to have never been enacted.
       (b) The repeal made by this section shall take effect as if 
     included in H.R. 4942 of the 106th Congress on the date of 
     its enactment.

                               CHAPTER 5

                      ENERGY AND WATER DEVELOPMENT

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil


                         General Investigations

       For an additional amount for ``General Investigations'', 
     $900,000, to remain available until expended: Provided, That 
     $100,000 shall be available for a reconnaissance study of 
     shore protection needs at North Topsail Beach, North 
     Carolina; $100,000 shall be available for a reconnaissance 
     study for the Passiac County, New Jersey, water 
     infrastructure project; $100,000 shall be available for a 
     reconnaissance study of flooding, drainage and other related 
     problems in the Cayuga Creek Watershed, New York; and 
     $600,000 shall be available for a cost-shared feasibility 
     study of the restoration of the lower St. Anthony's Falls 
     natural rapids in Minnesota.


                         Construction, General

       For an additional amount for ``Construction, General'', 
     $2,750,000, to remain available until expended: Provided, 
     That $75,000 shall be available for planning and design of a 
     project to provide for floodplain evacuation in the watershed 
     of Pond Creek, Kentucky; $100,000 shall be available for 
     design of recreation and access features at the Louisville 
     Waterfront Park in Kentucky; $500,000 shall be available for 
     a Limited Reevaluation Report for the Central Boca Raton 
     segment of the Palm Beach County, Florida, shore protection 
     project; and $75,000 shall be available to conduct research 
     on the eradication of Eurasian water milfoil at Houghton 
     Lake, Michigan: Provided further, That the Secretary of the 
     Army, acting through the Chief of Engineers, is authorized 
     and directed to use $2,000,000 of the funds appropriated 
     herein to initiate design and construction of the Hawaii 
     Water Management Project, including Waiahole Ditch on Oahu, 
     Kau Ditch on Maui, Pioneer Mill Ditch on Hawaii, and the 
     complex system on the west side of Kauai: Provided further, 
     That the Secretary of the Army may use up to $5,000,000 of 
     previously appropriated funds to carry out the Abandoned and 
     Inactive Noncoal Mine Restoration program authorized by 
     section 560 of Public Law 106-53.


 Flood Control, Mississippi River and Tributaries, Arkansas, Illinois, 
       Kentucky, Louisiana, Mississippi, Missouri, and Tennessee

       For an additional amount for ``Flood Control, Mississippi 
     River and Tributaries, Arkansas, Illinois, Kentucky, 
     Louisiana, Mississippi, Missouri, and Tennessee'', 
     $3,500,000, to remain available until expended, for 
     prosecuting work of repair, restoration or maintenance of the 
     Mississippi River levees, and for the correction of 
     deficiencies in the mainline Mississippi River levees.

                       DEPARTMENT OF THE INTERIOR

                         Bureau of Reclamation


                      Water and Related Resources

       For an additional amount for ``Water and Related 
     Resources'', $2,000,000, to remain available until expended, 
     for construction of the Mid-Dakota Rural Water System, in 
     addition to amounts made available under the Energy and Water 
     Appropriations Development Act, 2001.

                          DEPARTMENT OF ENERGY

                            ENERGY PROGRAMS

                             Energy Supply

       For an additional amount for ``Energy Supply'', $800,000, 
     to remain available until expended, for the Prime, LLC, of 
     central South Dakota, for final engineering and project 
     development of the integrated ethanol complex, including an 
     ethanol unit, waste treatment system, and enclosed cattle 
     feed lot.

                                Science

       For an additional amount for ``Science'', $1,000,000, to 
     remain available until expended, for high temperature 
     superconducting research and development at Boston College.

                               CHAPTER 6

                    General Provisions--This Chapter

       Sec. 601. Of the funds appropriated under the heading 
     Department of State, International Narcotics Control and Law 
     Enforcement, in the Foreign Operations, Export Financing, and 
     Related Programs Appropriations Act, 2001, not less than 
     $1,350,000 shall be available only for the Protection Project 
     to continue its study of international trafficking, 
     prostitution, slavery, debt bondage and other abuses of women 
     and children.
       Sec. 602. Embassy Compensation Authority. Funds made 
     available under the heading ``Other Bilateral Economic 
     Assistance, Economic Support Fund'' included in the Foreign 
     Operations, Export Financing, and Related Programs 
     Appropriations Act, 2001 (Public Law 106-429) may be made 
     available, notwithstanding any other provision of law, to 
     provide payment to the government of the People's Republic of 
     China for property loss and damage arising out of the May 7, 
     1999 incident in Belgrade, Federal Republic of Yugoslavia.

                               CHAPTER 7

                       DEPARTMENT OF THE INTERIOR

                       Bureau of Land Management


                            Land Acquisition

       For an additional amount for ``Land Acquisition'', 
     $5,000,000, to be derived from the Land and Water 
     Conservation Fund and to remain available until expended, to 
     carry out the provisions of title VI of the Steens Mountain 
     Cooperative Management and Protection Act (Public Law 106-
     399): Provided, That sums necessary to complete the 
     individual land exchanges identified under title VI shall be 
     provided within thirty days of each land exchange.

                United States Fish and Wildlife Service


                          Resource Management

       For an additional amount for ``Resource Management'', 
     $500,000 for a grant to the Center for Reproductive Biology 
     at Washington State University.


                Multinational Species Conservation Fund

       For an additional amount for the ``Multinational Species 
     Conservation Fund'', $750,000, to remain available until 
     expended, for Great Ape conservation activities authorized by 
     law.

                         National Park Service


                 Operation of the National Park System

       For an additional amount for ``Operation of the National 
     Park System'', $100,000 for completion of studies related to 
     the Arlington Boathouse in Virginia.


                  National Recreation and Preservation

       For an additional amount for ``National Recreation and 
     Preservation'', $1,600,000, to remain available until 
     expended, of which $500,000 is for the National Constitution 
     Center in Philadelphia, Pennsylvania and $1,100,000 is for a 
     grant to the Historic New Bridge Landing Park Commission.


                       Historic Preservation Fund

       For an additional amount for the ``Historic Preservation 
     Fund'', $100,000 for a grant to the Massillon Heritage 
     Foundation, Inc. in Massillon, Ohio.


                              Construction

       For an additional amount for ``Construction'', $3,500,000, 
     to remain available until expended, of which $1,500,000 is 
     for the Stones River National Battlefield and $2,000,000 is 
     for the Millennium Cultural Cooperative Park.

                          DEPARTMENT OF ENERGY

                          Energy Conservation

       For an additional amount for ``Energy Conservation'', 
     $300,000, to remain available until expended, for a grant to 
     the Oak Ridge National Laboratory/Nevada Test Site 
     Development Corporation for the development of (1) cooling, 
     refrigeration, and thermal energy management equipment 
     capable of using natural gas or hydrogen fuels; and (2) 
     improvement of the reliability of heat-activated cooling, 
     refrigeration, and thermal energy management equipment used 
     in combined heating, cooling, and power applications.

                             RELATED AGENCY

            Woodrow Wilson International Center for Scholars


                       Payment to Endowment Fund

       For payment to the endowment fund of the Woodrow Wilson 
     International Center for Scholars $5,000,000: Provided, That 
     such funds may be invested in investments approved by the 
     Board of Trustees of the Woodrow Wilson International Center 
     for Scholars and the income from such investments may be used 
     to support the programs of the Center that the Board of 
     Trustees and the Director of the Center determine 
     appropriate.

                    General Provision--This Chapter

       Sec. 701. In addition to amounts appropriated in Public Law 
     106-291 to the Indian Health Service under the heading 
     ``Indian Health Services'', $30,000,000, to remain available 
     until expended, is appropriated as follows:
       (1) $15,000,000 shall be provided to the Alaska Federation 
     of Natives as a direct lump sum payment within 30 days of 
     enactment of this Act for its Alaska Native Sobriety and 
     Alcohol Control Program: Provided, That the President of the 
     Alaska Federation of Natives shall make grants to each Alaska 
     Native regional non-profit corporation (as listed in section 
     103(a)(2) of Public Law 104-193 (110 Stat. 2159)) in which 
     there are villages, including established villages and 
     organized cities under state law, that have voted to ban the 
     sale, importation, or possession of alcohol pursuant to local 
     option state law: Provided further, That such grants shall be 
     used to (1) employ Village Public Safety Officers 
     (hereinafter referred to as ``VPSO's'') under such terms and 
     conditions that encourage retention of such VPSO's and that 
     are consistent with agreements with the State of Alaska for 
     the provision of such VPSO services, (2) acquisition of law 
     enforcement equipment or services, or (3) develop and 
     implement restorative justice programs recognized under state 
     sentencing law as a community based complement or alternative 
     to incarceration or other penalty: Provided further, That 
     funds may also be used for activities and programs to further 
     the sobriety movement including education and treatment. The 
     President of the Alaska Federation of Natives shall submit a 
     report on its activities and those of its grantees including 
     administrative costs and persons served by December 31, 2001; 
     and
       (2) $15,000,000 shall be provided to the Indian Health 
     Service for drug and alcohol prevention and treatment 
     services for non-Alaska tribes.

                               CHAPTER 8

                    General Provisions--This Chapter

       Sec. 801. There are appropriated to the Health Resources 
     and Services Administration in the Department of Health and 
     Human Services, for the construction of the Biotechnology 
     Science Center at the Marshall University in Huntington, West 
     Virginia, $25,000,000, to remain available until expended.
       Sec. 802. There are appropriated to the Health Resources 
     and Services Administration in the

[[Page H12265]]

     Department of Health and Human Services, for the construction 
     of the Christian Nurses Hospice in Brentwood, New York, 
     $400,000.
       Sec. 803. There are appropriated to the Institute of Museum 
     and Library Services, for expansion of the marine biology 
     program at the Long Island Maritime Museum, $250,000.

                               CHAPTER 9

                           LEGISLATIVE BRANCH

                        CONGRESSIONAL OPERATIONS

                        HOUSE OF REPRESENTATIVES

     Payments to Widows and Heirs of Decreased Members of Congress

       For payment to Laura Y. Bateman, widow of Herbert H. 
     Bateman, late a Representative from the State of Virginia, 
     $141,300.
       For payment to Susan L. Vento, widow of Bruce F. Vento, 
     late a Representative from the State of Minnesota, $141,300.
       For payment to Betty Lee Dixon, widow of Julian C. Dixon, 
     late a Representative from the State of California, $141,300.

                        ARCHITECT OF THE CAPITOL

                     Capitol Buildings and Grounds

                           capitol buildings

                         salaries and expenses

       For an additional amount for ``Capitol Buildings and 
     Grounds--capitol buildings--salaries and expenses'' for 
     necessary expenses for construction of emergency egress from 
     the fourth floor of the Capitol Building, $1,033,000, to 
     remain available until expended: Provided, That the entire 
     amount is designated by the Congress as an emergency 
     requirement pursuant to section 251(b)(2)(A) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985, as amended.

                          LIBRARY OF CONGRESS

                         Salaries and Expenses

       For the Library of Congress, $25,000,000, to remain 
     available until expended, for necessary salaries and expenses 
     of the National Digital Information Infrastructure and 
     Preservation Program; and an additional $75,000,000, to 
     remain available until expended, for such purposes: Provided, 
     That the portion of such additional $75,000,000, which may be 
     expended shall not exceed an amount equal to the matching 
     contributions (including contributions other than money) for 
     such purposes that (1) are received by the Librarian of 
     Congress for the program from non-Federal sources, and (2) 
     are received before March 31, 2003: Provided further, That 
     such program shall be carried out in accordance with a plan 
     or plans approved by the Committee on House Administration of 
     the House of Representatives, the Committee on Rules and 
     Administration of the Senate, the Committee on Appropriations 
     of the House of Representatives, and the Committee on 
     Appropriations of the Senate: Provided further, That of the 
     total amount appropriated, $5,000,000 may be expended before 
     the approval of a plan to develop such a plan, and to collect 
     or preserve essential digital information which otherwise 
     would be uncollectible: Provided further, That the balance in 
     excess of such $5,000,000 shall not be expended without 
     approval in advance by the Committee on Appropriations of the 
     House of Representatives and the Committee on Appropriations 
     of the Senate: Provided further, That the plan under this 
     heading shall be developed by the Librarian of Congress 
     jointly with entities of the Federal government with 
     expertise in telecommunications technology and electronic 
     commerce policy (including the Secretary of Commerce and 
     the Director of the White House Office of Science and 
     Technology Policy) and the National Archives and Records 
     Administration, and with the participation of 
     representatives of other Federal, research, and private 
     libraries and institutions with expertise in the 
     collection and maintenance of archives of digital 
     materials (including the National Library of Medicine, the 
     National Agricultural Library, the National Institute of 
     Standards and Technology, the Research Libraries Group, 
     the Online Computer Library Center, and the Council on 
     Library and Information Resources) and representatives of 
     private business organizations which are involved in 
     efforts to preserve, collect, and disseminate information 
     in digital formats (including the Open e-Book Forum): 
     Provided further, That notwithstanding any other provision 
     of law, effective with the One Hundred Seventh Congress 
     and each succeeding Congress the chair of the Subcommittee 
     on the Legislative Branch of the Committee on 
     Appropriations of the House of Representatives shall serve 
     as a member of the Joint Committee on the Library with 
     respect to the Library's financial management, 
     organization, budget development and implementation, and 
     program development and administration, as well as any 
     other element of the mission of the Library of Congress 
     which is subject to the requirements of Federal law.

                    General Provisions--This Chapter

       Sec. 901. Retirement Credit for Certain Legislative Branch 
     Employees. (a) Former Employees of Congressional Campaign 
     Committees.--
       (1) CSRS.--Section 8332(m) of title 5, United States Code, 
     as amended by section 312 of the Legislative Branch 
     Appropriations Act, 2000, is amended--
       (A) by redesignating paragraphs (2) and (3) as paragraphs 
     (3) and (4); and
       (B) by inserting after paragraph (1) the following new 
     paragraph:
       ``(2) Upon application to the Office of Personnel 
     Management, any individual who was an employee on the date of 
     the enactment of this paragraph, and who has on such date or 
     thereafter acquires 5 years or more of creditable civilian 
     service under this section (exclusive of service for which 
     credit is allowed under this subsection) shall be allowed 
     credit (as service as a Congressional employee) for service 
     before December 31, 1990, while employed by the Democratic 
     Senatorial Campaign Committee, the Republican Senatorial 
     Campaign Committee, the Democratic National Congressional 
     Committee, or the Republican National Congressional 
     Committee, if--
       ``(A) such employee has at least 4 years and 6 months of 
     service on such committees as of December 31, 1990; and
       ``(B) such employee makes a deposit to the Fund in an 
     amount equal to the amount which would be required under 
     section 8334(c) if such service were service as a 
     Congressional employee.''.
       (2) FERS.--Section 8411 of title 5, United States Code, is 
     amended by adding at the end the following new subsection:
       ``(i)(1) Upon application to the Office of Personnel 
     Management, any individual who was an employee on the date of 
     the enactment of this paragraph, and who has on such date or 
     thereafter acquires 5 years or more of creditable civilian 
     service under this section (exclusive of service for which 
     credit is allowed under this subsection) shall be allowed 
     credit (as service as a Congressional employee) for service 
     before December 31, 1990, while employed by the Democratic 
     Senatorial Campaign Committee, the Republican Senatorial 
     Campaign Committee, the Democratic National Congressional 
     Committee, or the Republican National Congressional 
     Committee, if--
       ``(A) such employee has at least 4 years and 6 months of 
     service on such committees as of December 31, 1990; and
       ``(B) such employee deposits to the Fund an amount equal to 
     1.3 percent of the base pay for such service, with interest.
       ``(2) The Office shall accept the certification of the 
     President of the Senate (or the President's designee) or the 
     Speaker of the House of Representatives (or the Speaker's 
     designee), as the case may be, concerning the service of, and 
     the amount of compensation received by, an employee with 
     respect to whom credit is to be sought under this subsection.
       ``(3) An individual shall not be granted credit for such 
     service under this subsection if eligible for credit under 
     section 8332(m) for such service.''.
       (b) Former Employees of Legislative Service 
     Organizations.--
       (1) Service of employees of legislative service 
     organizations.--
       (A) In general.--Subject to succeeding provisions of this 
     paragraph, upon application to the Office of Personnel 
     Management in such form and manner as the Office shall 
     prescribe, any individual who performed service as an 
     employee of a legislative service organization of the House 
     of Representatives (as defined and authorized in the One 
     Hundred Third Congress) and whose pay was paid in whole or in 
     part by a source other than the Clerk Hire account of a 
     Member of the House of Representatives (other than an 
     individual described in paragraph (6)) shall be entitled--
       (i) to receive credit under the provisions of subchapter 
     III of chapter 83 or chapter 84 of title 5, United States 
     Code (whichever would be appropriate), as Congressional 
     employee service, for all such service; and
       (ii) to have all pay for such service which was so paid by 
     a source other than the Clerk Hire account of a Member 
     included (in addition to any amounts otherwise included in 
     basic pay) for purposes of computing an annuity payable out 
     of the Civil Service Retirement and Disability Fund.
       (B) Deposit requirement.--In order to be eligible for the 
     benefits described in subparagraph (A), an individual shall 
     be required to pay into the Civil Service Retirement and 
     Disability Fund an amount equal to the difference between--
       (i) the employee contributions that were actually made to 
     such Fund under applicable provisions of law with respect to 
     the service described in subparagraph (A); and
       (ii) the employee contributions that would have been 
     required with respect to such service if the amounts 
     described in subparagraph (A)(ii) had also been treated as 
     basic pay.
     The amount required under this subparagraph shall include 
     interest, which shall be computed under section 8334(e) of 
     title 5, United States Code.
       (C) Certain offsets required in order to prevent double 
     contributions and benefits.--In the case of any period of 
     service as an employee of a legislative service organization 
     which constituted employment for purposes of title II of the 
     Social Security Act--
       (i) any pay for such service (as described in subparagraph 
     (A)(ii)) with respect to which the deposit under subparagraph 
     (B) would otherwise be computed by applying the first 
     sentence of section 8334(a)(1) of title 5, United States 
     Code, shall instead be computed in a manner based on section 
     8334(k) of such title; and
       (ii) any retirement benefits under subchapter III of 
     chapter 83 of title 5, United States Code, shall be subject 
     to offset (to reflect that portion of benefits under title II 
     of the Social Security Act attributable to pay referred to in 
     subparagraph (A)) similar to that provided for under section 
     8349 of such title.
       (2) Survivor annuitants.--For purposes of survivor 
     annuities, an application authorized by this section may, in 
     the case of an individual under paragraph (1) who has died, 
     be made by a survivor of such individual.
       (3) Recomputation of annuities.--Any annuity or survivor 
     annuity payable as of when an individual makes the deposit 
     required under paragraph (1) shall be recomputed to take into 
     account the crediting of service under such paragraph for 
     purposes of amounts accruing for any period beginning on or 
     after the date on which the individual makes the deposit.

[[Page H12266]]

       (4) Certification of speaker.--The Office of Personnel 
     Management shall accept the certification of the Speaker of 
     the House of Representatives (or the Speaker's designee) 
     concerning the service of, and the amount of compensation 
     received by, an employee with respect to whom credit is to be 
     sought under this subsection.
       (5) Notification and other duties of the office of 
     personnel management.--
       (A) Notice.--The Office of Personnel Management shall take 
     such action as may be necessary and appropriate to inform 
     individuals of any rights they might have as a result of the 
     enactment of this subsection.
       (B) Assistance.--The Office shall, on request, assist any 
     individual in obtaining from any department, agency, or other 
     instrumentality of the United States any information in the 
     possession of such instrumentality which may be necessary to 
     verify the entitlement of such individual to have any service 
     credited under this subsection or to have an annuity 
     recomputed under paragraph (3).
       (C) Information.--Any department, agency, or other 
     instrumentality of the United States which possesses any 
     information with respect to an individual's performance of 
     any service described in paragraph (1) shall, at the 
     request of the office, furnish such information to the 
     Office.
       (6) Exclusion of certain employees.--An individual is not 
     eligible for credit under this subsection if the individual 
     served as an employee of the House of Representatives for an 
     aggregate period of 5 years or longer after the individual's 
     final period of service as an employee of a legislative 
     service organization of the House of Representatives.
       (7) Member defined.--In this subsection, the term ``Member 
     of the House of Representatives'' includes a Delegate or 
     Resident Commissioner to the Congress.
       Sec. 902. (a) The Legislative Branch Appropriations Act, 
     2001 is amended under the subheading ``miscellaneous items'' 
     under the heading ``SENATE'' under title I by striking 
     ``$8,655,000'' and inserting ``$25,155,000''.
       (b) The amendment made by subsection (a) shall take effect 
     as if included in the enactment of the Legislative Branch 
     Appropriations Act, 2001.
       Sec. 903. Beginning on the first day of the 107th Congress, 
     the Presiding Officer of the Senate shall apply all of the 
     precedents of the Senate under Rule XXVIII in effect at the 
     conclusion of the 103rd Congress. Further that there is now 
     in effect a Standing order of the Senate that the reading of 
     conference reports is no longer required, if the said 
     conference report is available in the Senate.

                               CHAPTER 10

                    General Provisions--This Chapter

       Sec. 1001. In addition to amounts appropriated or otherwise 
     made available in the Military Construction Appropriations 
     Act, 2001, $43,500,000 is hereby appropriated to the 
     Department of Defense, to remain available until September 
     30, 2005, as follows:
       ``Military Construction, Army'', $27,000,000;
       ``Military Construction, Air Force'', $12,000,000;
       ``Military Construction, Army National Guard'', $4,500,000:

     Provided, That notwithstanding any other provision of law, 
     such funds may be obligated or expended to carry out planning 
     and design, military construction, and family housing 
     projects not otherwise authorized by law.
       Sec. 1002. Transfer of Jurisdiction, Melrose Air Force 
     Range, New Mexico. (a) Transfer Required.--(1) The Secretary 
     of the Interior shall transfer, without reimbursement, to the 
     administrative jurisdiction of the Secretary of the Air Force 
     the surface estate in the real property described in 
     paragraph (2), which consists of 6,713.90 acres of public 
     domain lands in Roosevelt County, New Mexico.
       (2) The transfer of administrative jurisdiction under 
     paragraph (1) encompasses the following sections (or portions 
     thereof):
       (A) In Township 1 North, Range 30 East, New Mexico Prime 
     Meridian:
       (i) Sec. 2 (S\1/2\).
       (ii) Sec. 11. All.
       (iii) Sec. 20 (S\1/2\SE\1/4\).
       (iv) Sec. 28. All.
       (B) In Township 1 South, Range 30 East, New Mexico Prime 
     Meridian:
       (i) Sec. 2 (Lots 1-12, S\1/2\).
       (ii) Sec. 3 (Lots 1-12, S\1/2\).
       (iii) Sec. 4 (Lots 1-12, S\1/2\).
       (iv) Sec. 6 (Lots 1 and 2).
       (v) Sec. 9 (N\1/2\, N\1/2\S\1/2\).
       (vi) Sec. 10 (N\1/2\, N\1/2\S\1/2\).
       (vii) Sec. 11 (N\1/2\, N\1/2\S\1/2\).
       (C) In Township 2 North, Range 30 East, New Mexico Prime 
     Meridian:
       (i) Sec. 20 (E\1/2\S\1/4\).
       (i) Sec. 21 (SW\1/4\, W\1/2\SE\1/4\).
       (i) Sec. 28 (W\1/2\E\1/2\, W\1/2\).
       (i) Sec. 29 (E\1/2\E\1/2\).
       (i) Sec. 32 (E\1/2\E\1/2\).
       (i) Sec. 33 (W\1/2\E\1/2\, NW\1/4\, S\1/2\SW\1/4\).
       (b) Status of Surface Estate.--Upon transfer under 
     subsection (a), the surface estate is deemed to be real 
     property subject to the Federal Property and Administrative 
     Services Act of 1949 (40 U.S.C. 471 et seq.).
       (c) Withdrawal of Mineral Estate.--Subject to valid 
     existing rights, the mineral estate of the lands described in 
     subsection (a) are withdrawn from all forms of appropriation 
     under the public land laws, including the mining laws and the 
     mineral and geothermal leasing laws, but not the Act of July 
     31, 1947 (commonly known as the Materials Act of 1947; 30 
     U.S.C. 601 et seq.).
       (d) Use of Mineral Materials.--Notwithstanding subsection 
     (c) or the Act of July 31, 1947, the Secretary of the Air 
     Force may use, without application to the Secretary of the 
     Interior, the sand, gravel, or similar mineral material 
     resources on the lands described in subsection (a), of the 
     type subject to disposition under the Act of July 31, 1947, 
     when the use of such resources is required for construction 
     needs on the Melrose Air Force Range, New Mexico.
       Sec. 1003. Transfer of Jurisdiction, Yakima Training 
     Center, Washington. (a) Transfer Required.--(1) The Secretary 
     of the Interior shall transfer, without reimbursement, to the 
     administrative jurisdiction of the Secretary of the Army the 
     surface estate in the real property described in paragraph 
     (2), which consists of 6,640.02 acres of public domain lands 
     in Kittitas County, Washington.
       (2) The transfer of administrative jurisdiction under 
     paragraph (1) encompasses the following sections (or portions 
     thereof):
       (A) In Township 17 North, Range 20 East, Willamette 
     Meridian:
       (i) Sec. 22 (S\1/2\).
       (ii) Sec. 24 (S\1/2\SW\1/4\ and that portion of the E\1/2\ 
     lying south of the Interstate Highway 90 right-of-way).
       (iii) Sec. 26. All.
       (B) In Township 16 North, Range 21 East, Willamette 
     Meridian:
       (i) Sec. 4 (SW\1/4\SW\1/4\).
       (ii) Sec. 12 (SE\1/4\).
       (iii) Sec. 18 (Lots 1, 2, 3, and 4, E\1/2\ and E\1/2\W\1/
     2\).
       (C) In Township 17 North, Range 21 East, Willamette 
     Meridian:
       (i) Sec. 30 (Lots 3 and 4).
       (ii) Sec. 32 (NE\1/4\SE\1/4\).
       (D) In Township 16 North, Range 22 East, Willamette 
     Meridian:
       (i) Sec. 2 (Lots 1, 2, 3, and 4, S\1/2\N\1/2\ and S\1/2\).
       (ii) Sec. 4 (Lots 1, 2, 3, and 4, S\1/2\N\1/2\ and S\1/2\).
       (iii) Sec. 10. All.
       (iv) Sec. 14. All.
       (v) Sec. 20 (SE\1/4\SW\1/4\).
       (vi) Sec. 22. All.
       (vii) Sec. 26 (N\1/2\).
       (viii) Sec. 28 (N\1/2\).
       (E) In Township 16 North, Range 23 East, Willamette 
     Meridian:
       (i) Sec. 18 (Lots 3 and 4, E\1/2\SW\1/4\, W\1/2\SE\1/4\, 
     and that portion of the E\1/2\SE\1/4\ lying westerly of the 
     westerly right-of-way line of Huntzinger Road).
       (ii) Sec. 20 (That portion of the SW\1/4\ lying westerly of 
     the easterly right-of-way line of the railroad).
       (iii) Sec. 30 (Lots 1 and 2, NE\1/4\ and E\1/2\NW\1/4\).
       (b) Status of Surface Estate.--Upon transfer under 
     subsection (a), the surface estate is deemed to be real 
     property subject to the Federal Property and Administrative 
     Services Act of 1949 (40 U.S.C. 471 et seq.).
       (c) Withdrawal of Mineral Estate.--(1) Subject to valid 
     existing rights, the mineral estate of the lands described in 
     subsection (a), as well as the additional lands described in 
     paragraph (2), are withdrawn from all forms of appropriation 
     under the public land laws, including the mining laws and the 
     geothermal leasing laws, but not the Act of July 31, 1947 
     (commonly known as the Materials Act of 1947; 30 U.S.C. 601, 
     et seq.) and the Mineral Leasing Act (30 U.S.C. 181 et seq.):
       (2) The additional lands referred to in paragraph (1) 
     consist of 3,090.80 acres in the following sections (or 
     portions thereof):
       (A) In Township 16 North, Range 20 East, Willamette 
     Meridian:
       (i) Sec. 12. All.
       (ii) Sec. 18 (Lot 4 and SE\1/4\).
       (iii) Sec. 20 (S\1/2\).
       (B) In Township 16 North, Range 21 East, Willamette 
     Meridian:
       (i) Sec. 4 (Lots 1, 2, 3, and 4, S\1/2\NE\1/4\).
       (ii) Sec. 8. All.
       (C) In Township 16 North, Range 22 East, Willamette 
     Meridian:
       (i) Sec. 12. All.
       (D) In Township 17 North, Range 21 East, Willamette 
     Meridian:
       (i) Sec. 32 (S\1/2\SE\1/4\).
       (ii) Sec. 34 (W\1/2\).
       (d) Use of Mineral Materials.--Notwithstanding subsection 
     (c) or the Act of July 31, 1947, the Secretary of the Army 
     may use, without application to the Secretary of the 
     Interior, the sand, gravel, or similar mineral material 
     resources on the lands described in subsections (a) and (c), 
     of the type subject to disposition under the Act of July 31, 
     1947, when the use of such resources is required for 
     construction needs on the Yakima Training Center, Washington.

                               CHAPTER 11

                      DEPARTMENT OF TRANSPORTATION

                    General Provisions--This Chapter

       Sec. 1101. Section 5309(g)(4)(D)(2) of title 49, United 
     States Code, is amended by striking ``light''.
       Sec. 1102. Item number 630 of the table contained in 
     section 1602 of the Transportation Act for the 21st Century 
     (112 Stat. 280), relating to Buffalo, New York, is amended by 
     striking ``Design and construct Outer Harbor Bridge in 
     Buffalo'' and inserting ``Transportation infrastructure 
     improvements, Inner Harbor/Redevelopment project, Buffalo''.
       Sec. 1103. If the State of Arkansas incorporates into the 
     relocation of U.S. Route 71 through Fort Chaffee, Arkansas, 
     land obtained by the State from the Federal Government as a 
     result of the closure of a military installation, the 
     Secretary of Transportation shall credit to the State share 
     of the cost of the relocation the fair market value of such 
     land .
       Sec. 1104. For an additional amount to enable the Secretary 
     of Transportation to make a grant to the Huntsville 
     International Airport, $2,500,000, to be derived from the 
     airport and airway trust fund, to remain available until 
     expended.
       Sec. 1105. Notwithstanding any other provision of law, for 
     necessary expenses for the Southeast Light Rail Extension 
     Project in Dallas, Texas, $1,000,000, to be derived from the

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     Mass Transit Account of the Highway Trust Fund and to remain 
     available until expended.
       Sec. 1106. Section 1105(c) of the Intermodal Surface 
     Transportation Efficiency Act of 1991 (105 Stat. 2032-2033) 
     is amended by striking paragraph (38) and replacing it with 
     the following--
       ``(38) The Ports-to-Plains Corridor from Laredo, Texas, via 
     I-27 to Denver, Colorado, shall include:
       ``(A) In the State of Texas the Ports-to-Plains Corridor 
     shall generally follow--
       ``(i) I-35 from Laredo to United States Route 83 at Exit 
     18;
       ``(ii) United States Route 83 from Exit 18 to Carrizo 
     Springs;
       ``(iii) United States Route 277 from Carrizo Springs to San 
     Angelo;
       ``(iv) United States Route 87 from San Angelo to Sterling 
     City;
       ``(v) From Sterling City to Lamesa, the Corridor shall 
     follow United States Route 87 and, the corridor shall also 
     follow Texas Route 158 from Sterling City to I-20, then via 
     I-20 West to Texas Route 349 and, Texas Route 349 from 
     Midland to Lamesa;
       ``(vi) United States Route 87 from Lamesa to Lubbock;
       ``(vii) I-27 from Lubbock to Amarillo; and
       ``(viii) United States Route 287 from Amarillo to Dumas.
       ``(B) The corridor designation contained in paragraph (A) 
     shall take effect only if the Texas Transportation Commission 
     has not designated the Ports-to-Plains Corridor in Texas by 
     June 30, 2001.''.
       Sec. 1107. For an additional amount to enable the Secretary 
     of Transportation to make a grant for the Newark-Elizabeth 
     rail link project, New Jersey, $3,000,000, to be derived from 
     the Mass Transit Account of the Highway Trust Fund and to 
     remain available until expended.
       Sec. 1108. Section 5309(m)(3)(C) of Title 49 United States 
     Code shall not apply to the funds made available in the 
     Department of Transportation and Related Agencies 
     Appropriations Act, 2001: Provided, That notwithstanding any 
     other provision of law, the 14th Street Bridge, Virginia; 
     Chouteau Bridge, Jackson County, Missouri; Clement C. Clay 
     Bridge replacement, Morgan/Madison counties, Alabama; 
     Fairfield-Benton-Kennebec River Bridge, Maine; Florida 
     Memorial Bridge, Florida; Historic Woodrow Wilson Bridge, 
     Mississippi; Missisquoi Bay Bridge, Vermont; Oaklawn 
     Bridge, South Pasadena, California; Pearl Harbor Memorial 
     Bridge replacement, Connecticut; Powell County Bridge, 
     Montana; Santa Clara Bridge, Oxnard, California; Star City 
     Bridge, West Virginia; US 231 Bridge over Tennessee River, 
     Alabama; US 54/US 69 Bridge, Kansas; Waimalu Bridge 
     replacement on I-1, Hawaii; Washington Bridge, Rhode 
     Island are eligible in fiscal year 2001 under section 
     144(g)(2) of title 23, United States Code: Provided 
     further, That section 378 of Public Law 106-346 is amended 
     by inserting after ``US 101'' the following: ``and 
     Interstate 5 Trade Corridor''.
       Sec. 1109. Notwithstanding any other provision of law, in 
     addition to funds otherwise appropriated in this or any other 
     Act for fiscal year 2001, $4,000,000 is hereby appropriated 
     from the Highway Trust Fund for Commercial Remote Sensing 
     Products and Spatial Information Technologies under section 
     5113 of Public Law 105-178, as amended: Provided, That such 
     funds are used to study the creation of a new highway right 
     of way south of I-10 along the Mississippi Gulf Coast by 
     relocating the existing railroad right of way out of downtown 
     areas.
       Sec. 1110. Amtrak is authorized to obtain services from the 
     Administrator of General Services, and the Administrator is 
     authorized to provide services to Amtrak, under sections 
     201(b) and 211(b) of the Federal Property and Administrative 
     Services Act of 1949 (40 U.S.C. 481(b) and 491(b)) for fiscal 
     year 2001 and each fiscal year thereafter until the fiscal 
     year that Amtrak operates without Federal operating grant 
     funds appropriated for its benefit, as required by sections 
     24101(d) and 24104(a) of title 49, United States Code.
       Sec. 1111. Of the funds made available in the ``Alteration 
     of bridges'' account of the Department of Transportation and 
     Related Agencies Appropriations Act, 2001 for the Fox River 
     Bridge, $575,000 shall be transferred by the Secretary of 
     Transportation to the City of Oshkosh for removal of the 
     bridge located at mile point 56.9 of the Fox River in 
     Oshkosh, Wisconsin. The United States shall assume no 
     responsibility for project management relating to removal of 
     the bridge.
       Sec. 1112. Notwithstanding section 27 of the Merchant 
     Marine Act, 1920 (46 App. U.S.C. 883), section 8 of the Act 
     of June 19, 1886 (46 App. U.S.C. 289), and section 12106 of 
     title 46, United States Code, the Secretary of Transportation 
     may issue a certificate of documentation with appropriate 
     endorsement for employment in the coastwise trade for the 
     following vessels:
       (1) M/V WELLS GRAY (State of Alaska registration number AK 
     9452 N; former Canadian registration number 154661); and
       (2) ANNANDALE (United States official number 519434).
       Sec. 1113. Conveyance of Coast Guard Property in 
     Middletown, California. (a) Authority To Convey.--
       (1) In general.--The Administrator of General Services (in 
     this section referred to as the ``Administrator'') may 
     promptly convey to Lake County, California (in this section 
     referred to as the ``County''), without consideration, all 
     right, title, and interest of the United States (subject to 
     subsection (c)) in and to the property described in 
     subsection (b).
       (2) Identification of property.--The Administrator, in 
     consultation with the Commandant of the Coast Guard, may 
     identify, describe, and determine the property to be conveyed 
     under this section.
       (b) Property Described.--
       (1) In general.--The property referred to in subsection (a) 
     is such portion of the Coast Guard LORAN Station Middletown 
     as has been reported to the General Services Administration 
     to be excess property, consisting of approximately 733.43 
     acres, and is comprised of all or part of tracts A-101, A-
     102, A-104, A-105, A-106, A-107, A-108, and A-111.
       (2) Survey.--The exact acreage and legal description of the 
     property conveyed under subsection (a), and any easements or 
     rights-of-way reserved by the United States under subsection 
     (c)(1), shall be determined by a survey satisfactory to the 
     Administrator. The cost of the survey shall be borne by the 
     County.
       (c) Conditions.--
       (1) In general.--In making the conveyance under subsection 
     (a), the Administrator shall--
       (A) reserve for the United States such existing rights-of-
     way for access and such easements as are necessary for 
     continued operation of the LORAN station;
       (B) preserve other existing easements for public roads and 
     highways, public utilities, irrigation ditches, railroads, 
     and pipelines; and
       (C) impose such other restrictions on use of the property 
     conveyed as are necessary to protect the safety, security, 
     and continued operation of the LORAN station.
       (2) Firebreaks and fence.--(A) The Administrator may not 
     convey any property under this section unless the County and 
     the Commandant of the Coast Guard enter into an agreement 
     with the Administrator under which the County is required, in 
     accordance with design specifications and maintenance 
     standards established by the Commandant--
       (i) to establish and construct within 6 months after the 
     date of the conveyance, and thereafter to maintain, 
     firebreaks on the property to be conveyed; and
       (ii) construct within 6 months after the date of 
     conveyance, and thereafter maintain, a fence approved by the 
     Commandant along the property line between the property 
     conveyed and adjoining Coast Guard property.
       (B) The agreement shall require that--
       (i) the County shall pay all costs of establishment, 
     construction, and maintenance of firebreaks under 
     subparagraph (A)(i); and
       (ii) the Commandant shall provide all materials needed to 
     construct a fence under subparagraph (A)(ii), and the County 
     shall pay all other costs of construction and maintenance of 
     the fence.
       (3) Covenants appurtenant.--The Administrator shall take 
     actions necessary to render the requirement to establish, 
     construct, and maintain firebreaks and a fence under 
     paragraph (2) and other requirements and conditions under 
     paragraph (1), under the deed conveying the property to the 
     County, covenants that run with the land for the benefit of 
     land retained by the United States.
       (d) Reversionary Interest.--During the five-year period 
     beginning on the date the Administrator makes the conveyance 
     authorized by subsection (a), the real property conveyed 
     pursuant to this section, at the option of the Administrator, 
     shall revert to the United States and be placed under the 
     administrative control of the Administrator, if--
       (1) the County sells, conveys, assigns, exchanges, or 
     encumbers the property conveyed or any part thereof;
       (2) the County fails to maintain the property conveyed in a 
     manner consistent with the terms and conditions in subsection 
     (c);
       (3) the County conducts any commercial activities at the 
     property conveyed, or any part thereof, without approval of 
     the Secretary; or
       (4) at least 30 days before the reversion, the 
     Administrator provides written notice to the owner that the 
     property or any part thereof is needed for national security 
     purposes.
       Sec. 1114. Conveyance of Coast Guard Property to Town of 
     Nantucket, Massachusetts. (a) Authority to Convey.--
       (1) In general.--Notwithstanding any other law, the 
     Administrator of the General Services Administration 
     (Administrator) or the Commandant of the Coast Guard 
     (Commandant), as appropriate, shall convey to the Town of 
     Nantucket, Massachusetts (Town), without monetary 
     consideration, all right, title, and interest of the United 
     States of America (United States) in and to a certain parcel 
     of land located in Nantucket, Massachusetts, and part of 
     United States Coast Guard LORAN Station Nantucket, together 
     with any improvements thereon in their then current 
     condition.
       (2) Identification of property.--The Administrator or the 
     Commandant, as appropriate, shall identify, describe, and 
     determine the property to be conveyed under this section. The 
     Town shall bear all monetary costs associated with any survey 
     required to describe the property to be conveyed under this 
     section and any easements reserved by the United States under 
     subsection (b)(1).
       (b) Terms and Conditions of Conveyance.--
       (1) The conveyance of property under this section shall be 
     made subject to any terms and conditions the Administrator or 
     the Commandant, as appropriate, considers necessary, 
     including the reservation of easements and other rights on 
     behalf of the United States, to ensure that--
       (A) there is reserved to the United States the right to 
     remove, relocate, or replace any aid to navigation located 
     upon, or install or construct any aid to navigation upon, 
     property conveyed under this section as may be necessary for 
     navigational purposes;
       (B) the United States shall have the right to enter 
     property conveyed under this section at any time, without 
     notice, for purposes of operating, maintaining, and 
     inspecting any aid to navigation and for the purposes of 
     exercising any of the rights set forth in paragraph (1)(A) of 
     this subsection; and

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       (C) the Town shall not interfere or allow interference, in 
     any manner, with any aid to navigation, whether located upon 
     the property conveyed under this section or upon any portion 
     of LORAN Station Nantucket retained by the United States, nor 
     hinder activities required for the inspection, operation, and 
     maintenance of any such aid to navigation without the 
     Commandant's express written permission.
       (2) The Town shall not convey, assign, exchange, or in any 
     way encumber the property conveyed under this section, unless 
     approved by the Administrator.
       (3) The Town shall not conduct any commercial activities at 
     or upon the property conveyed under this section, unless 
     approved by the Administrator.
       (4) The Town shall not be required to maintain any active 
     aid to navigation associated with the property conveyed under 
     this section except for private aids to navigation permitted 
     under 14 U.S.C. Sec.  83.
       (5) The United States shall not convey any property under 
     this section, nor grant any real property license under 
     subsection (d), until the Town enters into an agreement with 
     the United States to relocate the Coast Guard receiving 
     antenna and associated equipment, as identified by the 
     Commandant, at the Town's sole cost and expense, and subject 
     to the Commandant's design specifications, project schedule, 
     and final project approval.
       (6) The United States shall not convey any property under 
     this section, nor grant any real property license under 
     subsection (d), until the Town enters into an agreement with 
     the United States that provides that the Town will 
     immediately cease construction or operation of the waste 
     water treatment facility upon notification by the Commandant 
     that the Town's construction or operation of the facility 
     interferes with any Coast Guard aid to navigation. The 
     agreement shall provide that construction or operation shall 
     not be resumed until the conditions causing the interference 
     are corrected, and the Commandant authorizes the construction 
     or operation to resume.
       (7) All conditions placed with the deed of title shall be 
     construed as covenants running with the land.
       (c) Reversionary Interest.--In addition to any term or 
     condition established pursuant to this section, the 
     conveyance of property under this section shall include a 
     condition that the property conveyed, at the option of the 
     Administrator, shall revert to the United States and be 
     placed under the administrative control of the Administrator, 
     if--
       (1) the Town conveys, assigns, exchanges, or in any manner 
     encumbers the property conveyed for consideration, unless 
     otherwise approved by the Administrator;
       (2) the Town conducts any commercial activities at or upon 
     the property conveyed, unless otherwise approved by the 
     Administrator;
       (3) the Town interferes or allows interference, in any 
     manner, with any aid to navigation, whether located upon the 
     property conveyed under this section or upon any portion of 
     LORAN Station Nantucket retained by the United States, nor 
     hinder activities required for the inspection, operation, and 
     maintenance of any such aid to navigation without the 
     Commandant's express written permission; or
       (4) at least 30 days before the reversion, the 
     Administrator provides written notice to the grantee that 
     property conveyed under this section, or any portion thereof, 
     is needed for national security purposes.
       (d) Real Property License.--Prior to the conveyance of any 
     property under this section, the Commandant may grant a real 
     property license to the Town for the purpose of allowing the 
     Town to enter upon LORAN Station Nantucket and commence 
     construction of a waste water treatment facility and for 
     other site preparation activities.
       (e) Definitions.--For purposes of this section:
       (1) Aid to navigation.--The term ``aid to navigation'' 
     means equipment used for navigation purposes, including but 
     not limited to, a light, antenna, sound signal, electronic 
     and radio navigation equipment and signals, cameras, sensors, 
     or other equipment operated or maintained by the United 
     States.
       (2) Town.--The term ``Town'' includes the successors and 
     assigns of the Town of Nantucket, Massachusetts.
       Sec. 1115. Conveyance of Plum Island Lighthouse, 
     Newburyport, Massachusetts. (a) Authority to Convey.--
       (1) In general.--Notwithstanding any other law, the 
     Administrator of the General Services Administration 
     (Administrator) or the Commandant of the Coast Guard 
     (Commandant), as appropriate, shall convey to the City of 
     Newburyport, Massachusetts (City), without monetary 
     consideration, all right, title, and interest of the 
     United States of America (United States) in and to two 
     certain parcels of land upon which the Plum Island Boat 
     House and the Plum Island Lighthouse (also known as the 
     Newburyport Harbor Light), are situated, respectively, 
     located in Essex County, Massachusetts, together with any 
     improvements thereon in their then current condition.
       (2) Identification of property.--The Administrator or the 
     Commandant, as appropriate, shall identify, describe, and 
     determine the property to be conveyed under this section, 
     including the right to retain all right, title, and interest 
     of the United States to any portion of either parcel 
     described in paragraph (a)(1) of this section. The 
     Administrator or Commandant, as appropriate, may retain all 
     right, title, and interest of the United States in and to any 
     historical artifact, including any lens or lantern, that is 
     associated with and located at the property conveyed under 
     this section at the time of conveyance. Artifacts associated 
     with, but not located at, the property conveyed under this 
     section at the time of conveyance, shall remain the personal 
     property of the United States under the administrative 
     control of the Commandant. No submerged lands shall be 
     conveyed under this section.
       (b) Terms and Conditions of Conveyance.--
       (1) The conveyance of property under this section shall be 
     made subject to any terms and conditions the Administrator or 
     the Commandant, as appropriate, considers necessary, 
     including but not limited to, the reservation of easements 
     and other rights on behalf of the United States, to ensure 
     that--
       (A) the aids to navigation located at property conveyed 
     under this section shall remain the personal property of the 
     United States and continue to be operated and maintained by 
     the United States for as long as needed for navigational 
     purposes;
       (B) there is reserved to the United States the right to 
     remove, relocate, or replace any aid to navigation located 
     upon, or install or construct any aid to navigation upon, 
     property conveyed under this section as may be necessary for 
     navigational purposes;
       (C) the United States shall have the right to enter 
     property conveyed under this section at any time, without 
     notice, for purposes of operating, maintaining, and 
     inspecting any aid to navigation, for the purposes of 
     exercising any of the rights set forth in paragraph (1)(B) of 
     this subsection, and for the purposes of ingress and egress 
     to any land retained by the United States; and
       (D) the City shall not, without the Commandant's express 
     written permission, interfere or allow interference, in any 
     manner, with any aid to navigation, nor hinder activities 
     required
       (i) for the inspection, operation, and maintenance of any 
     aid to navigation; or
       (ii) for the exercise of any of the rights set forth in 
     paragraph (1)(B) of this subsection.
       (2) The City shall, at its own cost and expense, maintain 
     the property conveyed under this section in a proper, 
     substantial, and workmanlike manner.
       (3) The City shall ensure that the property conveyed is 
     available and accessible to the public, on a reasonable basis 
     for educational, park, recreational, cultural, historic 
     preservation or similar purposes.
       (4) The City shall not be required to maintain any active 
     aid to navigation associated with the property conveyed under 
     this section except for private aids to navigation permitted 
     under 14 U.S.C. Sec.  83.
       (5) All conditions placed with the deed of title for 
     property conveyed under this section shall be construed as 
     covenants running with the land.
       (6) The Administrator or the Commandant, as appropriate, 
     may require such additional terms and conditions with respect 
     to the conveyance of property under this section, as the 
     Administrator or the Commandant considers appropriate to 
     protect the interests of the United States.
       (c) Reversionary Interest.--In addition to any term or 
     condition established pursuant to this section, any property 
     conveyed under this section, at the option of the 
     Administrator, shall revert to the United States and be 
     placed under the administrative control of the Administrator, 
     if--
       (1) the property conveyed under this section, or any part 
     thereof, ceases to be maintained in a manner that ensures its 
     present or future use as a site for an aid to navigation as 
     determined by the Commandant;
       (2) the property conveyed under this section, or any part 
     thereof, ceases to be available and accessible to the public, 
     on a reasonable basis, for educational, park, recreational, 
     cultural, historic preservation or similar purposes; or
       (3) at least 30 days before the reversion, the 
     Administrator provides written notice to the grantee that 
     property conveyed under this section, or any portion thereof, 
     is needed for national security purposes.
       (d) Definitions.--For purposes of this section:
       (1) Aid to navigation.--The term ``aid to navigation'' 
     means equipment used for navigation purposes, including but 
     not limited to, a light, antenna, sound signal, electronic 
     and radio navigation equipment and signals, cameras, sensors, 
     or other equipment operated or maintained by the United 
     States.
       (2) City.--The term ``City'' includes the successors and 
     assigns of the City of Newburyport, Massachusetts.
       Sec. 1116. Transfer of Coast Guard Station Scituate to the 
     National Oceanic and Atmospheric Administration. (a) 
     Authority to Transfer.--
       (1) In general.--The Administrator of the General Services 
     Administration, in consultation with the Commandant, United 
     States Coast Guard, may transfer without consideration 
     administrative jurisdiction, custody, and control over the 
     Federal property known as Coast Guard Station Scituate to the 
     National Oceanic and Atmospheric Administration (hereinafter 
     referred to as ``NOAA'').
       (2) Identification of property.--The Administrator, in 
     consultation with the Commandant, may identify, describe, and 
     determine the property to be transferred under this section.
       (b) Terms of Transfer.--
       (1) The transfer of the property shall be made subject to 
     any conditions and reservations the Commandant considers 
     necessary to ensure that--
       (A) the transfer of the property to NOAA is contingent upon 
     the relocation of Coast Guard Station Scituate to a suitable 
     site;
       (B) there is reserved to the Coast Guard the right to 
     remove, relocate, or replace any aid to navigation located 
     upon, or install any aid to navigation upon, the property 
     transferred under this section as may be necessary for 
     navigational purposes; and
       (C) the Coast Guard shall have the right to enter the 
     property transferred under this section

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     at any time, without notice, for purposes of operating, 
     maintaining, and inspecting any aid to navigation.
       (2) The transfer of the property shall be made subject to 
     the review and acceptance of the property by NOAA.
       (c) Relocation of Station Scituate.--The Coast Guard may--
       (1) lease land, including unimproved or vacant land, for a 
     term not to exceed 20 years, for the purpose of relocating 
     Coast Guard Station Scituate; and
       (2) improve the land leased under this subsection.
       Sec. 1117. Extension of Interim Authority for Dry Bulk 
     Cargo Residue Disposal. (a) Section 415(b)(2) of the Coast 
     Guard Authorization Act of 1998 is amended by striking 
     ``2002'' and inserting ``2004''.
       (b) The Secretary shall conduct a study of the 
     effectiveness of the United States 1997 Enforcement Policy 
     for Cargo Residues on the Great Lakes (``Policy'') by 
     September 30, 2002.
       (c) The Secretary is authorized to promulgate regulations 
     to implement and enforce a program to regulate incidental 
     discharges from vessels of residues of non-hazardous and non-
     toxic dry bulk cargo into the waters of the Great Lakes, 
     which takes into account the finding in the study required 
     under subsection (b). This program shall be consistent with 
     the Policy.
       Sec. 1118. Great Lakes Pilotage Advisory Committee. Section 
     9307 of title 46, United States Code, is amended--
       (1) by amending subparagraph (A) of subsection (b)(2) to 
     read as follows:
       ``(A) The President of each of the 3 Great Lakes pilotage 
     districts, or the President's representative;'';
       (2) by amending subparagraph (E) of subsection (b)(2) to 
     read as follows:
       ``(E) a member with a background in finance or accounting, 
     who--
       ``(i) must have been recommended to the Secretary by a 
     unanimous vote of the other members of the Committee, and
       ``(ii) may be appointed without regard to requirement in 
     paragraph (1) that each member have 5 years of practical 
     experience in maritime operations.'';
       (3) in subsection (C)(2) by striking the second sentence;
       (4) by adding at the end of subsection (d) the following 
     new paragraph:
       ``(3) Any recommendations to the Secretary under subsection 
     (a)(2) must have been approved by at least all but one of the 
     members then serving on the committee.''; and
       (5) in subsection (f)(1) by striking ``September 30, 2003'' 
     and inserting ``September 30, 2005''.
       Sec. 1119. Vessel Escort Operations and Towing Assistance. 
     (a) In General.--Except in the case of a vessel in distress, 
     only a vessel of the United States (as that term is defined 
     in section 2101 of title 46, United States Code) may perform 
     the following vessel escort operations and vessel towing 
     assistance within the navigable waters of the United States:
       (1) Operations or assistance that commences or terminates 
     at a port or place in the United States.
       (2) Operations or assistance required by United States law 
     or regulation.
       (3) Operations provided in whole or in part for the purpose 
     of escorting or assisting a vessel within or through 
     navigation facilities owned, maintained, or operated by the 
     United States Government or the approaches to such 
     facilities, other than facilities operated by the St. 
     Lawrence Seaway Development Corporation on the St. Lawrence 
     River portion of the Seaway.
       (b) Definitions.--Unless otherwise defined by a provision 
     of law or regulation requiring that towing assistance or 
     escort be rendered to vessels transiting United States waters 
     or navigation facilities, for purposes of this section--
       (1) the term ``towing assistance'' means operations by an 
     assisting vessel in direct contact with an assisted vessel 
     (including hull-to-hull, by towline, including if only pre-
     tethered, or made fast to that vessel by 1 or more lines) for 
     purposes of exerting force on the assisted vessel to control 
     or to assist in controlling the movement of the assisted 
     vessel; and
       (2) the term ``escort operations'' means accompanying a 
     vessel for the purpose of providing towing or towing 
     assistance to the vessel.
       Sec. 1120. Notwithstanding any other provision of law, the 
     Commandant of the United States Coast Guard is hereby 
     authorized to utilize $100,000 of the amounts made available 
     for fiscal year 2001 for environmental compliance and 
     restoration of Coast Guard facilities to reimburse the owner 
     of the former Coast Guard lighthouse facility at Cape May, 
     New Jersey, for costs incurred for clean-up of lead 
     contaminated soil at that facility.
       Sec. 1121. Notwithstanding any other provision of law, 
     $2,400,000, to be derived from the Highway Trust Fund, shall 
     be available for planning, development and construction of 
     rural farm-to-market roads in Tulare County, California: 
     Provided, That the non-federal share of such improvements 
     shall be twenty percent.
       Sec. 1122. Notwithstanding any other provision of law, and 
     subject to the availability of funds appropriated 
     specifically for the project, the Coast Guard is authorized 
     to transfer funds in an amount not to exceed $200,000 and 
     project management authority to the Traverse City Area Public 
     School District for the purposes of demolition and removal of 
     the structure commonly known as ``Building 402'' at former 
     Coast Guard property located in Traverse City, Michigan, and 
     associated site work. No such funds shall be transferred 
     until the Coast Guard receives a detailed, fixed price 
     estimate from the School District describing the nature and 
     cost of the work to be performed, and the Coast Guard shall 
     transfer only that amount of funds it and the School District 
     consider necessary to complete the project.
       Sec. 1123. Notwithstanding any other provision of law, for 
     necessary expenses for Alabama A&M University buses and bus 
     facilities, $500,000, to be derived from the Mass Transit 
     Account of the Highway Trust Fund and to remain available 
     until expended.
       Sec. 1124. Notwithstanding any other provision of law, 
     prior to the fiscal year 2002 apportionment of ``Fixed 
     Guideway Modernization'' funds authorized under section 
     5309(a)(1)(E) of Title 49, United States Code, $7,047,502 of 
     funds made available in fiscal year 2002 by section 5338(b) 
     of 49 United States Code for the ``Fixed Guideway 
     Modernization'' program shall be distributed by the Federal 
     Transit Administration to an urbanized area over 200,000 that 
     did not receive amounts of fixed guideway modernization 
     formula grants to which such area was lawfully entitled for 
     fiscal years 1999-2001 in view of eligibility determinations 
     made under 49 United States Code Chapter 53 during the six 
     months prior to the effective date of this act: Provided, 
     That such sums shall not reduce a grantee's fiscal year 2002 
     apportionment level of ``Fixed Guideway Modernization'' 
     funds: Provided further, That such sum remain available until 
     expended.
       Sec. 1125. Notwithstanding any other provision of law, 
     Airport Improvement Program Formula Changes provided in 
     Public Law 106-181 and defined in Section 104 of that Act 
     shall be applied regardless of funding levels made available 
     under Section 48103 of title 49, United States Code.
       Sec. 1126. Item number 473 contained in section 1602 of the 
     Transportation Equity Act for the 21st Century (112 Stat. 
     274), relating to Minnesota, is amended by striking ``between 
     I-35W and 24th Avenue to four lanes in Richfield'' and 
     inserting ``reconstruction project from Penn Avenue to 24th 
     Avenue, including the Penn Avenue Bridge over I-494''.
       Sec. 1127. The Secretary of Transportation shall not issue 
     final regulations under section 20153 of title 49, United 
     States Code, before July 1, 2001.
       Sec. 1128. Notwithstanding any other provision of law, in 
     addition to amounts made available in this Act or any other 
     Act, the following sums shall be made available from the 
     Highway Trust Fund (other than the Mass Transit Account):
       $1,700,000 for transportation and community preservation 
     projects along the Main Street Corridor in Houston, Texas;
       $5,000,000 for rehabilitation, repair, and restoration of 
     the historic Stillwater Lift Bridge between Stillwater, 
     Minnesota and Houlton, Wisconsin;
       $1,000,000 for improvements to McClung Road, Boston Street, 
     Larson Street and Whirlpool Drive in the City of LaPorte, 
     Indiana; and
       $1,000,000 for design, environmental mitigation, 
     engineering, and construction of, and improvements to, the US 
     36/Wadsworth interchange (Broomfield interchange) in 
     Broomfield County, Colorado:
     Provided, That the amounts appropriated in this section shall 
     remain available until expended and shall not be subject to, 
     or computed against, any obligation limitation or contract 
     authority set forth in this or any other

                               CHAPTER 12

                    GENERAL SERVICES ADMINISTRATION

                        Real Property Activities


                         Federal Buildings Fund

       For an additional amount to be deposited in, and to be used 
     for the purposes of, the Federal Buildings Fund of the 
     General Services Administration, $2,070,000: Provided, That 
     this amount shall be available for the purpose of renovating 
     and redeveloping portions of the historic Federal building 
     located at 30 North Seventh Street in Terre Haute, Indiana, 
     to accommodate the needs of Federal tenants: Provided 
     further, That use of these funds is subject to authorization 
     including the preparation and approval of a prospectus as 
     required by the Public Buildings Act of 1959, as amended.

                       DEPARTMENT OF THE TREASURY

                     United States Customs Service


 Operations, Maintenance and Procurement, Air and Marine Interdiction 
                                Programs

       For an additional amount of $7,000,000, to remain available 
     until expended, for necessary expenses associated with 
     procurement of two aircraft and related equipment expenses 
     associated with aviation standardization and training at the 
     Customs National Aviation Center in Oklahoma City, Oklahoma: 
     Provided, That none of the funds provided shall be available 
     for obligation until an expenditure plan is submitted for 
     approval to the Committees on Appropriations.

                               CHAPTER 13

                     DEPARTMENT OF VETERANS AFFAIRS

                      Departmental Administration


                      Construction, Minor Projects

       For an additional amount for ``Construction, minor 
     projects'', $8,840,000, to remain available until expended.

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                   Community Planning and Development


                EMPOWERMENT ZONES/ENTERPRISE COMMUNITIES

       For an additional amount for ``Empowerment zones and 
     enterprise communities'', $110,000,000, to remain available 
     until expended: Provided, That $185,000,000 shall be 
     available for urban empowerment zones, as authorized by the 
     Taxpayer Relief Act of 1997, including $12,333,333 for each 
     empowerment zone.


                       COMMUNITY DEVELOPMENT FUND

       For an additional amount for ``Community development 
     fund'', $66,128,000 to remain available until September 30, 
     2003.
       The referenced statement of the managers in the seventh 
     undesignated paragraph under this

[[Page H12270]]

     heading in title II of the Departments of Veterans Affairs 
     and Housing and Urban Development, and Independent Agencies 
     Appropriations Act, 2001 (Public Law 106-377) is deemed to be 
     amended by striking ``West Dallas neighborhoods'' in 
     reference to improvement efforts by the Pleasant Wood/
     Pleasant Grove Community Development Corporation, and 
     inserting ``the Pleasant Grove area'' in lieu thereof.
       The unobligated amount appropriated in the third paragraph 
     under the heading ``Community development block grants'' in 
     Chapter 8 of title II of the Emergency Supplemental Act, 2000 
     (Public Law 106-246) for a grant to the City of Hamlet, North 
     Carolina for demolition and removal of buildings and 
     equipment destroyed by fire shall remain available until 
     September 30, 2002 for a grant for such purpose to the County 
     of Richmond, North Carolina.
       The seventh paragraph under this heading in title II of 
     Public Law 106-377 is amended by striking ``$292,000,000'' 
     and inserting in lieu thereof $358,128,000'': Provided, That 
     such funds shall be available for grants for the Economic 
     Development Initiative (EDI) to finance a variety of targeted 
     economic investments in accordance with the terms and 
     conditions specified in the statement of managers 
     accompanying this conference report.

                       DEPARTMENT OF THE TREASURY

              Community Development Financial Institutions


              Community Development Financial Institutions

                          Fund Program Account

       Under this heading in Public Law 106-377, strike 
     ``$8,750,000 may be used for administrative expenses,'', and 
     insert ``$9,750,000 may be used for administrative expenses, 
     including administration of the New Markets Tax Credit and 
     Individual Development Accounts,''.

                    Environmental Protection Agency


                         science and technology

       For an additional amount for ``Science and technology'', 
     $1,000,000 for continuation of the South Bronx Air Pollution 
     Study being conducted by New York University.


                 environmental programs and management

       The statement of the managers under this heading in title 
     III of the Departments of Veterans Affairs and Housing and 
     Urban Development, and Independent Agencies Appropriations 
     Act, 2001 (Public Law 106-377) is deemed to be amended by 
     inserting the word ``Valley'' after the words ``San 
     Bernardino'' in reference to a project identified as number 
     104 in such statement of the managers.


                   state and tribal assistance grants

       Grants appropriated under this heading in Public Law 106-74 
     and Public Law 106-377 for drinking water infrastructure 
     needs in the New York City watershed shall be awarded under 
     section 1443(d) of the Safe Drinking Water Act, as amended.
       The referenced statement of the managers under this heading 
     in Public Law 106-377 is deemed to be amended by striking all 
     after the words ``City of Liberty'' in reference to item 
     number 78, and inserting the words ``Town of Versailles, 
     Indiana for wastewater infrastructure improvements''.
       Under this heading in title III of Public Law 106-377, 
     strike ``$335,740,000'' and insert ``$356,370,000'': 
     Provided, That such funds shall be for making grants for the 
     construction of wastewater and water treatment facilities and 
     groundwater protection infrastructure in accordance with the 
     terms and conditions specified for such grants in the 
     statement of managers accompanying Public Law 106-377 and 
     this conference report.

                  Federal Emergency Management Agency


              emergency management planning and assistance

       For an additional amount for ``Emergency management 
     planning and assistance'', $100,000,000, to remain available 
     through September 30, 2001, for programs as authorized by 
     section 33 of the Federal Fire Prevention and Control Act of 
     1974 (15 U.S.C. 2201 et seq.), as amended.

                               CHAPTER 14

                   General Provisions--This Division

       Sec. 1401. H. Con. Res. 234 of the 106th Congress, as 
     adopted by the House of Representatives on November 18, 1999, 
     shall be considered to have been adopted by the Senate.
       Sec. 1402. Section 3003(a)(1) of the Federal Reports 
     Elimination and Sunset Act of 1995 (31 U.S.C. 1113 note) does 
     not apply to any report required to be submitted under any of 
     the following provisions of law:
       (1) Sections 1105(a), 1106(a) and (b), and 1109(a) of title 
     31, United States Code, and any other law relating to the 
     budget of the United States Government.
       (2) The Balanced Budget and Emergency Deficit Control Act 
     of 1985 (2 U.S.C. 900 et seq.).
       (3) Sections 202(e)(1) and (3) of the Congressional Budget 
     Act of 1974 (2 U.S.C. 602(e)(1) and (3)).
       (4) Section 1014(e) of the Congressional Budget and 
     Impoundment Control Act of 1974 (2 U.S.C. 685(e)).
       Sec. 1403. (a) Government-Wide Rescissions.--There is 
     hereby rescinded an amount equal to 0.22 percent of the 
     discretionary budget authority provided (or obligation limit 
     imposed) for fiscal year 2001 in this or any other Act for 
     each department, agency, instrumentality, or entity of the 
     Federal Government, except for those programs, projects, and 
     activities which are specifically exempted elsewhere in this 
     provision: Provided, That this exact reduction percentage 
     shall be applied on a pro rata basis only to each program, 
     project, and activity subject to the rescission.
       (b) Restrictions.--This reduction shall not be applied to 
     the amounts appropriated in Title I of Public Law 106-259: 
     Provided, That this reduction shall not be applied to the 
     amounts appropriated in Division B of Public Law 106-246: 
     Provided further, That this reduction shall not be applied to 
     the amounts appropriated under the Departments of Labor, 
     Health and Human Services, and Education, and Related 
     Agencies Appropriations Act, 2001, as contained in this Act, 
     or in prior Acts.
       (c) Report.--The Director of the Office of Management and 
     Budget shall include in the President's budget submitted for 
     fiscal year 2002 a report specifying the reductions made to 
     each account pursuant to this section.

                               DIVISION B

                                TITLE I

       Sec. 101. Eligibility of Private Organizations Under Child 
     and Adult Care Food Program. (a) Section 17(a)(2)(B) of the 
     Richard B. Russell National School Lunch Act (42 U.S.C. 
     1766(a)(2)(B)) is amended by striking ``children for which 
     the'' and inserting ``children, if--
       ``(i) during the period beginning on the date of enactment 
     of this clause and ending on September 30, 2001, at least 25 
     percent of the children served by the organization meet the 
     income eligibility criteria established under section 9(b) 
     for free or reduced price meals; or
       ``(ii) the''.
       (b) Emergency Requirement.--
       (1) In general.--The entire amount necessary to carry out 
     this section shall be available only to the extent that an 
     official budget request for the entire amount, that includes 
     designation of the entire amount of the request as an 
     emergency requirement as defined in the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended, is 
     transmitted by the President to the Congress.
       (2) Designation.--The entire amount necessary to carry out 
     this section is designated by the Congress as an emergency 
     requirement pursuant to section 251(b)(2)(A) of such Act.
       Sec. 102. Summer Food Pilot Projects. (a) Section 18 of the 
     Richard B. Russell National School Lunch Act (42 U.S.C. 1769) 
     is amended by adding at the end the following:
       ``(f) Summer Food Pilot Projects.--
       ``(1) Definition of eligible state.--In this subsection, 
     the term `eligible State' means a State in which (based on 
     data available in July 2000)--
       ``(A) the percentage obtained by dividing--
       ``(i) the sum of--

       ``(I) the average daily number of children attending the 
     summer food service program in the State in July 1999; and
       ``(II) the average daily number of children receiving free 
     or reduced price meals under the school lunch program in the 
     State in July 1999; by

       ``(ii) the average daily number of children receiving free 
     or reduced price meals under the school lunch program in the 
     State in March 1999; is less than 50 percent of
       ``(B) the percentage obtained by dividing--
       ``(i) the sum of--

       ``(I) the average daily number of children attending the 
     summer food service program in all States in July 1999; and
       ``(II) the average daily number of children receiving free 
     or reduced price meals under the school lunch program in all 
     States in July 1999; by

       ``(ii) the average daily number of children receiving free 
     or reduced price meals under the school lunch program in all 
     States in March 1999.
       ``(2) Pilot projects.--During the period of fiscal years 
     2001 through 2003, the Secretary shall carry out a summer 
     food pilot project in each eligible State to increase the 
     number of children participating in the summer food service 
     program in the State.
       ``(3) Support levels for service institutions.--
       ``(A) Food service.--Under the pilot project, a service 
     institution (other than a service institution described in 
     section 13(a)(7)) in an eligible State shall receive the 
     maximum amounts for food service under section 13(b)(1) 
     without regard to the requirement under section 13(b)(1)(A) 
     that payments shall equal the full cost of food service 
     operations.
       ``(B) Administrative costs.--Under the pilot project, a 
     service institution (other than a service institution 
     described in section 13(a)(7)) in an eligible State shall 
     receive the maximum amounts for administrative costs 
     determined by the Secretary under section 13(b)(4) without 
     regard to the requirement under section 13(b)(3) that 
     payments to service institutions shall equal the full amount 
     of State-approved administrative costs incurred.
       ``(C) Compliance.--A service institution that receives 
     assistance under this subsection shall comply with all 
     provisions of section 13 other than subsections (b)(1)(A) and 
     (b)(3) of section 13.
       ``(4) Maintenance of effort.--Expenditures of funds from 
     State and local sources for maintenance of a summer food 
     service program shall not be diminished as a result of 
     assistance from the Secretary received under this subsection.
       ``(5) Evaluation of pilot projects.--
       ``(A) In general.--The Secretary, acting through the 
     Administrator of the Food and Nutrition Service, shall 
     conduct an evaluation of the pilot project.
       ``(B) Content.--An evaluation under this paragraph shall 
     describe--
       ``(i) any effect on participation by children and service 
     institutions in the summer food service program in the 
     eligible State in which the pilot project is carried out;
       ``(ii) any effect of the pilot project on the quality of 
     the meals and supplements served in the eligible State in 
     which the pilot project is carried out; and
       ``(iii) any effect of the pilot project on program 
     integrity.

[[Page H12271]]

       ``(6) Reports.--
       ``(A) Interim report.--Not later than December 1, 2002, the 
     Secretary shall submit to the Committee on Education and the 
     Workforce of the House of Representatives and the Committee 
     on Agriculture, Nutrition, and Forestry of the Senate an 
     interim report that describes the status of, and any progress 
     made by, each pilot project being carried out under this 
     subsection as of the date of submission of the report.
       ``(B) Final report.--Not later than April 30, 2004, the 
     Secretary shall submit to the Committee on Education and the 
     Workforce of the House of Representatives and the Committee 
     on Agriculture, Nutrition, and Forestry of the Senate a final 
     report that includes--
       ``(i) the evaluations completed by the Secretary under 
     paragraph (5); and
       ``(ii) any recommendations of the Secretary concerning the 
     pilot projects.''.
       (b) Emergency Requirement.--
       (1) In general.--The entire amount necessary to carry out 
     this section shall be available only to the extent that an 
     official budget request for the entire amount, that includes 
     designation of the entire amount of the request as an 
     emergency requirement as defined in the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended, is 
     transmitted by the President to the Congress.
       (2) Designation.--The entire amount necessary to carry out 
     this section is designated by the Congress as an emergency 
     requirement pursuant to section 251(b)(2)(A) of such Act.
       Sec. 103. (a) In General.--The Secretary of the Interior 
     shall conduct a feasibility study for a Sacramento River, 
     California, diversion project that is consistent with the 
     Water Forum Agreement among the members of the Sacramento, 
     California, Water Forum dated April 24, 2000, and that 
     considers--
       (1) consolidation of several of the Natomas Central Mutual 
     Water Company's diversions;
       (2) upgrading fish screens at the consolidated diversion;
       (3) the diversion of 35,000 acre feet of water by the 
     Placer County Water Agency;
       (4) the diversion of 29,000 acre feet of water for delivery 
     to the Northridge Water District;
       (5) the potential to accommodate other diversions of water 
     from the Sacramento River, subject to additional negotiations 
     and agreement among Water Forum signatories and potentially 
     affected parties upstream on the Sacramento River; and
       (6) an inter-tie between the diversions referred to in 
     paragraphs (3), (4), and (5) with the Northridge Water 
     District's pipeline that delivers water from the American 
     River.
       (b) Required Components.--The feasibility study shall 
     include--
       (1) the development of a range of reasonable options;
       (2) an environmental evaluation; and
       (3) consultation with Federal and State resource management 
     agencies regarding potential impacts and mitigation measures.
       (c) Water Supply Impact Alternatives.--The study authorized 
     by this section shall include a range of alternatives, all of 
     which would investigate options that could reduce to 
     insignificance any water supply impact on water users in the 
     Sacramento River watershed, including Central Valley Project 
     contractors, from any delivery of water out of the Sacramento 
     River as referenced in subsection (a). In evaluating the 
     alternatives, the study shall consider water supply 
     alternatives that would increase water supply for, or in, the 
     Sacramento River watershed. The study should be coordinated 
     with the CALFED program and take advantage of information 
     already developed within that program to investigate water 
     supply increase alternatives. Where the alternatives 
     evaluated are in addition to or different from the existing 
     CALFED alternatives, such information should be clearly 
     identified.
       (d) Habitat Management Planning Grants.--The Secretary of 
     the Interior, subject to the availability of appropriations, 
     is authorized and directed to provide grants to support local 
     habitat management planning efforts undertaken as part of the 
     consultation described in subsection (b)(3) in the form of 
     matching funds up to $5,000,000.
       (e) Report.--The Secretary of the Interior shall provide a 
     report to the Committee on Resources of the United States 
     House of Representatives and to the Committee on Energy and 
     Natural Resources of the United States Senate within twenty-
     four months from the date of enactment of this Act on the 
     results of the study identified in subsection (a).
       (f) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary of the Interior to carry 
     out this section $10,000,000, which may remain available 
     until expended, of which--
       (1) $5,000,000 shall be for the feasibility study under 
     subsection (a); and
       (2) $5,000,000 shall be for the habitat management planning 
     grants under subsection (d).
       (g) Limitation on Construction.--This section does not and 
     shall not be interpreted to authorize construction of any 
     facilities.
       Sec. 104. Ten- and Fifteen-Mile Bayous, Arkansas. The 
     project for flood control, Saint Francis River Basin, 
     Missouri and Arkansas, authorized by section 204 of the Flood 
     Control Act of 1950 (64 Stat. 172), is modified to expand the 
     boundaries of the project to include Ten- and Fifteen-Mile 
     Bayous near West Memphis, Arkansas. Notwithstanding section 
     103(f) of the Water Resources Development Act of 1986 (100 
     Stat. 4086), the flood control work at Ten- and Fifteen-Mile 
     Bayous shall not be considered separable elements of the 
     project.
       Sec. 105. In accordance with section 102(l) of the Water 
     Resources Development Act of 1990 (104 Stat. 4613), the 
     Secretary of the Army, acting through the Chief of Engineers, 
     is authorized and directed to enter into an agreement to 
     permit the City of Alton, Illinois to construct the 
     authorized recreational facilities and to reimburse the City 
     of Alton, Illinois for the Federal share of these cost-shared 
     recreation facilities as usable segments are completed.
       Sec. 106. Truckee Watershed Reclamation Project. (a) 
     Authorization.--The Secretary of the Interior, in cooperation 
     with Washoe County, Nevada, may participate in the design, 
     planning, and construction of the Truckee watershed 
     reclamation project, consisting of the North Valley reuse 
     project and the Spanish Springs Valley septic conversion 
     project, to reclaim and reuse wastewater (including degraded 
     groundwater) within and without the service area of Washoe 
     County, Nevada.
       (b) Cost Share.--The Federal share of the cost of the 
     project described in subsection (a) shall not exceed 25 
     percent of the total cost of the project.
       (c) Limitation.--Funds provided by the Secretary shall not 
     be used for the operation or maintenance of the project 
     described in subsection (a).
       (d) Reclamation Wastewater and Groundwater Study and 
     Facilities Act.--
       (1) Design, planning, and construction.--Design, planning, 
     and construction of the project described in subsection (a) 
     shall be in accordance with, and subject to the limitations 
     contained in, the Reclamation Wastewater and Groundwater 
     Study and Facilities Act (43 U.S.C. 390h et seq.).
       (2) Funding.--Funds made available under section 1631 of 
     the Reclamation Wastewater and Groundwater Study and 
     Facilities Act (43 U.S.C. 390h-13) may be used to pay the 
     Federal share of the cost of the project.
       Sec. 107. The project for navigation, Tampa Harbor, 
     Florida, authorized by section 4 of the Rivers and Harbors 
     Act of September 22, 1922 (42 Stat. 1042), is modified to 
     authorize the Secretary of the Army to deepen and widen the 
     Alafia Channel in accordance with the plans described in the 
     Draft Feasibility Report, Alafia River, Tampa Harbor, 
     Florida, dated May 2000, at a total cost of $61,592,000, with 
     an estimated Federal cost of $39,621,000 and an estimated 
     non-Federal cost of $21,971,000.
       Sec. 108. Environmental Infrastructure. (a) Technical, 
     Planning, and Design Assistance.--Section 219(c) of the Water 
     Resources Development Act of 1992 (106 Stat. 4835) is amended 
     by adding at the end the following:
       ``(19)  Marana, arizona.--Wastewater treatment and 
     distribution infrastructure, Marana, Arizona.
       ``(20) Eastern arkansas enterprise community, arkansas.--
     Water-related infrastructure, Eastern Arkansas Enterprise 
     Community, Cross, Lee, Monroe, and St. Francis Counties, 
     Arkansas.
       ``(21) Chino hills, california.--Storm water and sewage 
     collection infrastructure, Chino Hills, California.
       ``(22) Clear lake basin, california.--Water-related 
     infrastructure and resource protection, Clear Lake Basin, 
     California.
       ``(23) Desert hot springs, california.--Resource protection 
     and wastewater infrastructure, Desert Hot Springs, 
     California.
       ``(24) Eastern municipal water district, california.--
     Regional water-related infrastructure, Eastern Municipal 
     Water District, California.
       ``(25) Huntington beach, california.--Water supply and 
     wastewater infrastructure, Huntington Beach, California.
       ``(26) Inglewood, california.--Water infrastructure, 
     Inglewood, California.
       ``(27) Los osos community service district, california.--
     Wastewater infrastructure, Los Osos Community Service 
     District, California.
       ``(28) Norwalk, california.--Water-related infrastructure, 
     Norwalk, California.
       ``(29) Key biscayne, florida.--Sanitary sewer 
     infrastructure, Key Biscayne, Florida.
       ``(30) South tampa, florida.--Water supply and aquifer 
     storage and recovery infrastructure, South Tampa, Florida.
       ``(31) Fort wayne, indiana.--Combined sewer overflow 
     infrastructure and wetlands protection, Fort Wayne, Indiana.
       ``(32) Indianapolis, indiana.--Combined sewer overflow 
     infrastructure, Indianapolis, Indiana.
       ``(33) St. charles, st. bernard, and plaquemines parishes, 
     louisiana.--Water and wastewater infrastructure, St. Charles, 
     St. Bernard, and Plaquemines Parishes, Louisiana.
       ``(34) St. john the baptist and st. james parishes, 
     louisiana.--Water and sewer improvements, St. John the 
     Baptist and St. James Parishes, Louisiana.
       ``(35) Union county, north carolina.--Water infrastructure, 
     Union County, North Carolina.
       ``(36) Hood river, oregon.--Water transmission 
     infrastructure, Hood River, Oregon.
       ``(37) Medford, oregon.--Sewer collection infrastructure, 
     Medford, Oregon.
       ``(38) Portland, oregon.--Water infrastructure and resource 
     protection, Portland, Oregon.
       ``(39) Coudersport, pennsylvania.--Sewer system extensions 
     and improvements, Coudersport, Pennsylvania.
       ``(40) Park city, utah.--Water supply infrastructure, Park 
     City, Utah.
       (b) Authorization of Appropriations for Technical, 
     Planning, and Design Assistance.--Section 219(d) of the Water 
     Resources Development Act of 1992 (106 Stat. 4836) is amended 
     by striking ``$5,000,000'' and inserting ``$30,000,000''.
       (c) Modification of Authorizations for Environmental 
     Projects.--Section 219 of the Water Resources Development Act 
     of 1992 (106 Stat. 4835; 106 Stat. 3757; 113 Stat. 334) is 
     amended--
       (1) in subsection (e)(6) by striking ``$20,000,000'' and 
     inserting ``$30,000,000'';
       (2) in subsection (f)(4) by striking ``$15,000,000'' and 
     inserting ``$35,000,000'';

[[Page H12272]]

       (3) in subsection (f)(21) by striking ``$10,000,000'' and 
     inserting ``$20,000,000'';
       (4) in subsection (f)(25) by striking ``$5,000,000'' and 
     inserting ``$15,000,000'';
       (5) in subsection (f)(30) by striking ``$10,000,000'' and 
     inserting ``$20,000,000'';
       (6) in subsection (f)(43) by striking ``$15,000,000'' and 
     inserting ``$35,000,000''.
       (d) Additional Assistance for Critical Resource Projects.--
     Section 219(f) of the Water Resources Development Act of 1992 
     (106 Stat. 4835; 113 Stat. 335) is amended by adding at the 
     end the following:
       ``(45) Washington, d.c., and maryland.--$15,000,000 for the 
     project described in subsection (c)(1), modified to include 
     measures to eliminate or control combined sewer overflows in 
     the Anacostia River watershed.
       ``(46) Duck river, cullman, alabama.--$5,000,000 for water 
     supply infrastructure, Duck River, Cullman, Alabama.
       ``(47) Union county, arkansas.--$52,000,000 for water 
     supply infrastructure, including facilities for withdrawal, 
     treatment, and distribution, Union County, Arkansas.
       ``(48) Cambria, california.--$10,300,000 for desalination 
     infrastructure, Cambria, California.
       ``(49) Los angeles harbor/terminal island, california.--
     $6,500,000 for wastewater recycling infrastructure, Los 
     Angeles Harbor/Terminal Island, California.
       ``(50) North valley region, lancaster, california.--
     $14,500,000 for water infrastructure, North Valley Region, 
     Lancaster, California.
       ``(51) San diego county, california.--$10,000,000 for 
     water-related infrastructure, San Diego County, California.
       ``(52) South perris, california.--$25,000,000 for water 
     supply desalination infrastructure, South Perris, California.
       ``(53) Aurora, illinois.--$8,000,000 for wastewater 
     infrastructure to reduce or eliminate combined sewer 
     overflows, Aurora, Illinois.
       ``(54) Cook county, illinois.--$35,000,000 for water-
     related infrastructure and resource protection and 
     development, Cook County, Illinois.
       ``(55) Madison and st. clair counties, illinois.--
     $10,000,000 for water and wastewater assistance, Madison and 
     St. Clair Counties, Illinois.
       ``(56) Iberia parish, louisiana.--$5,000,000 for water and 
     wastewater infrastructure, Iberia Parish, Louisiana.
       ``(57) Kenner, louisiana.--$5,000,000 for wastewater 
     infrastructure, Kenner, Louisiana.
       ``(58) Benton harbor, michigan.--$1,500,000 for water 
     related infrastructure, City of Benton Harbor, Michigan.''
       ``(59) Genesee county, michigan.--$6,700,000 for wastewater 
     infrastructure assistance to reduce or eliminate sewer 
     overflows, Genessee County, Michigan.
       ``(60) Negaunee, michigan.--$10,000,000 for wastewater 
     infrastructure assistance, City of Negaunee, Michigan.''.
       ``(61) Garrison and kathio township, minnesota.--
     $11,000,000 for a wastewater infrastructure project for the 
     city of Garrison and Kathio Township, Minnesota.
       ``(62) Newton, new jersey.--$7,000,000 for water filtration 
     infrastructure, Newton, New Jersey.
       ``(63) Liverpool, new york.--$2,000,000 for water 
     infrastructure, including a pump station, Liverpool, New 
     York.
       ``(64) Stanly county, north carolina.--$8,900,000 for 
     wastewater infrastructure, Stanly County, North Carolina.
       ``(65) Yukon, oklahoma.--$5,500,000 for water-related 
     infrastructure, including wells, booster stations, storage 
     tanks, and transmission lines, Yukon, Oklahoma.
       ``(66) Allegheny county, pennsylvania.--$20,000,000 for 
     water-related environmental infrastructure, Allegheny County, 
     Pennsylvania.
       ``(67) Mount joy township and conewago township, 
     pennsylvania.--$8,300,000 for water and wastewater 
     infrastructure, Mount Joy Township and Conewago Township, 
     Pennsylvania.
       ``(68) Phoenixville borough, chester county, 
     pennsylvania.--$2,400,000 for water and sewer infrastructure, 
     Phoenixville Borough, Chester County, Pennsylvania.
       ``(69) Titusville, pennsylvania.--$7,300,000 for storm 
     water separation and treatment plant upgrades, Titusville, 
     Pennsylvania.
       ``(70) Washington, greene, westmoreland, and fayette 
     counties, pennsylvania.--$8,000,000 for water and wastewater 
     infrastructure, Washington, Greene, Westmoreland, and Fayette 
     Counties, Pennsylvania.''.
       Sec. 109. Florida Keys Water Quality Improvements. (a) In 
     General.--In coordination with the Florida Keys Aqueduct 
     Authority, appropriate agencies of municipalities of Monroe 
     County, Florida, and other appropriate public agencies of the 
     State of Florida or Monroe County, the Secretary of the Army 
     may provide technical and financial assistance to carry out 
     projects for the planning, design, and construction of 
     treatment works to improve water quality in the Florida Keys 
     National Marine Sanctuary.
       (b) Criteria for Projects.--Before entering into a 
     cooperation agreement to provide assistance with respect to a 
     project under this section, the Secretary shall ensure that--
       (1) the non-Federal sponsor has completed adequate planning 
     and design activities, as applicable;
       (2) the non-Federal sponsor has completed a financial plan 
     identifying sources of non-Federal funding for the project;
       (3) the project complies with--
       (A) applicable growth management ordinances of Monroe 
     County, Florida;
       (B) applicable agreements between Monroe County, Florida, 
     and the State of Florida to manage growth in Monroe County, 
     Florida; and
       (C) applicable water quality standards; and
       (4) the project is consistent with the master wastewater 
     and stormwater plans for Monroe County, Florida.
       (c) Consideration.--In selecting projects under subsection 
     (a), the Secretary shall consider whether a project will have 
     substantial water quality benefits relative to other projects 
     under consideration.
       (d) Consultation.--In carrying out this section, the 
     Secretary shall consult with--
       (1) the Water Quality Steering Committee established under 
     section 8(d)(2)(A) of the Florida Keys National Marine 
     Sanctuary and Protection Act (106 Stat. 5054);
       (2) the South Florida Ecosystem Restoration Task Force 
     established by section 528(f) of the Water Resources 
     Development Act of 1996 (110 Stat. 3771-3773);
       (3) the Commission on the Everglades established by 
     executive order of the Governor of the State of Florida; and
       (4) other appropriate State and local government officials.
       (e) Non-Federal Share.--
       (1) In general.--The non-Federal share of the cost of a 
     project carried out under this section shall be 35 percent.
       (2) Credit.--
       (A) In general.--The Secretary may provide the non-Federal 
     interest credit toward cash contributions required--
       (i) before and during the construction of the project, for 
     the costs of planning, engineering, and design, and for the 
     construction management work that is performed by the non-
     Federal interest and that the Secretary determines is 
     necessary to implement the project; and
       (ii) during the construction of the project, for the 
     construction that the non-Federal interest carries out on 
     behalf of the Secretary and that the Secretary determines is 
     necessary to carry out the project.
       (B) Treatment of credit between projects.--Any credit 
     provided under this paragraph may be carried over between 
     authorized projects.
       (f) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $100,000,000. 
     Such sums shall remain available until expended.
       Sec. 110. San Gabriel Basin, California. (a) San Gabriel 
     Basin Restoration.--
       (1) Establishment of fund.--There shall be established 
     within the Treasury of the United States an interest bearing 
     account to be known as the San Gabriel Basin Restoration Fund 
     (in this section referred to as the ``Restoration Fund'').
       (2) Administration of fund.--The Restoration Fund shall be 
     administered by the Secretary of the Army, in cooperation 
     with the San Gabriel Basin Water Quality Authority or its 
     successor agency.
       (3) Purposes of fund.--
       (A) In general.--Subject to subparagraph (B), the amounts 
     in the Restoration Fund, including interest accrued, shall be 
     utilized by the Secretary--
       (i) to design and construct water quality projects to be 
     administered by the San Gabriel Basin Water Quality Authority 
     and the Central Basin Water Quality Project to be 
     administered by the Central Basin Municipal Water District; 
     and
       (ii) to operate and maintain any project constructed under 
     this section for such period as the Secretary determines, but 
     not to exceed 10 years, following the initial date of 
     operation of the project.
       (B) Cost-sharing limitation.--
       (i) In general.--The Secretary may not obligate any funds 
     appropriated to the Restoration Fund in a fiscal year until 
     the Secretary has deposited in the Fund an amount provided by 
     non-Federal interests sufficient to ensure that at least 35 
     percent of any funds obligated by the Secretary are from 
     funds provided to the Secretary by the non-Federal interests.
       (ii) Non-federal responsibility.--The San Gabriel Basin 
     Water Quality Authority shall be responsible for providing 
     the non-Federal amount required by clause (i). The State 
     of California, local government agencies, and private 
     entities may provide all or any portion of such amount.
       (b) Compliance With Applicable Law.--In carrying out the 
     activities described in this section, the Secretary shall 
     comply with any applicable Federal and State laws.
       (c) Relationship to Other Activities.--Nothing in this 
     section shall be construed to affect other Federal or State 
     authorities that are being used or may be used to facilitate 
     the cleanup and protection of the San Gabriel and Central 
     groundwater basins. In carrying out the activities described 
     in this section, the Secretary shall integrate such 
     activities with ongoing Federal and State projects and 
     activities. None of the funds made available for such 
     activities pursuant to this section shall be counted against 
     any Federal authorization ceiling established for any 
     previously authorized Federal projects or activities.
       (d) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated to 
     the Restoration Fund established under subsection (a) 
     $85,000,000. Such funds shall remain available until 
     expended.
       (2) Set-aside.--Of the amounts appropriated under paragraph 
     (1), no more than $10,000,000 shall be available to carry out 
     the Central Basin Water Quality Project.
       (e) Adjustment.--Of the $25,000,000 made available for San 
     Gabriel Basin Groundwater Restoration, California, under the 
     heading ``Construction, General'' in title I of the Energy 
     and Water Development Appropriations Act, 2001--
       (1) $2,000,000 shall be available only for studies and 
     other investigative activities and planning and design of 
     projects determined by the Secretary to offer a long-term 
     solution to the problem of groundwater contamination caused 
     by perchlorates at sites located in the city of Santa 
     Clarita, California; and

[[Page H12273]]

       (2) $23,000,000 shall be deposited in the Restoration Fund, 
     of which $4,000,000 shall be used for remediation in the 
     Central Basin, California.
       Sec. 111. Perchlorate. (a) In General.--The Secretary of 
     the Army, in cooperation with Federal, State, and local 
     government agencies, may participate in studies and other 
     investigative activities and in the planning and design of 
     projects determined by the Secretary to offer a long-term 
     solution to the problem of groundwater contamination caused 
     by perchlorates.
       (b) Investigations and Projects.--
       (1) Bosque and leon rivers.--The Secretary, in coordination 
     with other Federal agencies and the Brazos River Authority, 
     shall participate under subsection (a) in investigations and 
     projects in the Bosque and Leon River watersheds in Texas to 
     assess the impact of the perchlorate associated with the 
     former Naval ``Weapons Industrial Reserve Plant'' at 
     McGregor, Texas.
       (2) Caddo lake.--The Secretary, in coordination with other 
     Federal agencies and the Northeast Texas Municipal Water 
     District, shall participate under subsection (a) in 
     investigations and projects relating to perchlorate 
     contamination in Caddo Lake, Texas.
       (3) Eastern santa clara basin.--The Secretary, in 
     coordination with other Federal, State, and local government 
     agencies, shall participate under subsection (a) in 
     investigations and projects related to sites that are sources 
     of perchlorates and that are located in the city of Santa 
     Clarita, California.
       (c) Authorization of Appropriations.--For the purposes of 
     carrying out this section, there is authorized to be 
     appropriated to the Secretary $25,000,000, of which not to 
     exceed $8,000,000 shall be available to carry out subsection 
     (b)(1), not to exceed $3,000,000 shall be available to carry 
     out subsection (b)(2), and not to exceed $7,000,000 shall be 
     available to carry out subsection (b)(3).
       Sec. 112. Wet Weather Water Quality. (a) Combined Sewer 
     Overflows.--Section 402 of the Federal Water Pollution 
     Control Act (33 U.S.C. 1342) is amended by adding at the end 
     the following:
       ``(q) Combined Sewer Overflows.--
       ``(1) Requirement for permits, orders, and decrees.--Each 
     permit, order, or decree issued pursuant to this Act after 
     the date of enactment of this subsection for a discharge from 
     a municipal combined storm and sanitary sewer shall conform 
     to the Combined Sewer Overflow Control Policy signed by the 
     Administrator on April 11, 1994 (in this subsection referred 
     to as the `CSO control policy').
       ``(2) Water quality and designated use review guidance.--
     Not later than July 31, 2001, and after providing notice and 
     opportunity for public comment, the Administrator shall issue 
     guidance to facilitate the conduct of water quality and 
     designated use reviews for municipal combined sewer 
     overflow receiving waters.
       ``(3) Report.--Not later than September 1, 2001, the 
     Administrator shall transmit to Congress a report on the 
     progress made by the Environmental Protection Agency, States, 
     and municipalities in implementing and enforcing the CSO 
     control policy.''.
       (b) Wet Weather Pilot Program.--Title I of the Federal 
     Water Pollution Control Act (33 U.S.C. 1251 et seq.) is 
     amended by adding at the end the following:

     ``SEC. 121. WET WEATHER WATERSHED PILOT PROJECTS.

       ``(a) In General.--The Administrator, in coordination with 
     the States, may provide technical assistance and grants for 
     treatment works to carry out pilot projects relating to the 
     following areas of wet weather discharge control:
       ``(1) Watershed management of wet weather discharges.--The 
     management of municipal combined sewer overflows, sanitary 
     sewer overflows, and stormwater discharges, on an integrated 
     watershed or subwatershed basis for the purpose of 
     demonstrating the effectiveness of a unified wet weather 
     approach.
       ``(2) Stormwater best management practices.--The control of 
     pollutants from municipal separate storm sewer systems for 
     the purpose of demonstrating and determining controls that 
     are cost-effective and that use innovative technologies in 
     reducing such pollutants from stormwater discharges.
       ``(b) Administration.--The Administrator, in coordination 
     with the States, shall provide municipalities participating 
     in a pilot project under this section the ability to engage 
     in innovative practices, including the ability to unify 
     separate wet weather control efforts under a single permit.
       ``(c) Funding.--
       ``(1) In general.--There is authorized to be appropriated 
     to carry out this section $10,000,000 for fiscal year 2002, 
     $15,000,000 for fiscal year 2003, and $20,000,000 for fiscal 
     year 2004. Such funds shall remain available until expended.
       ``(2) Stormwater.--The Administrator shall make available 
     not less than 20 percent of amounts appropriated for a fiscal 
     year pursuant to this subsection to carry out the purposes of 
     subsection (a)(2).
       ``(3) Administrative expenses.--The Administrator may 
     retain not to exceed 4 percent of any amounts appropriated 
     for a fiscal year pursuant to this subsection for the 
     reasonable and necessary costs of administering this section.
       ``(d) Report to Congress.--Not later than 5 years after the 
     date of enactment of this section, the Administrator shall 
     transmit to Congress a report on the results of the pilot 
     projects conducted under this section and their possible 
     application nationwide.''.
       (c) Sewer Overflow Control Grants.--Title II of the Federal 
     Water Pollution Control Act (33 U.S.C. 1342 et seq.) is 
     amended by adding at the end the following:

     ``SEC. 221. SEWER OVERFLOW CONTROL GRANTS.

       ``(a) In General.--In any fiscal year in which the 
     Administrator has available for obligation at least 
     $1,350,000,000 for the purposes of section 601--
       ``(1) the Administrator may make grants to States for the 
     purpose of providing grants to a municipality or municipal 
     entity for planning, design, and construction of treatment 
     works to intercept, transport, control, or treat municipal 
     combined sewer overflows and sanitary sewer overflows; and
       ``(2) subject to subsection (g), the Administrator may make 
     a direct grant to a municipality or municipal entity for the 
     purposes described in paragraph (1).
       ``(b) Prioritization.--In selecting from among 
     municipalities applying for grants under subsection (a), a 
     State or the Administrator shall give priority to an 
     applicant that--
       ``(1) is a municipality that is a financially distressed 
     community under subsection (c);
       ``(2) has implemented or is complying with an 
     implementation schedule for the 9 minimum controls specified 
     in the CSO control policy referred to in section 402(q)(1) 
     and has begun implementing a long-term municipal combined 
     sewer overflow control plan or a separate sanitary sewer 
     overflow control plan; or
       ``(3) is requesting a grant for a project that is on a 
     State's intended use plan pursuant to section 606(c); or
       ``(4) is an Alaska Native Village.
       ``(c) Financially Distressed Community.--
       ``(1) Definition.--In subsection (b), the term `financially 
     distressed community' means a community that meets 
     affordability criteria established by the State in which the 
     community is located, if such criteria are developed after 
     public review and comment.
       ``(2) Consideration of impact on water and sewer rates.--In 
     determining if a community is a distressed community for the 
     purposes of subsection (b), the State shall consider, among 
     other factors, the extent to which the rate of growth of a 
     community's tax base has been historically slow such that 
     implementing a plan described in subsection (b)(2) would 
     result in a significant increase in any water or sewer rate 
     charged by the community's publicly owned wastewater 
     treatment facility.
       ``(3) Information to assist states.--The Administrator may 
     publish information to assist States in establishing 
     affordability criteria under paragraph (1).
       ``(d) Cost Sharing.--The Federal share of the cost of 
     activities carried out using amounts from a grant made under 
     subsection (a) shall be not less than 55 percent of the cost. 
     The non-Federal share of the cost may include, in any amount, 
     public and private funds and in-kind services, and may 
     include, notwithstanding section 603(h), financial 
     assistance, including loans, from a State water pollution 
     control revolving fund.
       ``(e) Administrative Reporting Requirements.--If a project 
     receives grant assistance under subsection (a) and loan 
     assistance from a State water pollution control revolving 
     fund and the loan assistance is for 15 percent or more of the 
     cost of the project, the project may be administered in 
     accordance with State water pollution control revolving fund 
     administrative reporting requirements for the purposes of 
     streamlining such requirements.
       ``(f) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $750,000,000 for 
     each of fiscal years 2002 and 2003. Such sums shall remain 
     available until expended.
       ``(g) Allocation of Funds.--
       ``(1) Fiscal year 2002.--Subject to subsection (h), the 
     Administrator shall use the amounts appropriated to carry out 
     this section for fiscal year 2002 for making grants to 
     municipalities and municipal entities under subsection 
     (a)(2), in accordance with the criteria set forth in 
     subsection (b).
       ``(2) Fiscal year 2003.--Subject to subsection (h), the 
     Administrator shall use the amounts appropriated to carry out 
     this section for fiscal year 2003 as follows:
       ``(A) Not to exceed $250,000,000 for making grants to 
     municipalities and municipal entities under subsection 
     (a)(2), in accordance with the criteria set forth in 
     subsection (b).
       ``(B) All remaining amounts for making grants to States 
     under subsection (a)(1), in accordance with a formula to be 
     established by the Administrator, after providing notice and 
     an opportunity for public comment, that allocates to each 
     State a proportional share of such amounts based on the total 
     needs of the State for municipal combined sewer overflow 
     controls and sanitary sewer overflow controls identified in 
     the most recent survey conducted pursuant to section 
     516(b)(1).
       ``(h) Administrative Expenses.--Of the amounts appropriated 
     to carry out this section for each fiscal year--
       ``(1) the Administrator may retain an amount not to exceed 
     1 percent for the reasonable and necessary costs of 
     administering this section; and
       ``(2) the Administrator, or a State, may retain an amount 
     not to exceed 4 percent of any grant made to a municipality 
     or municipal entity under subsection (a), for the reasonable 
     and necessary costs of administering the grant.
       ``(i) Reports.--Not later than December 31, 2003, and 
     periodically thereafter, the Administrator shall transmit to 
     Congress a report containing recommended funding levels for 
     grants under this section. The recommended funding levels 
     shall be sufficient to ensure the continued expeditious 
     implementation of municipal combined sewer overflow and 
     sanitary sewer overflow controls nationwide.''.
       (d) Information on CSOS and SSOS.--
       (1) Report to congress.--Not later than 3 years after the 
     date of enactment of this Act, the Administrator of the 
     Environmental Protection Agency shall transmit to Congress a 
     report summarizing--

[[Page H12274]]

       (A) the extent of the human health and environmental 
     impacts caused by municipal combined sewer overflows and 
     sanitary sewer overflows, including the location of 
     discharges causing such impacts, the volume of pollutants 
     discharged, and the constituents discharged;
       (B) the resources spent by municipalities to address these 
     impacts; and
       (C) an evaluation of the technologies used by 
     municipalities to address these impacts.
       (2) Technology clearinghouse.--After transmitting a report 
     under paragraph (1), the Administrator shall maintain a 
     clearinghouse of cost-effective and efficient technologies 
     for addressing human health and environmental impacts due to 
     municipal combined sewer overflows and sanitary sewer 
     overflows.
       Sec. 113. Fish Passage Devices at New Savannah Bluff Lock 
     and Dam, South Carolina. Section 348(l)(2) of the Water 
     Resources Development Act of 2000 is amended--
       (1) in subparagraph (A), by striking ``Dam, at Federal 
     expense of an estimated $5,300,000'' and inserting ``Dam and 
     construct appropriate fish passage devices at the Dam, at 
     Federal expense''; and
       (2) in subparagraph (B), by striking ``after repair and 
     rehabilitation,'' and inserting ``after carrying out 
     subparagraph (A),''.
       Sec. 114. (a) Extinguishment of Reversionary Interests and 
     Use Restrictions.--With respect to the lands described in the 
     deed described in subsection (b)--
       (1) the reversionary interests and the use restrictions 
     relating to port or industrial purposes are extinguished;
       (2) the human habitation or other building structure use 
     restriction is extinguished in each area where the elevation 
     is above the standard project flood elevation; and
       (3) the use of fill material to raise areas above the 
     standard project flood elevation, without increasing the risk 
     of flooding in or outside of the floodplain, is authorized, 
     except in any area constituting wetland for which a permit 
     under section 404 of the Federal Water Pollution Control Act 
     (33 U.S.C. 1344) would be required.
       (b) Affected Deed.--The deed referred to is the deed 
     recorded October 17, 1967, in book 291, page 148, Deed of 
     Records of Umatilla County, Oregon, executed by the United 
     States.
       Sec. 115. Murrieta Creek, California. Section 101(b)(6) of 
     the Water Resources Development Act of 2000 is repealed.
       Sec. 116. Penn Mine, Calaveras County, California. (a) In 
     General.--The Secretary of the Army shall reimburse East Bay 
     Municipal Water District for the project for aquatic 
     ecosystem restoration, Penn Mine, Calaveras County, 
     California, carried out under section 206 of the Water 
     Resources Development Act of 1996 (33 U.S.C. 2330), 
     $4,100,000 for the Federal share of costs incurred by East 
     Bay Municipal Utility District for work carried out by East 
     Bay Municipal Utility District for the project. Such amounts 
     shall be made available within 90 days of enactment of this 
     provision.
       (b) Source of Funding.--Reimbursement under subsection (a) 
     shall be from amounts appropriated before the date of 
     enactment of this Act for the project described in subsection 
     (a).
       Sec. 117. The project for flood control, Greers Ferry Lake, 
     Arkansas, authorized by the Rivers and Harbors Act of June 
     28, 1938 (52 Stat. 1218), is modified to authorize the 
     Secretary of the Army to construct intake facilities for the 
     benefit of Lonoke and White Counties, Arkansas.
       Sec. 118. The project for flood control, Chehalis River and 
     Tributaries, Washington, authorized by section 401(a) of the 
     Water Resources Development Act of 1986 (100 Stat. 4126), is 
     modified to authorize the Secretary of the Army to provide 
     the non-Federal interest credit toward the non-Federal share 
     of the cost of the project the cost of planning, design, and 
     construction work carried out by the non-Federal interest 
     before the date of execution of a cooperation agreement for 
     the project if the Secretary determines that the work is 
     integral to the project.
       Sec. 119. Within the funds appropriated to the National 
     Park Service under the heading ``Operation of the National 
     Park System'' in Public Law 106-291, the Secretary of the 
     Interior shall provide a grant of $75,000 to the City of 
     Ocean Beach, New York, for repair of facilities at the Ocean 
     Beach Pavilion at Fire Island National Seashore.
       Sec. 120. The National Park Service is directed to work 
     with Fort Sumter Tours, Inc., the concessionaire currently 
     providing services at Fort Sumter National Monument in South 
     Carolina, on an amicable solution of the current legal 
     dispute between the two parties. The Director of the Service 
     is directed to extend immediately the current contract 
     through March 15, 2001, to facilitate further negotiations 
     and for 180 days if final settlement of all disputes is 
     agreed to by both parties.
       Sec. 121. Title VIII--Land Conservation, Preservation and 
     Infrastructure Improvement of Public Law 106-291 is amended 
     as follows: after the first dollar amount insert: ``, to be 
     derived from the Land and Water Conservation Fund''.
       Sec. 122. Gas to Liquids. Section 301(2) of the Energy 
     Policy Act of 1992 (Public Law 102-486; 42 U.S.C. 13211(2)) 
     is amended by inserting ``, including liquid fuels 
     domestically produced from natural gas'' after ``natural 
     gas''.
       Sec. 123. (a) The provisions of H.R. 4904 as passed in the 
     House of Representatives on September 26, 2000 are hereby 
     enacted into law.
       Sec. 124. Appalachian National Scenic Trail. (a) 
     Acquisitions.--
       (1) In general.--The Secretary of the Interior shall--
       (A) negotiate agreements with landowners setting terms and 
     conditions for the acquisition of parcels of land and 
     interests in land totalling approximately 580 acres at 
     Saddleback Mountain near Rangeley, Maine, for the benefit of 
     the Appalachian National Scenic Trail;
       (B) complete the pending environmental compliance process 
     for the acquisitions; and
       (C) acquire the parcels of land and interests in land for 
     consideration in the amount of $4,000,000 plus closing costs 
     customarily paid by the United States.
       (2) Acceptance of donations.--The Secretary may accept as 
     donations parcels of land and interests in land at Saddleback 
     Mountain, in addition to those acquired by purchase under 
     paragraph (1), for the benefit of the Appalachian National 
     Scenic Trail.
       (b) Conveyance to the State.--The Secretary shall convey to 
     the State of Maine a portion of the land and interests in 
     land acquired under subsection (a) without consideration, 
     subject to such terms and conditions as the Secretary and the 
     State of Maine agree are necessary to ensure the protection 
     of the Appalachian National Scenic Trail.
       Sec. 125. The provisions of S. 2273, as passed in the 
     United States Senate on October 5, 2000 and engrossed, are 
     hereby enacted into law.
       Sec. 126. Section 116(a)(1)(A) of the Illinois and Michigan 
     Canal National Heritage Corridor Act of 1984 (98 Stat. 1467) 
     is amended by striking ``$250,000'' and inserting 
     ``$1,000,000''.
       Sec. 127. The provisions of S. 2885, as passed in the 
     United States Senate on October 5, 2000 and engrossed, are 
     hereby enacted into law.
       Sec. 128. None of the funds provided in this or any other 
     Act may be used prior to July 31, 2001 to promulgate or 
     enforce a final rule to reduce during the 2000-2001 or 2001-
     2002 winter seasons the use of snowmobiles below current use 
     patterns at a unit in the National Park System: Provided, 
     That nothing in this section shall be interpreted as amending 
     any requirement of the Clean Air Act: Provided further, That 
     nothing in this section shall preclude the Secretary from 
     taking emergency actions related to snowmobile use in any 
     National Park based on authorities which existed to permit 
     such emergency actions as of the date of enactment of this 
     Act.
       Sec. 129. The Secretary of the Interior shall extend until 
     March 31, 2001 the ``Extension of Standstill Agreement,'' 
     entered into on November 22, 1999 by the United States of 
     America and the holders of interests in seven campsite leases 
     in Biscayne Bay, Miami-Dade County, Florida collectively 
     known as ``Stiltsville''.
       Sec. 130. The Secretary of the Interior is authorized to 
     make a grant of $1,300,000 to the State of Minnesota or its 
     political subdivision from funds available to the National 
     Park Service under the heading ``Land Acquisition and State 
     Assistance'' in Public Law 106-291 to cover the cost of 
     acquisition of land in Lower Phalen Creek near St. Paul, 
     Minnesota in the Mississippi National River and Recreation 
     Area.
       Sec. 131. Notwithstanding any provision of law or 
     regulation, funds appropriated in Public Law 106-291 for a 
     cooperative agreement for management of George Washington's 
     Boyhood Home, Ferry Farm, shall be transferred to the George 
     Washington's Fredericksburg Foundation, Inc. (formerly known 
     as Kenmore Association, Inc.) immediately upon signing of the 
     cooperative agreement.
       Sec. 132. During the period beginning on the date of the 
     enactment of this Act and ending on June 1, 2001, funds made 
     available to the Secretary of the Interior may not be used to 
     pay salaries or expenses related to the issuance of a request 
     for proposal related to a light rail system to service Grand 
     Canyon National Park.
       Sec. 133. None of the funds in this or any other Act may be 
     used by the Secretary of the Interior to remove the five foot 
     tall white cross located within the boundary of the Mojave 
     National Preserve in southern California first erected in 
     1934 by the Veterans of Foreign Wars along Cima Road 
     approximately 11 miles south of Interstate 15.
       Sec. 134. Section 6(g) of the Chesapeake and Ohio Canal 
     Development Act (16 U.S.C. 410y-4(g)) is amended by striking 
     ``thirty'' and inserting ``40''.
       Sec. 135. Funds provided in Public Law 106-291 for federal 
     land acquisition by the National Park Service in Fiscal Year 
     2001 for Brandywine Battlefield, Ice Age National Scenic 
     Trail, Mississippi National River and Recreation Area, 
     Shenandoah National Heritage Area, Fallen Timbers Battlefield 
     and Fort Miamis National Historic Site may be used for a 
     grant to a state, local government, or to a land management 
     entity for the acquisition of lands without regard to any 
     restriction on the use of federal land acquisition funds 
     provided through the Land and Water Conservation Act of 1965.
       Sec. 136. Notwithstanding any other provision of law, in 
     accordance with Title IV--Wildland Fire Emergency 
     Appropriations, Public Law 106-291, from the $35,000,000 
     provided for community and private land fire assistance, the 
     Secretary of Agriculture, may use up to $9,000,000 for 
     advance, direct lump sum payments for assistance to eligible 
     individuals, businesses, or other entities, to accomplish the 
     purposes of providing assistance to non-federal entities most 
     affected by fire. To expedite such financial assistance being 
     provided to eligible recipients, the lump sum payments shall 
     not be subject to CFR Title 7 Sec. 3015; Title 7 Sec. 3019; 
     Title 7 Sec. 3052 related to the administration of Federal 
     financial assistance.
       Sec. 137. (a) In General.--The first section of Public Law 
     91-660 (16 U.S.C. 459h) is amended--
       (1) in the first sentence, by striking ``That, in'' and 
     inserting the following:

     ``SECTION 1. GULF ISLANDS NATIONAL SEASHORE.

       ``(a) Establishment.--In''; and
       (2) in the second sentence--
       (A) by redesignating paragraphs (1) through (6) as 
     subparagraphs (A) through (F), respectively, and indenting 
     appropriately;
       (B) by striking ``The seashore shall comprise'' and 
     inserting the following:
       ``(b) Composition.--
       ``(1) In general.--The seashore shall comprise the areas 
     described in paragraphs (2) and (3).

[[Page H12275]]

       ``(2) Areas included in boundary plan numbered ns-gi-
     7100j.--The areas described in this paragraph are'': and
       (C) by adding at the end the following:
       ``(3) Cat island.--Upon its acquisition by the Secretary, 
     the area described in this paragraph is the parcel consisting 
     of approximately 2,000 acres of land on Cat Island, 
     Mississippi, as generally depicted on the map entitled 
     `Boundary Map, Gulf Islands National Seashore, Cat Island, 
     Mississippi', numbered 635/80085, and dated November 9, 1999 
     (referred to in this title as the `Cat Island Map').
       ``(4) Availability of map.--The Cat Island Map shall be on 
     file and available for public inspection in the appropriate 
     offices of the National Park Service.''.
       (b) Acquisition Authority.--Section 2 of Public Law 91-660 
     (16 U.S.C. 459h-1) is amended--
       (1) in the first sentence of subsection (a), by striking 
     ``lands,'' and inserting ``submerged land, land,''; and
       (2) by adding at the end the following:
       ``(e) Acquisition Authority.--
       ``(1) In general.--The Secretary may acquire, from a 
     willing seller only--
       ``(A) all land comprising the parcel described in 
     subsection (b)(3) that is above the mean line of ordinary 
     high tide, lying and being situated in Harrison County, 
     Mississippi;
       ``(B) an easement over the approximately 150-acre parcel 
     depicted as the `Boddie Family Tract' on the Cat Island Map 
     for the purpose of implementing an agreement with the owners 
     of the parcel concerning the development and use of the 
     parcel; and
       ``(C)(i) land and interests in land on Cat Island outside 
     the 2,000-acre area depicted on the Cat Island Map; and
       ``(ii) submerged land that lies within 1 mile seaward of 
     Cat Island (referred to in this title as the `buffer zone'), 
     except that submerged land owned by the State of Mississippi 
     (or a subdivision of the State) may be acquired only by 
     donation.
       ``(2) Administration.--
       ``(A) In general.--Land and interests in land acquired 
     under this subsection shall be administered by the Secretary, 
     acting through the Director of the National Park Service.
       ``(B) Buffer zone.--Nothing in this title or any other 
     provision of law shall require the State of Mississippi to 
     convey to the Secretary any right, title, or interest in or 
     to the buffer zone as a condition for the establishment of 
     the buffer zone.
       ``(3) Modification of boundary.--The boundary of the 
     seashore shall be modified to reflect the acquisition of land 
     under this subsection only after completion of the 
     acquisition.''.
       (c) Regulation of Fishing.--Section 3 of Public Law 91-660 
     (16 U.S.C. 459h-2) is amended--
       (1) by inserting ``(a) In General.--'' before ``The 
     Secretary''; and
       (2) by adding at the end the following:
       ``(b) No Authority To Regulate Maritime Activities.--
     Nothing in this title or any other provision of law shall 
     affect any right of the State of Mississippi, or give the 
     Secretary any authority, to regulate maritime activities, 
     including nonseashore fishing activities (including 
     shrimping), in any area that, on the date of enactment of 
     this subsection, is outside the designated boundary of the 
     seashore (including the buffer zone).''.
       (d) Authorization of Management Agreements.--Section 5 of 
     Public Law 91-660 (16 U.S.C. 459h-4) is amended--
       (1) by inserting ``(a) In General.--'' before ``Except''; 
     and
       (2) by adding at the end the following:
       ``(b) Agreements.--
       ``(1) In general.--The Secretary may enter into 
     agreements--
       ``(A) with the State of Mississippi for the purposes of 
     managing resources and providing law enforcement assistance, 
     subject to authorization by State law, and emergency services 
     on or within any land on Cat Island and any water and 
     submerged land within the buffer zone; and
       ``(B) with the owners of the approximately 150-acre parcel 
     depicted as the `Boddie Family Tract' on the Cat Island Map 
     concerning the development and use of the land.
       ``(2) No authority to enforce certain regulations.--Nothing 
     in this subsection authorizes the Secretary to enforce 
     Federal regulations outside the land area within the 
     designated boundary of the seashore.''.
       (e) Authorization of Appropriations.--Section 11 of Public 
     Law 91-660 (16 U.S.C. 459h-10) is amended--
       (1) by inserting ``(a) In General.--'' before ``There''; 
     and
       (2) by adding at the end the following:
       ``(b) Authorization for Acquisition of Land.--In addition 
     to the funds authorized by subsection (a), there are 
     authorized to be appropriated such sums as are necessary to 
     acquire land and submerged land on and adjacent to Cat 
     Island, Mississippi.''.
       Sec. 138. Percentage Limitations on Federal Thrift Savings 
     Plan Contributions. (a) Amendments Relating to FERS.--
       (1) In general.--Subsection (a) of section 8432 of title 5, 
     United States Code, is amended--
       (A) by striking ``(a)'' and inserting ``(a)(1)'';
       (B) by striking ``10 percent'' and all that follows through 
     ``period.'' and inserting ``the maximum percentage of such 
     employee's or Member's basic pay for such pay period 
     allowable under paragraph (2).''; and
       (C) by adding at the end the following:
       ``(2) The maximum percentage allowable under this paragraph 
     shall be determined in accordance with the following table:

``In the case of a pay period beginThe maximum percentage allowable is:
  2001..............................................................11 
  2002..............................................................12 
  2003..............................................................13 
  2004..............................................................14 
  2005..............................................................15 
  2006 or thereafter............................................100.''.
       (2) Justices and judges.--Paragraph (2) of section 8440a(b) 
     of title 5, United States Code, is amended to read as 
     follows:
       ``(2) The amount contributed by a justice or judge for any 
     pay period shall not exceed the maximum percentage of such 
     justice's or judge's basic pay for such pay period allowable 
     under section 8440f.''.
       (3) Bankruptcy judges and magistrates.--Paragraph (2) of 
     section 8440b(b) of title 5, United States Code, is amended 
     by striking ``5 percent'' and all that follows through 
     ``period.'' and inserting ``the maximum percentage of such 
     bankruptcy judge's or magistrate's basic pay for such pay 
     period allowable under section 8440f.''.
       (4) Court of federal claims judges.--Paragraph (2) of 
     section 8440c(b) of title 5, United States Code, is amended 
     by striking ``5 percent'' and all that follows through 
     ``period.'' and inserting ``the maximum percentage of such 
     judge's basic pay for such pay period allowable under section 
     8440f.''.
       (5) Judges of the united states court of appeals for 
     veterans claims.--The first sentence of section 8440d(b)(2) 
     of title 5, United States Code, is amended to read as 
     follows: ``The amount contributed by a judge of the United 
     States Court of Appeals for Veterans Claims for any pay 
     period may not exceed the maximum percentage of such judge's 
     basic pay for such pay period allowable under section 
     8440f.''.
       (6) Members of the uniformed services.--
       (A) Basic pay.--Subparagraph (A) of section 8440e(d)(1) of 
     title 5, United States Code, is amended by striking ``5 
     percent'' and all that follows through ``period.'' and 
     inserting ``the maximum percentage of such member's basic pay 
     for such pay period allowable under section 8440f.''.
       (B) Compensation.--Subparagraph (B) of section 8440e(d)(1) 
     of title 5, United States Code, is amended by striking ``5 
     percent'' and all that follows through ``period.'' and 
     inserting ``the maximum percentage of such member's 
     compensation for such pay period (received under such section 
     206) allowable under section 8440f.''.
       (7) Maximum percentage allowable.--
       (A) In general.--Title 5, United States Code, is amended by 
     inserting after section 8440e the following:

     ``Sec. 8440f. Maximum percentage allowable for certain 
       participants

       ``The maximum percentage allowable under this section shall 
     be determined in accordance with the following table:

``In the case of a pay period beginThe maximum percentage allowable is:
  2001...............................................................6 
  2002...............................................................7 
  2003...............................................................8 
  2004...............................................................9 
  2005..............................................................10 
  2006 or thereafter............................................100.''.
       (B) Conforming amendment.--The table of sections for 
     chapter 84 of title 5, United States Code, is amended by 
     inserting after the item relating to section 8440e the 
     following:

``8440f. Maximum percentage allowable for certain participants.''.
       (b) Amendments Relating to CSRS.--Paragraph (2) of section 
     8351(b) of title 5, United States Code, is amended--
       (1) by striking ``(2)'' and inserting ``(2)(A)'';
       (2) by striking ``5 percent'' and all that follows through 
     ``period.'' and inserting ``the maximum percentage of such 
     employee's or Member's basic pay for such pay period 
     allowable under subparagraph (B).''; and
       (3) by adding at the end the following:
       ``(B) The maximum percentage allowable under this 
     subparagraph shall be determined in accordance with the 
     following table:

``In the case of a pay period beginThe maximum percentage allowable is:
  2001...............................................................6 
  2002...............................................................7 
  2003...............................................................8 
  2004...............................................................9 
  2005..............................................................10 
  2006 or thereafter............................................100.''.
       (c) Effective Date.--
       (1) In general.--The amendments made by this section shall 
     take effect on the date of enactment of this Act.
       (2) Coordination with election periods.--The Executive 
     Director shall by regulation determine the first election 
     period in which elections may be made consistent with the 
     amendments made by this section.
       (3) Definitions.--For purposes of this section--
       (A) the term ``election period'' means a period afforded 
     under section 8432(b) of title 5, United States Code; and
       (B) the term ``Executive Director'' has the meaning given 
     such term by section 8401(13) of title 5, United States Code.
       Sec. 139. Exclusion of Elements of United States Secret 
     Service From Certain Activities. Section 7103(a)(3) of title 
     5, United States Code, is amended--
       (1) in subparagraph (F), by striking ``or'' at the end;
       (2) in subparagraph (G), by striking the period and 
     inserting ``; or''; and
       (3) by adding at the end the following new subparagraph:
       ``(H) the United States Secret Service and the United 
     States Secret Service Uniformed Division.''.

[[Page H12276]]

       Sec. 140. (a) The adjustment in rates of basic pay for the 
     statutory pay systems that takes effect in fiscal year 2001 
     under sections 5303 and 5304 of title 5, United States Code, 
     shall be an increase of 3.7 percent.
       (b) Funds used to carry out this section shall be paid from 
     appropriations which are made to each applicable department 
     or agency for salaries and expenses for fiscal year 2001.
       Sec. 141. Repeal of Mandatory Separation Requirement. (a) 
     In General.--Section 8335 of title 5, United States Code, is 
     amended--
       (1) by striking subsection (c); and
       (2) by redesignating subsections (d) and (e) as subsections 
     (c) and (d), respectively.
       (b) Technical and Conforming Amendment.--Section 8339(q) of 
     title 5, United States Code, is amended by striking 
     ``8335(d)'' and inserting ``8335(c)''.
       Sec. 142. Section 223(a)(14) of the Juvenile Justice and 
     Delinquency Prevention Act of 1974 (42 U.S.C. 5633(a)(14) as 
     amended, is hereby amended by inserting after the phrase 
     ``twenty-four hours'' the following new phrase: ``(except in 
     the case of Alaska where such time limit may be forty-eight 
     hours in fiscal years 2000 through 2002)''.
       Sec. 143. (a) Section 336 of the Communications Act of 1934 
     (47 U.S.C. 336) is amended--
       (1) by redesignating subsection (h) as subsection (i); and
       (2) by inserting after subsection (g) the following:
       ``(h)(1) Within 60 days after receiving a request (made in 
     such form and manner and containing such information as the 
     Commission may require) under this subsection from a low-
     power television station to which this subsection applies, 
     the Commission shall authorize the licensee or permittee of 
     that station to provide digital data service subject to the 
     requirements of this subsection as a pilot project to 
     demonstrate the feasibility of using low-power television 
     stations to provide high-speed wireless digital data service, 
     including Internet access to unserved areas.
       ``(2) The low-power television stations to which this 
     subsection applies are as follows:
       ``(A) KHLM-LP, Houston, Texas.
       ``(B) WTAM-LP, Tampa, Florida.
       ``(C) WWRJ-LP, Jacksonville, Florida.
       ``(D) WVBG-LP, Albany, New York.
       ``(E) KHHI-LP, Honolulu, Hawaii.
       ``(F) KPHE-LP (K19DD), Phoenix, Arizona.
       ``(G) K34FI, Bozeman, Montana.
       ``(H) K65GZ, Bozeman, Montana.
       ``(I) WXOB-LP, Richmond, Virginia.
       ``(J) WIIW-LP, Nashville, Tennessee.
       ``(K) A station and repeaters to be determined by the 
     Federal Communications Commission for the sole purpose of 
     providing service to communities in the Kenai Peninsula 
     Borough and Matanuska Susitna Borough.
       ``(L) WSPY-LP, Plano, Illinois.
       ``(M) W24AJ, Aurora, Illinois.
       ``(3) Notwithstanding any requirement of section 553 of 
     title 5, United States Code, the Commission shall promulgate 
     regulations establishing the procedures, consistent with the 
     requirements of paragraphs (4) and (5), governing the pilot 
     projects for the provision of digital data services by 
     certain low power television licensees within 120 days after 
     the date of enactment of LPTV Digital Data Services Act. The 
     regulations shall set forth--
       ``(A) requirements as to the form, manner, and information 
     required for submitting requests to the Commission to provide 
     digital data service as a pilot project;
       ``(B) procedures for testing interference to digital 
     television receivers caused by any pilot project station or 
     remote transmitter;
       ``(C) procedures for terminating any pilot project station 
     or remote transmitter or both that causes interference to any 
     analog or digital full-power television stations, class A 
     television station, television translators or any other users 
     of the core television band;
       ``(D) specifications for reports to be filed quarterly by 
     each low power television licensee participating in a pilot 
     project;
       ``(E) procedures by which a low power television licensee 
     participating in a pilot project shall notify television 
     broadcast stations in the same market upon commencement of 
     digital data services and for ongoing coordination with local 
     broadcasters during the test period; and
       ``(F) procedures for the receipt and review of interference 
     complaints on an expedited basis consistent with paragraph 
     (5)(D).
       ``(4) A low-power television station to which this 
     subsection applies may not provide digital data service 
     unless--
       ``(A) the provision of that service, including any remote 
     return-path transmission in the case of 2-way digital data 
     service, does not cause any interference in violation of the 
     Commission's existing rules, regarding interference caused by 
     low power television stations to full-service analog or 
     digital television stations, class A television stations, or 
     television translator stations; and
       ``(B) the station complies with the Commission's 
     regulations governing safety, environmental, and sound 
     engineering practices, and any other Commission regulation 
     under paragraph (3) governing pilot program operations.
       ``(5)(A) The Commission may limit the provision of digital 
     data service by a low-power television station to which this 
     subsection applies if the Commission finds that--
       ``(i) the provision of 2-way digital data service by that 
     station causes any interference that cannot otherwise be 
     remedied; or
       ``(ii) the provision of 1-way digital data service by that 
     station causes any interference.
       ``(B) The Commission shall grant any such station, upon 
     application (made in such form and manner and containing such 
     information as the Commission may require) by the licensee or 
     permittee of that station, authority to move the station to 
     another location, to modify its facilities to operate on a 
     different channel, or to use booster or auxiliary 
     transmitting locations, if the grant of authority will not 
     cause interference to the allowable or protected service 
     areas of full service digital television stations, National 
     Television Standards Committee assignments, or television 
     translator stations, and provided, however, no such authority 
     shall be granted unless it is consistent with existing 
     Commission regulations relating to the movement, 
     modification, and use of non-class A low power television 
     transmission facilities in order--
       ``(i) to operate within television channels 2 through 51, 
     inclusive; or
       ``(ii) to demonstrate the utility of low-power television 
     stations to provide high-speed 2-way wireless digital data 
     service.
       ``(C) The Commission shall require quarterly reports from 
     each station authorized to provide digital data services 
     under this subsection that include--
       ``(i) information on the station's experience with 
     interference complaints and the resolution thereof;
       ``(ii) information on the station's market success in 
     providing digital data service; and
       ``(iii) such other information as the Commission may 
     require in order to administer this subsection.
       ``(D) The Commission shall resolve any complaints of 
     interference with television reception caused by any station 
     providing digital data service authorized under this 
     subsection within 60 days after the complaint is received by 
     the Commission.
       ``(6) The Commission shall assess and collect from any low-
     power television station authorized to provide digital data 
     service under this subsection an annual fee or other schedule 
     or method of payment comparable to any fee imposed under the 
     authority of this Act on providers of similar services. 
     Amounts received by the Commission under this paragraph may 
     be retained by the Commission as an offsetting collection to 
     the extent necessary to cover the costs of developing and 
     implementing the pilot program authorized by this subsection, 
     and regulating and supervising the provision of digital data 
     service by low-power television stations under this 
     subsection. Amounts received by the Commission under this 
     paragraph in excess of any amount retained under the 
     preceding sentence shall be deposited in the Treasury in 
     accordance with chapter 33 of title 31, United States Code.
       ``(7) In this subsection, the term `digital data service' 
     includes--
       ``(A) digitally-based interactive broadcast service; and
       ``(B) wireless Internet access, without regard to--
       ``(i) whether such access is--

       ``(I) provided on a one-way or a two-way basis;
       ``(II) portable or fixed; or

       ``(III) connected to the Internet via a band allocated to 
     Interactive Video and Data Service; and

       ``(ii) the technology employed in delivering such service, 
     including the delivery of such service via multiple 
     transmitters at multiple locations.
       ``(8) Nothing in this subsection limits the authority of 
     the Commission under any other provision of law.''.
       (b) The Federal Communications Commission shall submit a 
     report to the Congress on June 30, 2001, and June 30, 2002, 
     evaluating the utility of using low-power television stations 
     to provide high-speed digital data service. The reports shall 
     be based on the pilot projects authorized by section 336(h) 
     of the Communications Act of 1934 (47 U.S.C. 336(h)).
       Sec. 144. (a) The Magnuson-Stevens Fishery Conservation and 
     Management Act (16 U.S.C. 1801 et. seq.) is amended--
       (1) in section 303(d)(1)(A) by striking ``October 1, 
     2000,'' and inserting ``October 1, 2002,'';
       (2) in section 303(d)(5) by striking ``October 1, 2000,'' 
     and inserting ``October 1, 2002,'';
       (3) in section 407(b) by striking ``October 1, 2000,'' and 
     inserting ``October 1, 2002,''; and
       (4) in section 407(c)(1) by striking ``October 1, 2000,'' 
     and inserting ``October 1, 2002,''.
       (b) Notwithstanding sections 303(d)(1)(A) and 303(d)(1)(B) 
     of the Magnuson-Stevens Fishery Conservation and Management 
     Act, as amended by this section, the Pacific Fishery 
     Management Council may recommend and the Secretary of 
     Commerce may approve and implement any fishery management 
     plan, plan amendment, or regulation, for fixed gear sablefish 
     subject to the jurisdiction of such Council, that--
       (1) allows the use of more than one groundfish fishing 
     permit by each fishing vessel; and/or
       (2) sets cumulative trip limit periods, up to twelve months 
     in any calendar year, that allow fishing vessels a reasonable 
     opportunity to harvest the full amount of the associated trip 
     limits.
     Notwithstanding subsection (a), the Gulf of Mexico Fishery 
     Management Council may develop a biological, economic, and 
     social profile of any fishery under its jurisdiction that may 
     be considered for management under a quota management system, 
     including the benefits and consequences of the quota 
     management systems considered. The North Pacific Fishery 
     Management Council shall examine the fisheries under its 
     jurisdiction, particularly the Gulf of Alaska groundfish and 
     Bering Sea crab fisheries, to determine whether 
     rationalization is needed. In particular, the North Pacific 
     Council shall analyze individual fishing quotas, processor 
     quotas, cooperatives, and quotas held by communities. The 
     analysis should include an economic analysis of the impact of 
     all options on communities and processors as well as the 
     fishing fleets. The North Pacific Council shall present its 
     analysis to the appropriations and authorizing committees of 
     the Senate and House of Representatives in a timely manner.

[[Page H12277]]

       (c)(1) Public Law 101-380, as amended by section 2204 of 
     chapter 2 of title II of Public Law 106-246, is amended 
     further--
       (A) by striking the second sentence of section 5008(c) and 
     inserting in lieu thereof ``The Federal Advisory Committee 
     Act (5 U.S.C. App. 2) shall not apply to the Institute.'';
       (B) by inserting the following sentence at the end of 
     section 5008(e): ``The administrative funds of the Institute 
     and the administrative funds of the North Pacific Research 
     Board created under Public Law 105-83 may be used to jointly 
     administer such programs at the discretion of the North 
     Pacific Research Board.''; and
       (C) in section 5006(c), as amended by this Act or any other 
     Act making appropriations for fiscal year 2001, by striking 
     the colon immediately before the first proviso and inserting 
     in lieu thereof, ``of which up to $3,000,000 may be used for 
     the lease payment to the Alaska SeaLife Center under section 
     5008(b)(2):''.
       (2) Section 401(e) of Public Law 105-83 is amended--
       (A) in paragraph (2) by striking ``and recommended for 
     Secretarial approval'';
       (B) in paragraph (3)(A) by striking ``, who shall be a co-
     chair of the Board'';
       (C) in paragraph (3)(F) by striking ``, who shall be a co-
     chair of the Board'';
       (D) in paragraph (4)(A) by striking ``and administer'';
       (E) in paragraph (4)(B) by striking the first sentence;
       (F) by adding at the end the following new paragraph:
       ``(5) All decisions of the Board, including grant 
     recommendations, shall be by majority vote of the members 
     listed in paragraphs (3)(A), (3)(F), (3)(G), (3)(J), and 
     (3)(N), in consultation with the other members. The five 
     voting members may act on behalf of the Board in all 
     matters of administration, including the disposition of 
     research funds not made available by this section, at any 
     time on or after October 1, 2000.''; and
       (G) in paragraph (3) by adding at the end the following:
       ``(N) one member who shall represent fishing interests and 
     shall be nominated by the Board and appointed by the 
     Secretary.''.
       (3) Funds made available for the construction of the NOAA 
     laboratory at Lena Point shall be considered incremental 
     funding for the initial phase of construction at Lena Point 
     for site work and related infrastructure and systems 
     installation.
       (4) Notwithstanding any other provision of law, funds made 
     available by this Act or any other Act for the Alaska SeaLife 
     Center shall be considered direct payments for all purposes 
     of applicable law.
       (5) Public Law 99-5 is amended--
       (A) by inserting after section 3(e) the following:
       ``(f) The United States shall be represented on the 
     Transboundary Panel by seven panel members, of whom--
       ``(1) one shall be an official of the United States 
     Government, with salmon fishery management responsibility and 
     expertise;
       ``(2) one shall be an official of the State of Alaska, with 
     salmon fishery management responsibility and expertise; and
       ``(3) five shall be individuals knowledgeable and 
     experienced in the salmon fisheries for which the 
     Transboundary Panel is responsible.'';
       (B) by renumbering the remaining subsections;
       (C) in section 3(g), as redesignated by this subsection, by 
     striking ``The appointing authorities'' and inserting in lieu 
     thereof ``For the northern, southern, and Fraser River 
     panels, the appointing authorities''; and
       (D) in section 3(h)(3), as redesignated by this subsection, 
     by striking ``northern and southern'' and inserting in lieu 
     thereof ``northern, southern, and transboundary''.
       (6) The fishery research vessel for which funds were 
     appropriated in Public Law 106-113 shall be homeported in 
     Kodiak, Alaska, and is hereby named ``OSCAR DYSON''.
       (d)(1) The Secretary of Commerce (hereinafter ``the 
     Secretary'') shall, after notice and opportunity for public 
     comment, adopt final regulations not later than May 1, 2001 
     to implement a fishing capacity reduction program for crab 
     fisheries included in the Fishery Management Plan for 
     Commercial King and Tanner Crab Fisheries in the Bering Sea 
     and Aleutian Islands (hereinafter ``BSAI crab fisheries''). 
     In implementing the program the Secretary shall--
       (A) reduce the fishing capacity in the BSAI crab fisheries 
     by permanently reducing the number of license limitation 
     program crab licenses;
       (B) permanently revoke all fishery licenses, fishery 
     permits, area and species endorsements, and any other fishery 
     privileges, for all fisheries subject to the jurisdiction of 
     the United States, issued to a vessel or vessels (or to 
     persons on the basis of their operation or ownership of that 
     vessel or vessels) for which a BSAI crab fisheries reduction 
     permit is surrendered and revoked under section 6011(b) of 
     title 50, Code of Federal Regulations;
       (C) ensure that the Secretary of Transportation is notified 
     of each vessel for which a reduction permit is surrendered 
     and revoked under the program, with a request that such 
     Secretary permanently revoke the fishery endorsement of each 
     such vessel and refuse permission to transfer any such vessel 
     to a foreign flag under paragraph (5);
       (D) ensure that vessels removed from the BSAI crab 
     fisheries under the program are made permanently ineligible 
     to participate in any fishery worldwide, and that the owners 
     of such vessels contractually agree that such vessels will 
     operate only under the United States flag or be scrapped as a 
     reduction vessel pursuant to section 600.1011(c) of title 50, 
     Code of Federal Regulations;
       (E) ensure that vessels removed from the BSAI crab 
     fisheries, the owners of such vessels, and the holders of 
     fishery permits for such vessels forever relinquish any claim 
     associated with such vessel, permits, and any catch history 
     associated with such vessel or permits that could qualify 
     such vessel, vessel owner, or permit holder for any present 
     or future limited access system fishing permits in the United 
     States fisheries based on such vessel, permits, or catch 
     history;
       (F) not include the purchase of Norton Sound red king crab 
     or Norton Sound blue king crab endorsements in the program, 
     though any such endorsements associated with a reduction 
     permit or vessel made ineligible or scrapped under the 
     program shall also be surrendered and revoked as if 
     surrendered and revoked pursuant to section 600.1011(b) of 
     title 50, Code of Federal Regulations;
       (G) seek to obtain the maximum sustained reduction in 
     fishing capacity at the least cost by establishing bidding 
     procedures that--
       (i) assign a bid score to each bid by dividing the price 
     bid for each reduction permit by the total value of the crab 
     landed in the most recent five-year period in each crab 
     fishery from 1990 through 1999 under that permit, with the 
     value for each year determined by multiplying the average 
     price per pound published by the State of Alaska in each year 
     for each crab fishery included in such reduction permit by 
     the total pounds landed in each crab fishery under that 
     permit in that year; and
       (ii) use a reverse auction in which the lowest bid score 
     ranks first, followed by each bid with the next lowest bid 
     score, until the total bid amount of all bids equals a 
     reduction cost that the next lowest bid would cause to exceed 
     $100,000,000;
       (H) not waive or otherwise make inapplicable any 
     requirements of the License Limitation Program applicable to 
     such crab fisheries, in particular any requirements in 
     sections 679.4(k) and (l) of title 50, Code of Federal 
     Regulations;
       (I) not waive or otherwise make inapplicable any catcher 
     vessel sideboards implemented under the American Fisheries 
     Act (AFA), except that the North Pacific Fishery Management 
     Council shall recommend to the Secretary and to the State of 
     Alaska, not later than February 16, 2001, and the Secretary 
     and the State of Alaska shall implement as appropriate, 
     modifications to such sideboards to the extent necessary to 
     permit AFA catcher vessels that remain in the crab fisheries 
     to share proportionately in any increase in crab harvest 
     opportunities that accrue to all remaining AFA and non-AFA 
     catcher vessels if the fishing capacity reduction program 
     required by this section is implemented;
       (J) establish sub-amounts and repayment fees for each BSAI 
     crab fishery prosecuted under a separate endorsement for 
     repayment of the reduction loan, such that--
       (i) a reduction loan sub-amount is established for each 
     separate BSAI crab fishery (other than Norton Sound red king 
     crab or Norton Sound blue king crab) by dividing the total 
     value of the crab landed in that fishery under all reduction 
     permits by the total value of all crab landed under such 
     permits in the BSAI crab fisheries (determined using the same 
     average prices and years used under subparagraph (G)(i) of 
     this paragraph), and multiplying the reduction loan amount by 
     the percentage expressed by such ratio; and
       (ii) fish sellers who participate in the crab fishery under 
     each endorsement repay the reduction loan sub-amount 
     attributable to that fishery; and
       (K) notwithstanding section 1111(b) of the Merchant Marine 
     Act, 1936 (46 U.S.C. App. 1279f(b)(4)), establish a repayment 
     period for the reduction loan of not less than 30 years.
       (2)(A) Only persons to whom a non-interim BSAI crab license 
     and an area/species endorsement have been issued (other than 
     persons to whom only a license and an area/species 
     endorsement for Norton Sound red king crab or Norton Sound 
     blue king crab have been issued) for vessels that--
       (i) qualify under the License Limitation Program criteria 
     set forth in section 679.4 of title 50, Code of Federal 
     Regulations, and
       (ii) have made at least one landing of BSAI crab in either 
     1996, 1997, or prior to February 7 in 1998, may submit a bid 
     in the fishing capacity reduction program established by this 
     section.
       (B) After the date of enactment of this section--
       (i) no vessel 60 feet or greater in length overall may 
     participate in any BSAI crab fishery (other than for Norton 
     Sound red king crab or Norton Sound blue king crab) unless 
     such vessel meets the requirements set forth in subparagraphs 
     (A)(i) and (A)(ii) of this paragraph; and
       (ii) no vessel between 33 and 60 feet in length overall may 
     participate in any BSAI crab fishery (other than for Norton 
     Sound red king crab or Norton Sound blue king crab) unless 
     such vessel meets the requirements set forth in subparagraph 
     (A)(i) of this paragraph. Nothing in this paragraph shall be 
     construed to affect the requirements for participation in the 
     fisheries for Norton Sound red king crab or Norton Sound blue 
     king crab. The Secretary may, on a case by case basis and 
     after notice and opportunity for public comment, waive the 
     application of subparagraph (A)(ii) of this paragraph if the 
     Secretary determines such waiver is necessary to implement 
     one of the specific exemptions to the recent participation 
     requirement that were recommended by the North Pacific 
     Fishery Management Council in the record of its October, 1998 
     meeting.
       (3) The fishing capacity reduction program required under 
     this subsection shall be implemented under this subsection 
     and sections 312(b)-(e) of the Magnuson-Stevens Fishery 
     Conservation and Management Act (16 U.S.C. 1861a(b)-(e)). 
     Section 312 and the regulations found in Subpart L of Part 
     600 of title 50, Code of Federal Regulations, shall apply 
     only to the extent such section or regulations are not 
     inconsistent with or made inapplicable by the specific

[[Page H12278]]

     provisions of this subsection. Sections 600.1001, 600.1002, 
     600.1003, 600.1005, 600.1010(b), 600.1010(d)(1), 600.1011(d), 
     the last sentence of 600.1011(a), and the last sentence of 
     600.1014(f) of such Subpart shall not apply to the program 
     implemented under this subsection. The program shall be 
     deemed accepted under section 600.1004, and any time 
     period specified in Subpart L that would prevent the 
     Secretary from complying with the May 1, 2001 date 
     required by this subsection shall be modified as 
     appropriate to permit compliance with that date. The 
     referendum required for the program under this subsection 
     shall be a post-bidding referendum under section 600.1010 
     of title 50, Code of Federal Regulations.
       (4)(A) The fishing capacity reduction program required 
     under this subsection is authorized to be financed in equal 
     parts through a reduction loan of $50,000,000 under sections 
     1111 and 1112 of title XI of the Merchant Marine Act, 1936 
     (46 U.S.C. App. 1279f and 1279g) and $50,000,000 which is 
     authorized to be appropriated for the purposes of such 
     program.
       (B) Of the $1,000,000 appropriated in section 120 of 
     Division A of Public Law 105-277 for the cost of a direct 
     loan in the Bering Sea and Aleutian Islands crab fisheries--
       (i) $500,000 shall be for the cost of guaranteeing the 
     reduction loan required under subparagraph (A) of this 
     paragraph in accordance with the requirements of the Federal 
     Credit Reform Act; and
       (ii) $500,000 shall be available to the Secretary to pay 
     for the cost of implementing the fishing capacity reduction 
     program required by this subsection.
       (C) The funds described in this subsection shall remain 
     available, without fiscal year limitation, until expended. 
     Any funds not used for the fishing capacity reduction program 
     required by this subsection, whether due to a rejection by 
     referendum or otherwise, shall be available on or after 
     October 15, 2002, without fiscal year limitation, for 
     assistance to fishermen or fishing communities.
       (5)(A) The Secretary of Transportation shall, upon 
     notification and request by the Secretary, for each vessel 
     identified in such notification and request--
       (i) permanently revoke any fishery endorsement issued to 
     such vessel under section 12108 of title 46, United States 
     Code; and
       (ii) refuse to grant the approval required under section 
     9(c)(2) of the Shipping Act, 1916 (46 U.S.C. App. 808(c)(2)) 
     for the placement of such vessel under foreign registry or 
     the operation of such vessel under the authority of a foreign 
     country.
       (B) The Secretary shall, after notice and opportunity for 
     public comment, adopt final regulations not later than May 1, 
     2001 to prohibit any vessel for which a reduction permit is 
     surrendered and revoked under the fishing capacity reduction 
     program required by this section from engaging in fishing 
     activities on the high seas or under the jurisdiction of any 
     foreign country while operating under the United States flag.
       (6) The purpose of this subsection is to implement a 
     fishing capacity reduction program for the BSAI crab 
     fisheries that results in final action to permanently remove 
     harvesting capacity from such fisheries prior to December 31, 
     2001. In implementing this subsection the Secretary is 
     directed to use, to the extent practicable, information 
     collected and maintained by the State of Alaska. Any 
     requirements of the Paperwork Reduction Act, the Regulatory 
     Flexibility Act, or any Executive Order that would, in the 
     opinion of the Secretary, prevent the Secretary from meeting 
     the deadlines set forth in this subsection shall not apply to 
     the fishing capacity reduction program or the promulgation of 
     regulations to implement such program required by this 
     subsection. Nothing in this subsection shall be construed to 
     prohibit the North Pacific Fishery Management Council from 
     recommending, or the Secretary from approving, changes to any 
     Fishery Management Plan, License Limitation Program, or 
     American Fisheries Act provisions affecting catcher vessel 
     sideboards in accordance with applicable law: Provided, That 
     except as specifically provided in this subsection, such 
     Council may not recommend, and the Secretary may not approve, 
     any action that would have the effect of increasing the 
     number of vessels eligible to participate in the BSAI crab 
     fisheries after March 1, 2001.
       (e)(1) This subsection may be referred to as the ``Pribilof 
     Islands Transition Act''.
       (2) The purpose of this subsection is to complete the 
     orderly withdrawal of the National Oceanic and Atmospheric 
     Administration from the civil administration of the Pribilof 
     Islands, Alaska.
       (3) Public Law 89-702 (16 U.S.C. 1151 et seq.), popularly 
     known and referred to in this subsection as the Fur Seal Act 
     of 1966, is amended by amending section 206 (16 U.S.C. 1166) 
     to read as follows:
       ``Sec. 206. (a)(1) Subject to the availability of 
     appropriations, the Secretary shall provide financial 
     assistance to any city government, village corporation, or 
     tribal council of St. George, Alaska, or St. Paul, Alaska.
       ``(2) Notwithstanding any other provision of law relating 
     to matching funds, funds provided by the Secretary as 
     assistance under this subsection may be used by the entity as 
     non-Federal matching funds under any Federal program that 
     requires such matching funds.
       ``(3) The Secretary may not use financial assistance 
     authorized by this Act--
       ``(A) to settle any debt owed to the United States;
       ``(B) for administrative or overhead expenses; or
       ``(C) for contributions sought or required from any person 
     for costs or fees to clean up any matter that was caused or 
     contributed to by such person on or after March 15, 2000.
       ``(4) In providing assistance under this subsection the 
     Secretary shall transfer any funds appropriated to carry out 
     this section to the Secretary of the Interior, who shall 
     obligate such funds through instruments and procedures that 
     are equivalent to the instruments and procedures required to 
     be used by the Bureau of Indian Affairs pursuant to title IV 
     of the Indian Self-Determination and Education Assistance Act 
     (25 U.S.C. 450 et seq.).
       ``(5) In any fiscal year for which less than all of the 
     funds authorized under subsection (c)(1) are appropriated, 
     such funds shall be distributed under this subsection on a 
     pro rata basis among the entities referred to in subsection 
     (c)(1) in the same proportions in which amounts are 
     authorized by that subsection for grants to those entities.
       ``(b)(1) Subject to the availability of appropriations, the 
     Secretary shall provide assistance to the State of Alaska for 
     designing, locating, constructing, redeveloping, permitting, 
     or certifying solid waste management facilities on the 
     Pribilof Islands to be operated under permits issued to the 
     City of St. George and the City of St. Paul, Alaska, by the 
     State of Alaska under section 46.03.100 of the Alaska 
     Statutes.
       ``(2) The Secretary shall transfer any appropriations 
     received under paragraph (1) to the State of Alaska for the 
     benefit of rural and Native villages in Alaska for obligation 
     under section 303 of Public Law 104-182, except that 
     subsection (b) of that section shall not apply to those 
     funds.
       ``(3) In order to be eligible to receive financial 
     assistance under this subsection, not later than 180 days 
     after the date of enactment of this paragraph, each of the 
     Cities of St. Paul and St. George shall enter into a written 
     agreement with the State of Alaska under which such City 
     shall identify by its legal boundaries the tract or tracts of 
     land that such City has selected as the site for its solid 
     waste management facility and any supporting infrastructure.
       ``(c) There are authorized to be appropriated to the 
     Secretary for fiscal years 2001, 2002, 2003, 2004, and 2005--
       ``(1) for assistance under subsection (a) a total not to 
     exceed--
       ``(A) $9,000,000, for grants to the City of St. Paul;
       ``(B) $6,300,000, for grants to the Tanadgusix Corporation;
       ``(C) $1,500,000, for grants to the St. Paul Tribal 
     Council;
       ``(D) $6,000,000, for grants to the City of St. George;
       ``(E) $4,200,000, for grants to the St. George Tanaq 
     Corporation; and
       ``(F) $1,000,000, for grants to the St. George Tribal 
     Council; and
       ``(2) for assistance under subsection (b), for fiscal years 
     2001, 2002, 2003, 2004, and 2005 a total not to exceed--
       ``(A) $6,500,000 for the City of St. Paul; and
       ``(B) $3,500,000 for the City of St. George.
       ``(d) None of the funds authorized by this section may be 
     available for any activity a purpose of which is to influence 
     legislation pending before the Congress, except that this 
     subsection shall not prevent officers or employees of the 
     United States or of its departments, agencies, or commissions 
     from communicating to Members of Congress, through proper 
     channels, requests for legislation or appropriations that 
     they consider necessary for the efficient conduct of public 
     business.
       ``(e) Neither the United States nor any of its agencies, 
     officers, or employees shall have any liability under this 
     Act or any other law associated with or resulting from the 
     designing, locating, contracting for, redeveloping, 
     permitting, certifying, operating, or maintaining any solid 
     waste management facility on the Pribilof Islands as a 
     consequence of--
       ``(1) having provided assistance to the State of Alaska 
     under subsection (b); or
       ``(2) providing funds for, or planning, constructing, or 
     operating, any interim solid waste management facilities that 
     may be required by the State of Alaska before permanent solid 
     waste management facilities constructed with assistance 
     provided under subsection (b) are complete and operational.
       ``(f) Each entity which receives assistance authorized 
     under subsection (c) shall submit an audited statement 
     listing the expenditure of that assistance to the Committee 
     on Appropriations and the Committee on Resources of the House 
     of Representatives and the Committee on Appropriations and 
     the Committee on Commerce, Science, and Transportation of the 
     Senate, on the last day of fiscal years 2002, 2004, and 2006.
       ``(g) Amounts authorized under subsection (c) are intended 
     by Congress to be provided in addition to the base funding 
     appropriated to the National Oceanic and Atmospheric 
     Administration in fiscal year 2000.''.
       (4) Section 205 of the Fur Seal Act of 1966 (16 U.S.C. 
     1165) is amended--
       (A) by amending subsection (c) to read as follows:
       ``(c) Not later than 3 months after the date of the 
     enactment of the Pribilof Islands Transition Act, the 
     Secretary shall submit to the Committee on Commerce, Science, 
     and Transportation of the Senate and the Committee on 
     Resources of the House of Representatives a report that 
     includes--
       ``(1) a description of all property specified in the 
     document referred to in subsection (a) that has been conveyed 
     under that subsection;
       ``(2) a description of all Federal property specified in 
     the document referred to in subsection (a) that is going to 
     be conveyed under that subsection; and
       ``(3) an identification of all Federal property on the 
     Pribilof Islands that will be retained by the Federal 
     Government to meet its responsibilities under this Act, the 
     Convention, and any other applicable law.''; and
       (B) by striking subsection (g).

[[Page H12279]]

       (5)(A)(i) The Secretary of Commerce shall not be considered 
     to have any obligation to promote or otherwise provide for 
     the development of any form of an economy not dependent on 
     sealing on the Pribilof Islands, Alaska, including any 
     obligation under section 206 of the Fur Seal Act of 1966 (16 
     U.S.C. 1166) or section 3(c)(1)(A) of Public Law 104-91 (16 
     U.S.C. 1165 note).
       (ii) This subparagraph shall not affect any cause of action 
     under section 206 of the Fur Seal Act of 1966 (16 U.S.C. 
     1166) or section 3(c)(1)(A) of Public Law 104-91 (16 U.S.C. 
     1165 note)--
       (I) that arose before the date of the enactment of this 
     title; and
       (II) for which a judicial action is filed before the 
     expiration of the 5-year period beginning on the date of the 
     enactment of this title.
       (iii) Nothing in this subsection shall be construed to 
     imply that--
       (I) any obligation to promote or otherwise provide for the 
     development in the Pribilof Islands of any form of an economy 
     not dependent on sealing was or was not established by 
     section 206 of the Fur Seal Act of 1966 (16 U.S.C. 1166), 
     section 3(c)(1)(A) of Public Law 104-91 (16 U.S.C. 1165 
     note), or any other provision of law; or
       (II) any cause of action could or could not arise with 
     respect to such an obligation.
       (iv) Section 3(c)(1) of Public Law 104-91 (16 U.S.C. 1165 
     note) is amended by striking subparagraph (A) and 
     redesignating subparagraphs (B) through (D) in order as 
     subparagraphs (A) through (C).
       (B)(i) Subject to paragraph (5)(B)(ii), there are 
     terminated all obligations of the Secretary of Commerce and 
     the United States to--
       (I) convey property under section 205 of the Fur Seal Act 
     of 1966 (16 U.S.C. 1165); and
       (II) carry out cleanup activities, including assessment, 
     response, remediation, and monitoring, except for 
     postremedial measures such as monitoring and operation and 
     maintenance activities related to National Oceanic and 
     Atmospheric Administration administration of the Pribilof 
     Islands, Alaska, under section 3 of Public Law 104-91 (16 
     U.S.C. 1165 note) and the Pribilof Islands Environmental 
     Restoration Agreement between the National Oceanic and 
     Atmospheric Administration and the State of Alaska, signed 
     January 26, 1996.
       (ii) Paragraph (5)(B)(i) shall apply on and after the date 
     on which the Secretary of Commerce certifies that--
       (I) the State of Alaska has provided written confirmation 
     that no further corrective action is required at the sites 
     and operable units covered by the Pribilof Islands 
     Environmental Restoration Agreement between the National 
     Oceanic and Atmospheric Administration and the State of 
     Alaska, signed January 26, 1996, with the exception of 
     postremedial measures, such as monitoring and operation and 
     maintenance activities;
       (II) the cleanup required under section 3(a) of Public Law 
     104-91 (16 U.S.C. 1165 note) is complete;
       (III) the properties specified in the document referred to 
     in subsection (a) of section 205 of the Fur Seal Act of 1966 
     (16 U.S.C. 1165(a)) can be unconditionally offered for 
     conveyance under that section; and
       (IV) all amounts appropriated under section 206(c)(1) of 
     the Fur Seal Act of 1966, as amended by this title, have been 
     obligated.
       (iii)(I) On and after the date on which section 3(b)(5) of 
     Public Law 104-91 (16 U.S.C. 1165 note) is repealed pursuant 
     to subparagraph (C), the Secretary of Commerce may not seek 
     or require financial contribution by or from any local 
     governmental entity of the Pribilof Islands, any official 
     of such an entity, or the owner of land on the Pribilof 
     Islands, for cleanup costs incurred pursuant to section 
     3(a) of Public Law 104-91 (as in effect before such 
     repeal), except as provided in subparagraph (B)(iii)(II).
       (II) Subparagraph (B)(iii)(I) shall not limit the authority 
     of the Secretary of Commerce to seek or require financial 
     contribution from any person for costs or fees to clean up 
     any matter that was caused or contributed to by such person 
     on or after March 15, 2000.
       (iv) For purposes of paragraph (2)(C), the following 
     requirements shall not be considered to be conditions on 
     conveyance of property:
       (I) Any requirement that a potential transferee must allow 
     the National Oceanic and Atmospheric Administration continued 
     access to the property to conduct environmental monitoring 
     following remediation activities.
       (II) Any requirement that a potential transferee must allow 
     the National Oceanic and Atmospheric Administration access to 
     the property to continue the operation, and eventual closure, 
     of treatment facilities.
       (III) Any requirement that a potential transferee must 
     comply with institutional controls to ensure that an 
     environmental cleanup remains protective of human health or 
     the environment that do not unreasonably affect the use of 
     the property.
       (IV) Valid existing rights in the property, including 
     rights granted by contract, permit, right-of-way, or 
     easement.
       (V) The terms of the documents described in subparagraph 
     (d)(2).
       (C) Effective on the date on which the Secretary of 
     Commerce makes the certification described in subparagraph 
     (b)(2), the following provisions are repealed:
       (i) Section 205 of the Fur Seal Act of 1966 (16 U.S.C. 
     1165).
       (ii) Section 3 of Public Law 104-91 (16 U.S.C. 1165 note).
       (D)(i) Nothing in this subsection shall affect any 
     obligation of the Secretary of Commerce, or of any Federal 
     department or agency, under or with respect to any document 
     described in subparagraph (D)(ii) or with respect to any 
     lands subject to such a document.
       (ii) The documents referred to in subparagraph (D)(i) are 
     the following:
       (I) The Transfer of Property on the Pribilof Islands: 
     Description, Terms, and Conditions, dated February 10, 1984, 
     between the Secretary of Commerce and various Pribilof Island 
     entities.
       (II) The Settlement Agreement between Tanadgusix 
     Corporation and the City of St. Paul, dated January 11, 1988, 
     and approved by the Secretary of Commerce on February 23, 
     1988.
       (III) The Memorandum of Understanding between Tanadgusix 
     Corporation, Tanaq Corporation, and the Secretary of 
     Commerce, dated December 22, 1976.
       (E)(i) Except as provided in subparagraph (E)(ii), the 
     definitions set forth in section 101 of the Fur Seal Act of 
     1966 (16 U.S.C. 1151) shall apply to this paragraph.
       (ii) For purposes of this paragraph, the term ``Natives of 
     the Pribilof Islands'' includes the Tanadgusix Corporation, 
     the St. George Tanaq Corporation, and the city governments 
     and tribal councils of St. Paul and St. George, Alaska.
       (6)(A) Section 3 of Public Law 104-91 (16 U.S.C. 1165 note) 
     and the Fur Seal Act of 1966 (16 U.S.C. 1151 et seq.) are 
     amended by--
       (i) striking ``(d)'' and all that follows through the 
     heading for subsection (d) of section 3 of Public Law 104-91 
     and inserting ``SEC. 212.''; and
       (ii) moving and redesignating such subsection so as to 
     appear as section 212 of the Fur Seal Act of 1966.
       (B) Section 201 of the Fur Seal Act of 1966 (16 U.S.C. 
     1161) is amended by striking ``on such Islands'' and insert 
     ``on such property''.
       (C) The Fur Seal Act of 1966 (16 U.S.C. 1151 et seq.) is 
     amended by inserting before title I the following:
       ``Section 1. This Act may be cited as the `Fur Seal Act of 
     1966'.''.
       (7) Section 3 of Public Law 104-91 (16 U.S.C. 1165 note) is 
     amended--
       (A) by striking subsection (f) and inserting the following:
       ``(f)(1) There are authorized to be appropriated 
     $10,000,000 for each of fiscal years 2001, 2002, 2003, 2004, 
     and 2005 for the purposes of carrying out this section.
       ``(2) None of the funds authorized by this subsection may 
     be expended for the purpose of cleaning up or remediating any 
     landfills, wastes, dumps, debris, storage tanks, property, 
     hazardous or unsafe conditions, or contaminants, including 
     petroleum products and their derivatives, left by the 
     Department of Defense or any of its components on lands on 
     the Pribilof Islands, Alaska.''; and
       (B) by adding at the end the following:
       ``(g)(1) Of amounts authorized under subsection (f) for 
     each of fiscal years 2001, 2002, 2003, 2004, and 2005, the 
     Secretary may provide to the State of Alaska up to $2,000,000 
     per fiscal year to capitalize a revolving fund to be used by 
     the State for loans under this subsection.
       ``(2) The Secretary shall require that any revolving fund 
     established with amounts provided under this subsection shall 
     be used only to provide low-interest loans to Natives of the 
     Pribilof Islands to assess, respond to, remediate, and 
     monitor contamination from lead paint, asbestos, and 
     petroleum from underground storage tanks.
       ``(3) The definitions set forth in section 101 of the Fur 
     Seal Act of 1966 (16 U.S.C. 1151) shall apply to this 
     section, except that the term `Natives of the Pribilof 
     Islands' includes the Tanadgusix and Tanaq Corporations.
       ``(4) Before the Secretary may provide any funds to the 
     State of Alaska under this section, the State of Alaska and 
     the Secretary must agree in writing that, on the last day of 
     fiscal year 2011, and of each fiscal year thereafter until 
     the full amount provided to the State of Alaska by the 
     Secretary under this section has been repaid to the United 
     States, the State of Alaska shall transfer to the Treasury of 
     the United States monies remaining in the revolving fund, 
     including principal and interest paid into the revolving fund 
     as repayment of loans.''.
       (f)(1) The President, after consultation with the Governor 
     of the State of Hawaii, may designate any Northwestern 
     Hawaiian Islands coral reef or coral reef ecosystem as a 
     coral reef reserve to be managed by the Secretary of 
     Commerce.
       (2) Upon the designation of a reserve under paragraph (1) 
     by the President, the Secretary shall--
       (A) take action to initiate the designation of the reserve 
     as a National Marine Sanctuary under sections 303 and 304 of 
     the National Marine Sanctuaries Act (16 U.S.C. 1433);
       (B) establish a Northwestern Hawaiian Islands Reserve 
     Advisory Council under section 315 of that Act (16 U.S.C. 
     1445a), the membership of which shall include at least 1 
     representative from Native Hawaiian groups; and
       (C) until the reserve is designated as a National Marine 
     Sanctuary, manage the reserve in a manner consistent with the 
     purposes and policies of that Act.
       (3) Notwithstanding any other provision of law, no closure 
     areas around the Northwestern Hawaiian Islands shall become 
     permanent without adequate review and comment.
       (4) The Secretary shall work with other Federal agencies 
     and the Director of the National Science Foundation, to 
     develop a coordinated plan to make vessels and other 
     resources available for conservation or research activities 
     for the reserve.
       (5) If the Secretary has not designated a national marine 
     sanctuary in the Northwestern Hawaiian Islands under sections 
     303 and 304 of the National Marine Sanctuaries Act (16 U.S.C. 
     1433, 1434) before October 1, 2005, the Secretary shall 
     conduct a review of the management of the reserve under 
     section 304(e) of that Act (16 U.S.C. 1434(e)).
       (6) No later than 6 months after the date of enactment of 
     this Act, the Secretary shall submit a report to the Senate 
     Committee on Commerce, Science, and Transportation and the

[[Page H12280]]

     House of Representatives Committee on Resources, describing 
     actions taken to implement this subsection, including costs 
     of monitoring, enforcing, and addressing marine debris, and 
     the extent to which the fiscal or other resources necessary 
     to carry out this subsection are reflected in the Budget of 
     the United States Government submitted by the President under 
     section 1104 of title 31, United States Code.
       (7) There are authorized to be appropriated to the 
     Secretary of Commerce to carry out the provisions of this 
     subsection such sums, not exceeding $4,000,000 for each of 
     fiscal years 2001, 2002, 2003, 2004, and 2005, as are 
     reported under paragraph (5) to be reflected in the Budget of 
     the United States Government.
       (g) Section 111(b)(1) of the Sustainable Fisheries Act (16 
     U.S.C. 1855 nt) is amended by striking the last sentence and 
     inserting, ``There are authorized to be appropriated to carry 
     out this subsection $500,000 for each fiscal year.''.
       Sec. 145. (a) Section 4(b)(1) of the Department of State 
     Special Agents Retirement Act of 1998 (22 U.S.C. 4044 note; 
     Public Law 105-382; 112 Stat. 3409) is amended by inserting 
     ``or participant who was serving as of January 1, 1997'' 
     after ``employed participant''.
       (b) The amendment made by this section shall take effect on 
     January 1, 2001.
       Sec. 146. (a) Congress makes the following findings:
       (1) Total steel imports in 2000 will be over 2\1/2\ times 
     higher than in 1991, continuing the alarming trend of sharply 
     increasing steel imports over the past decade.
       (2) Unprecedented levels of steel imports flooded the 
     United States market in 1998 and 1999, causing a crisis in 
     which thousands of steelworkers were laid off and 6 steel 
     companies went bankrupt.
       (3) The domestic steel industry still has not had an 
     opportunity to recover from the 1998-1999 steel import 
     crisis, and steel imports are again causing serious injury to 
     United States steel producers and workers.
       (4) Total steel imports through August 2000 are 17 percent 
     higher than over the same period in 1999 and greater even 
     than imports over the same period in 1998, a record year.
       (5) Steel prices continue to be depressed, with hot-rolled 
     steel prices 12 percent lower in August 2000 than in the 
     first quarter of 1998, and average import customs values for 
     all steel products more than 15 percent lower over the same 
     period.
       (6) The United States Government must maintain and fully 
     enforce all existing relief against foreign unfair trade.
       (7) The United States steel industry is a clean, highly 
     efficient industry having modernized itself at great human 
     and financial cost, shedding over 330,000 jobs and investing 
     more than $50,000,000,000 over the last 20 years.
       (8) Capacity utilization in the United States steel 
     industry has fallen sharply since the beginning of the year 
     and the market capitalization and debt ratings of the major 
     United States steel firms are at precarious levels.
       (9) The Department of Commerce recently documented the 
     underlying market-distorting practices and longstanding 
     structural problems that plague the global steel trade with 
     excess capacity and cause diversion of unfairly traded 
     foreign steel to the United States.
       (10) The President recognized that unfair trade played a 
     significant role in the devastating import surge of steel and 
     recognized the need to vigorously enforce the trade laws.
       (b) Congress calls upon the President--
       (1) to take all appropriate action within his power to 
     provide relief from injury caused by steel imports; and
       (2) to immediately request the United States International 
     Trade Commission to commence an expedited investigation for 
     positive adjustment under section 201 of the Trade Act of 
     1974 of such steel imports.
       Sec. 147. Section 5(b)(1) of the Act of January 2, 1951 (15 
     U.S.C. 1175(b)(1); popularly known as the ``Johnson Act'') is 
     amended by inserting ``for a voyage or a segment of a voyage 
     that begins and ends in the State of Hawaii, or'' after 
     ``Except''.
       Sec. 148. (a) Section 312(a)(7) of the Communications Act 
     of 1934 (47 U.S.C. 312(a)(7)) is amended by inserting ``, 
     other than a non-commercial educational broadcast station,'' 
     after ``use of a broadcasting station''.
       (b) The Federal Communications Commission shall take no 
     action against any non-commercial educational broadcast 
     station which declines to carry a political advertisement.
       Sec. 149. The Small Business Innovation Research program, 
     otherwise expiring at the end of fiscal year 2000, is 
     authorized to continue in effect during fiscal year 2001.
       Sec. 150. There is hereby appropriated for payment to the 
     Ricky Ray Hemophilia Relief Fund, as provided by Public Law 
     105-369, $105,000,000, of which notwithstanding any other 
     provision of law $10,000,000 shall be for program management 
     of the Health Resources and Services Administration, to 
     remain available until expended.
       Sec. 151. (a) There is hereby appropriated to a separate 
     account to be established in the Department of Labor for 
     expenses of administering the Energy Employees Occupational 
     Illness Compensation Act, $60,400,000, to remain available 
     until expended: Provided, That the Secretary of Labor is 
     authorized to transfer to any Executive agency with authority 
     under the Energy Employees Occupational Illness Compensation 
     Act, such sums as may be necessary in FY 2001 to carry out 
     those authorities.
       (b) For purposes of the Balanced Budget and Emergency 
     Deficit Control Act of 1985, amounts appropriated under 
     subsection (a) shall be direct spending: Provided, That 
     amounts appropriated annually thereafter for such 
     administrative expenses shall be direct spending.
       Sec. 152. Treatment of Certain Cancer Hospitals. (a) In 
     General.--Section 1886(d)(1)(B)(v) of the Social Security Act 
     (42 U.S.C. 1395ww(d)(1)(B)(v)) is amended--
       (1) in subclause (I) by striking ``or'' at the end;
       (2) in subclause (II) by striking the semicolon at the end 
     and inserting ``, or''; and
       (3) by adding at the end the following:
       ``(III) a hospital that was recognized as a clinical cancer 
     research center by the National Cancer Institute of the 
     National Institutes of Health as of February 18, 1998, that 
     has never been reimbursed for inpatient hospital services 
     pursuant to a reimbursement system under a demonstration 
     project under section 1814(b), that is a freestanding 
     facility organized primarily for treatment of and research on 
     cancer and is not a unit of another hospital, that as of the 
     date of the enactment of this subclause, is licensed for 162 
     acute care beds, and that demonstrates for the 4-year period 
     ending on June 30, 1999, that at least 50 percent of its 
     total discharges have a principal finding of neoplastic 
     disease, as defined in subparagraph (E);'' and
       (b) Conforming Amendment.--Section 1886(d)(1)(E) of the 
     Social Security Act (42 U.S.C. 1395ww(d)(1)(E)) is amended by 
     striking ``For purposes of subparagraph (B)(v)(II)'' and 
     inserting ``For purposes of subclauses (II) and (III) of 
     subparagraph (B)(v)''.
       (c) Payment.--
       (1) Application to cost reporting periods.--Any 
     classification by reason of section 1886(d)(1)(B)(v)(III) of 
     the Social Security Act (as added by subsection (a)) shall 
     apply to 12-month cost reporting periods beginning on or 
     after July 1, 1999.
       (2) Base year.--Notwithstanding the provisions of section 
     1886(b)(3)(E) of such Act (42 U.S.C. 1395ww(b)(3)(E)) or 
     other provisions to the contrary, the base cost reporting 
     period for purposes of determining the target amount for any 
     hospital classified by reason of section 
     1886(d)(1)(B)(v)(III) of such Act (as added by subsection 
     (a)) shall be the 12-month cost reporting period beginning on 
     July 1, 1995.
       (3) Deadline for payments.--Any payments owed to a hospital 
     by reason of this subsection shall be made expeditiously, but 
     in no event later than 1 year after the date of the enactment 
     of this Act.
       Sec. 153. (a) Section 4(2) of the Delta Development Act (42 
     U.S.C. 3121 note; Public Law 100-460) is amended--
       (1) by inserting ``Alabama,'' before ``Arkansas'';
       (2) in paragraph (G), by striking ``and'' at the end;
       (3) in paragraph (H)--
       (A) by striking ``and'' before ``such''; and
       (B) by inserting ``and'' after the semicolon at the end; 
     and
       (4) by adding at the end the following:
       ``(I) the Alabama counties of Pickens, Greene, Sumter, 
     Choctaw, Clarke, Washington, Marengo, Hale, Perry, Wilcox, 
     Lowndes, Bullock, Macon, Barbour, Russell, and Dallas;'';
       (b) At the end of section 382A of ``The Delta Regional 
     Authority Act of 2000'' as incorporated in this Act, insert 
     the following:
       ``(4) Notwithstanding any other provision of law, the State 
     of Alabama shall be a full member of the Delta Regional 
     Authority and shall be entitled to all rights and privileges 
     that said membership affords to all other participating 
     States in the Delta Regional Authority.''.

     SEC. 154. NORTHERN WISCONSIN.

       (a) Definition of Northern Wisconsin.--In this section, the 
     term ``northern Wisconsin'' means the counties of Douglas, 
     Ashland, Bayfield, and Iron, Wisconsin.
       (b) Establishment of Program.--The Secretary of the Army 
     may establish a pilot program to provide environmental 
     assistance to non-Federal interests in northern Wisconsin.
       (c) Form of Assistance.--Assistance under this section may 
     be in the form of design and reconstruction assistance or 
     water-related environmental infrastructure and resource 
     protection and development projects in northern Wisconsin, 
     including projects for wastewater treatment and related 
     facilities, water supply and related facilities, 
     environmental restoration, and surface water resource 
     protection and development.
       (d) Public Ownership Requirement.--The Secretary may 
     provide assistance for a project under this section only if 
     the project is publicly owned.
       (e) Local Cooperation Agreement.--
       (1) In general.--Before providing assistance under this 
     section, the Secretary shall enter into a local cooperation 
     agreement with a non-Federal interest to provide for design 
     and construction of the project to be carried out with the 
     assistance.
       (2) Requirements.--Each local cooperation agreement entered 
     into under this subsection shall provide for the following:
       (A) Plan.--Development by the Secretary, in consultation 
     with appropriate Federal and State officials, of a facilities 
     or restructure protection and development plan, including 
     appropriate engineering plans and specifications.
       (B) Legal and Institutional Structures.--Establishment of 
     such legal and institutional structures as are necessary to 
     ensure the effective long-term operation of the project by 
     the non-Federal interest.
       (3) Cost sharing.--
       (A) In general.--The Federal share of project costs under 
     each local cooperation agreement entered into under this 
     subsection shall be 75 percent. The Federal share may be in 
     the form of grants or reimbursements of project costs.
       (B) Credit for design work.--The non-Federal interest shall 
     receive credit for the reasonable costs of design work 
     completed by the non-Federal interest before entering into a 
     local cooperation agreement with the Secretary for a project. 
     The credit for the design work shall not exceed 6 percent of 
     the local construction costs of the project.

[[Page H12281]]

       (C) Credit for interest.--In case of a delay in the funding 
     of the non-Federal share of the costs of a project that is 
     the subject of an agreement under this subsection, the non-
     Federal interest shall receive credit for reasonable interest 
     incurred in providing the non-Federal share of the project's 
     costs.
       (D) Land, easements, and rights-of-way credit.--The non-
     Federal interest shall receive credit for land, easements, 
     rights-of-way, and reductions toward the non-Federal share of 
     project costs (including all reasonable costs associated with 
     obtaining permits necessary for the construction, operation, 
     and maintenance of the project on publicly owned or 
     controlled land), but not to exceed 25 percent of the total 
     project costs.
       (E) Operation and maintenance.--The non-Federal share of 
     operation and maintenance costs for projects constructed with 
     assistance provided under this section shall be 100 percent.
       (f) Applicability of Other Federal And State Laws.--Nothing 
     in this section waives, limits, or otherwise affects the 
     applicability of any provision of Federal or State law that 
     would otherwise apply to a project to be carried out with 
     assistance provided under this section.
       (g) Report.--Not later than December 31, 2001, the 
     Secretary shall transmit to Congress a report on the results 
     of the pilot program carried out under this section, 
     including recommendations concerning whether the program 
     should be implemented on a national basis.
       (h) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $40,000,000. 
     Such sums shall remain available until expended.

           TITLE II--VIETNAM EDUCATION FOUNDATION ACT OF 2000

     SECTION 201. SHORT TITLE.

       This title may be cited as the ``Vietnam Education 
     Foundation Act of 2000''.

     SEC. 202. PURPOSES.

       The purposes of this title are the following:
       (1) To establish an international fellowship program under 
     which--
       (A) Vietnamese nationals can undertake graduate and post-
     graduate level studies in the sciences (natural, physical, 
     and environmental), mathematics, medicine, and technology 
     (including information technology); and
       (B) United States citizens can teach in the fields 
     specified in subparagraph (A) in appropriate Vietnamese 
     institutions.
       (2) To further the process of reconciliation between the 
     United States and Vietnam and the building of a bilateral 
     relationship serving the interests of both countries.

     SEC. 203. DEFINITIONS.

       In this title:
       (1) Board.--The term ``Board'' means the Board of Directors 
     of the Foundation.
       (2) Foundation.--The term ``Foundation'' means the Vietnam 
     Education Foundation established in section 204.
       (3) Institution of higher education.--The term 
     ``institution of higher education'' has the meaning given the 
     term in section 101(a) of the Higher Education Act of 1965 
     (20 U.S.C. 1001(a)).
       (4) United states-vietnam debt agreement.--The term 
     ``United States-Vietnam debt agreement'' means the Agreement 
     Between the Government of the United States of America and 
     the Government of the Socialist Republic of Vietnam Regarding 
     the Consolidation and Rescheduling of Certain Debts Owed to, 
     Guaranteed by, or Insured by the United States Government and 
     the Agency for International Development, dated April 7, 
     1997.

     SEC. 204. ESTABLISHMENT.

       There is established the Vietnam Education Foundation as an 
     independent establishment of the executive branch under 
     section 104 of title 5, United States Code.

     SEC. 205. BOARD OF DIRECTORS.

       (a) In General.--The Foundation shall be subject to the 
     supervision and direction of the Board of Directors, which 
     shall consist of 13 members, as follows:
       (1) Two members of the House of Representatives appointed 
     by the Speaker of the House of Representatives, one of whom 
     shall be appointed upon the recommendation of the Majority 
     Leader and one of whom shall be appointed upon the 
     recommendation of the Minority Leader, and who shall serve as 
     ex officio, nonvoting members.
       (2) Two members of the Senate, appointed by the President 
     pro tempore, one of whom shall be appointed upon the 
     recommendation of the Majority Leader and one of whom shall 
     be appointed upon the recommendation of the Minority Leader, 
     and who shall serve as ex officio, nonvoting members.
       (3) Secretary of State.
       (4) Secretary of Education.
       (5) Secretary of Treasury.
       (6) Six members to be appointed by the President from among 
     individuals in the nongovernmental sector who have academic 
     excellence or experience in the fields of concentration 
     specified in section 202(1)(A) or a general knowledge of 
     Vietnam, not less than three of whom shall be drawn from 
     academic life.
       (b) Rotation of Membership.--(1) The term of office of each 
     member appointed under subsection (a)(6) shall be 3 years, 
     except that of the members initially appointed under that 
     subsection, two shall serve for terms of one year, two shall 
     serve for terms of two years, and two shall serve for terms 
     of three years.
       (2) A member of Congress appointed under subsection (a)(1) 
     or (2) shall not serve as a member of the Board for more than 
     a total of six years.
       (c) Chair.--The Board shall elect one of the members 
     appointed under subsection (a)(6) to serve as Chair.
       (d) Meetings.--The Board shall meet upon the call of the 
     Chair but not less frequently than twice each year. A 
     majority of the voting members of the Board shall constitute 
     a quorum.
       (e) Duties.--The Board shall--
       (1) select the individuals who will be eligible to serve as 
     Fellows; and
       (2) provide overall supervision and direction of the 
     Foundation.
       (f) Compensation.--
       (1) In general.--Except as provided in paragraph (2), each 
     member of the Board shall serve without compensation, and 
     members who are officers or employees of the United States 
     shall serve without compensation in addition to that received 
     for their services as officers or employees of the United 
     States.
       (2) Travel expenses.--The members of the Board shall be 
     allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for employees of agencies 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from their homes or regular places of 
     business in the performance of service for the Board.

     SEC. 206. FELLOWSHIP PROGRAM.

       (a) Award of Fellowships.--
       (1) In general.--To carry out the purposes of this title, 
     the Foundation shall award fellowships to--
       (A) Vietnamese nationals to study at institutions of higher 
     education in the United States at graduate and post-graduate 
     levels in the following fields: physical sciences, natural 
     sciences, mathematics, environmental sciences, medicine, 
     technology, and computer sciences; and
       (B) United States citizens to teach in Vietnam in 
     appropriate Vietnamese institutions in the fields of study 
     described in subparagraph (A).
       (2) Special emphasis on scientific and technical vocabulary 
     in english.--Fellowships awarded under paragraph (1) may 
     include funding for the study of scientific and technical 
     vocabulary in English.
       (b) Criteria for Selection.--Fellowships under this title 
     shall be awarded to persons who meet the minimum criteria 
     established by the Foundation, including the following:
       (1) Vietnamese nationals.--Vietnamese candidates for 
     fellowships shall have basic English proficiency and must 
     have the ability to meet the criteria for admission into 
     graduate or post-graduate programs in United States 
     institutions of higher learning.
       (2) United states citizen teachers.--American teaching 
     candidates shall be highly competent in their fields and be 
     experienced and proficient teachers.
       (c) Implementation.--The Foundation may provide, directly 
     or by contract, for the conduct of nationwide competition for 
     the purpose of selecting recipients of fellowships awarded 
     under this section.
       (d) Authority To Award Fellowships on a Matching Basis.--
     The Foundation may require, as a condition of the 
     availability of funds for the award of a fellowship under 
     this title, that an institution of higher education make 
     available funds for such fellowship on a matching basis.
       (e) Fellowship Conditions.--A person awarded a fellowship 
     under this title may receive payments authorized under this 
     title only during such periods as the Foundation finds that 
     the person is maintaining satisfactory proficiency and 
     devoting full time to study or teaching, as appropriate, and 
     is not engaging in gainful employment other than employment 
     approved by the Foundation pursuant to regulations of the 
     Board.
       (f) Funding.--
       (1) Fiscal year 2001.--
       (A) Authorization of appropriations.--There are authorized 
     to be appropriated to the Foundation $5,000,000 for fiscal 
     year 2001 to carry out the activities of the Foundation.
       (B) Availability of funds.--Amounts appropriated pursuant 
     to subparagraph (A) are authorized to remain available until 
     expended.
       (2) Fiscal year 2002 and subsequent fiscal years.--
     Effective October 1, 2001, the Foundation shall utilize funds 
     transferred to the Foundation under section ____07.

     SEC. 207. VIETNAM DEBT REPAYMENT FUND.

       (a) Establishment.--Notwithstanding any other provision of 
     law, there is established in the Treasury a separate account 
     which shall be known as the Vietnam Debt Repayment Fund (in 
     this subsection referred to as the ``Fund'').
       (b) Deposits.--There shall be deposited as offsetting 
     receipts into the Fund all payments (including interest 
     payments) made by the Socialist Republic of Vietnam under the 
     United States-Vietnam debt agreement.
       (c) Availability of the Funds.--
       (1) Fiscal year limitation.--Beginning with fiscal year 
     2002, and each subsequent fiscal year through fiscal year 
     2018, $5,000,000 of the amounts deposited into the Fund (or 
     accrued interest) each fiscal year shall be available to the 
     Foundation, without fiscal year limitation, under paragraph 
     (2).
       (2) Disbursement of funds.--The Secretary of the Treasury, 
     at least on a quarterly basis, shall transfer to the 
     Foundation amounts allotted to the Foundation under paragraph 
     (1) for the purpose of carrying out its activities.
       (3) Transfer of excess funds to miscellaneous receipts.--
     Beginning with fiscal year 2002, and each subsequent fiscal 
     year through fiscal year 2018, the Secretary of the Treasury 
     shall withdraw from the Fund and deposit in the Treasury of 
     the United States as miscellaneous receipts all moneys in the 
     Fund in excess of amounts made available to the Foundation 
     under paragraph (1).
       (d) Annual Report.--The Board shall prepare and submit 
     annually to Congress statements of financial condition of the 
     Fund, including the beginning balance, receipts, refunds to 
     appropriations, transfers to the general fund, and the ending 
     balance.

     SEC. 208. FOUNDATION PERSONNEL MATTERS.

       (a) Appointment by Board.--There shall be an Executive 
     Secretary of the Foundation who

[[Page H12282]]

     shall be appointed by the Board without regard to the 
     provisions of title 5, United States Code, or any regulation 
     thereunder, governing appointment in the competitive service. 
     The Executive Director shall be the Chief Executive Officer 
     of the Foundation and shall carry out the functions of the 
     Foundation subject to the supervision and direction of the 
     Board. The Executive Director shall carry out such other 
     functions consistent with the provisions of this title as the 
     Board shall prescribe. The decision to employ or terminate an 
     Executive Director shall be made by an affirmative vote of at 
     least 6 of the 9 voting members of the Board.
       (b) Professional Staff.--The Executive Director shall hire 
     Foundation staff on the basis of professional and nonpartisan 
     qualifications.
       (c) Experts and Consultants.--The Executive Director may 
     procure temporary and intermittent services of experts and 
     consultants as are necessary to the extent authorized by 
     section 3109 of title 5, United States Code to carry out the 
     purposes of the Foundation.
       (d) Compensation.--The Board may fix the compensation of 
     the Executive Director and other personnel without regard to 
     the provisions of chapter 51 and subchapter III of chapter 53 
     of title V, United States Code, relating to classification of 
     positions and General Schedule pay rates, except that the 
     rate of pay for the Executive Director and other personnel 
     may not exceed the rate payable for level V of the Executive 
     Schedule under section 5316 of such title.

     SEC. 209. ADMINISTRATIVE PROVISIONS.

       (a) In General.--In order to carry out this title, the 
     Foundation may--
       (1) prescribe such regulations as it considers necessary 
     governing the manner in which its functions shall be carried 
     out;
       (2) receive money and other property donated, bequeathed, 
     or devised, without condition or restriction other than it be 
     used for the purposes of the Foundation, and to use, sell, or 
     otherwise dispose of such property for the purpose of 
     carrying out its functions;
       (3) accept and use the services of voluntary and 
     noncompensated personnel;
       (4) enter into contracts or other arrangements, or make 
     grants, to carry out the provisions of this title, and enter 
     into such contracts or other arrangements, or make such 
     grants, with the concurrence of a majority of the members of 
     the Board, without performance or other bonds and without 
     regard to section 3709 of the Revised Statutes (41 U.S.C. 5);
       (5) rent office space in the District of Columbia; and
       (6) make other necessary expenditures.
       (b) Annual Report.--The Foundation shall submit to the 
     President and to the Committee on Foreign Relations of the 
     Senate and the Committee on International Relations of the 
     House of Representatives an annual report of its operations 
     under this title.

     SEC. 210. TERMINATION.

       (a) In General.--The Foundation may not award any new 
     fellowship, or extend any existing fellowship, after 
     September 30, 2016.
       (b) Abolishment.--Effective 120 days after the expiration 
     of the last fellowship in effect under this title, the 
     Foundation is abolished.

       TITLE III--COLORADO UTE SETTLEMENT ACT AMENDMENTS OF 2000

     SECTION 301. SHORT TITLE; FINDINGS; DEFINITIONS.

       (a) Short Title.--This title may be cited as the ``Colorado 
     Ute Settlement Act Amendments of 2000''.
       (b) Findings.--Congress makes the following findings:
       (1) In order to provide for a full and final settlement of 
     the claims of the Colorado Ute Indian Tribes on the Animas 
     and La Plata Rivers, the Tribes, the State of Colorado, and 
     certain of the non-Indian parties to the Agreement have 
     proposed certain modifications to the Colorado Ute Indian 
     Water Rights Settlement Act of 1988 (Public Law 100-585; 102 
     Stat. 2973).
       (2) The claims of the Colorado Ute Indian Tribes on all 
     rivers in Colorado other than the Animas and La Plata Rivers 
     have been settled in accordance with the provisions of the 
     Colorado Ute Indian Water Rights Settlement Act of 1988 
     (Public Law 100-585; 102 Stat. 2973).
       (3) The Indian and non-Indian communities of southwest 
     Colorado and northwest New Mexico will be benefited by a 
     settlement of the tribal claims on the Animas and La Plata 
     Rivers that provides the Tribes with a firm water supply 
     without taking water away from existing uses.
       (4) The Agreement contemplated a specific timetable for the 
     delivery of irrigation and municipal and industrial water and 
     other benefits to the Tribes from the Animas-La Plata 
     Project, which timetable has not been met. The provision of 
     irrigation water can not presently be satisfied under the 
     current implementation of the Federal Water Pollution Control 
     Act (33 U.S.C. 1251 et seq.) and the Endangered Species Act 
     of 1973 (16 U.S.C. 1531 et seq.).
       (5) In order to meet the requirements of the Endangered 
     Species Act of 1973 (16 U.S.C. 1531 et seq.), and in 
     particular the various biological opinions issued by the Fish 
     and Wildlife Service, the amendments made by this title are 
     needed to provide for a significant reduction in the 
     facilities and water supply contemplated under the Agreement.
       (6) The substitute benefits provided to the Tribes under 
     the amendments made by this title, including the waiver of 
     capital costs and the provisions of funds for natural 
     resource enhancement, result in a settlement that provides 
     the Tribes with benefits that are equivalent to those that 
     the Tribes would have received under the Colorado Ute Indian 
     Water Rights Settlement Act of 1988 (Public Law 100-585; 102 
     Stat. 2973).
       (7) The requirement that the Secretary of the Interior 
     comply with the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.) and other national environmental laws 
     before implementing the proposed settlement will ensure that 
     the satisfaction of the tribal water rights is accomplished 
     in an environmentally responsible fashion.
       (8) In considering the full range of alternatives for 
     satisfying the water rights claims of the Southern Ute Indian 
     Tribe and Ute Mountain Ute Indian Tribe, Congress has held 
     numerous legislative hearings and deliberations, and reviewed 
     the considerable record including the following documents:
       (A) The Final EIS No. INT-FES-80-18, dated July 1, 1980.
       (B) The Draft Supplement to the FES No. INT-DES-92-41, 
     dated October 13, 1992.
       (C) The Final Supplemental to the FES No. 96-23, dated 
     April 26, 1996;
       (D) The Draft Supplemental EIS, dated January 14, 2000.
       (E) The Final Supplemental EIS, dated July 2000.
       (F) The Record of Decision for the Settlement of the 
     Colorado Ute Indian Waters, September 25, 2000.
       (9) In the Record of Decision referred to in paragraph 
     (8)(F), the Secretary determined that the preferred 
     alternative could only proceed if Congress amended the 
     Colorado Ute Indian Water Rights Settlement Act of 1988 
     (Public Law 100-585; 102 Stat. 2973) so as to satisfy the 
     Tribal water rights claim through the construction of the 
     features authorized by this title. The amendments to the 
     Colorado Ute Indian Water Rights Settlement Act of 1988 set 
     forth in this title will provide the Ute Tribes with 
     substitute benefits equivalent to those that the Tribes would 
     have received under the Colorado Ute Indian Water Rights 
     Settlement Act of 1988, in a manner consistent with paragraph 
     (8) and the Federal Government's trust obligation.
       (10) Based upon paragraph (8), it is the intent of Congress 
     to enact legislation that implements the Record of Decision 
     referred to in paragraph (8)(F).
       (c) Definitions.--In this title:
       (1) Agreement.--The term ``Agreement'' has the meaning 
     given that term in section 3(1) of the Colorado Ute Indian 
     Water Rights Settlement Act of 1988 (Public Law 100-585; 
     102 Stat. 2973).
       (2) Animas-la plata project.--The term ``Animas-La Plata 
     Project'' has the meaning given that term in section 3(2) of 
     the Colorado Ute Indian Water Rights Settlement Act of 1988 
     (Public Law 100-585; 102 Stat. 2973).
       (3) Dolores project.--The term ``Dolores Project'' has the 
     meaning given that term in section 3(3) of the Colorado Ute 
     Indian Water Rights Settlement Act of 1988 (Public Law 100-
     585; 102 Stat. 2974).
       (4) Tribe; tribes.--The term ``Tribe'' or ``Tribes'' has 
     the meaning given that term in section 3(6) of the Colorado 
     Ute Indian Water Rights Settlement Act of 1988 (Public Law 
     100-585; 102 Stat. 2974).

     SEC. 302. AMENDMENTS TO SECTION 6 OF THE COLORADO UTE INDIAN 
                   WATER RIGHTS SETTLEMENT ACT OF 1988.

       Subsection (a) of section 6 of the Colorado Ute Indian 
     Water Rights Settlement Act of 1988 (Public Law 100-585; 102 
     Stat. 2975) is amended to read as follows:
       ``(a) Reservoir; Municipal and Industrial Water.--
       ``(1) Facilities.--
       ``(A) In general.--After the date of enactment of this 
     subsection, but prior to January 1, 2005, or the date 
     established in the Amended Final Decree described in section 
     18(c), the Secretary, in order to settle the outstanding 
     claims of the Tribes on the Animas and La Plata Rivers, 
     acting through the Bureau of Reclamation, is specifically 
     authorized to--
       ``(i) complete construction of, and operate and maintain, a 
     reservoir, a pumping plant, a reservoir inlet conduit, and 
     appurtenant facilities with sufficient capacity to divert and 
     store water from the Animas River to provide for an average 
     annual depletion of 57,100 acre-feet of water to be used for 
     a municipal and industrial water supply, which facilities 
     shall--

       ``(I) be designed and operated in accordance with the 
     hydrologic regime necessary for the recovery of the 
     endangered fish of the San Juan River as determined by the 
     San Juan River Recovery Implementation Program;
       ``(II) be operated in accordance with the Animas-La Plata 
     Project Compact as approved by Congress in Public Law 90-537;
       ``(III) include an inactive pool of an appropriate size to 
     be determined by the Secretary following the completion of 
     required environmental compliance activities; and
       ``(IV) include those recreation facilities determined to be 
     appropriate by agreement between the State of Colorado and 
     the Secretary that shall address the payment of any of the 
     costs of such facilities by the State of Colorado in addition 
     to the costs described in paragraph (3); and

       ``(ii) deliver, through the use of the project components 
     referred to in clause (i), municipal and industrial water 
     allocations--

       ``(I) with an average annual depletion not to exceed 16,525 
     acre-feet of water, to the Southern Ute Indian Tribe for its 
     present and future needs;
       ``(II) with an average annual depletion not to exceed 
     16,525 acre-feet of water, to the Ute Mountain Ute Indian 
     Tribe for its present and future needs;
       ``(III) with an average annual depletion not to exceed 
     2,340 acre-feet of water, to the Navajo Nation for its 
     present and future needs;
       ``(IV) with an average annual depletion not to exceed 
     10,400 acre-feet of water, to the San Juan Water Commission 
     for its present and future needs;
       ``(V) with an average annual depletion of an amount not to 
     exceed 2,600 acre-feet of water, to the Animas-La Plata 
     Conservancy District for its present and future needs;
       ``(VI) with an average annual depletion of an amount not to 
     exceed 5,230 acre-feet of water, to

[[Page H12283]]

     the State of Colorado for its present and future needs; and

       ``(VII) with an average annual depletion of an amount not 
     to exceed 780 acre-feet of water, to the La Plata Conservancy 
     District of New Mexico for its present and future needs.

       ``(B) Applicability of other federal law.--The 
     responsibilities of the Secretary described in subparagraph 
     (A) are subject to the requirements of Federal laws related 
     to the protection of the environment and otherwise applicable 
     to the construction of the proposed facilities, including the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.), the Clean Water Act (42 U.S.C. 7401 et seq.), and the 
     Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). 
     Nothing in this Act shall be construed to predetermine or 
     otherwise affect the outcome of any analysis conducted by the 
     Secretary or any other Federal official under applicable 
     laws.
       ``(C) Limitation.--
       ``(i) In general.--If constructed, the facilities described 
     in subparagraph (A) shall constitute the Animas-La Plata 
     Project. Construction of any other project features 
     authorized by Public Law 90-537 shall not be commenced 
     without further express authorization from Congress.
       ``(ii) Contingency in application.--If the facilities 
     described in subparagraph (A) are not constructed and 
     operated, clause (i) shall not take effect.
       ``(2) Tribal construction costs.--Construction costs 
     allocable to the facilities that are required to deliver the 
     municipal and industrial water allocations described in 
     subclauses (I), (II) and (III) of paragraph (1)(A)(ii) shall 
     be nonreimbursable to the United States.
       ``(3) Nontribal water capital obligations.--
       ``(A) In general.--Under the provisions of section 9 of the 
     Act of August 4, 1939 (43 U.S.C. 485h), the nontribal 
     municipal and industrial water capital repayment obligations 
     for the facilities described in paragraph (1)(A)(i) may be 
     satisfied upon the payment in full of the nontribal water 
     capital obligations prior to the initiation of construction. 
     The amount of the obligations described in the preceding 
     sentence shall be determined by agreement between the 
     Secretary of the Interior and the entity responsible for such 
     repayment as to the appropriate reimbursable share of the 
     construction costs allocated to that entity's municipal water 
     storage. Such repayment shall be consistent with Federal 
     reclamation law, including the Colorado River Storage Project 
     Act of 1956 (43 U.S.C. 620 et seq.). Such agreement shall 
     take into account the fact that the construction of certain 
     project facilities, including those facilities required to 
     provide irrigation water supplies from the Animas-La Plata 
     Project, is not authorized under paragraph (1)(A)(i) and no 
     costs associated with the design or development of such 
     facilities, including costs associated with environmental 
     compliance, shall be allocable to the municipal and 
     industrial users of the facilities authorized under such 
     paragraph.
       ``(B) Nontribal repayment obligation subject to final cost 
     allocation.--The nontribal repayment obligation set forth in 
     subparagraph (A) shall be subject to a final cost allocation 
     by the Secretary upon project completion. In the event that 
     the final cost allocation indicates that additional repayment 
     is warranted based on the applicable entity's share of 
     project water storage and determination of overall 
     reimbursable cost, that entity may elect to enter into a new 
     agreement to make the additional payment necessary to secure 
     the full water supply identified in paragraph (1)(A)(ii). If 
     the repayment entity elects not to enter into a new 
     agreement, the portion of project storage relinquished by 
     such election shall be available to the Secretary for 
     allocation to other project purposes. Additional repayment 
     shall only be warranted for reasonable and unforeseen costs 
     associated with project construction as determined by the 
     Secretary in consultation with the relevant repayment 
     entities.
       ``(C) Report.--Not later than April 1, 2001, the Secretary 
     shall report to Congress on the status of the cost-share 
     agreements contemplated in subparagraph (A). In the event 
     that no agreement is reached with either the Animas-La Plata 
     Conservancy District or the State of Colorado for the water 
     allocations set forth in subclauses (V) and (VI) of 
     paragraph (1)(A)(ii), those allocations shall be 
     reallocated equally to the Colorado Ute Tribes.
       ``(4) Tribal water allocations.--
       ``(A) In general.--With respect to municipal and industrial 
     water allocated to a Tribe from the Animas-La Plata Project 
     or the Dolores Project, until that water is first used by a 
     Tribe or used pursuant to a water use contract with the 
     Tribe, the Secretary shall pay the annual operation, 
     maintenance, and replacement costs allocable to that 
     municipal and industrial water allocation of the Tribe.
       ``(B) Treatment of costs.--A Tribe shall not be required to 
     reimburse the Secretary for the payment of any cost referred 
     to in subparagraph (A).
       ``(5) Repayment of pro rata share.--Upon a Tribe's first 
     use of an increment of a municipal and industrial water 
     allocation described in paragraph (4), or the Tribe's first 
     use of such water pursuant to the terms of a water use 
     contract--
       ``(A) repayment of that increment's pro rata share of those 
     allocable construction costs for the Dolores Project shall be 
     made by the Tribe; and
       ``(B) the Tribe shall bear a pro rata share of the 
     allocable annual operation, maintenance, and replacement 
     costs of the increment as referred to in paragraph (4).''.

     SEC. 303. MISCELLANEOUS.

       The Colorado Ute Indian Water Rights Settlement Act of 1988 
     (Public Law 100-585; 102 Stat. 2973) is amended by adding at 
     the end the following:

     ``SEC. 15. NEW MEXICO AND NAVAJO NATION WATER
                   MATTERS.

       ``(a) Assignment of Water Permit.--Upon the request of the 
     State Engineer of the State of New Mexico, the Secretary 
     shall, as soon as practicable, in a manner consistent with 
     applicable law, assign, without consideration, to the New 
     Mexico Animas-La Plata Project beneficiaries or to the New 
     Mexico Interstate Stream Commission in accordance with the 
     request of the State Engineer, the Department of the 
     Interior's interest in New Mexico State Engineer Permit 
     Number 2883, dated May 1, 1956, in order to fulfill the New 
     Mexico non-Navajo purposes of the Animas-La Plata Project, so 
     long as the permit assignment does not affect the application 
     of the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.) to the use of the water involved.
       ``(b) Navajo Nation Municipal Pipeline.--The Secretary is 
     specifically authorized to construct a water line to augment 
     the existing system that conveys the municipal water 
     supplies, in an amount not less than 4,680 acre-feet per 
     year, to the Navajo Indian Reservation at or near Shiprock, 
     New Mexico. The Secretary shall comply with all applicable 
     environmental laws with respect to such water line. 
     Construction costs allocated to the Navajo Nation for such 
     water line shall be nonreimbursable to the United States.
       ``(c) Protection of Navajo Water Claims.--Nothing in this 
     Act, including the permit assignment authorized by subsection 
     (a), shall be construed to quantify or otherwise adversely 
     affect the water rights and the claims of entitlement to 
     water of the Navajo Nation.

     ``SEC. 16. RESOURCE FUNDS.

       ``(a) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section, $8,000,000 for 
     each of fiscal years 2002 through 2006. Not later than 60 
     days after amounts are appropriated and available to the 
     Secretary for a fiscal year under this paragraph, the 
     Secretary shall make a payment to each of the Tribal Resource 
     Funds established under subsection (b). Each such payment 
     shall be equal to 50 percent of the amount appropriated for 
     the fiscal year involved.
       ``(b) Funds.--The Secretary shall establish a--
       ``(1) Southern Ute Tribal Resource Fund; and
       ``(2) Ute Mountain Ute Tribal Resource Fund.
       ``(c) Tribal Development.--
       ``(1) Investment.--The Secretary shall, in the absence of 
     an approved tribal investment plan provided for under 
     paragraph (2), invest the amount in each Tribal Resource Fund 
     established under subsection (b) in accordance with the Act 
     entitled, `An Act to authorize the deposit and investment of 
     Indian funds' approved June 24, 1938 (25 U.S.C. 162a). With 
     the exception of the funds referred to in paragraph 
     (3)(B)(i), the Secretary shall disburse, at the request of a 
     Tribe, the principal and income in its Resource Fund, or any 
     part thereof, in accordance with a resource acquisition and 
     enhancement plan approved under paragraph (3).
       ``(2) Investment plan.--
       ``(A) In general.--In lieu of the investment provided for 
     in paragraph (1), a Tribe may submit a tribal investment plan 
     applicable to all or part of the Tribe's Tribal Resource 
     Fund, except with respect to the funds referred to in 
     paragraph (3)(B)(i).
       ``(B) Approval.--Not later than 60 days after the date on 
     which an investment plan is submitted under subparagraph (A), 
     the Secretary shall approve such investment plan if the 
     Secretary finds that the plan is reasonable and sound. If the 
     Secretary does not approve such investment plan, the 
     Secretary shall set forth in writing and with particularity 
     the reasons for such disapproval. If such investment plan is 
     approved by the Secretary, the Tribal Resource Fund involved 
     shall be disbursed to the Tribe to be invested by the Tribe 
     in accordance with the approved investment plan, subject to 
     subsection (d).
       ``(C) Compliance.--The Secretary may take such steps as the 
     Secretary determines to be necessary to monitor the 
     compliance of a Tribe with an investment plan approved under 
     subparagraph (B). The United States shall not be responsible 
     for the review, approval, or audit of any individual 
     investment under the plan. The United States shall not be 
     directly or indirectly liable with respect to any such 
     investment, including any act or omission of the Tribe in 
     managing or investing such funds.
       ``(D) Economic development plan.--The principal and income 
     derived from tribal investments under an investment plan 
     approved under subparagraph (B) shall be subject to the 
     provisions of this section and shall be expended only in 
     accordance with an economic development plan approved under 
     paragraph (3)(B).
       ``(3) Economic development plan.--
       ``(A) In general.--Each Tribe shall submit to the Secretary 
     a resource acquisition and enhancement plan for all or any 
     portion of its Tribal Resource Fund.
       ``(B) Approval.--Not later than 60 days after the date on 
     which a plan is submitted under subparagraph (A), the 
     Secretary shall approve such plan if it is consistent with 
     the following requirements:
       ``(i) With respect to at least \3/4\ of the funds 
     appropriated pursuant to this section and consistent with the 
     long-standing practice of the Tribes and other local entities 
     and communities to work together to use their respective 
     water rights and resources for mutual benefit, at least \3/4\ 
     of the funds appropriated pursuant to this section shall be 
     utilized to enhance, restore, and utilize the Tribes' natural 
     resources in partnership with adjacent non-Indian communities 
     or entities in the area.
       ``(ii) The plan must be reasonably related to the 
     protection, acquisition, enhancement, or development of 
     natural resources for the benefit of the Tribe and its 
     members.

[[Page H12284]]

       ``(iii) Notwithstanding any other provision of law and in 
     order to ensure that the Federal Government fulfills the 
     objectives of the Record of Decision referred to in section 
     301(b)(8)(F) of the Colorado Ute Settlement Act Amendments of 
     2000 by requiring that the funds referred to in clause (i) 
     are expended directly by employees of the Federal Government, 
     the Secretary acting through the Bureau of Reclamation shall 
     expend not less than \1/3\ of the funds referred to in clause 
     (i) for municipal or rural water development and not less 
     than \2/3\ of the funds referred to such clause for resource 
     acquisition and enhancement.
       ``(C) Modification.--Subject to the provisions of this Act 
     and the approval of the Secretary, each Tribe may modify a 
     plan approved under subparagraph (B).
       ``(D) Liability.--The United States shall not be directly 
     or indirectly liable for any claim or cause of action arising 
     from the approval of a plan under this paragraph, or from the 
     use and expenditure by the Tribe of the principal or interest 
     of the Funds.
       ``(d) Limitation on Per Capita Distributions.--No part of 
     the principal contained in the Tribal Resource Fund, or of 
     the income accruing to such funds, or the revenue from any 
     water use contract, shall be distributed to any member of 
     either Tribe on a per capita basis.
       ``(e) Limitation on Setting Aside Final Consent Decree.--
     Neither the Tribes nor the United States shall have the right 
     to set aside the final consent decree solely because the 
     requirements of subsection (c) are not complied with or 
     implemented.
       ``(f) Limitation on Disbursement of Tribal Resource 
     Funds.--Any funds appropriated under this section shall be 
     placed into the Southern Ute Tribal Resource Fund and the Ute 
     Mountain Ute Tribal Resource Fund in the Treasury of the 
     United States but shall not be available for disbursement 
     under this section until the final settlement of the tribal 
     claims as provided in section 18. The Secretary of the 
     Interior may, in the Secretary's sole discretion, authorize 
     the disbursement of funds prior to the final settlement in 
     the event that the Secretary determines that substantial 
     portions of the settlement have been completed. In the event 
     that the funds are not disbursed under the terms of this 
     section by December 31, 2012, such funds shall be deposited 
     in the general fund of the Treasury.

     ``SEC. 17. COLORADO UTE SETTLEMENT FUND.

       ``(a) Establishment of Fund.--There is hereby established 
     within the Treasury of the United States a fund to be known 
     as the `Colorado Ute Settlement Fund'.
       ``(b) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Colorado Ute Settlement Fund such 
     funds as are necessary to complete the construction of the 
     facilities described in sections 6(a)(1)(A) and 15(b) within 
     7 years of the date of enactment of this section. Such funds 
     are authorized to be appropriated for each of the first 5 
     fiscal years beginning with the first full fiscal year 
     following the date of enactment of this section.

     ``SEC. 18. FINAL SETTLEMENT.

       ``(a) In General.--The construction of the facilities 
     described in section 6(a)(1)(A), the allocation of the water 
     supply from those facilities to the Tribes as described in 
     that section, and the provision of funds to the Tribes in 
     accordance with section 16 and the issuance of an amended 
     final consent decree as contemplated in subsection (c) shall 
     constitute final settlement of the tribal claims to water 
     rights on the Animas and La Plata Rivers in the State of 
     Colorado.
       ``(b) Statutory Construction.--Nothing in this section 
     shall be construed to affect the right of the Tribes to water 
     rights on the streams and rivers described in the Agreement, 
     other than the Animas and La Plata Rivers, to receive the 
     amounts of water dedicated to tribal use under the Agreement, 
     or to acquire water rights under the laws of the State of 
     Colorado.
       ``(c) Action by the Attorney General.--The Attorney General 
     shall file with the District Court, Water Division Number 7, 
     of the State of Colorado, such instruments as may be 
     necessary to request the court to amend the final consent 
     decree to provide for the amendments made to this Act under 
     the Colorado Ute Indian Water Rights Settlement Act 
     Amendments of 2000. The amended final consent decree shall 
     specify terms and conditions to provide for an extension of 
     the current January 1, 2005, deadline for the Tribes to 
     commence litigation of their reserved rights claims on the 
     Animas and La Plata Rivers.

     ``SEC. 19. STATUTORY CONSTRUCTION; TREATMENT OF CERTAIN 
                   FUNDS.

       ``(a) In General.--Nothing in the amendments made by the 
     Colorado Ute Settlement Act Amendments of 2000 shall be 
     construed to affect the applicability of any provision of 
     this Act.
       ``(b) Treatment of Uncommitted Portion of Cost-Sharing 
     Obligation.--The uncommitted portion of the cost-sharing 
     obligation of the State of Colorado referred to in section 
     6(a)(3) shall be made available, upon the request of the 
     State of Colorado, to the State of Colorado after the date on 
     which payment is made of the amount specified in that 
     section.''.

                                TITLE IV

     SECTION 401. DESIGNATION OF AMERICAN MUSEUM OF SCIENCE AND 
                   ENERGY.  

       (a) In General.--The Museum--
       (1) is designated as the ``American Museum of Science and 
     Energy''; and
       (2) shall be the official museum of science and energy of 
     the United States.
       (b) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     Museum is deemed to be a reference to the ``American Museum 
     of Science and Energy''.
       (c) Property of the United States.--
       (1) In general.--The name ``American Museum of Science and 
     Energy'' is declared the property of the United States.
       (2) Use.--The Museum shall have the sole right throughout 
     the United States and its possessions to have and use the 
     name ``American Museum of Science and Energy''.
       (3) Effect on other rights.--This subsection shall not be 
     construed to conflict or interfere with established or vested 
     rights.

     SEC. 402. AUTHORITY.

       To carry out the activities of the Museum, the Secretary 
     may--
       (1) accept and dispose of any gift, devise, or bequest of 
     services or property, real or personal, that is--
       (A) designated in a written document by the person making 
     the gift, devise, or bequest as intended for the Museum; and
       (B) determined by the Secretary to be suitable and 
     beneficial for use by the Museum;
       (2) operate a retail outlet on the premises of the Museum 
     for the purpose of selling or distributing items (including 
     mementos, food, educational materials, replicas, and 
     literature) that are--
       (A) relevant to the contents of the Museum; and
       (B) informative, educational, and tasteful;
       (3) collect reasonable fees where feasible and appropriate;
       (4) exhibit, perform, display, and publish materials and 
     information of or relating to the Museum in any media or 
     place;
       (5) consistent with guidelines approved by the Secretary, 
     lease space on the premises of the Museum at reasonable rates 
     and for uses consistent with such guidelines; and
       (6) use the proceeds of activities authorized under this 
     section to pay the costs of the Museum.

     SEC. 403. MUSEUM VOLUNTEERS.

       (a) Authority To Use Volunteers.--The Secretary may 
     recruit, train, and accept the services of individuals or 
     entities as volunteers for services or activities related to 
     the Museum.
       (b) Status of Volunteers.--
       (1) In general.--Except as provided in paragraph (2), 
     service by a volunteer under subsection (a) shall not be 
     considered Federal employment.
       (2) Exceptions.--
       (A) Federal tort claims act.--For purposes of chapter 171 
     of title 28, United States Code, a volunteer under subsection 
     (a) shall be treated as an employee of the Government (as 
     defined in section 2671 of that title).
       (B) Compensation for work injuries.--For purposes of 
     subchapter I of chapter 81 of title 5, United States Code, a 
     volunteer described in subsection (a) shall be treated as an 
     employee (as defined in section 8101 of title 5, United 
     States Code).
       (c) Compensation.--A volunteer under subsection (a) shall 
     serve without pay, but may receive nominal awards and 
     reimbursement for incidental expenses, including expenses for 
     a uniform or transportation in furtherance of Museum 
     activities.

     SEC. 404. DEFINITIONS.

       For purposes of this Act:
       (1) Museum.--The term ``Museum'' means the museum operated 
     by the Secretary of Energy and located at 300 South Tulane 
     Avenue in Oak Ridge, Tennessee.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy or a designated representative of the Secretary.

                TITLE V--LOWER MISSISSIPPI RIVER REGION

     SEC. 501. SHORT TITLE.

       This title may be cited as the ``Delta Regional Authority 
     Act of 2000''.

     SEC. 502. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) the lower Mississippi River region (referred to in this 
     title as the ``region''), though rich in natural and human 
     resources, lags behind the rest of the United States in 
     economic growth and prosperity;
       (2) the region suffers from a greater proportion of 
     measurable poverty and unemployment than any other region of 
     the United States;
       (3) the greatest hope for economic growth and 
     revitalization in the region lies in the development of 
     transportation infrastructure, creation of jobs, expansion of 
     businesses, and development of entrepreneurial local 
     economies;
       (4) the economic progress of the region requires an 
     adequate transportation and physical infrastructure, a 
     skilled and trained workforce, and greater opportunities for 
     enterprise development and entrepreneurship;
       (5) a concerted and coordinated effort among Federal, 
     State, and local agencies, the private sector, and nonprofit 
     groups is needed if the region is to achieve its full 
     potential for economic development;
       (6) economic development planning on a regional or 
     multicounty basis offers the best prospect for achieving the 
     maximum benefit from public and private investments; and
       (7) improving the economy of the region requires a special 
     emphasis on areas of the region that are most economically 
     distressed.
       (b) Purposes.--The purposes of this title are--
       (1) to promote and encourage the economic development of 
     the region--
       (A) to ensure that the communities and people in the region 
     have the opportunity for economic development; and
       (B) to ensure that the economy of the region reaches 
     economic parity with that of the rest of the United States;
       (2) to establish a formal framework for joint Federal-State 
     collaboration in meeting and focusing national attention on 
     the economic development needs of the region;
       (3) to assist the region in obtaining the transportation 
     and basic infrastructure, skills training, and opportunities 
     for economic development that are essential for strong local 
     economies;

[[Page H12285]]

       (4) to foster coordination among all levels of government, 
     the private sector, and nonprofit groups in crafting common 
     regional strategies that will lead to broader economic 
     growth;
       (5) to strengthen efforts that emphasize regional 
     approaches to economic development and planning;
       (6) to encourage the participation of interested citizens, 
     public officials, agencies, and others in developing and 
     implementing local and regional plans for broad-based 
     economic and community development; and
       (7) to focus special attention on areas of the region that 
     suffer from the greatest economic distress.

     SEC. 503. DELTA REGIONAL AUTHORITY.

       The Consolidated Farm and Rural Development Act (7 U.S.C. 
     1921 et seq.) is amended by adding at the end the following:

                 ``Subtitle F--Delta Regional Authority

     ``SEC. 382A. DEFINITIONS.

       ``In this subtitle:
       ``(1) Authority.--The term `Authority' means the Delta 
     Regional Authority established by section 382B.
       ``(2) Region.--The term `region' means the Lower 
     Mississippi (as defined in section 4 of the Delta Development 
     Act (42 U.S.C. 3121 note; Public Law 100-460)).
       ``(3) Federal grant program.--The term `Federal grant 
     program' means a Federal grant program to provide assistance 
     in--
       ``(A) acquiring or developing land;
       ``(B) constructing or equipping a highway, road, bridge, or 
     facility; or
       ``(C) carrying out other economic development activities.

     ``SEC. 382B. DELTA REGIONAL AUTHORITY.

       ``(a) Establishment.--
       ``(1) In general.--There is established the Delta Regional 
     Authority.
       ``(2) Composition.--The Authority shall be composed of--
       ``(A) a Federal member, to be appointed by the President, 
     with the advice and consent of the Senate; and
       ``(B) the Governor (or a designee of the Governor) of each 
     State in the region that elects to participate in the 
     Authority.
       ``(3) Cochairpersons.--The Authority shall be headed by--
       ``(A) the Federal member, who shall serve--
       ``(i) as the Federal cochairperson; and
       ``(ii) as a liaison between the Federal Government and the 
     Authority; and
       ``(B) a State cochairperson, who--
       ``(i) shall be a Governor of a participating State in the 
     region; and
       ``(ii) shall be elected by the State members for a term of 
     not less than 1 year.
       ``(b) Alternate Members.--
       ``(1) State alternates.--The State member of a 
     participating State may have a single alternate, who shall 
     be--
       ``(A) a resident of that State; and
       ``(B) appointed by the Governor of the State.
       ``(2) Alternate federal cochairperson.--The President shall 
     appoint an alternate Federal cochairperson.
       ``(3) Quorum.--A State alternate shall not be counted 
     toward the establishment of a quorum of the Authority in any 
     instance in which a quorum of the State members is required 
     to be present.
       ``(4) Delegation of power.--No power or responsibility of 
     the Authority specified in paragraphs (2) and (3) of 
     subsection (c), and no voting right of any Authority member, 
     shall be delegated to any person--
       ``(A) who is not a Authority member; or
       ``(B) who is not entitled to vote in Authority meetings.
       ``(c) Voting.--
       ``(1) In general.--A decision by the Authority shall 
     require a majority vote of the Authority (not including any 
     member representing a State that is delinquent under 
     subsection (g)(2)(C)) to be effective.
       ``(2) Quorum.--A quorum of State members shall be required 
     to be present for the Authority to make any policy decision, 
     including--
       ``(A) a modification or revision of a Authority policy 
     decision;
       ``(B) approval of a State or regional development plan; and
       ``(C) any allocation of funds among the States.
       ``(3) Project and grant proposals.--The approval of project 
     and grant proposals shall be--
       ``(A) a responsibility of the Authority; and
       ``(B) conducted in accordance with section 382I.
       ``(4) Voting by alternate members.--An alternate member 
     shall vote in the case of the absence, death, disability, 
     removal, or resignation of the Federal or State 
     representative for which the alternate member is an 
     alternate.
       ``(d) Duties.--The Authority shall--
       ``(1) develop, on a continuing basis, comprehensive and 
     coordinated plans and programs to establish priorities and 
     approve grants for the economic development of the region, 
     giving due consideration to other Federal, State, and local 
     planning and development activities in the region;
       ``(2) not later than 220 days after the date of enactment 
     of this subtitle, establish priorities in a development plan 
     for the region (including 5-year regional outcome targets);
       ``(3) assess the needs and assets of the region based on 
     available research, demonstrations, investigations, 
     assessments, and evaluations of the region prepared by 
     Federal, State, and local agencies, universities, local 
     development districts, and other nonprofit groups;
       ``(4) formulate and recommend to the Governors and 
     legislatures of States that participate in the Authority 
     forms of interstate cooperation;
       ``(5) work with State and local agencies in developing 
     appropriate model legislation;
       ``(6)(A) enhance the capacity of, and provide support for, 
     local development districts in the region; or
       ``(B) if no local development district exists in an area in 
     a participating State in the region, foster the creation of a 
     local development district;
       ``(7) encourage private investment in industrial, 
     commercial, and other economic development projects in the 
     region; and
       ``(8) cooperate with and assist State governments with 
     economic development programs of participating States.
       ``(e) Administration.--In carrying out subsection (d), the 
     Authority may--
       ``(1) hold such hearings, sit and act at such times and 
     places, take such testimony, receive such evidence, and print 
     or otherwise reproduce and distribute a description of the 
     proceedings and reports on actions by the Authority as the 
     Authority considers appropriate;
       ``(2) authorize, through the Federal or State co-
     chairperson or any other member of the Authority designated 
     by the Authority, the administration of oaths if the 
     Authority determines that testimony should be taken or 
     evidence received under oath; and
       ``(3) request from any Federal, State, or local department 
     or agency such information as may be available to or 
     procurable by the department or agency that may be of use to 
     the Authority in carrying out duties of the Authority;
       ``(4) adopt, amend, and repeal bylaws and rules governing 
     the conduct of Authority business and the performance of 
     Authority duties;
       ``(5) request the head of any Federal department or agency 
     to detail to the Authority such personnel as the Authority 
     requires to carry out duties of the Authority, each such 
     detail to be without loss of seniority, pay, or other 
     employee status;
       ``(6) request the head of any State department or agency or 
     local government to detail to the Authority such personnel as 
     the Authority requires to carry out duties of the Authority, 
     each such detail to be without loss of seniority, pay, or 
     other employee status;
       ``(7) provide for coverage of Authority employees in a 
     suitable retirement and employee benefit system by--
       ``(A) making arrangements or entering into contracts with 
     any participating State government; or
       ``(B) otherwise providing retirement and other employee 
     benefit coverage;
       ``(8) accept, use, and dispose of gifts or donations of 
     services or real, personal, tangible, or intangible property;
       ``(9) enter into and perform such contracts, leases, 
     cooperative agreements, or other transactions as are 
     necessary to carry out Authority duties, including any 
     contracts, leases, or cooperative agreements with--
       ``(A) any department, agency, or instrumentality of the 
     United States;
       ``(B) any State (including a political subdivision, agency, 
     or instrumentality of the State); or
       ``(C) any person, firm, association, or corporation; and
       ``(10) establish and maintain a central office and field 
     offices at such locations as the Authority may select.
       ``(f) Federal Agency Cooperation.--A Federal agency shall--
       ``(1) cooperate with the Authority; and
       ``(2) provide, on request of the Federal cochairperson, 
     appropriate assistance in carrying out this subtitle, in 
     accordance with applicable Federal laws (including 
     regulations).
       ``(g) Administrative Expenses.--
       ``(1) In general.--Administrative expenses of the Authority 
     (except for the expenses of the Federal cochairperson, 
     including expenses of the alternate and staff of the Federal 
     cochairperson, which shall be paid solely by the Federal 
     Government) shall be paid--
       ``(A) by the Federal Government, in an amount equal to 50 
     percent of the administrative expenses; and
       ``(B) by the States in the region participating in the 
     Authority, in an amount equal to 50 percent of the 
     administrative expenses.
       ``(2) State share.--
       ``(A) In general.--The share of administrative expenses of 
     the Authority to be paid by each State shall be determined by 
     the Authority.
       ``(B) No federal participation.--The Federal cochairperson 
     shall not participate or vote in any decision under 
     subparagraph (A).
       ``(C) Delinquent states.--If a State is delinquent in 
     payment of the State's share of administrative expenses of 
     the Authority under this subsection--
       ``(i) no assistance under this subtitle shall be furnished 
     to the State (including assistance to a political subdivision 
     or a resident of the State); and
       ``(ii) no member of the Authority from the State shall 
     participate or vote in any action by the Authority.
       ``(h) Compensation.--
       ``(1) Federal cochairperson.--The Federal cochairperson 
     shall be compensated by the Federal Government at level III 
     of the Executive Schedule in subchapter II of chapter 53 of 
     title V, United States Code.
       ``(2) Alternate federal cochairperson.--The alternate 
     Federal cochairperson--
       ``(A) shall be compensated by the Federal Government at 
     level V of the Executive Schedule described in paragraph (1); 
     and
       ``(B) when not actively serving as an alternate for the 
     Federal cochairperson, shall perform such functions and 
     duties as are delegated by the Federal cochairperson.
       ``(3) State members and alternates.--
       ``(A) In general.--A State shall compensate each member and 
     alternate representing the State on the Authority at the rate 
     established by law of the State.
       ``(B) No additional compensation.--No State member or 
     alternate member shall receive any salary, or any 
     contribution to or supplementation of salary from any source 
     other than the State for services provided by the member or 
     alternate to the Authority.

[[Page H12286]]

       ``(4) Detailed employees.--
       ``(A) In general.--No person detailed to serve the 
     Authority under subsection (e)(6) shall receive any salary or 
     any contribution to or supplementation of salary for services 
     provided to the Authority from--
       ``(i) any source other than the State, local, or 
     intergovernmental department or agency from which the person 
     was detailed; or
       ``(ii) the Authority.
       ``(B) Violation.--Any person that violates this paragraph 
     shall be fined not more than $5,000, imprisoned not more than 
     1 year, or both.
       ``(C) Applicable law.--The Federal cochairperson, the 
     alternate Federal cochairperson, and any Federal officer or 
     employee detailed to duty on the Authority under subsection 
     (e)(5) shall not be subject to subparagraph (A), but shall 
     remain subject to sections 202 through 209 of title 18, 
     United States Code.
       ``(5) Additional personnel.--
       ``(A) Compensation.--
       ``(i) In general.--The Authority may appoint and fix the 
     compensation of an executive director and such other 
     personnel as are necessary to enable the Authority to carry 
     out the duties of the Authority.
       ``(ii) Exception.--Compensation under clause (i) shall not 
     exceed the maximum rate for the Senior Executive Service 
     under section 5382 of title 5, United States Code, including 
     any applicable locality-based comparability payment that may 
     be authorized under section 5304(h)(2)(C) of that title.
       ``(B) Executive director.--The executive director shall be 
     responsible for--
       ``(i) the carrying out of the administrative duties of the 
     Authority;
       ``(ii) direction of the Authority staff; and
       ``(iii) such other duties as the Authority may assign.
       ``(C) No federal employee status.--No member, alternate, 
     officer, or employee of the Authority (except the Federal 
     cochairperson of the Authority, the alternate and staff for 
     the Federal cochairperson, and any Federal employee detailed 
     to the Authority under subsection (e)(5)) shall be considered 
     to be a Federal employee for any purpose.
       ``(i) Conflicts of Interest.--
       ``(1) In general.--Except as provided under paragraph (2), 
     no State member, alternate, officer, or employee of the 
     Authority shall participate personally and substantially as a 
     member, alternate, officer, or employee of the Authority, 
     through decision, approval, disapproval, recommendation, the 
     rendering of advice, investigation, or otherwise, in any 
     proceeding, application, request for a ruling or other 
     determination, contract, claim, controversy, or other matter 
     in which, to knowledge of the member, alternate, officer, or 
     employee--
       ``(A) the member, alternate, officer, or employee;
       ``(B) the spouse, minor child, partner, or organization 
     (other than a State or political subdivision of the State) of 
     the member, alternate, officer, or employee, in which the 
     member, alternate, officer, or employee is serving as 
     officer, director, trustee, partner, or employee; or
       ``(C) any person or organization with whom the member, 
     alternate, officer, or employee is negotiating or has any 
     arrangement concerning prospective employment;
       has a financial interest.
       ``(2) Disclosure.--Paragraph (1) shall not apply if the 
     State member, alternate, officer, or employee--
       ``(A) immediately advises the Authority of the nature and 
     circumstances of the proceeding, application, request for a 
     ruling or other determination, contract, claim, controversy, 
     or other particular matter presenting a potential conflict of 
     interest;
       ``(B) makes full disclosure of the financial interest; and
       ``(C) before the proceeding concerning the matter 
     presenting the conflict of interest, receives a written 
     determination by the Authority that the interest is not so 
     substantial as to be likely to affect the integrity of the 
     services that the Authority may expect from the State member, 
     alternate, officer, or employee.
       ``(3) Violation.--Any person that violates this subsection 
     shall be fined not more than $10,000, imprisoned not more 
     than 2 years, or both.
       ``(j) Validity of Contracts, Loans, and Grants.--The 
     Authority may declare void any contract, loan, or grant of or 
     by the Authority in relation to which the Authority 
     determines that there has been a violation of any provision 
     under subsection (h)(4), subsection (i), or sections 202 
     through 209 of title 18, United States Code.

     ``SEC. 382C. ECONOMIC AND COMMUNITY DEVELOPMENT GRANTS.

       ``(a) In General.--The Authority may approve grants to 
     States and public and nonprofit entities for projects, 
     approved in accordance with section 382I--
       ``(1) to develop the transportation infrastructure of the 
     region for the purpose of facilitating economic development 
     in the region (except that grants for this purpose may only 
     be made to a State or local government);
       ``(2) to assist the region in obtaining the job training, 
     employment-related education, and business development (with 
     an emphasis on entrepreneurship) that are needed to build and 
     maintain strong local economies;
       ``(3) to provide assistance to severely distressed and 
     underdeveloped areas that lack financial resources for 
     improving basic public services;
       ``(4) to provide assistance to severely distressed and 
     underdeveloped areas that lack financial resources for 
     equipping industrial parks and related facilities; and
       ``(5) to otherwise achieve the purposes of this subtitle.
       ``(b) Funding.--
       ``(1) In general.--Funds for grants under subsection (a) 
     may be provided--
       ``(A) entirely from appropriations to carry out this 
     section;
       ``(B) in combination with funds available under another 
     Federal or Federal grant program; or
       ``(C) from any other source.
       ``(2) Priority of funding.--To best build the foundations 
     for long-term economic development and to complement other 
     Federal and State resources in the region, Federal funds 
     available under this subtitle shall be focused on the 
     activities in the following order or priority:
       ``(A) Basic public infrastructure in distressed counties 
     and isolated areas of distress.
       ``(B) Transportation infrastructure for the purpose of 
     facilitating economic development in the region.
       ``(C) Business development, with emphasis on 
     entrepreneurship.
       ``(D) Job training or employment-related education, with 
     emphasis on use of existing public educational institutions 
     located in the region.
       ``(3) Federal share in grant programs.--Notwithstanding any 
     provision of law limiting the Federal share in any grant 
     program, funds appropriated to carry out this section may be 
     used to increase a Federal share in a grant program, as the 
     Authority determines appropriate.

     ``SEC. 382D. SUPPLEMENTS TO FEDERAL GRANT PROGRAMS.

       ``(a) Finding.--Congress finds that certain States and 
     local communities of the region, including local development 
     districts, may be unable to take maximum advantage of Federal 
     grant programs for which the States and communities are 
     eligible because--
       ``(1) they lack the economic resources to meet the required 
     matching share; or
       ``(2) there are insufficient funds available under the 
     applicable Federal grant law authorizing the program to meet 
     pressing needs of the region.
       ``(b) Federal Grant Program Funding.--In accordance with 
     subsection (c), the Federal cochairperson may use amounts 
     made available to carry out this subtitle, without regard to 
     any limitations on areas eligible for assistance or 
     authorizations for appropriation under any other Act, to fund 
     all or any portion of the basic Federal contribution to a 
     project or activity under a Federal grant program in the 
     region in an amount that is above the fixed maximum portion 
     of the cost of the project otherwise authorized by applicable 
     law, but not to exceed 90 percent of the costs of the project 
     (except as provided in section 382F(b)).
       ``(c) Certification.--
       ``(1) In general.--In the case of any program or project 
     for which all or any portion of the basic Federal 
     contribution to the project under a Federal grant program is 
     proposed to be made under this section, no Federal 
     contribution shall be made until the Federal official 
     administering the Federal law authorizing the contribution 
     certifies that the program or project--
       ``(A) meets the applicable requirements of the applicable 
     Federal grant law; and
       ``(B) could be approved for Federal contribution under the 
     law if funds were available under the law for the program or 
     project.
       ``(2) Certification by authority.--
       ``(A) In general.--The certifications and determinations 
     required to be made by the Authority for approval of projects 
     under this subtitle in accordance with section 382I--
       ``(i) shall be controlling; and
       ``(ii) shall be accepted by the Federal agencies.
       ``(B) Acceptance by federal cochairperson.--Any finding, 
     report, certification, or documentation required to be 
     submitted to the head of the department, agency, or 
     instrumentality of the Federal Government responsible for the 
     administration of any Federal grant program shall be accepted 
     by the Federal cochairperson with respect to a supplemental 
     grant for any project under the program.

     ``SEC. 382E. LOCAL DEVELOPMENT DISTRICTS; CERTIFICATION AND 
                   ADMINISTRATIVE EXPENSES.

       ``(a) Definition of Local Development District.--In this 
     section, the term `local development district' means an 
     entity that--
       ``(1) is--
       ``(A) a planning district in existence on the date of 
     enactment of this subtitle that is recognized by the Economic 
     Development Administration of the Department of Commerce; or
       ``(B) where an entity described in subparagraph (A) does 
     not exist--
       ``(i) organized and operated in a manner that ensures 
     broad-based community participation and an effective 
     opportunity for other nonprofit groups to contribute to the 
     development and implementation of programs in the region;
       ``(ii) governed by a policy board with at least a simple 
     majority of members consisting of elected officials or 
     employees of a general purpose unit of local government who 
     have been appointed to represent the government;
       ``(iii) certified to the Authority as having a charter or 
     authority that includes the economic development of counties 
     or parts of counties or other political subdivisions 
     within the region--

       ``(I) by the Governor of each State in which the entity is 
     located; or
       ``(II) by the State officer designated by the appropriate 
     State law to make the certification; and

       ``(iv)(I) a nonprofit incorporated body organized or 
     chartered under the law of the State in which the entity is 
     located;
       ``(II) a nonprofit agency or instrumentality of a State or 
     local government;
       ``(III) a public organization established before the date 
     of enactment of this subtitle under State law for creation of 
     multi-jurisdictional, area-wide planning organizations; or
       ``(IV) a nonprofit association or combination of bodies, 
     agencies, and instrumentalities described in subclauses (I) 
     through (III); and

[[Page H12287]]

       ``(2) has not, as certified by the Federal cochairperson--
       ``(A) inappropriately used Federal grant funds from any 
     Federal source; or
       ``(B) appointed an officer who, during the period in which 
     another entity inappropriately used Federal grant funds from 
     any Federal source, was an officer of the other entity.
       ``(b) Grants to Local Development Districts.--
       ``(1) In general.--The Authority may make grants for 
     administrative expenses under this section.
       ``(2) Conditions for grants.--
       ``(A) Maximum amount.--The amount of any grant awarded 
     under paragraph (1) shall not exceed 80 percent of the 
     administrative expenses of the local development district 
     receiving the grant.
       ``(B) Maximum period.--No grant described in paragraph (1) 
     shall be awarded to a State agency certified as a local 
     development district for a period greater than 3 years.
       ``(C) Local share.--The contributions of a local 
     development district for administrative expenses may be in 
     cash or in kind, fairly evaluated, including space, 
     equipment, and services.
       ``(c) Duties of Local Development Districts.--A local 
     development district shall--
       ``(1) operate as a lead organization serving multicounty 
     areas in the region at the local level; and
       ``(2) serve as a liaison between State and local 
     governments, nonprofit organizations (including community-
     based groups and educational institutions), the business 
     community, and citizens that--
       ``(A) are involved in multijurisdictional planning;
       ``(B) provide technical assistance to local jurisdictions 
     and potential grantees; and
       ``(C) provide leadership and civic development assistance.

     ``SEC. 382F. DISTRESSED COUNTIES AND AREAS AND NONDISTRESSED 
                   COUNTIES.

       ``(a) Designations.--Not later than 90 days after the date 
     of enactment of this subtitle, and annually thereafter, the 
     Authority, in accordance with such criteria as the Authority 
     may establish, shall designate--
       ``(1) as distressed counties, counties in the region that 
     are the most severely and persistently distressed and 
     underdeveloped and have high rates of poverty or 
     unemployment;
       ``(2) as nondistressed counties, counties in the region 
     that are not designated as distressed counties under 
     paragraph (1); and
       ``(3) as isolated areas of distress, areas located in 
     nondistressed counties (as designated under paragraph (2)) 
     that have high rates of poverty or unemployment.
       ``(b) Distressed Counties.--
       ``(1) In general.--The Authority shall allocate at least 75 
     percent of the appropriations made available under section 
     382M for programs and projects designed to serve the needs of 
     distressed counties and isolated areas of distress in the 
     region.
       ``(2) Funding limitations.--The funding limitations under 
     section 382D(b) shall not apply to a project providing 
     transportation or basic public services to residents of 1 or 
     more distressed counties or isolated areas of distress in the 
     region.
       ``(c) Nondistressed Counties.--
       ``(1) In general.--Except as provided in this subsection, 
     no funds shall be provided under this subtitle for a project 
     located in a county designated as a nondistressed county 
     under subsection (a)(2).
       ``(2) Exceptions.--
       ``(A) In general.--The funding prohibition under paragraph 
     (1) shall not apply to grants to fund the administrative 
     expenses of local development districts under section 
     382E(b).
       ``(B) Multicounty projects.--The Authority may waive the 
     application of the funding prohibition under paragraph (1) 
     to--
       ``(i) a multicounty project that includes participation by 
     a nondistressed county; or
       ``(ii) any other type of project;
     if the Authority determines that the project could bring 
     significant benefits to areas of the region outside a 
     nondistressed county.
       ``(C) Isolated areas of distress.--For a designation of an 
     isolated area of distress for assistance to be effective, the 
     designation shall be supported--
       ``(i) by the most recent Federal data available; or
       ``(ii) if no recent Federal data are available, by the most 
     recent data available through the government of the State in 
     which the isolated area of distress is located.
       ``(d) Transportation and Basic Public Infrastructure.--The 
     Authority shall allocate at least 50 percent of any funds 
     made available under section 382M for transportation and 
     basic public infrastructure projects authorized under 
     paragraphs (1) and (3) of section 382C(a).

     ``SEC. 382G. DEVELOPMENT PLANNING PROCESS.

       ``(a) State Development Plan.--In accordance with policies 
     established by the Authority, each State member shall submit 
     a development plan for the area of the region represented by 
     the State member.
       ``(b) Content of Plan.--A State development plan submitted 
     under subsection (a) shall reflect the goals, objectives, and 
     priorities identified in the regional development plan 
     developed under section 382B(d)(2).
       ``(c) Consultation With Interested Local Parties.--In 
     carrying out the development planning process (including the 
     selection of programs and projects for assistance), a State 
     may--
       ``(1) consult with--
       ``(A) local development districts; and
       ``(B) local units of government; and
       ``(2) take into consideration the goals, objectives, 
     priorities, and recommendations of the entities described in 
     paragraph (1).
       ``(d) Public Participation.--
       ``(1) In general.--The Authority and applicable State and 
     local development districts shall encourage and assist, to 
     the maximum extent practicable, public participation in the 
     development, revision, and implementation of all plans and 
     programs under this subtitle.
       ``(2) Regulations.--The Authority shall develop guidelines 
     for providing public participation described in paragraph 
     (1), including public hearings.

     ``SEC. 382H. PROGRAM DEVELOPMENT CRITERIA.

       ``(a) In General.--In considering programs and projects to 
     be provided assistance under this subtitle, and in 
     establishing a priority ranking of the requests for 
     assistance provided by the Authority, the Authority shall 
     follow procedures that ensure, to the maximum extent 
     practicable, consideration of--
       ``(1) the relationship of the project or class of projects 
     to overall regional development;
       ``(2) the per capita income and poverty and unemployment 
     rates in an area;
       ``(3) the financial resources available to the applicants 
     for assistance seeking to carry out the project, with 
     emphasis on ensuring that projects are adequately financed to 
     maximize the probability of successful economic development;
       ``(4) the importance of the project or class of projects in 
     relation to other projects or classes of projects that may be 
     in competition for the same funds;
       ``(5) the prospects that the project for which assistance 
     is sought will improve, on a continuing rather than a 
     temporary basis, the opportunities for employment, the 
     average level of income, or the economic development of the 
     area served by the project; and
       ``(6) the extent to which the project design provides for 
     detailed outcome measurements by which grant expenditures and 
     the results of the expenditures may be evaluated.
       ``(b) No Relocation Assistance.--No financial assistance 
     authorized by this subtitle shall be used to assist a person 
     or entity in relocating from 1 area to another, except that 
     financial assistance may be used as otherwise authorized by 
     this title to attract businesses from outside the region to 
     the region.
       ``(c) Reduction of Funds.--Funds may be provided for a 
     program or project in a State under this subtitle only if the 
     Authority determines that the level of Federal or State 
     financial assistance provided under a law other than this 
     subtitle, for the same type of program or project in the same 
     area of the State within the region, will not be reduced as a 
     result of funds made available by this subtitle.

     ``SEC. 382I. APPROVAL OF DEVELOPMENT PLANS AND PROJECTS.

       ``(a) In General.--A State or regional development plan or 
     any multistate subregional plan that is proposed for 
     development under this subtitle shall be reviewed by the 
     Authority.
       ``(b) Evaluation by State Member.--An application for a 
     grant or any other assistance for a project under this 
     subtitle shall be made through and evaluated for approval by 
     the State member of the Authority representing the applicant.
       ``(c) Certification.--An application for a grant or other 
     assistance for a project shall be approved only on 
     certification by the State member that the application for 
     the project--
       ``(1) describes ways in which the project complies with any 
     applicable State development plan;
       ``(2) meets applicable criteria under section 382H;
       ``(3) provides adequate assurance that the proposed project 
     will be properly administered, operated, and maintained; and
       ``(4) otherwise meets the requirements of this subtitle.
       ``(d) Votes for Decisions.--On certification by a State 
     member of the Authority of an application for a grant or 
     other assistance for a specific project under this section, 
     an affirmative vote of the Authority under section 382B(c) 
     shall be required for approval of the application.

     ``SEC. 382J. CONSENT OF STATES.

       ``Nothing in this subtitle requires any State to engage in 
     or accept any program under this subtitle without the consent 
     of the State.

     ``SEC. 382K. RECORDS.

       ``(a) Records of the Authority.--
       ``(1) In general.--The Authority shall maintain accurate 
     and complete records of all transactions and activities of 
     the Authority.
       ``(2) Availability.--All records of the Authority shall be 
     available for audit and examination by the Comptroller 
     General of the United States and the Inspector General of the 
     Department of Agriculture (including authorized 
     representatives of the Comptroller General and the Inspector 
     General of the Department of Agriculture).
       ``(b) Records of Recipients of Federal Assistance.--
       ``(1) In general.--A recipient of Federal funds under this 
     subtitle shall, as required by the Authority, maintain 
     accurate and complete records of transactions and activities 
     financed with Federal funds and report on the transactions 
     and activities to the Authority.
       ``(2) Availability.--All records required under paragraph 
     (1) shall be available for audit by the Comptroller General 
     of the United States, the Inspector General of the Department 
     of Agriculture, and the Authority (including authorized 
     representatives of the Comptroller General, the Inspector 
     General of the Department of Agriculture, and the Authority).
       ``(c) Annual Audit.--The Inspector General of the 
     Department of Agriculture shall audit the activities, 
     transactions, and records of the Authority on an annual 
     basis.

     ``SEC. 382L. ANNUAL REPORT.

       ``Not later than 180 days after the end of each fiscal 
     year, the Authority shall submit to the

[[Page H12288]]

     President and to Congress a report describing the activities 
     carried out under this subtitle.

     ``SEC. 382M. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) In General.--There is authorized to be appropriated 
     to the Authority to carry out this subtitle $30,000,000 for 
     each of fiscal years 2001 through 2002, to remain available 
     until expended.
       ``(b) Administrative Expenses.--Not more than 5 percent of 
     the amount appropriated under subsection (a) for a fiscal 
     year shall be used for administrative expenses of the 
     Authority.

     ``SEC. 382N. TERMINATION OF AUTHORITY.

       ``This subtitle and the authority provided under this 
     subtitle expire on October 1, 2002.''.

     SEC. 504. AREA COVERED BY LOWER MISSISSIPPI DELTA DEVELOPMENT 
                   COMMISSION.

       (a) In General.--Section 4(2)(D) of the Delta Development 
     Act (42 U.S.C. 3121 note; 102 Stat. 2246) is amended by 
     inserting ``Natchitoches,'' after ``Winn,''.
       (b) Conforming Amendment.--The matter under the heading 
     ``salaries and expenses'' under the heading ``Farmers Home 
     Administration'' in title II of Public Law 100-460 (102 Stat. 
     2246) is amended in the fourth proviso by striking ``carry 
     out'' and all that follows through ``bills are hereby'' and 
     inserting ``carry out S. 2836, the Delta Development Act, as 
     introduced in the Senate on September 27, 1988, and that bill 
     is''.

              TITLE VI--DAKOTA WATER RESOURCES ACT OF 2000

     SECTION 601. SHORT TITLE.

       This title may be cited as the ``Dakota Water Resources Act 
     of 2000''.

     SEC. 602. PURPOSES AND AUTHORIZATION.

       Section 1 of Public Law 89-108 (79 Stat. 433; 100 Stat. 
     418) is amended--
       (1) in subsection (a)--
       (A) in paragraph (2), by striking ``of'' and inserting 
     ``within'';
       (B) in paragraph (5), by striking ``more timely'' and 
     inserting ``appropriate''; and
       (C) in paragraph (7), by striking ``federally-assisted 
     water resource development project providing irrigation for 
     130,940 acres of land'' and inserting ``multipurpose 
     federally assisted water resource project providing 
     irrigation, municipal, rural, and industrial water systems, 
     fish, wildlife, and other natural resource conservation and 
     development, recreation, flood control, ground water 
     recharge, and augmented stream flows'';
       (2) in subsection (b)--
       (A) by inserting ``, jointly with the State of North 
     Dakota,'' after ``construct'';
       (B) by striking ``the irrigation of 130,940 acres'' and 
     inserting ``irrigation'';
       (C) by striking ``fish and wildlife conservation'' and 
     inserting ``fish, wildlife, and other natural resource 
     conservation'';
       (D) by inserting ``augmented stream flows, ground water 
     recharge,'' after ``flood control,''; and
       (E) by inserting ``(as modified by the Dakota Water 
     Resources Act of 2000)'' before the period at the end;
       (3) in subsection (e), by striking ``terminated'' and all 
     that follows and inserting ``terminated.''; and
       (4) by striking subsections (f) and (g) and inserting the 
     following:
       ``(f) Costs.--
       ``(1) Estimate.--The Secretary shall estimate--
       ``(A) the actual construction costs of the facilities 
     (including mitigation facilities) in existence as of the date 
     of enactment of the Dakota Water Resources Act of 2000; and
       ``(B) the annual operation, maintenance, and replacement 
     costs associated with the used and unused capacity of the 
     features in existence as of that date.
       ``(2) Repayment contract.--An appropriate repayment 
     contract shall be negotiated that provides for the making of 
     a payment for each payment period in an amount that is 
     commensurate with the percentage of the total capacity of the 
     project that is in actual use during the payment period.
       ``(3) Operation and maintenance costs.--Except as otherwise 
     provided in this Act or Reclamation Law--
       ``(A) The Secretary shall be responsible for the costs of 
     operation and maintenance of the proportionate share of unit 
     facilities in existence on the date of enactment of the 
     Dakota Water Resources Act of 2000 attributable to the 
     capacity of the facilities (including mitigation facilities) 
     that remain unused;
       ``(B) The State of North Dakota shall be responsible for 
     costs of operation and maintenance of the proportionate share 
     of existing unit facilities that are used and shall be 
     responsible for the full costs of operation and maintenance 
     of any facility constructed after the date of enactment of 
     the Dakota Water Resources Act of 2000; and
       ``(C) The State of North Dakota shall be responsible for 
     the costs of providing energy to authorized unit facilities.
       ``(g) Agreement Between the Secretary and the State.--The 
     Secretary shall enter into 1 or more agreements with the 
     State of North Dakota to carry out this Act, including 
     operation and maintenance of the completed unit facilities 
     and the design and construction of authorized new unit 
     facilities by the State.
       ``(h) Boundary Waters Treaty of 1909.--
       ``(1) Delivery of water into the hudson bay basin.--Prior 
     to construction of any water systems authorized under this 
     Act to deliver Missouri River water into the Hudson Bay 
     basin, the Secretary, in consultation with the Secretary of 
     State and the Administrator of the Environmental Protection 
     Agency, must determine that adequate treatment can be 
     provided to meet the requirements of the Treaty between the 
     United States and Great Britain relating to Boundary Waters 
     Between the United States and Canada, signed at Washington, 
     January 11, 1909 (26 Stat. 2448; TS 548) (commonly known as 
     the Boundary Waters Treaty of 1909).
       ``(2) Costs.--All costs of construction, operation, 
     maintenance, and replacement of water treatment and related 
     facilities authorized by this Act and attributable to meeting 
     the requirements of the treaty referred to in paragraph (1) 
     shall be nonreimbursable.''.

     SEC. 603. FISH AND WILDLIFE.

       Section 2 of Public Law 89-108 (79 Stat. 433; 100 Stat. 
     419) is amended--
       (1) by striking subsections (b), (c), and (d) and inserting 
     the following:
       ``(b) Fish and Wildlife Costs.--All fish and wildlife 
     enhancement costs incurred in connection with waterfowl 
     refuges, waterfowl production areas, and wildlife 
     conservation areas proposed for Federal or State 
     administration shall be nonreimbursable.
       ``(c) Recreation Areas.--
       ``(1) Costs.--If non-Federal public bodies continue to 
     agree to administer land and water areas approved for 
     recreation and agree to bear not less than 50 percent of the 
     separable costs of the unit allocated to recreation and 
     attributable to those areas and all the costs of operation, 
     maintenance, and replacement incurred in connection 
     therewith, the remainder of the separable capital costs so 
     allocated and attributed shall be nonreimbursable.
       ``(2) Approval.--The recreation areas shall be approved by 
     the Secretary in consultation and coordination with the State 
     of North Dakota.
       ``(d) Non-Federal Share.--The non-Federal share of the 
     separable capital costs of the unit allocated to recreation 
     shall be borne by non-Federal interests, using the following 
     methods, as the Secretary may determine to be appropriate:
       ``(1) Services in kind.
       ``(2) Payment, or provision of lands, interests therein, or 
     facilities for the unit.
       ``(3) Repayment, with interest, within 50 years of first 
     use of unit recreation facilities.'';
       (2) in subsection (e)--
       (A) by redesignating paragraphs (1) and (2) as paragraphs 
     (2) and (3), respectively;
       (B) by inserting ``(1)'' after ``(e)'';
       (C) in paragraph (2) (as redesignated by subparagraph 
     (A))--
       (i) in the first sentence--

       (I) by striking ``within ten years after initial unit 
     operation to administer for recreation and fish and wildlife 
     enhancement'' and inserting ``to administer for recreation''; 
     and
       (II) by striking ``which are not included within Federal 
     waterfowl refuges and waterfowl production areas''; and

       (ii) in the second sentence, by striking ``or fish and 
     wildlife enhancement''; and
       (D) in the first sentence of paragraph (3) (as redesignated 
     by subparagraph (A))--
       (i) by striking ``, within ten years after initial 
     operation of the unit,''; and
       (ii) by striking ``paragraph (1) of this subsection'' and 
     inserting ``paragraph (2)'';
       (3) in subsection (f), by striking ``and fish and wildlife 
     enhancement''; and
       (4) in subsection (j)--
       (A) in paragraph (1), by striking ``prior to the completion 
     of construction of Lonetree Dam and Reservoir''; and
       (B) by adding at the end the following:
       ``(4) Taayer reservoir.--Taayer Reservoir is deauthorized 
     as a project feature. The Secretary, acting through the 
     Commissioner of Reclamation, shall acquire (including 
     acquisition through donation or exchange) up to 5,000 acres 
     in the Kraft and Pickell Slough areas and to manage the area 
     as a component of the National Wildlife Refuge System giving 
     consideration to the unique wildlife values of the area. In 
     acquiring the lands which comprise the Kraft and Pickell 
     Slough complex, the Secretary shall acquire wetlands in the 
     immediate vicinity which may be hydrologically related and 
     nearby uplands as may be necessary to provide for proper 
     management of the complex. The Secretary shall provide for 
     appropriate visitor access and control at the refuge.
       ``(5) Deauthorization of lonetree dam and reservoir.--The 
     Lonetree Dam and Reservoir is deauthorized, and the Secretary 
     shall designate the lands acquired for the former reservoir 
     site as a wildlife conservation area. The Secretary shall 
     enter into an agreement with the State of North Dakota 
     providing for the operation and maintenance of the wildlife 
     conservation area as an enhancement feature, the costs of 
     which shall be paid by the Secretary.''.

     SEC. 604. INTEREST CALCULATION.

       Section 4 of Public Law 89-108 (100 Stat. 435) is amended 
     by adding at the end the following: ``Interest during 
     construction shall be calculated only until such date as the 
     Secretary declares any particular feature to be substantially 
     complete, regardless of whether the feature is placed into 
     service.''.

     SEC. 605. IRRIGATION FACILITIES.

       Section 5 of Public Law 89-108 (100 Stat. 419) is amended--
       (1) by striking ``Sec. 5. (a)(1)'' and all that follows 
     through subsection (c) and inserting the following:

     ``SEC. 5. IRRIGATION FACILITIES.

       ``(a) In General.--
       ``(1) Authorized development.--In addition to the 5,000-
     acre Oakes Test Area in existence on the date of enactment of 
     the Dakota Water Resources Act of 2000, the Secretary may 
     develop irrigation in--
       ``(A) the Turtle Lake service area (13,700 acres);
       ``(B) the McClusky Canal service area (10,000 acres); and
       ``(C) if the investment costs are fully reimbursed without 
     aid to irrigation from the Pick-

[[Page H12289]]

     Sloan Missouri Basin Program, the New Rockford Canal service 
     area (1,200 acres).
       ``(2) Development not authorized.--None of the irrigation 
     authorized by this section may be developed in the Hudson 
     Bay/Devils Lake Basin.
       ``(3) No excess development.--The Secretary shall not 
     develop irrigation in the service areas described in 
     paragraph (1) in excess of the acreage specified in that 
     paragraph, except that the Secretary shall develop up to 
     28,000 acres of irrigation in other areas of North Dakota 
     (such as the Elk/Charbonneau, Mon-Dak, Nesson Valley, 
     Horsehead Flats, and Oliver-Mercer areas) that are not 
     located in the Hudson Bay/Devils Lake drainage basin or James 
     River drainage basin.
       ``(4) Pumping power.--Irrigation development authorized by 
     this section shall be considered authorized units of the 
     Pick-Sloan Missouri Basin Program and eligible to receive 
     project pumping power.
       ``(5) Principal supply works.--The Secretary shall maintain 
     the Snake Creek Pumping Plant, New Rockford Canal, and 
     McClusky Canal features of the principal supply works. 
     Subject to the provisions of section (8) of this Act, the 
     Secretary shall select a preferred alternative to implement 
     the Dakota Water Resources Act of 2000. In making this 
     section, one of the alternatives the Secretary shall consider 
     is whether to connect the principal supply works in existence 
     on the date of enactment.'';
       (2) by redesignating subsections (d), (e), and (f) as 
     subsections (b), (c), and (d), respectively;
       (3) in the first sentence of subsection (b) (as 
     redesignated by paragraph (2)), by striking ``(a)(1)'' and 
     inserting ``(a)'';
       (4) in the first sentence of subsection (c) (as 
     redesignated by paragraph (2)), by striking ``Lucky Mound 
     (7,700 acres), Upper Six Mile Creek (7,500 acres)'' and 
     inserting ``Lucky Mound (7,700 acres) and Upper Six Mile 
     Creek (7,500 acres), or such other lands at Fort Berthold of 
     equal acreage as may be selected by the tribe and approved by 
     the Secretary,''; and
       (5) by adding at the end the following:
       ``(e) Irrigation Report to Congress.--
       ``(1) In general.--The Secretary shall investigate and 
     prepare a detailed report on the undesignated 28,000 acres in 
     subsection (a)(3) as to costs and benefits for any irrigation 
     units to be developed under Reclamation law.
       ``(2) Finding.--The report shall include a finding on the 
     economic, financial and engineering feasibility of the 
     proposed irrigation unit, but shall be limited to the 
     undesignated 28,000 acres.
       ``(3) Authorization.--If the Secretary finds that the 
     proposed construction is feasible, such irrigation units are 
     authorized without further Act of Congress.
       ``(4) Documentation.--No expenditure for the construction 
     of facilities authorized under this section shall be made 
     until after the Secretary, in cooperation with the State of 
     North Dakota, has prepared the appropriate documentation in 
     accordance with section 1 and pursuant to the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
     analyzing the direct and indirect impacts of implementing the 
     report.''.

     SEC. 606. POWER.

       Section 6 of Public Law 89-108 (79 Stat. 435; 100 Stat. 
     421) is amended--
       (1) in subsection (b)--
       (A) by striking ``Notwithstanding the provisions of'' and 
     inserting ``Pursuant to the provisions of''; and
       (B) by striking ``revenues,'' and all that follows and 
     inserting ``revenues.''; and
       (2) by striking subsection (c) and inserting the following:
       ``(c) No Increase in Rates or Affect on Repayment 
     Methodology.--In accordance with the last sentence of section 
     302(a)(3) of the Department of Energy Organization Act (42 
     U.S.C. 7152(a)(3)), section 1(e) shall not result in any 
     reallocation of project costs and shall not result in 
     increased rates to Pick-Sloan Missouri Basin Program 
     customers. Nothing in the Dakota Water Resources Act of 2000 
     alters or affects in any way the repayment methodology in 
     effect as of the date of enactment of that Act for other 
     features of the Pick-Sloan Missouri Basin Program.''.

     SEC. 607. MUNICIPAL, RURAL, AND INDUSTRIAL WATER SERVICE.

       Section 7 of Public Law 89-108 (100 Stat. 422) is amended--
       (1) in subsection (a)(3)--
       (A) in the second sentence--
       (i) by striking ``The non-Federal share'' and inserting 
     ``Unless otherwise provided in this Act, the non-Federal 
     share'';
       (ii) by striking ``each water system'' and inserting 
     ``water systems'';
       (iii) by inserting after the second sentence the following: 
     ``The State may use the Federal and non-Federal funds to 
     provide grants or loans for municipal, rural, and industrial 
     water systems. The State shall use the proceeds of repaid 
     loans for municipal, rural, and industrial water systems. 
     Proceeds from loan repayments and any interest thereon shall 
     be treated as Federal funds.''; and
       (iv) by striking the last sentence and inserting the 
     following: ``The Southwest Pipeline Project, the Northwest 
     Area Water Supply Project, the Red River Valley Water Supply 
     Project, and other municipal, industrial, and rural water 
     systems in the State of North Dakota shall be eligible for 
     funding under the terms of this section. Funding provided 
     under this section for the Red River Valley Water Supply 
     Project shall be in addition to funding for that project 
     under section 10(a)(1)(B). The amount of non-Federal 
     contributions made after May 12, 1986, that exceeds the 25 
     percent requirement shall be credited to the State for future 
     use in municipal, rural, and industrial projects under this 
     section.''; and
       (2) by striking subsections (b), (c), and (d) and inserting 
     the following:
       ``(b) Water Conservation Program.--The State of North 
     Dakota may use funds provided under subsections (a) and 
     (b)(1)(A) of section 10 to develop and implement a water 
     conservation program. The Secretary and the State shall 
     jointly establish water conservation goals to meet the 
     purposes of the State program and to improve the availability 
     of water supplies to meet the purposes of this Act. If the 
     State achieves the established water conservation goals, the 
     non-Federal cost share for future projects under subsection 
     (a)(3) shall be reduced to 24.5 percent.
       ``(c) Nonreimbursability of Costs.--With respect to the 
     Southwest Pipeline Project, the Northwest Area Water Supply 
     Project, the Red River Valley Water Supply Project, and other 
     municipal, industrial, and rural water systems in North 
     Dakota, the costs of the features constructed on the Missouri 
     River by the Secretary of the Army before the date of 
     enactment of the Dakota Water Resources Act of 2000 shall be 
     nonreimbursable.
       ``(d) Indian Municipal Rural and Industrial Water Supply.--
     The Secretary shall construct, operate, and maintain such 
     municipal, rural, and industrial water systems as the 
     Secretary determines to be necessary to meet the economic, 
     public health, and environmental needs of the Fort Berthold, 
     Standing Rock, Turtle Mountain (including the Trenton Indian 
     Service Area), and Fort Totten Indian Reservations and 
     adjacent areas.''.

     SEC. 608. SPECIFIC FEATURES.

       (a) Sykeston Canal.--Sykeston Canal is hereby deauthorized.
       (b) In General.--Public Law 89-108 (100 Stat. 423) is 
     amended by striking section 8 and inserting the following:

     ``SEC. 8. SPECIFIC FEATURES.

       ``(a) Red River Valley Water Supply Project.--
       ``(1) In general.--Subject to the requirements of this 
     section, the Secretary shall construct a feature or features 
     to provide water to the Sheyenne River water supply and 
     release facility or such other feature or features as are 
     selected under subsection (d).
       ``(2) Design and construction.--The feature or features 
     shall be designed and constructed to meet only the following 
     water supply requirements as identified in the report 
     prepared pursuant to subsection (b) of this section: 
     Municipal, rural, and industrial water supply needs; ground 
     water recharge; and streamflow augmentation.
       ``(3) Commencement of construction.--(A) If the Secretary 
     selects a project feature under this section that would 
     provide water from the Missouri River or its tributaries to 
     the Sheyenne River water supply and release facility or from 
     the Missouri River or its tributaries to such other 
     conveyance facility as the Secretary selects under this 
     section, no later than 90 days after the completion of the 
     final environmental impact statement, the Secretary shall 
     transmit to Congress a comprehensive report which provides--
       ``(i) a detailed description of the proposed project 
     feature;
       ``(ii) a summary of major issues addressed in the 
     environmental impact statement;
       ``(iii) likely effects, if any, on other States bordering 
     the Missouri River and on the State of Minnesota; and
       ``(iv) a description of how the project feature complies 
     with the requirements of section 1(h)(1) of this Act 
     (relating to the Boundary Waters Treaty of 1909).
       ``(B) No project feature or features that would provide 
     water from the Missouri River or its tributaries to the 
     Sheyenne River water supply and release facility or from the 
     Missouri River or its tributaries to such other conveyance 
     facility as the Secretary selects under this section shall be 
     constructed unless such feature is specifically authorized by 
     an Act of Congress approved subsequent to the Secretary's 
     transmittal of the report required in subparagraph (A). If, 
     after complying with subsections (b) through (d) of this 
     section, the Secretary selects a feature or features using 
     only in-basin sources of water to meet the water needs of the 
     Red River Valley identified in subsection (b), such features 
     are authorized without further Act of Congress. The Act of 
     Congress referred to in this subparagraph must be an 
     authorization bill, and shall not be a bill making 
     appropriations.
       ``(C) The Secretary may not commence construction on the 
     feature until a master repayment contract or water service 
     agreement consistent with this Act between the Secretary and 
     the appropriate non-Federal entity has been executed.
       ``(b) Report on Red River Valley Water Needs and Options.--
       ``(1) In general.--The Secretary of the Interior shall 
     conduct a comprehensive study of the water quality and 
     quantity needs of the Red River Valley in North Dakota and 
     possible options for meeting those needs.
       ``(2) Needs.--The needs addressed in the report shall 
     include such needs as--
       ``(A) municipal, rural, and industrial water supplies;
       ``(B) water quality;
       ``(C) aquatic environment;
       ``(D) recreation; and
       ``(E) water conservation measures.
       ``(3) Process.--In conducting the study, the Secretary 
     through an open and public process shall solicit input from 
     gubernatorial designees from states that may be affected by 
     possible options to meet such needs as well as designees from 
     other federal agencies with relevant expertise. For any 
     option that includes an out-of-basin solution, the Secretary 
     shall consider the effect of the option on other states that 
     may be affected by such option, as well as other appropriate 
     considerations. Upon completion, a draft

[[Page H12290]]

     of the study shall be provided by the Secretary to such 
     states and federal agencies. Such states and agencies shall 
     be given not less than 120 days to review and comment on the 
     study method, findings and conclusions leading to any 
     alternative that may have an impact on such states or on 
     resources subject to such federal agencies' jurisdiction. The 
     Secretary shall receive and take into consideration any such 
     comments and produce a final report and transmit the final 
     report to Congress.
       ``(4) Limitation.--No design or construction of any feature 
     or features that facilitate an out-of-basin transfer from the 
     Missouri River drainage basin shall be authorized under the 
     provisions of this subsection.
       ``(c) Environmental Impact Statement.--
       ``(1) In general.--Nothing in this section shall be 
     construed to supersede any requirements under the National 
     Environmental Policy Act or the Administrative Procedures 
     Act.
       ``(2) Draft.--
       ``(A) Deadline.--Pursuant to an agreement between the 
     Secretary and State of North Dakota as authorized under 
     section 1(g), not later than 1 year after the date of 
     enactment of the Dakota Water Resources Act of 2000, the 
     Secretary and the State of North Dakota shall jointly 
     prepare and complete a draft environmental impact 
     statement concerning all feasible options to meet the 
     comprehensive water quality and quantity needs of the Red 
     River Valley and the options for meeting those needs, 
     including the delivery of Missouri River water to the Red 
     River Valley.
       ``(B) Report on status.--If the Secretary and State of 
     North Dakota cannot prepare and complete the draft 
     environmental impact statement within 1 year after the date 
     of enactment of the Dakota Water Resources Act of 2000, the 
     Secretary, in consultation and coordination with the State of 
     North Dakota, shall report to Congress on the status of this 
     activity, including an estimate of the date of completion.
       ``(3) Final.--
       ``(A) Deadline.--Not later than 1 year after filing the 
     draft environmental impact statement, a final environmental 
     impact statement shall be prepared and published.
       ``(B) Report on status.--If the Secretary and State of 
     North Dakota cannot prepare and complete a final 
     environmental impact statement within 1 year of the 
     completion of the draft environmental impact statement, the 
     Secretary, in consultation and coordination with the State of 
     North Dakota, shall report to Congress on the status of this 
     activity, including an estimate of the date of completion.
       ``(d) Process for Selection.--
       ``(1) In general.--After reviewing the final report 
     required by subsection (b)(1) and complying with subsection 
     (c), the Secretary, in consultation and coordination with the 
     State of North Dakota in coordination with affected local 
     communities, shall select 1 or more project features 
     described in subsection (a) that will meet the comprehensive 
     water quality and quantity needs of the Red River Valley. The 
     Secretary's selection of an alternative shall be subject to 
     judicial review.
       ``(2) Agreements.--If the Secretary selects an option under 
     paragraph (1) that uses only in-basin sources of water, not 
     later than 180 days after the record of decision has been 
     executed, the Secretary shall enter into a cooperative 
     agreement with the State of North Dakota to construct the 
     feature or features selected. If the Secretary selects an 
     option under paragraph (1) that would require a further act 
     of Congress under the provisions of subsection (a), not later 
     than 180 days after the date of enactment of legislation 
     required under subsection (a) the Secretary shall enter into 
     a cooperative agreement with the State of North Dakota to 
     construct the feature or features authorized by that 
     legislation.
       ``(e) Sheyenne River Water Supply and Release or Alternate 
     Features.--The Secretary shall construct, operate, and 
     maintain a Sheyenne River water supply and release feature 
     (including a water treatment plant) capable of delivering 100 
     cubic feet per second of water or any other amount determined 
     in the reports under this section, for the cities of Fargo 
     and Grand Forks and surrounding communities, or such other 
     feature or features as may be selected under subsection (d).
       ``(f) Devils Lake.--No funds authorized under this Act may 
     be used to carry out the portion of the feasibility study of 
     the Devils Lake basin, North Dakota, authorized under the 
     Energy and Water Development Appropriations Act of 1993 
     (Public Law 102-377), that addresses the needs of the area 
     for stabilized lake levels through inlet controls, or to 
     otherwise study any facility or carry out any activity that 
     would permit the transfer of water from the Missouri River 
     drainage basin into Devils Lake, North Dakota.''.

     SEC. 609. OAKES TEST AREA TITLE TRANSFER.

       Public Law 89-108 (100 Stat. 423) is amended by striking 
     section 9 and inserting the following:

     ``SEC. 9. OAKES TEST AREA TITLE TRANSFER.

       ``(a) In General.--Not later than 2 years after execution 
     of a record of decision under section 8(d) on whether to use 
     the New Rockford Canal as a means of delivering water to the 
     Red River Basin as described in section 8, the Secretary 
     shall enter into an agreement with the State of North Dakota, 
     or its designee, to convey title and all or any rights, 
     interests, and obligations of the United States in and to the 
     Oakes Test Area as constructed and operated under Public Law 
     99-294 (100 Stat. 418) under such terms and conditions as the 
     Secretary believes would fully protect the public interest.
       ``(b) Terms and Conditions.--The agreement shall define the 
     terms and conditions of the transfer of the facilities, 
     lands, mineral estate, easements, rights-of-way and water 
     rights including the avoidance of costs that the Federal 
     Government would otherwise incur in the case of a failure 
     to agree under subsection (d).
       ``(c) Compliance.--The action of the Secretary under this 
     section shall comply with all applicable requirements of 
     Federal, State, and local law.
       ``(d) Failure To Agree.--If an agreement is not reached 
     within the time limit specified in subsection (a), the 
     Secretary shall dispose of the Oakes Test Area facilities 
     under the Federal Property and Administrative Services Act of 
     1949 (40 U.S.C. 471 et seq.).''.

     SEC. 610. AUTHORIZATION OF APPROPRIATIONS.

       Section 10 of Public Law 89-108 (100 Stat. 424; 106 Stat. 
     4669, 4739) is amended--
       (1) in subsection (a)--
       (A) by striking ``(a)(1) There are authorized'' and 
     inserting the following:
       ``(a) Water Distribution Features.--
       ``(1) In general.--
       ``(A) Main stem supply works.--There is authorized'';
       (B) in paragraph (1)--
       (i) in the first sentence, by striking ``$270,395,000 for 
     carrying out the provisions of section 5(a) through 5(c) and 
     section 8(a)(1) of this Act'' and inserting ``$164,000,000 to 
     carry out section 5(a)'';
       (ii) by inserting after subparagraph (A) (as designated by 
     clause (i)) the following:
       ``(B) Red river valley water supply project.--There is 
     authorized to be appropriated to carry out section 8(a)(1) 
     $200,000,000.''; and
       (iii) by striking ``Such sums'' and inserting the 
     following:
       ``(C) Availability.--Such sums''; and
       (C) in paragraph (2)--
       (i) by striking ``(2) There is'' and inserting the 
     following:
       ``(2) Indian irrigation.--
       ``(A) In general.--There is'';
       (ii) by striking ``for carrying out section 5(e) of this 
     Act'' and inserting ``to carry out section 5(c)''; and
       (iii) by striking ``Such sums'' and inserting the 
     following:
       ``(B) Availability.--Such sums'';
       (2) in subsection (b)--
       (A) by striking ``(b)(1) There is'' and inserting the 
     following:
       ``(b) Municipal, Rural, and Industrial Water Supply.--
       ``(1) Statewide.--
       ``(A) Initial amount.--There is'';
       (B) in paragraph (1)--
       (i) by inserting before ``Such sums'' the following:
       ``(B) Additional amount.--In addition to the amount under 
     subparagraph (A), there is authorized to be appropriated to 
     carry out section 7(a) $200,000,000.''; and
       (ii) by striking ``Such sums'' and inserting the following:
       ``(C) Availability.--Such sums''; and
       (C) in paragraph (2)--
       (i) by striking ``(2) There are authorized to be 
     appropriated $61,000,000'' and all that follows through 
     ``Act.'' and inserting the following:
       ``(2) Indian municipal, rural, and industrial and other 
     delivery features.--
       ``(A) Initial amount.--There is authorized to be 
     appropriated--
       ``(i) to carry out section 8(a)(1), $40,500,000; and
       ``(ii) to carry out section 7(d), $20,500,000.'';
       (ii) by inserting before ``Such sums'' the following:
       ``(B) Additional amount.--
       ``(i) In general.--In addition to the amount under 
     subparagraph (A), there is authorized to be appropriated to 
     carry out section 7(d) $200,000,000.
       ``(ii) Allocation.--The amount under clause (i) shall be 
     allocated as follows:

       ``(I) $30,000,000 to the Fort Totten Indian Reservation.
       ``(II) $70,000,000 to the Fort Berthold Indian Reservation.
       ``(IV) $80,000,000 to the Standing Rock Indian Reservation.
       ``(V) $20,000,000 to the Turtle Mountain Indian 
     Reservation.''; and

       (ii) by striking ``Such sums'' and inserting the following:
       ``(C) Availability.--Such sums'';
       (3) in subsection (c)--
       (A) by striking ``(c) There is'' and inserting the 
     following:
       ``(c) Resources Trust and Other Provisions.--
       ``(1) Initial amount.--There is''; and
       (B) by striking the second and third sentences and 
     inserting the following:
       ``(2) Additional amount.--In addition to amount under 
     paragraph (1), there are authorized to be appropriated--
       ``(A) $6,500,000 to carry out recreational projects; and
       ``(B) an additional $25,000,000 to carry out section 11;

     to remain available until expended.
       ``(3) Recreational projects.--Of the funds authorized under 
     paragraph (2) for recreational projects, up to $1,500,000 may 
     be used to fund a wetland interpretive center in the State of 
     North Dakota.
       ``(4) Operation and maintenance.--
       ``(A) In general.-- There are authorized to be appropriated 
     such sums as are necessary for operation and maintenance of 
     the unit (including the mitigation and enhancement features).
       ``(B) Authorization limits.--Expenditures for operation and 
     maintenance of features substantially completed and features 
     constructed before the date of enactment of the Dakota Water 
     Resources Act of 2000, including funds expended for such 
     purposes since the date of enactment of Public Law 99-294, 
     shall not be counted against the authorization limits in this 
     section.
       ``(5) Mitigation and enhancement land.--On or about the 
     date on which the features authorized by section 8(a) are 
     operational, a separate account in the Natural Resources 
     Trust authorized by section 11 shall be established for

[[Page H12291]]

     operation and maintenance of the mitigation and enhancement 
     land associated with the unit.''; and
       (4) by striking subsection (e) and inserting the following:
       ``(e) Indexing.--The $200,000,000 amount under subsection 
     (b)(1)(B), the $200,000,000 amount under subsection 
     (a)(1)(B), and the funds authorized under subsection (b)(2) 
     shall be indexed as necessary to allow for ordinary 
     fluctuations of construction costs incurred after the date of 
     enactment of the Dakota Water Resources Act of 2000 as 
     indicated by engineering cost indices applicable for the type 
     of construction involved. All other authorized cost ceilings 
     shall remain unchanged.''.

     SEC. 611. NATURAL RESOURCES TRUST.

       Section 11 of Public Law 89-108 (100 Stat. 424) is 
     amended--
       (1) by striking subsection (a) and inserting the following:
       ``(a) Contribution.--
       ``(1) Initial authorization.--
       ``(A) In general.--From the sums appropriated under section 
     10 for the Garrison Diversion Unit, the Secretary shall make 
     an annual Federal contribution to a Natural Resources Trust 
     established by non-Federal interests in accordance with 
     subsection (b) and operated in accordance with subsection 
     (c).
       ``(B) Amount.--The total amount of Federal contributions 
     under subparagraph (A) shall not exceed $12,000,000.
       ``(2) Additional authorization.--
       ``(A) In general.--In addition to the amount authorized in 
     paragraph (1), the Secretary shall make annual Federal 
     contributions to the Natural Resources Trust until the amount 
     authorized by section 10(c)(2)(B) is reached, in the manner 
     stated in subparagraph (B).
       ``(B) Annual amount.--The amount of the contribution under 
     subparagraph (A) for each fiscal year shall be the amount 
     that is equal to 5 percent of the total amount that is 
     appropriated for the fiscal year under subsections (a)(1)(B) 
     and (b)(1)(B) of section 10.''.
       (2) in subsection (b), by striking ``Wetlands Trust'' and 
     inserting ``Natural Resources Trust''; and
       (3) in subsection (c)--
       (A) by striking ``Wetland Trust'' and inserting ``Natural 
     Resources Trust'';
       (B) by striking ``are met'' and inserting ``is met'';
       (C) in paragraph (1), by inserting ``, grassland 
     conservation and riparian areas'' after ``habitat''; and
       (D) in paragraph (2), by adding at the end the following:
       ``(C) The power to fund incentives for conservation 
     practices by landowners.''

                               TITLE VII

     SECTION 701. FINDINGS.

       Congress finds that--
       (1) there is a continuing need for reconciliation between 
     Indians and non-Indians;
       (2) the need may be met partially through the promotion of 
     the understanding of the history and culture of Sioux Indian 
     tribes;
       (3) the establishment of a Sioux Nation Tribal Supreme 
     Court will promote economic development on reservations of 
     the Sioux Nation and provide investors that contribute to 
     that development a greater degree of certainty and confidence 
     by--
       (A) reconciling conflicting tribal laws; and
       (B) strengthening tribal court systems;
       (4) the reservations of the Sioux Nation--
       (A) contain the poorest counties in the United States; and
       (B) lack adequate tools to promote economic development and 
     the creation of jobs;
       (5) the establishment of a Native American Economic 
     Development Council will assist in promoting economic growth 
     and reducing poverty on reservations of the Sioux Nation by--
       (A) coordinating economic development efforts;
       (B) centralizing expertise concerning Federal assistance; 
     and
       (C) facilitating the raising of funds from private 
     donations to meet matching requirements under certain Federal 
     assistance programs;
       (6) there is a need to enhance and strengthen the capacity 
     of Indian tribal governments and tribal justice systems to 
     address conflicts which impair relationships within Indian 
     communities and between Indian and non-Indian communities and 
     individuals; and
       (7) the establishment of the National Native American 
     Mediation Training Center, with the technical assistance of 
     tribal and Federal agencies, including the Community 
     Relations Service of the Department of Justice, would enhance 
     and strengthen the mediation skills that are useful in 
     reducing tensions and resolving conflicts in Indian 
     communities and between Indian and non-Indian communities and 
     individuals.

     SEC. 702. DEFINITIONS.

       In this Title:
       (1) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given that term in section 4(e) of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 
     450b(e)).
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (3) Sioux nation.--The term ``Sioux Nation'' means the 
     Indian tribes comprising the Sioux Nation.

     SEC. 703. RECONCILIATION CENTER.

       (a) Establishment.--The Secretary of Housing and Urban 
     Development, in cooperation with the Secretary, shall 
     establish, in accordance with this section, a reconciliation 
     center, to be known as ``Reconciliation Place''.
       (b) Location.--Notwithstanding any other provision of law, 
     the Secretary shall take into trust for the benefit of the 
     Sioux Nation the parcel of land in Stanley County, South 
     Dakota, that is described as ``The Reconciliation Place 
     Addition'' that is owned on the date of enactment of this Act 
     by the Wakpa Sica Historical Society, Inc., for the purpose 
     of establishing and operating The Reconciliation Place.
       (c) Purposes.--The purposes of Reconciliation Place shall 
     be as follows:
       (1) To enhance the knowledge and understanding of the 
     history of Native Americans by--
       (A) displaying and interpreting the history, art, and 
     culture of Indian tribes for Indians and non-Indians; and
       (B) providing an accessible repository for--
       (i) the history of Indian tribes; and
       (ii) the family history of members of Indian tribes.
       (2) To provide for the interpretation of the encounters 
     between Lewis and Clark and the Sioux Nation.
       (3) To house the Sioux Nation Tribal Supreme Court.
       (4) To house the Native American Economic Development 
     Council.
       (5) To house the National Native American Mediation 
     Training Center to train tribal personnel in conflict 
     resolution and alternative dispute resolution.
       (d) Grant.--
       (1) In general.--The Secretary of Housing and Urban 
     Development shall offer to award a grant to the Wakpa Sica 
     Historical Society of Fort Pierre, South Dakota, for the 
     construction of Reconciliation Place.
       (2) Grant agreement.--
       (A) In general.--As a condition to receiving the grant 
     under this subsection, the appropriate official of the Wakpa 
     Sica Historical Society shall enter into a grant agreement 
     with the Secretary of Housing and Urban Development.
       (B) Consultation.--Before entering into a grant agreement 
     under this paragraph, the Secretary of Housing and Urban 
     Development shall consult with the Secretary concerning the 
     contents of the agreement.
       (C) Duties of the wakpa sica historical society.--The grant 
     agreement under this paragraph shall specify the duties of 
     the Wakpa Sica Historical Society under this section and 
     arrangements for the maintenance of Reconciliation Place.
       (3) Authorization of appropriations.--There are authorized 
     to be appropriated to the Department of Housing and Urban 
     Development $18,258,441, to be used for the grant under this 
     section.

     SEC. 704. SIOUX NATION SUPREME COURT AND NATIONAL NATIVE 
                   AMERICAN MEDIATION TRAINING CENTER.

       (a) In General.--To ensure the development and operation of 
     the Sioux Nation Tribal Supreme Court and the National Native 
     American Mediation Training Center, the Attorney General of 
     the United States shall use available funds to provide 
     technical and financial assistance to the Sioux Nation.
       (b) Authorization of Appropriations.--To carry out this 
     section, there are authorized to be appropriated to the 
     Department of Justice such sums as are necessary.

          TITLE VIII--ERIE CANALWAY NATIONAL HERITAGE CORRIDOR

     SEC. 801. SHORT TITLE; DEFINITIONS.

       (a) Short Title.--This title may be cited as the ``Erie 
     Canalway National Heritage Corridor Act''.
       (b) Definitions.--For the Purposes of this title, the 
     following definitions shall apply:
       (1) Erie canalway.--The Term ``Erie Canalway'' means the 
     524 miles of navigable canal that comprise the New York State 
     Canal System, including the Erie, Cayuga and Seneca, Oswego, 
     and Champlain Canals and the historic alignments of these 
     canals, including the cities of Albany and Buffalo.
       (2) Canalway plan.--The term ``Canalway Plan'' means the 
     comprehensive preservation and management plan for the 
     Corridor required under section 806.
       (3) Commission.--The term ``Commission'' means the Erie 
     Canalway National Heritage Corridor Commission established 
     under section 804.
       (4) Corridor.--The term ``Corridor'' means the Erie 
     Canalway National Heritage Corridor established under section 
     803.
       (5) Governor.--The term ``Governor'' means the Governor of 
     the State of New York.
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 802. FINDINGS AND PURPOSES.

       (a) Findings.--The Congress finds that--
       (1) the year 2000 marks the 175th Anniversary of New York 
     State's creation and stewardship of the Erie Canalway for 
     commerce, transportation and recreational purposes, 
     establishing the network which made new York the ``Empire 
     State'' and the Nation's premier commercial and financial 
     center;
       (2) the canals and adjacent areas that comprise the Erie 
     Canalway are a nationally significant resource of historic 
     and recreational value, which merit Federal recognition and 
     assistance;
       (3) the Erie Canalway was instrumental in the establishment 
     of strong political and cultural ties between New England, 
     upstate New York and the old Northwest and facilitated the 
     movement of ideas and people ensuring that social reforms 
     like the abolition of slavery and the women's rights movement 
     spread across upstate New York to the rest of the country;
       (4) the construction of the Erie Canalway was considered a 
     supreme engineering feat, and most American canals were 
     modeled after New York State's canal;
       (5) at the time of construction, the Erie Canalway was the 
     largest public works project ever undertaken by a state, 
     resulting in the creation of critical transportation and 
     commercial routes to transport passengers and goods;
       (6) the Erie Canalway played a key role in turning New York 
     City into a major port and New York State into the preeminent 
     center for

[[Page H12292]]

     commerce, industry, and finance in North America and provided 
     a permanent commercial link between the Port of New York and 
     the cities of eastern Canada, a cornerstone of the peaceful 
     relationship between the two countries;
       (7) the Erie Canalway proved the depth and force of 
     American ingenuity, solidified a national identity, and found 
     an enduring place in American legend, song, and art;
       (8) there is national interest in the preservation and 
     interpretation of the Erie Canalway's important historical, 
     natural, cultural, and scenic resources; and
       (9) partnerships among Federal, State, and local 
     governments and their regional entities, non-profit 
     organizations, and the private sector offer the most 
     effective opportunities for the preservation and 
     interpretation of the Erie Canalway.
       (b) Purposes.--The purposes of this title are--
       (1) to designate the Erie Canalway National Heritage 
     Corridor;
       (2) to provide for and assist in the identification, 
     preservation, promotion, maintenance and interpretation of 
     the historical, natural, cultural, scenic, and recreational 
     resources of the Erie Canalway in ways that reflect its 
     national significance for the benefit of current and future 
     generations;
       (3) to promote and provide access to the Erie Canalway's 
     historical, natural, cultural, scenic and recreational 
     resources;
       (4) to provide a frame work to assist the State of New 
     York, its units of local government, and the communities 
     within the Erie Canalway in the development of integrated 
     cultural, historical, recreational, economic, and community 
     development programs in order to enhance and interpret the 
     unique and nationally significant resources of the Erie 
     Canalway; and
       (5) to authorize Federal financial and technical assistance 
     to the Commission to serve these purposes for the benefit of 
     the people of the State of New York and the nation.

     SEC. 803. THE ERIE CANALWAY NATIONAL HERITAGE CORRIDOR.

       (a) Establishment.--To carry out the purposes of this title 
     there is established the Erie Canalway National Heritage 
     Corridor in the State of New York.
       (b) Boundaries.--The boundaries of the Corridor shall 
     include those lands generally depicted on a map entitled 
     ``Erie Canalway National Heritage Area'' numbered ERIE/80,000 
     and dated October 2000. This map shall be on file and 
     available for public inspection in the appropriate office of 
     the National Park Service, the office of the Commission, and 
     the office of the New York State Canal Corporation in Albany, 
     New York.
       (c) Ownership and Operation of the New York State Canal 
     System.--The New York State Canal System shall continue to be 
     owned, operated, and managed by the State of New York.

     SEC. 804. THE ERIE CANALWAY NATIONAL HERITAGE CORRIDOR 
                   COMMISSION.

       (a) Establishment.--There is established the Erie Canalway 
     National Heritage Corridor Commission. The purpose of the 
     Commission shall be--
       (1) to work with Federal, State, and local authorities to 
     develop and implement the Canalway Plan; and
       (2) to foster the integration of canal-related historical, 
     cultural, recreational, scenic, economic and community 
     development initiatives within the Corridor.
       (b) Membership.--The Commission shall be composed of 27 
     members as follows:
       (1) The Secretary of the Interior, ex-officio or the 
     Secretary's designee.
       (2) 7 members, appointed by the Secretary after 
     consideration of recommendations submitted by the Governor 
     and other appropriate officials, with knowledge and 
     experience of the following agencies or those agencies' 
     successors: The New York State Secretary of State, the New 
     York State Department of Environment Conservation, the New 
     York State Office of Parks, Recreation and Historic 
     Preservation, the New York State Department of Agriculture 
     and Markets, the New York State Department of Transportation, 
     and the New York State Canal Corporation, and the Empire 
     State Development Corporation.
       (3) The remaining 19 members who reside within the Corridor 
     and are geographically dispersed throughout the Corridor 
     shall be from local governments and the private sector with 
     knowledge of tourism, economic and community development, 
     regional planning, historic preservation, cultural or natural 
     resource management, conservation, recreation, and education 
     or museum services. These members will be appointed by the 
     Secretary as follows--
       (A) 11 members based on a recommendation from each member 
     of the United States House of Representatives whose district 
     shall encompass the Corridor. Each shall be a resident of the 
     district from which they shall be recommended.
       (B) 2 members based on a recommendation from each United 
     States Senator from New York State.
       (C) 6 members who shall be residents of any county 
     constituting the Corridor. One such member shall have 
     knowledge and experience of the Canal Recreationway 
     Commission.
       (c) Appointments and Vacancies.--Members of the Commission 
     other than ex-officio members shall be appointed for terms of 
     3 years. Of the original appointments, 6 shall be for a term 
     of 1 year, 6 shall be for a term of 2 years and 7 shall be 
     for a term of 3 years. Any member of the Commission appointed 
     for a definite term may serve after expiration of the term 
     until the successor of the member is appointed. Any member 
     appointed to fill a vacancy shall serve for the remainder of 
     the term for which the predecessor was appointed. Any vacancy 
     on the Commission shall be filled in the same manner in which 
     the original appointment was made.
       (d) Compensation.--Members of the Commission shall receive 
     no compensation for their service on the Commission. Members 
     of the Commission, other than employees of the State and 
     Canal Corporation, while away from their homes or regular 
     places of business to perform services for the Commission, 
     shall be allowed travel expenses, including per diem in lieu 
     of subsistence, in the same manner as persons employed 
     intermittently in Government service are allowed under 
     section 5703 of title 5, United States Code.
       (e) Election of Offices.--The Commission shall elect the 
     chairperson and the vice chairperson on an annual basis. The 
     vice chairperson shall serve as the chairperson in the 
     absence of the chairperson.
       (f) Quorum and Voting.--14 members of the Commission shall 
     constitute a quorum but a lesser number may hold hearings. 
     Any member of the Commission may vote by means of a signed 
     proxy exercised by another member of the Commission, however, 
     any member voting by proxy shall not be considered present 
     for purposes of establishing a quorum. For the transaction of 
     any business or the exercise of any power of the Commission, 
     the Commission shall have the power to act by a majority vote 
     of the members present at any meeting at which a quorum is in 
     attendance.
       (g) Meetings.--The Commission shall meet at least quarterly 
     at the call of the chairperson or 14 of its members. Notice 
     of Commission meetings and agendas for the meeting shall be 
     published in local newspapers throughout the Corridor. 
     Meetings of the Commission shall be subject to section 552b 
     of title 5, United States Code (relating to open meetings).
       (h) Powers of the Commission.--To the extent that Federal 
     funds are appropriated, the Commission is authorized--
       (1) to procure temporary and intermittent services and 
     administrative facilities at rates determined to be 
     reasonable by the Commission to carry out the 
     responsibilities of the Commission;
       (2) to request and accept the services of personnel 
     detailed from the State of New York or any political 
     subdivision, and to reimburse the State or political 
     subdivision for such services;
       (3) to request and accept the services of any Federal 
     agency personnel, and to reimburse the Federal agency for 
     such services;
       (4) to appoint and fix the compensation of staff to carry 
     out its duties;
       (5) to enter into cooperative agreements with the State of 
     New York, with any political subdivision of the State, or any 
     person for the purposes of carrying out the duties of the 
     Commission;
       (6) to make grants to assist in the preparation and 
     implementation of the Canalway Plan;
       (7) to seek, accept, and dispose of gifts, bequests, 
     grants, or donations of money, personal property, or 
     services, received from any source. For purposes of section 
     170(c) of the Internal Revenue Code of 1986, any gift to the 
     Commission shall be deemed to be a gift to the United States;
       (8) to assist others in developing educational, 
     informational, and interpretive programs and facilities, and 
     other such activities that may promote the implementation 
     of the Canalway Plan;
       (9) to hold hearings, sit and act at such times and places, 
     take such testimony, and receive such evidence, as the 
     Commission may consider appropriate; the Commission may not 
     issue subpoenas or exercise any subpoena authority;
       (10) to use the United States mails in the same manner as 
     other departments or agencies of the United States;
       (11) to request and receive from the Administrator of 
     General Services, on a reimbursable basis, such 
     administrative support services as the Commission may 
     request; and
       (12) to establish such advisory groups as the Commission 
     deems necessary.
       (i) Acquisition of Property.--Except as provided for 
     leasing administrative facilities under subsection 804(h)(1), 
     the Commission may not acquire any real property or interest 
     in real property.
       (j) Termination.--The Commission shall terminate on the day 
     occurring 10 years after the date of the enactment of this 
     title.

     SEC. 805. DUTIES OF THE COMMISSION.

       (a) Preparation of Canalway Plan.--Not later than 3 years 
     after the Commission receives Federal funding for this 
     purpose, the Commission shall prepare and submit a 
     comprehensive preservation and management Canalway Plan for 
     the Corridor to the Secretary and the Governor for review and 
     approval. In addition to the requirements outlined for the 
     Canalway Plan in section 806, the Canalway Plan shall 
     incorporate and integrate existing federal, state, and local 
     plans to the extent appropriate regarding historic 
     preservation, conservation, education and interpretation, 
     community development, and tourism-related economic 
     development for the Corridor that are consistent with the 
     purpose of this title. The Commission shall solicit public 
     comment on the development of the Canalway Plan.
       (b) Implementation of Canalway Plan.--After the Commission 
     receives Federal funding for this purpose, and after review 
     and upon approval of the Canalway Plan by the Secretary and 
     the Governor, the Commission shall--
       (1) undertake action to implement the Canalway Plan so as 
     to assist the people of the State of New York in enhancing 
     and interpreting the historical, cultural, educational, 
     natural, scenic, and recreational potential of the Corridor 
     identified in the Canalway Plan; and
       (2) support public and private efforts in conservation and 
     preservation of the Canalway's cultural and natural resources 
     and economic revitalization consistent with the goals of the 
     Canalway Plan.

[[Page H12293]]

       (c) Priority Actions.--Priority actions which may be 
     carried out by the Commission under subsection 805(b), 
     include the following:
       (1) assisting in the appropriate preservation treatment of 
     the remaining elements of the original Erie Canal;
       (2) assisting the State, and local governments, and 
     nonprofit organizations in designing, establishing and 
     maintaining visitor centers, museums, and other interpretive 
     exhibits in the Corridor;
       (3) assisting in the public awareness and appreciation for 
     the historic, cultural, natural, scenic, and recreational 
     resources and sites in the Corridor;
       (4) assisting the State of New York, local governments, and 
     nonprofit organizations in the preservation and restoration 
     of any historic building, site, or district in the Corridor;
       (5) encouraging, by appropriate means, enhanced economic 
     development in the Corridor consistent with the goals of the 
     Canalway Plan and the purposes of this title; and
       (6) ensuring that clear, consistent signs identifying 
     access points and sites of interest are put in place in the 
     Corridor.
       (d) Annual Reports and Audits.--For any year in which 
     Federal funds have been received under this title, the 
     Commission shall submit an annual report and shall make 
     available an audit of all relevant records to the Governor 
     and the Secretary identifying its expenses and any income, 
     the entities to which any grants or technical assistance were 
     made during the year for which the report was made, and 
     contributions by other parties toward achieving Corridor 
     purposes.

     SEC. 806. CANALWAY PLAN.

       (a) Canalway Plan Requirements.--The Canalway Plan shall--
       (1) include a review of existing plans for the Corridor, 
     including the Canal Recreationway Plan and Canal 
     Revitalization Program, and incorporate them to the extent 
     feasible to ensure consistence with local, regional and state 
     planning efforts;
       (2) provide a thematic inventory, survey, and evaluation of 
     historic properties that should be conserved, restored, 
     developed, or maintained because of their natural, cultural, 
     or historic significance within the Corridor in accordance 
     with the regulations for the National Register of Historic 
     Places;
       (3) identify public and private-sector preservation goals 
     and strategies for the Corridor;
       (4) include a comprehensive interpretive plan that 
     identifies, develops, supports, and enhances interpretation 
     and education programs within the Corridor that may include--
       (A) research related to the construction and history of the 
     canals and the cultural heritage of the canal workers, their 
     families, those that traveled along the canals, the 
     associated farming activities, the landscape, and the 
     communities;
       (B) documentation of and methods to support the 
     perpetuation of music, art, poetry, literature and folkways 
     associated with the canals; and
       (C) educational and interpretative programs related to the 
     Erie Canalway developed in cooperation with State and local 
     governments, educational institutions, and nonprofit 
     institutions;
       (5) include a strategy to further the recreational 
     development of the Corridor that will enable users to 
     uniquely experience the canal system;
       (6) propose programs to protect, interpret and promote the 
     Corridor's historical, cultural, recreational, educational, 
     scenic and natural resources;
       (7) include an inventory of canal-related natural, cultural 
     and historic sites and resources located in the Area;
       (8) recommend Federal, State, and local strategies and 
     policies to support economic development, especially tourism-
     related development and recreation, consistent with the 
     purposes of the Corridor;
       (9) develop criteria and priorities for financial 
     preservation assistance;
       (10) identify and foster strong cooperative relationships 
     between the National Parks Service, the New York State Canal 
     Corporation, other Federal and State agencies, and 
     nongovernmental organizations;
       (11) recommend specific areas for development of 
     interpretive, educational, and technical assistance centers 
     associated with the Corridor; and
       (12) contain a program for implementation of the Canalway 
     Plan by all necessary parties.
       (b) Approval of the Canalway Plan.--The Secretary and the 
     Governor shall approve or disapprove the Canalway Plan not 
     later than 90 days after receiving the Canalway Plan.
       (c) Criteria.--The Secretary may not approve the plan 
     unless the Secretary finds that the plan, if implemented, 
     would adequately protect the significant historical, 
     cultural, natural, and recreational resources of the Corridor 
     and consistent with such protection provide adequate and 
     appropriate outdoor recreational opportunities and economic 
     activities within the Corridor. In determining whether or not 
     to approve the Canalway Plan, the Secretary shall consider 
     whether--
       (1) the Commission has afforded adequate opportunity, 
     including public hearings, for public and governmental 
     involvement in the preparation of the Canalway Plan; and
       (2) the Secretary has received adequate assurances from the 
     Governor and appropriate state officials that the recommended 
     implementation program identified in the plan will be 
     initiated within a reasonable time after the date of approval 
     of the Canalway Plan and such program will ensure effective 
     implementation of State and local aspects of the Canalway 
     Plan.
       (d) Disapproval of Canalway Plan.--If the Secretary or the 
     Governor do not approve the Canalway Plan, the Secretary or 
     the Governor shall advise the Commission in writing within 90 
     days the reasons therefore and shall indicate any 
     recommendations for revisions. Following completion of any 
     necessary revisions of the Canalway Plan, the Secretary and 
     the Governor shall have 90 days to either approve or 
     disapprove of the revised Canalway Plan.
       (e) Amendments to Canalway Plan.--The Secretary and the 
     Governor shall review substantial amendments to the Canalway 
     Plan. Funds appropriated pursuant to this title may not be 
     expended to implement the changes made by such amendments 
     until the Secretary and the Governor approve the amendments.

     SEC. 807. DUTIES OF THE SECRETARY.

       (a) In General.--The Secretary is authorized to assist the 
     Commission in the preparation of the Canalway Plan.
       (b) Technical Assistance.--Pursuant to an approved Canalway 
     Plan, the Secretary is authorized to enter into cooperative 
     agreements with, provide technical assistance to and award 
     grants to the Commission to provide for the preservation and 
     interpretation of the natural, cultural, historical, 
     recreational, and scenic resources of the Corridor, if 
     requested by the Commission.
       (c) Early Actions.--Prior to approval of the Canalway Plan, 
     with the approval of the Commission, the Secretary may 
     provide technical and planning assistance for early actions 
     that are important to the purposes of this title and that 
     protect and preserve resources.
       (d) Canalway Plan Implementation.--Upon approval of the 
     Canalway Plan, the Secretary is authorized to implement those 
     activities that the Canalway Plan has identified that are the 
     responsibility of the Secretary or agent of the Secretary to 
     undertake in the implementation of the Canalway Plan.
       (e) Detail.--Each fiscal year during the existence of the 
     Commission and upon the request of the Commission, the 
     Secretary shall detail to the Commission, on a 
     nonreimbursable basis, 2 employees of the Department of the 
     Interior to enable the Commission to carry out the 
     Commission's duties with regard to the preparation and 
     approval of the Canalway Plan. Such detail shall be without 
     interruption or loss of civil service status, benefits, or 
     privileges.

     SEC. 808. DUTIES OF OTHER FEDERAL ENTITIES.

       Any Federal entity conducting or supporting any activity 
     directly affecting the Corridor, and any unit of government 
     acting pursuant to a grant of Federal funds or a Federal 
     permit or agreement conducting or supporting such activities 
     may--
       (1) consult with the Secretary and the Commission with 
     respect to such activities;
       (2) cooperate with the Secretary and the Commission in 
     carrying out their duties under this title and coordinate 
     such activities with the carrying out of such duties; and
       (3) conduct or support such activities in a manner 
     consistent with the Canalway Plan unless the Federal entity, 
     after consultation with the Secretary and the Commission, 
     determines there is no practicable alternative.

     SEC. 809. SAVINGS PROVISIONS.

       (a) Authority of Governments.--Nothing in this title shall 
     be construed to modify, enlarge, or diminish any authority of 
     the Federal, State, or local governments to regulate any use 
     of land as provided for by law or regulation.
       (b) Zoning or Land.--Nothing in this title shall be 
     construed to grant powers of zoning or land use to the 
     Commission.
       (c) Local Authority and Private Property.--Nothing in this 
     title shall be construed to affect or to authorize the 
     Commission to interfere with--
       (1) the rights of any person with respect to private 
     property;
       (2) any local zoning ordinance or land use plan of the 
     State of New York or political subdivision thereof; or
       (3) any State or local canal related development plans 
     including but not limited to the Canal Recreationway Plan and 
     the Canal Revitalization Program.
       (d) Fish and Wildlife.--The designation of the Corridor 
     shall not be diminish the authority of the State of New York 
     to manage fish and wildlife, including the regulation of 
     fishing and hunting within the Corridor.

     SEC. 810. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--
       (1) Corridor.--There is authorized to be appropriated for 
     the Corridor not more than $1,000,000 for any fiscal year. 
     Not more than a total of $10,000,000 may be appropriated for 
     the Corridor under this title.
       (2) Matching requirement.--Federal funding provided under 
     this paragraph may not exceed 50 percent of the total cost of 
     any activity carried out with such funds. The non-Federal 
     share of such support may be in the form of cash, services, 
     or in-kind contributions, fairly valued.
       (b) Other Funding.--In addition to the sums authorized in 
     subsection (a), there are authorized to be appropriated to 
     the Secretary of the Interior such sums as are necessary for 
     the Secretary for planning and technical assistance.

                  TITLE IX--LAW ENFORCEMENT PAY EQUITY

     SEC. 901. SHORT TITLE

       This title may be cited as the ``Law Enforcement Pay Equity 
     Act of 2000''.

     SEC. 902. ESTABLISHMENT OF UNIFORM SALARY SCHEDULE FOR UNITED 
                   STATES SECRET SERVICE UNIFORMED DIVISION AND 
                   UNITED STATES PARK POLICE.

       (a) In General.--Section 501(c)(1) of the District of 
     Columbia Police and Firemen's Salary Act of 1958 (sec. 4-
     416(c)(1), DC Code) is amended to read as follows:
       ``(c)(1) The annual rates of basic compensation of officers 
     and members of the United States

[[Page H12294]]

     Secret Service Uniformed Division and the United States Park 
     Police, serving in classes corresponding or similar to those 
     in the salary schedule in section 101, shall be fixed in 
     accordance with the following schedule of rates:


----------------------------------------------------------------------------------------------------------------
      ``Salary class and title         Step 1     Step 2     Step 3     Step 4     Step 5     Step 6     Step 7
----------------------------------------------------------------------------------------------------------------
         Time between steps                      52 weeks
                                                      104 weeks
----------------------------------------------------------------------------------------------------------------
          Years in service                          1          2          3          5          7          9
----------------------------------------------------------------------------------------------------------------
1: Private.........................     32,623     34,587     36,626     38,306     41,001     43,728     45,407
3: Detective.......................                           42,378     44,502     46,620     48,746     50,837
4: Sergeant........................                                      46,151     48,446     50,746     53,056
5: Lieutenant \1\..................                                                 50,910     53,462     56,545
7: Captain \1\.....................                                                            59,802     62,799
8: Inspector/Major \1\.............                                                            69,163     72,760
9: Deputy Chief \1\................                                                            79,768     85,158
10: Assistant Chief \2\
11: Chief, United States Secret
 Service Uniformed Division, United
 States Park Police \3\
----------------------------------------------------------------------------------------------------------------
\1\ The rate of basic pay for positions in Salary Class 5, 7, 8, and 9 is limited to 95 percent of the rate of
  pay for level V of the Executive Schedule.
\2\ The rate of basic pay for positions in Salary Class 10 will be equal to 95 percent of the rate of pay for
  level V of the Executive Schedule.
\3\ The rate of basic pay for positions in Salary Class 11 will be equal to the rate of pay for level V of the
  Executive Schedule.



----------------------------------------------------------------------------------------------------------------
      ``Salary class and title         Step 8     Step 9    Step 10    Step 11    Step 12    Step 13    Step 14
----------------------------------------------------------------------------------------------------------------
         Time between steps                104 weeks
                                                      208 weeks
----------------------------------------------------------------------------------------------------------------
          Years in service               11         13         15         18         22         26         30
----------------------------------------------------------------------------------------------------------------
1: Private.........................     47,107     48,801     50,498     53,448     55,394     57,036     58,746
3: Detective.......................     52,972     55,086     57,204     61,212     63,337     65,462     67,426
4: Sergeant........................     55,372     57,691     59,999     63,558     65,867     68,176     70,221
5: Lieutenant \1\..................     59,120     61,688     64,258     68,197     70,744     73,290     75,489
7: Captain \1\.....................     65,797     68,757     71,747     76,292     79,309     82,325     84,796
8: Inspector/Major \1\.............     76,542     80,524     83,983     87,645     91,827     95,464     99,075
9: Deputy Chief \1\................     90,578     95,980     99,968    103,957    107,945    111,933    115,291
10: Assistant Chief \2\
11: Chief, United States Secret
 Service Uniformed Division, United
 States Park Police \3\
----------------------------------------------------------------------------------------------------------------
\1\ The rate of basic pay for positions in Salary Class 5, 7, 8, and 9 is limited to 95 percent of the rate of
  pay for level V of the Executive Schedule.
\2\ The rate of basic pay for positions in Salary Class 10 will be equal to 95 percent of the rate of pay for
  level V of the Executive Schedule.
\3\ The rate of basic pay for positions in Salary Class 11 will be equal to the rate of pay for level V of the
  Executive Schedule.

       (b) Freeze of Current Rate for Locality-based Comparability 
     Adjustments.--Notwithstanding any other provision of law, 
     including this title or any provision of law amended by this 
     title, no officer or member of the United States Secret 
     Service Uniformed Division or the United States Park Police 
     may be paid locality pay under section 5304 or section 5304a 
     of title 5, United States Code, at a percentage rate for the 
     applicable locality in excess of the rate in effect for pay 
     periods during calendar year 2000.
       (c) Conforming Amendments.--
       (1) Application of provisions to park police.--Section 
     501(c) of such Act (sec. 4-416(c), DC Code) is amended--
       (A) in paragraph (2), by striking ``Treasury'' and 
     inserting the following: ``Treasury, and the annual rates of 
     basic compensation of officers and members of the United 
     States Park Police shall be adjusted by the Secretary of the 
     Interior,'';
       (B) in paragraph (5), by inserting after ``Uniformed 
     Division'' the following: ``or officers and members of the 
     United States Park Police'';
       (C) in paragraph (6)(A), by inserting after ``Uniformed 
     Division'' the following: ``or the United States Park 
     Police''; and
       (D) in paragraph (7)(A), by inserting after ``Uniformed 
     Division'' the following: ``or the United States Park 
     Police''.
       (2) Termination of current adjustment authority.--Section 
     501(b) of such Act (sec. 4-416(b), DC Code) is amended by 
     adding at the end the following new paragraph:
       ``(4) This subsection shall not apply with respect to any 
     pay period for which the salary schedule under subsection (c) 
     applies to the United States Park Police.''.

     SEC. 903. REVISION OF CAPS ON MAXIMUM COMPENSATION.

       (a) Annual Salary Under Schedule.--Section 501(c)(2) of the 
     District of Columbia Police and Firemen's Salary Act of 1958 
     (sec. 4-416(c)(2), DC Code) is amended by striking the period 
     at the end and inserting the following: ``, except that in no 
     case may the annual rate of basic compensation for any such 
     officer or member exceed the rate of basic pay payable for 
     level IV of the Executive Schedule contained in subchapter II 
     of chapter 53 of title 5, United States Code.''.
       (b) Repeal of Cap on Combined Basic Pay and Longevity 
     Pay.--Section 501(c) of such Act (sec. 4-416(c), DC Code) is 
     amended by striking paragraph (4).
       (c) Limitation on Pay Period Earnings for Comp Time.--
     Section 1(h) of the Act entitled ``An Act to provide a five-
     day week for officers and members of the Metropolitan Police 
     force, the United States Park Police force, and the White 
     House Police force, and for other purposes'', approved August 
     15, 1950 (sec. 4-1104(h), DC Code), is amended--
       (1) in paragraphs (1) and (2), by striking ``Metropolitan 
     Police force; or of the Fire Department of the District of 
     Columbia; or of the United States Park Police'' each place it 
     appears and inserting ``Metropolitan Police force or of the 
     Fire Department of the District of Columbia''; and
       (2) in paragraph (3), by inserting after ``United States 
     Secret Service Uniformed Division'' each place it appears the 
     following: ``or of the United States Park Police''.

     SEC. 904. DETERMINATION OF SERVICE STEP ADJUSTMENTS.

       (a) Method for Determination of Adjustments.--Section 
     303(a) of the District of Columbia Police and Firemen's 
     Salary Act of 1958 (sec. 4-412(a), DC Code) is amended--
       (1) in the matter preceding paragraph (1), by ``Each'' and 
     inserting ``Except as provided in paragraph (5), each''; and
       (2) by adding at the end the following new paragraph:
       ``(5) Each officer and member of the United States Secret 
     Service Uniformed Division and the United States Park Police 
     with a current performance rating of `satisfactory' or 
     better, shall have a service step adjustment in the following 
     manner:
       ``(A) Each officer and member in service step 1, 2, or 3 
     shall be advanced in compensation successively to the next 
     higher service step at the beginning of the 1st pay period 
     immediately subsequent to the completion of 52 calendar weeks 
     of active service in the officer's or member's service step.
       ``(B) Each officer and member in service step 4, 5, 6, 7, 
     8, or 9 shall be advanced in compensation successively to the 
     next higher service step at the beginning of the 1st pay 
     period immediately subsequent to the completion of 104 
     calendar weeks of active service in the officer's or member's 
     service step.
       ``(C) Each officer and member in service step 10 shall be 
     advanced in compensation successively to the next higher 
     service step at the beginning of the 1st pay period 
     immediately subsequent to the completion of 156 calendar 
     weeks of active service in the officer's or member's service 
     step.
       ``(D) Each officer and member in service steps 11 or 12, or 
     13 shall be advanced in compensation successively to the next 
     higher service step

[[Page H12295]]

     at the beginning of the 1st pay period immediately subsequent 
     to the completion of 208 calendar weeks of active service in 
     the officer's or member's service step.''.
       (b) Use of Total Creditable Service To Determine Step 
     Placement.--Section 304 of such Act (sec. 4-413, DC Code) is 
     amended--
       (1) in subsection (a), by striking ``(b)'' and inserting 
     ``(b) or (c)''; and
       (2) by adding at the end the following new subsection:
       ``(c)(1) Each officer and member of the United States 
     Secret Service Uniformed Division or the United States Park 
     Police who is promoted or transferred to a higher salary 
     shall receive basic compensation in accordance with the 
     officer's or member's total creditable service.
       ``(2) For purposes of this subsection, an officer's or 
     member's creditable service is any police service in pay 
     status with the United States Secret Service Uniformed 
     Division, United States Park Police, or Metropolitan Police 
     Department.''.
       (c) Conforming Amendment.--Section 401(a) of such Act (sec. 
     4-415(a), DC Code) is amended by adding at the end the 
     following new paragraph:
       ``(4) This subsection shall not apply to officers and 
     members of the United States Secret Service Uniformed 
     Division or the United States Park Police.''.

     SEC. 905. CONVERSION TO NEW SALARY SCHEDULE.

       (a) In General.--
       (1) Determination of rates of basic pay.--Effective on the 
     1st day of the 1st pay period beginning six months after the 
     date of enactment of this Act, the Secretary of the Treasury 
     shall fix the rates of basic pay for officers and members of 
     the United States Secret Service Uniformed Division, and the 
     Secretary of the Interior shall fix the rates of basic pay 
     for officers and members of the United States Park Police, in 
     accordance with this subsection.
       (2) Placement on revised salary schedule.--
       (A) In general.--Each officer and member shall be placed in 
     and receive basic compensation at the corresponding scheduled 
     service step of the salary schedule under section 501(c) of 
     the District of Columbia Police and Firemen's Salary Act of 
     1958 (as amended by section 902(a)) in accordance with the 
     member's total years of creditable service, receiving credit 
     for all service step adjustments. If the scheduled rate of 
     pay for the step to which the officer or member would be 
     assigned in accordance with this paragraph is lower than the 
     officer's or member's salary immediately prior to the 
     enactment of this paragraph, the officer or member will be 
     placed in and receive compensation at the next higher service 
     step.
       (B) Credit for increases during transition.--Each member 
     whose position is to be converted to the salary schedule 
     under section 501(b) of the District of Columbia Police and 
     Firemen's Salary Act of 1958 (as amended by subsection (a)) 
     and who, prior to the effective date of this section has 
     earned, but has not been credited with, an increase in his or 
     her rate of pay shall be afforded that increase before such 
     member is placed in the corresponding service step in the 
     salary schedule under section 501(b).
       (C) Creditable service described.--For purposes of this 
     paragraph, an officer's or member's creditable service is any 
     police service in pay status with the United States Secret 
     Service Uniformed Division, United States Park Police, or 
     Metropolitan Police Department.
       (b) Hold Harmless for Current Total Compensation.--
     Notwithstanding any other provision of law, if the total rate 
     of compensation for an officer or employee for any pay period 
     occurring after conversion to the salary schedule pursuant to 
     subsection (a) (determined by taking into account any 
     locality-based comparability adjustments, longevity pay, and 
     other adjustments paid in addition to the rate of basic 
     compensation) is less than the officer's or employee's total 
     rate of compensation (as so determined) on the date of 
     enactment, the rate of compensation for the officer or 
     employee for the pay period shall be equal to--
       (1) the rate of compensation on the date of enactment (as 
     so determined); increased by
       (2) a percentage equal to 50 percent of sum of the 
     percentage adjustments made in the rate of basic compensation 
     under section 501(c) of the District of Columbia Police and 
     Firemen's Salary Act of 1958 (as amended by subsection (a)) 
     for pay periods occurring after the date of enactment and 
     prior to the pay period involved.
       (c) Conversion Not Treated as Transfer or Promotion.--The 
     conversion of positions and individuals to appropriate 
     classes of the salary schedule under section 501(c) of the 
     District of Columbia Police and Firemen's Salary Act of 1958 
     (as amended by section 902(a)) and the initial adjustments of 
     rates of basic pay of those positions and individuals in 
     accordance with subsection (a) shall not be considered to be 
     transfers or promotions within the meaning of section 304 of 
     the District of Columbia Police and Firemen's Salary Act of 
     1958 (sec. 4-413, DC Code).
       (d) Transfer of Credit for Satisfactory Service.--Each 
     individual whose position is converted to the salary schedule 
     under section 501(c) of the District of Columbia Police and 
     Firemen's Salary Act of 1958 (as amended by section 902(a)) 
     in accordance with subsection (a) shall be granted credit for 
     purposes of such individual's first service step adjustment 
     under the salary schedule in such section 501(c) for all 
     satisfactory service performed by the individual since the 
     individual's last increase in basic pay prior to the 
     adjustment under that section.
       (e) Adjustment To Take Into Account General Schedule 
     Adjustments During Transition.--The rates provided under the 
     salary schedule under section 501(c) of the District of 
     Columbia Police and Firemen's Salary Act of 1958 (as amended 
     by section 902(a)) shall be increased by the percentage of 
     any annual adjustment applicable to the General Schedule 
     authorized under section 5303 of title 5, United States Code, 
     which takes effect during the period which begins on the date 
     of the enactment of this Act and ends on the 1st day of the 
     1st pay period beginning six months after the date of 
     enactment of this Act.
       (f) Conversion Not Treated as Salary Increase for Purposes 
     of Certain Pensions and Allowances.--The conversion of 
     positions and individuals to appropriate classes of the 
     salary schedule under section 501(c) of the District of 
     Columbia Police and Firemen's Salary Act of 1958 (as amended 
     by section 2(a)) and the initial adjustments of rates of 
     basic pay of those positions and individuals in accordance 
     with subsection (a) shall not be treated as an increase in 
     salary for purposes of section 3 of the Act entitled ``An Act 
     to provide increased pensions for widows and children of 
     deceased members of the Police Department and the Fire 
     Department of the District of Columbia'', approved August 4, 
     1949 (sec. 4-604, DC Code), or section 301 of the District of 
     Columbia Police and Firemen's Salary Act of 1953 (sec. 4-605, 
     DC Code).

     SEC. 906. PAY ADJUSTMENTS FOR CERTAIN POSITIONS.

       (a) Technician Duty.--Section 302 of the District of 
     Columbia Police and Firemen's Salary Act of 1958 (sec. 4-411, 
     DC Code) is amended--
       (1) in subsection (b), by striking ``$810 per annum'' and 
     inserting the following: ``$810 per annum, except in the case 
     of an officer or member of the United States Secret Service 
     Uniformed Division or the United States Park Police, who 
     shall receive a per annum amount equal to 6 percent of the 
     sum of such officer's or member's rate of basic compensation 
     plus locality pay adjustments'';

     SEC. 907. CONFORMING PROVISIONS RELATING TO FEDERAL LAW 
                   ENFORCEMENT PAY REFORM ACT.

       (a) Termination of Existing Special Salary Rates and 
     Adjustments.--Beginning on the effective date of this Act--
       (1) no existing special salary rates shall be authorized 
     for members of the United States Park Police under section 
     5305 of title 5, United States Code (or any previous similar 
     provision of law); and
       (2) no special rates of pay or special pay adjustments 
     shall be applicable to members of the United States Park 
     Police pursuant to section 405 of the Federal Law Enforcement 
     Pay Reform Act of 1990.
       (b) Conforming Amendments.--(1) Section 405(b) of the 
     Federal Law Enforcement Pay Reform Act of 1990 (5 U.S.C. 5303 
     note) is amended to read as follows:
       ``(b) This subsection applies with respect to any--
       ``(1) special agent within the Diplomatic Security Service;
       ``(2) probation officer (referred to in section 3672 of 
     title 18, United States Code); or
       ``(3) pretrial services officer (referred to in section 
     3153 of title 18, United States Code).''.
       (2) Section 405(c) of such Act (5 U.S.C. 5303 note) is 
     amended to read as follows:
       ``(c) For purposes of this section, the term `appropriate 
     agency head' means--
       ``(1) with respect to any individual under subsection 
     (b)(1), the Secretary of State; or
       ``(2) with respect to any individual under subsection 
     (b)(2) or (b)(3), the Director of the Administrative Office 
     of the United States Courts.''.

     SEC. 908. SERVICE LONGEVITY PAYMENTS FOR METROPOLITAN POLICE 
                   DEPARTMENT.

       (a) Inclusion of Service Longevity Payments in Amount of 
     Federal Benefit Payments Made to Metropolitan Police 
     Department Officers and Members.--Section 11012 of the 
     District of Columbia Retirement Protection Act of 1997 
     (Public Law 105-33; 111 Stat. 718; D.C. Code, sec. 1-762.2) 
     is amended by adding at the end the following new subsection:
       ``(e) Treatment of Increases in Certain Police Service 
     Longevity Payments.--For purposes of subsection (a), in 
     determining the amount of a Federal benefit payment made to 
     an officer or member of the Metropolitan Police Department, 
     the benefit payment to which the officer or member is 
     entitled under the District Retirement Program shall include 
     any amounts which would have been included in the benefit 
     payment under such Program if the amendments made by the 
     Police Recruiting and Retention Enhancement Amendment Act of 
     1999 had taken effect prior to the freeze date.''.
       (b) Conforming Amendment.--Section 11003(5) of such Act 
     (Public Law 105-33; 111 Stat. 717; D.C. Code, sec. 1-
     761.2(5)) is amended by inserting after ``except as'' the 
     following: ``provided under section 11012(e) and as''.
       (c) Effective Date.--The amendments made by this section 
     shall apply with respect to Federal benefit payments made 
     after the date of the enactment of this Act.

     SEC. 909. EFFECTIVE DATE.

       Except as provided in section 908(c), this title and the 
     amendments made by this title shall become effective on the 
     1st day of the 1st pay period beginning 6 months after the 
     date of enactment.

          TITLE X--DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                       Administrative Provisions

       Sec. 1001. Section 206(d) of the Departments of Veterans 
     Affairs and Housing and Urban Development, and Independent 
     Agencies Appropriations Act, 2000 (42 U.S.C. 12701 note) is 
     amended--
       (1) in paragraph (1), by striking ``V'' and inserting 
     ``III''; and

[[Page H12296]]

       (2) in paragraph (4), by striking ``reimbursable'' and 
     inserting ``non-reimbursable''.
       Sec. 1002. For purposes of Part 2, Subpart B of the Federal 
     Housing Enterprises Financial Safety and Soundness Act of 
     1992 (Public Law 102-550), notwithstanding any other 
     provision of law or regulation, for purposes of measuring the 
     extent of compliance with the housing goals for the years 
     2001, 2002, and 2003, the Secretary of Housing and Urban 
     Development shall assign, in the case of the Federal Home 
     Loan Mortgage Corporation, 1.35 units of credit toward 
     achievement of each housing goal for each unit of multifamily 
     housing (excepting units located in properties having between 
     five and fifty units) qualifying as affordable under such 
     housing goal.
       Sec. 1003. Notwithstanding any other provision of law, 
     neither the City of Toledo, Ohio, nor the Secretary of 
     Housing and Urban Development (HUD) is required to enforce 
     any requirements associated with Housing Development Grant 
     number 00H006H6402 provided to the City of Toledo, Ohio, that 
     prohibit or restrict the conversion of the rental units in 
     the Beacon Place project to condominium ownership: Provided, 
     that the City of Toledo and the Secretary of HUD are 
     authorized to take any actions necessary to cause any such 
     prohibition or restriction to be removed from the appropriate 
     land records and otherwise terminated: Provided further, That 
     converted units shall remain available as rental housing to 
     those persons, including low- and very-low income persons who 
     presently reside in the units: Provided further, That the 
     conversion proposal for Beacon Place apartments shall not 
     reduce the number of affordable housing units in Toledo: 
     Provided further, That any and all proceeds from such 
     conversion are used to retire debt associated with the Beacon 
     Place project or to rehabilitate the properties known as the 
     Cubbon Properties.
       Sec. 1004. The Comptroller General of the United States 
     shall conduct a study on the following topics--
       (a)(1) The adequacy of the capital structure of the Federal 
     Home Loan Bank (FHLB) System as it relates to the risks posed 
     by: (A) the traditional advances business of the FHLB System; 
     (B) the expanded collateral provisions and permissible uses 
     of advances under the Gramm-Leach-Bliley Act of 1999; and (C) 
     the MPF, and other programs providing for the direct 
     acquisition of mortgages. The analysis should examine the 
     credit risk, interest rate risk, and operations risk 
     associated with each structure;
       (2) The risks associated with further growth in the direct 
     acquisition of mortgages by the Federal Home Loan Bank 
     System; and
       (3) A comparison of the risk-based capital standard 
     proposed by the Federal Housing Finance Board for the Federal 
     Home Loan Bank System to the standard proposed by the Office 
     of Federal Housing Enterprise Oversight for the Federal 
     National Mortgage Association and the Federal Home Loan 
     Mortgage Corporation.
       (b) Not later than six months after the date of the 
     enactment of this Act, the Comptroller General shall submit 
     to the Committee on Banking, Housing, and Urban Affairs of 
     the Senate and the Committee on Banking and Financial 
     Services of the House of Representatives a report on the 
     study required under subsection (a).

                  TITLE XI--DEPARTMENT OF THE TREASURY

                        Administrative Provision

     SEC. 1102. HONORING THE NAVAJO CODE TALKERS.

       (a) Congress finds that--
       (1) On December 7, 1941, the Japanese Empire attacked Pearl 
     Harbor and war was declared by Congress the following day;
       (2) The military code, developed by the United States for 
     transmitting messages, had been deciphered by the Japanese, 
     and a search by United States Intelligence was made to 
     develop new means to counter the enemy;
       (3) The United States government called upon the Navajo 
     Nation to support the military effort by recruiting and 
     enlisting twenty-nine Navajo men to serve as Marine Corps 
     Radio Operators;
       (4) the number of Navajo enlistees later increased to more 
     than three hundred and fifty;
       (5) at the time, the Navajos were often treated as second-
     class citizens, and they were a people who were discouraged 
     from using their own native language;
       (6) the Navajo Marine Corps Radio Operators, who became 
     known as the ``Navajo Code Talkers'', were used to develop a 
     code using their native language to communicate military 
     messages in the Pacific;
       (7) to the enemy's frustration, the code developed by these 
     Native Americans proved to be unbreakable, and was used 
     extensively throughout the Pacific theater;
       (8) the Navajo language, discouraged in the past, was 
     instrumental in developing the most significant and 
     successful military code of the time;
       (9) at Iwo Jima alone, the Navajo Code Talkers passed over 
     800 error-free messages in a 48-hour period;
       (10) Use of the Navajo Code was so successful, that--
       (A) military commanders credited it in saving the lives of 
     countless American soldiers and in the success of the 
     engagements of the United States in the battles of 
     Guadalcanal, Tarawa, Saipan, Iwo Jima, and Okinawa;
       (B) some Code Talkers were guarded by fellow marines, whose 
     role was to kill them in case of imminent capture by the 
     enemy; and
       (C) the Navajo code was kept secret for 23 years after the 
     end of World War II;
       (11) following the conclusion of World War II, the 
     Department of Defense maintained the secrecy of the Navajo 
     code until it was declassified in 1968; and
       (12) only then did a realization of the sacrifice and valor 
     of these brave Native Americans emerge from history.
       (b)(1) To express recognition by the United States and its 
     citizens in honoring the Navajo Code Talkers, who 
     distinguished themselves in performing a unique, highly 
     successful communications operation that greatly assisted in 
     saving countless lives and hastening the end of World War II 
     in the Pacific, the President is authorized--
       (A) to award to each of the original twenty-nine Navajo 
     Code Talkers, or a surviving family member, on behalf of the 
     Congress, a gold medal of appropriate design, honoring the 
     Navajo Code Talkers; and
       (B) to award to each person who qualified as a Navajo Code 
     Talker (MOS 642), or a surviving family member, on behalf of 
     the Congress, a silver medal of appropriate design, honoring 
     the Navajo Code Talkers.
       (2) For purposes of the awards authorized by paragraph (l), 
     the Secretary of the Treasury (in this section referrd to as 
     the ``Secretary'') shall strike gold and silver medals with 
     suitable emblems, devices, and inscriptions, to be determined 
     by the Secretary.
       (c) The Secretary may strike and sell duplicates in bronze 
     of the medals struck pursuant to this section, under such 
     regulations as the Secretary may prescribe, and a price 
     sufficient to cover the costs thereof, including labor, 
     materials, dies, use of machinery, and overhead expenses, and 
     the cost of the medals.
       (d) The medals struck pursuant to this section are national 
     medals for purposes of chapter 51, of title 31, United States 
     Code.
       (e)(1) There is authorized to be charged against the United 
     States Mint Public Enterprise Fund, such sums as may be 
     necessary to pay for the costs of the medals authorized by 
     this section.
       (3) Amounts received from the sale of duplicate medals 
     under this section shall be deposited in the United States 
     Mint Public Enterprise Fund.

               TITLE XII--ENVIRONMENTAL PROTECTION AGENCY

                        Administrative Provision

     SEC. 1201. ABOVEGROUND STORAGE TANK GRANT PROGRAM.

       (a) Definitions.--In this provision:
       (1) Aboveground Storage Tank.--The term ``aboveground 
     storage tank'' means any tank or combination of tanks 
     (including any connected pipe)--
       (A) that is used to contain an accumulation of regulated 
     substances; and
       (B) the volume of which (including the volume of any 
     connected pipe) is located wholly above the surface of the 
     ground.
       (2) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (3) Denali Commission.--The term ``Denali Commission'' 
     means the commission established by section 303(a) of the 
     Denali Commission Act of 1998 (42 U.S.C. 3121 note).
       (4) Federal Environmental Law.--The term ``Federal 
     environmental law'' means--
       (A) the Oil Pollution Control Act of 1990 (33 U.S.C. 2701 
     et seq.);
       (B) the Comprehensive Environmental Response, Compensation, 
     and Liability Act of 1980 (42 U.S.C. 9601 et seq.);
       (C) the Soild Waste Disposal Act (42 U.S.C. 6901 et seq.); 
     or
       (D) the Federal Water Pollution Control Act (33 U.S.C. 1251 
     et seq.); or
       (E) any other Federal law that is applicable to the release 
     into the environment of a regulated substance, as determined 
     by the Administrator.
       (5) Native Village.--The term ``Native village'' has the 
     meaning given the term in section 11(b) in Public Law 92-203 
     (85 Stat. 688).
       (6) Program.--The term ``program'' means the Aboveground 
     Storage Tank Grant Program established by subsection (b)(1).
       (7) Regulated Substance.--The term ``regulated substance'' 
     has the meaning given the term in section 9001 of the Solid 
     Waste Disposal Act (42 U.S.C. 6991).
       (8) State.--The term ``State'' means the State of Alaska.
         (b) Establishment.--
       (1) In General.--There is established a grant program to be 
     known as the ``Aboveground Storage Tank Grant Program''.
       (2) Grants.--Under the program, the Administrator shall 
     award a grant to--
       (A) the State, on behalf of a Native village; or
       (B) the Denali Commission.
         (c) Use of Grants.--The State or the Denali Commission 
     shall use the funds of a grant under subsection (b) to 
     repair, upgrade, or replace 1 or more aboveground storage 
     tanks that--
       (l) leaks or poses an imminent threat of leaking, as 
     certified by the Administrator, the Commandant of the Coast 
     Guard, or any other appropriate Federal or State agency (as 
     determined by the Administrator); and
       (2) is located in a Native village--
       (A) the median household income of which is less than 80 
     percent of the median household income in the State;
       (B) that is located--
       (i) within the boundaries of--

       (I) a unit of the National Park System;
       (II) a unit of the National Wildlife Refuge System; or
       (III) a National Forest; or

       (ii) on public land under the administrative jurisdiction 
     of the Bureau of Land Management; or
       (C) that receives payments from the Federal Government 
     under chapter 69 of title 31, United States Code (commonly 
     known as ``payments in lieu of taxes'').
       (d) Reports.--Not later than 1 year after the date on which 
     the State or the Denali Commission receives a grant under 
     subsection (c), and annually thereafter, the State or the 
     Denali

[[Page H12297]]

     Commission, as the case may be, shall submit a report 
     describing each project completed with grant funds and any 
     projects planned for the following year, to--
       (1) the Administrator;
       (2) the Committee on Resources of the House of 
     Representatives;
       (3) the Committee on Environment and Public Works of the 
     Senate;
       (4) the Committee on Appropriations of the House of 
     Representatives; and
       (5) the Committee on Appropriations of the Senate.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this Act, to remain available 
     until expended--
       (1) $20,000,000 for year 2001; and
       (2) such sums as are necessary for each fiscal year 
     thereafter.

       TITLE XIII--NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

                        ADMINISTRATIVE PROVISION

       Sec. 1301. Of the proceeds in any fiscal year from the sale 
     of timber on Federal property at the John C. Stennis Space 
     Center, or on additional real property within the restricted 
     easement area adjacent to the Center, any funds that are in 
     excess of the amount necessary for the expenses of commonly 
     accepted forest management practices on such properties may 
     be retained and used by the National Aeronautics and Space 
     Administration for the acquisition from willing sellers of up 
     to a total of 500 acres of real property to establish 
     education and visitor programs and facilities that promote 
     and preserve the regional and national history of the area, 
     including the contributions of Stennis Space Center, and, as 
     necessary, for wetlands mitigation.

           TITLE XIV--CERTAIN ALASKAN CRUISE SHIP OPERATIONS

     SECTION 1401. PURPOSE.

       The purpose of this Title is to--
       (a) Ensure that cruise vessels operating in the waters of 
     the Alexander Archipelago and the navigable waters of the 
     United States within the State of Alaska and within the 
     Kachemak Bay National Estuarine Research Reserve comply with 
     all applicable environmental laws, including, but not limited 
     to, the Federal Water Pollution Control Act, as amended (33 
     U.S.C. 1251 et seq.), the Act to Prevent Pollution from 
     Ships, as amended (33 U.S.C. 1901 et seq.), and the 
     protections contained within this Title.
       (b) Ensure that cruise vessels do not discharge untreated 
     sewage within the waters of the Alexander Archipelago, the 
     navigable waters of the United States in the State of Alaska, 
     or within the Kachemak Bay National Estuarine Research 
     Reserve.
       (c) Prevent the unregulated discharge of treated sewage and 
     graywater while in ports in the State of Alaska or traveling 
     near the shore in the Alexander Archipelago and the navigable 
     waters of the United States in the State of Alaska or within 
     the Kachemak Bay National Estuarine Research Reserve.
       (d) Ensure that discharges of sewage and graywater from 
     cruise vessels operating in the Alexander Archipelago and the 
     navigable waters of the United States in the State of Alaska 
     or within the Kachemak Bay National Estuarine Research 
     Reserve can be monitored for compliance with the requirements 
     contained in this Title.

     SEC. 1402. APPLICABILITY.

       (a) This Title applies to all cruise vessels authorized to 
     carry 500 or more passengers for hire.

     SEC. 1403. PROHIBITION ON DISCHARGE OF UNTREATED SEWAGE.

       No person shall discharge any untreated sewage from a 
     cruise vessel into the waters of the Alexander Archipelago or 
     the navigable waters of the United States within the State of 
     Alaska or within the Kachemak Bay National Estuarine Research 
     Reserve.

     SEC. 1404. LIMITATIONS ON DISCHARGE OF TREATED SEWAGE OR 
                   GRAYWATER.

       (a) No person shall discharge any treated sewage or 
     graywater from a cruise vessel into the waters of the 
     Alexander Archipelago or the navigable waters of the United 
     States within the State of Alaska or within the Kachemak Bay 
     National Estuarine Research Reserve unless--
       (1) the cruise vessel is underway and proceeding at a speed 
     of not less than six knots;
       (2) the cruise vessel is not less than one nautical mile 
     from the nearest shore, except in areas designated by the 
     Secretary, in consultation with the State of Alaska;
       (3) the discharge complies with all applicable cruise 
     vessel effluent standards established pursuant to this Title 
     and any other applicable law; and
       (4) the cruise vessel is not in an area where the discharge 
     of treated sewage or graywater is prohibited.
       (b) The Administrator, in consultation with the Secretary, 
     may promulgate regulations allowing the discharge of treated 
     sewage or graywater, otherwise prohibited under paragraphs 
     (a)(1) and (a)(2) of this section, where the discharge meets 
     effluent standards determined by the Administrator as 
     appropriate for discharges into the marine environment. In 
     promulgating such regulations, the Administrator shall take 
     into account the best available scientific information on the 
     environmental effects of the regulated discharges. The 
     effluent discharge standards promulgated under this section 
     shall, at a minimum, be consistent with all relevant State of 
     Alaska water quality standards in force at the time of the 
     enactment of this Title.
       (c) Until such time as the Administrator promulgates 
     regulations under paragraph (b) of this section, treated 
     sewage and graywater may be discharged from vessels subject 
     to this Title in circumstances otherwise prohibited under 
     paragraphs (a)(1) and (a)(2) of this section, provided that--
       (1) the discharge satisfies the minimum level of effluent 
     quality specified in 40 CFR 133.102, as in effect on the date 
     of enactment of this Section;
       (2) the geometric mean of the samples from the discharge 
     during any 30-day period does not exceed 20 fecal coliform/
     100 ml and not more than 10 percent of the samples exceed 40 
     fecal coliform/100 ml;
       (3) concentrations of total residual chlorine may not 
     exceed 10.0 g/l; and,
       (4) prior to any such discharge occurring, the owner, 
     operator or master, or other person in charge of a cruise 
     vessel, can demonstrate test results from at least five 
     samples taken from the vessel representative of the effluent 
     to be discharged, on different days over a 30-day period, 
     conducted in accordance with the guidelines promulgated by 
     the Administrator in 40 CFR Part 136, which confirm that the 
     water quality of the effluents proposed for discharge is in 
     compliance with paragraphs (1), (2) and (3) of this 
     subsection. To the extent not otherwise being done by the 
     owner, operator, master or other person in charge of a cruise 
     vessel pursuant to section 1406, the owner, operator, master 
     or other person in charge of a cruise vessel shall 
     demonstrate continued compliance through periodic sampling. 
     Such sampling and test results shall be considered 
     environmental compliance records that must be made available 
     for inspection pursuant to section 1406(d) of this Title.

     SEC. 1405. SAFETY EXCEPTION.

       Sections 1403 and 1404 of this Title shall not apply to 
     discharges made for the purpose of securing the safety of the 
     cruise vessel or saving life at sea, provided that all 
     reasonable precautions have been taken for the purpose of 
     preventing or minimizing the discharge.

     SEC. 1406. INSPECTION AND SAMPLING REGIME.

       (a) The Secretary shall incorporate into the commercial 
     vessel examination program an inspection regime sufficient to 
     verify that cruise vessels visiting ports in the State of 
     Alaska or operating in the waters of the Alexander 
     Archipelago or the navigable waters of the United States 
     within the State of Alaska or within the Kachemak Bay 
     National Estuarine Research Reserve are in full compliance 
     with this Title, the Federal Water Pollution Control Act, as 
     amended, and any regulations issued thereunder, other 
     applicable Federal laws and regulations, and all 
     applicable international treaty requirements.
       (b) The inspection regime shall, at a minimum, include--
       (1) examination of environmental compliance records and 
     procedures;
       (2) inspection of the functionality and proper operation of 
     installed equipment for abatement and control of any 
     discharge;
       (c) The inspection regime may--
       (1) include unannounced inspections of any aspect of cruise 
     vessel operations, equipment or discharges pertinent to the 
     verification under subsection (a) of this section; and
       (2) require the owner, operator or master, or other person 
     in charge of a cruise vessel subject to this Title to 
     maintain and produce a logbook detailing the times, types, 
     volumes or flow rates and locations of any discharges of 
     sewage or graywater under this Title.
       (d) The inspection regime shall incorporate a plan for 
     sampling and testing cruise vessel discharges to ensure that 
     any discharges of sewage or graywater are in compliance with 
     this Title, the Federal Water Pollution Control Act, as 
     amended, and any other applicable laws and regulations, and 
     may require the owner, operator or master, or other person in 
     charge of a cruise vessel subject to this Title to conduct 
     such samples or tests, and to produce any records of such 
     sampling or testing at the request of the Secretary or 
     Administrator.

     SEC. 1407. CRUISE VESSEL EFFLUENT STANDARDS.

       Pursuant to this Title and the authority of the Federal 
     Water Pollution Control Act, as amended, the Administrator 
     may promulgate effluent standards for treated sewage and 
     graywater from cruise vessels operating in the waters of the 
     Alexander Archipelago or the navigable waters of the United 
     States within the State of Alaska or within the Kachemak Bay 
     National Estuarine Research Reserve. Regulations implementing 
     such standards shall take into account the best available 
     scientific information on the environmental effects of the 
     regulated discharges and the availability of new technologies 
     for wastewater treatment. Until such time as the 
     Administrator promulgates such effluent standards, treated 
     sewage effluent discharges shall not have a fecal coliform 
     bacterial count of greater than 200 per 100 milliliters nor 
     suspended solids greater than 150 milligrams per liter.

     SEC. 1408. REPORTS.

       (a) Any owner, operator or master, or other person in 
     charge of a cruise vessel who has knowledge of a discharge 
     from the cruise vessel in violation of section 1403 or 1404 
     or pursuant to section 1405 of this Title, or any regulations 
     promulgated thereunder, shall immediately report that 
     discharge to the Secretary, who shall provide a copy to the 
     Administrator upon request.
       (b) The Secretary may prescribe the form of reports 
     required under this section.

     SEC. 1409. ENFORCEMENT.

       (a) Administrative Penalties.--
       (1) Violations.--Any person who violates section 1403, 
     1404, 1408, or 1413 of this Title, or any regulations 
     promulgated pursuant to this Title may be assessed a class I 
     or class II civil penalty by the Secretary or the 
     Administrator.
       (2) Classes of penalties.--
       (A) Class i.--The amount of a class I civil penalty under 
     this section may not exceed $10,000 per violation, except 
     that the maximum

[[Page H12298]]

     amount of any class I civil penalty under this section shall 
     not exceed $25,000. Before assessing a civil penalty under 
     this clause, the Secretary or Administrator, as the case may 
     be, shall give to the person to be assessed such penalty 
     written notice of the Secretary's or Administrator's proposal 
     to assess the penalty and the opportunity to request, within 
     30 days of the date the notice is received by such person, a 
     hearing on the proposed penalty. Such hearing shall not be 
     subject to section 554 or 556 of Title 5, but shall provide a 
     reasonable opportunity to be heard and to present evidence.
       (B) Class ii.--The amount of a class II civil penalty under 
     this section may not exceed $10,000 per day for each day 
     during which the violation continues, except that the maximum 
     amount of any class II civil penalty under this section shall 
     not exceed $125,000. Except as otherwise provided in this 
     subsection, a class II civil penalty shall be assessed and 
     collected in the same manner, and subject to the same 
     provisions as in the case of civil penalties assessed and 
     collected after notice and an opportunity for a hearing on 
     the record in accordance with section 554 of Title 5, United 
     States Code. The Secretary and Administrator may issue rules 
     for discovery procedures for hearings under this paragraph.
       (3) Rights of interested persons.--
       (A) Public notice.--Before issuing an order assessing a 
     class II civil penalty under this section, the Secretary or 
     Administrator, as the case may be, shall provide public 
     notice of and reasonable opportunity to comment on the 
     proposed issuance of each order.
       (B) Presentation of evidence.--Any person who comments on a 
     proposed assessment of a class II civil penalty under this 
     section shall be given notice of any hearing held under this 
     paragraph and of the order assessing such penalty. In any 
     hearing held under this paragraph, such person shall have a 
     reasonable opportunity to be heard and present evidence.
       (C) Rights of interested persons to a hearing.--If no 
     hearing is held under subsection (2) before issuance of an 
     order assessing a class II civil penalty under this section, 
     any person who commented on the proposed assessment may 
     petition, within 30 days after the issuance of such order, 
     the Administrator or Secretary, as the case may be, to set 
     aside such order and to provide a hearing on the penalty. If 
     the evidence presented by the petitioner in support of the 
     petition is material and was not considered in the issuance 
     of the order, the Administrator or Secretary shall 
     immediately set aside such order and provide a hearing in 
     accordance with subsection (2)(B). If the Administrator or 
     Secretary denies a hearing under this clause, the 
     Administrator or Secretary shall provide to the petitioner, 
     and publish in the Federal Register, notice of and the 
     reasons for such denial.
       (4) Finality of order.--An order assessing a class II civil 
     penalty under this paragraph shall become final 30 days after 
     its issuance unless a petition for judicial review is filed 
     under subparagraph (6) or a hearing is requested under 
     subsection (3)(C). If such a hearing is denied, such order 
     shall become final 30 days after such denial.
       (5) Effect of action on compliance.--No action by the 
     Administrator or Secretary under this paragraph shall affect 
     any person's obligation to comply with any section of this 
     Title.
       (6) Judicial review.--Any person against whom a civil 
     penalty is assessed under this paragraph or who commented on 
     the proposed assessment of such penalty in accordance with 
     subsection (3) may obtain review of such assessment--
       (A) in the case of assessment of a class I civil penalty, 
     in the United States District Court for the District of 
     Columbia or in the District of Alaska, or
       (B) in the case of assessment of a class II civil penalty, 
     in United States Court of Appeals for the District of 
     Columbia Circuit or for any other circuit in which such 
     person resides or transacts business, by filing a notice of 
     appeal in such court within the 30-day period beginning on 
     the date the civil penalty order is issued and by 
     simultaneously sending a copy of such notice by certified 
     mail to the Administrator or Secretary, as the case may be, 
     and the Attorney General. The Administrator or Secretary 
     shall promptly file in such court a certified copy of the 
     record on which the order was issued. Such court shall not 
     set aside or remand such order unless there is not 
     substantial evidence in the record, taken as a whole, to 
     support the finding of a violation or unless the 
     Administrator's or Secretary's assessment of the penalty 
     constitutes an abuse of discretion and shall not impose 
     additional civil penalties for the same violation unless the 
     Administrator's or Secretary's assessment of the penalty 
     constitutes an abuse of discretion.
       (7) Collection.--If any person fails to pay an assessment 
     of a civil penalty--
       (A) after the assessment has become final, or
       (B) after a court in an action brought under subsection (6) 
     has entered a final judgment in favor of the Administrator or 
     Secretary, as the case may be, the Administrator or Secretary 
     shall request the Attorney General to bring a civil action in 
     an appropriate district court to recover the amount assessed 
     (plus interest at currently prevailing rates from the date of 
     the final order or the date of the final judgment, as the 
     case may be). In such an action, the validity, amount, and 
     appropriateness of such penalty shall not be subject to 
     review. Any person who fails to pay on a timely basis the 
     amount of an assessment of a civil penalty as described in 
     the first sentence of this subparagraph shall be required to 
     pay, in addition to such amount and interest, attorneys fees 
     and costs for collection proceedings and a quarterly 
     nonpayment penalty for each quarter during which such failure 
     to pay persists. Such nonpayment penalty shall be in an 
     amount equal to 20 percent of the aggregate amount of such 
     person's penalties and nonpayment penalties which are 
     unpaid as of the beginning of such quarter.
       (8) Subpoenas.--The Administrator or Secretary, as the case 
     may be, may issue subpoenas for the attendance and testimony 
     of witnesses and the production of relevant papers, books, or 
     documents in connection with hearings under this section. In 
     case of contumacy or refusal to obey a subpoena issued 
     pursuant to this subsection and served upon any person, the 
     district court of the United States for any district in which 
     such person is found, resides, or transacts business, upon 
     application by the United States and after notice to such 
     person, shall have jurisdiction to issue an order requiring 
     such person to appear and give testimony before the 
     Administrator or Secretary or to appear and produce documents 
     before the Administrator or Secretary, or both, and any 
     failure to obey such order of the court may be punished by 
     such court as a contempt thereof.
       (b) Civil Penalties.--
       (1) Generally.--Any person who violates section 1403, 1404, 
     1408 or 1413 of this Title, or any regulations promulgated 
     pursuant to this Title shall be subject to a civil penalty 
     not to exceed $25,000 per day for each violation. Each day a 
     violation continues constitutes a separate violation.
       (2) Jurisdiction.--An action to impose a civil penalty 
     under this section may be brought in the district court of 
     the United States for the district in which the defendant is 
     located, resides, or transacts business, and such court shall 
     have jurisdiction to assess such penalty.
       (3) Limitation.--A person is not liable for a civil 
     judicial penalty under this paragraph for a violation if the 
     person has been assessed a civil administrative penalty under 
     paragraph (a) for the violation.
       (c) Determination of Amount.--In determining the amount of 
     a civil penalty under paragraphs (a) or (b) of this section, 
     the court, the Secretary or the Administrator, as the case 
     may be, shall consider the seriousness of the violation or 
     violations, the economic benefit (if any) resulting from the 
     violation, any history of such violations, any good-faith 
     efforts to comply with the applicable requirements, the 
     economic impact of the penalty on the violator, and other 
     such matters as justice may require.
       (d) Criminal Penalties.--
       (1) Negligent violations.--Any person who negligently 
     violates section 1403, 1404, 1408 or 1413 of this Title, or 
     any regulations promulgated pursuant to this Title commits a 
     Class A misdemeanor.
       (2) Knowing violations.--Any person who knowingly violates 
     section 1403, 1404, 1408 or 1413 of this Title, or any 
     regulations promulgated pursuant to this Title commits a 
     Class D felony.
       (3) False statements.--Any person who knowingly makes any 
     false statement, representation, or certification in any 
     record, report or other document filed or required to be 
     maintained under this Title or the regulations issued 
     thereunder, or who falsifies, tampers with, or knowingly 
     renders inaccurate any testing or monitoring device or method 
     required to be maintained under this Title, or the 
     regulations issued thereunder, commits a Class D felony.
       (e) Awards.--
       (1) The Secretary, the Administrator or the court, when 
     assessing any fines or civil penalties, as the case may be, 
     may pay from any fines or civil penalties collected under 
     this section an amount not to exceed one-half of the penalty 
     or fine collected, to any individual who furnishes 
     information which leads to the payment of the penalty or 
     fine. If several individuals provide such information, the 
     amount shall be divided equitably among such individuals. No 
     officer or employee of the United States, the State of Alaska 
     or any Federally recognized Tribe who furnishes information 
     or renders service in the performance of his or her official 
     duties shall be eligible for payment under this subsection.
       (2) The Secretary, Administrator or the court, when 
     assessing any fines or civil penalties, as the case may be, 
     may pay, from any fines or civil penalties collected under 
     this section, to the State of Alaska or to any Federally 
     recognized Tribe providing information or investigative 
     assistance which leads to payment of the penalty or fine, an 
     amount which reflects the level of information or 
     investigative assistance provided. Should the State of Alaska 
     or a Federally recognized Tribe and an individual under 
     paragraph (1) of this section be eligible for an award, the 
     Secretary, the Administrator or the court, as the case may 
     be, shall divide the amount equitably.
       (f) Liability in Rem.--A cruise vessel operated in 
     violation of this Title or the regulations issued thereunder 
     is liable in rem for any fine imposed under subsection (d) of 
     this section or for any civil penalty imposed under 
     subsections (a) or (b) of this section, and may be proceeded 
     against in the United States district court of any district 
     in which the cruise vessel may be found.
       (g) Compliance Orders.--
       (1) In general.--Whenever on the basis of any information 
     available to him the Administrator finds that any person is 
     in violation of section 1403, 1404, 1408 or 1413 of this 
     Title, or any regulations promulgated pursuant to this Title, 
     the Administrator shall issue an order requiring such person 
     to comply with such section or requirement, or shall bring a 
     civil action in accordance with subsection (b).
       (2) Copies of orders, service.--A copy of any order issued 
     under this subsection shall be sent immediately by the 
     Administrator to the State of Alaska. In any case in which an 
     order under this subsection is issued to a corporation, a 
     copy of such order shall be served on any appropriate 
     corporate officer. Any order issued under this subsection 
     shall be by personal service, shall state with reasonable 
     specificity the

[[Page H12299]]

     nature of the violation, and shall specify a time for 
     compliance not to exceed thirty days in the case of a 
     violation of an interim compliance schedule or operation and 
     maintenance requirement and not to exceed a time the 
     Administrator determines to be reasonable in the case of a 
     violation of a final deadline, taking into account the 
     seriousness of the violation and any good faith efforts to 
     comply with applicable requirements.
       (h) Civil Actions.--The Administrator is authorized to 
     commence a civil action for appropriate relief, including a 
     permanent or temporary injunction, for any violation for 
     which he is authorized to issue a compliance order under this 
     subsection. Any action under subsection (h) may be brought in 
     the district court of the United States for the district in 
     which the defendant is located or resides or is doing 
     business, and such court shall have jurisdiction to restrain 
     such violation and to require compliance. Notice of the 
     commencement of such action shall be given immediately to the 
     State of Alaska.

     SEC. 1410. DESIGNATION OF CRUISE VESSEL NO-DISCHARGE ZONES.

       If the State of Alaska determines that the protection and 
     enhancement of the quality of some or all of the waters of 
     the Alexander Archipelago or the navigable waters of the 
     United States within the State of Alaska or within the 
     Kachemak Bay National Estuarine Research Reserve require 
     greater environmental protection, the State of Alaska may 
     petition the Administrator to prohibit the discharge of 
     graywater and sewage from cruise vessels operating in such 
     waters. The establishment of such a prohibition shall be 
     achieved in the same manner as the petitioning process and 
     prohibition of the discharge of sewage pursuant to Section 
     312(f) of the Federal Water Pollution Control Act, as 
     amended, and the regulations promulgated thereunder.

     SEC. 1411. SAVINGS CLAUSE.

       (a) Nothing in this Title shall be construed as 
     restricting, affecting or amending any other law or the 
     authority of any department, instrumentality or agency of the 
     United States.
       (b) Nothing in this Title shall in any way affect or 
     restrict, or be construed to affect or restrict, the 
     authority of the State of Alaska or any political subdivision 
     thereof--
       (1) to impose additional liability or additional 
     requirements; or
       (2) to impose, or determine the amount of an fine or 
     penalty (whether criminal or civil in nature) for any 
     violation of law; relating to the discharge of sewage 
     (whether treated or untreated) or graywater in the waters of 
     the Alexander Archipelago and the navigable waters of the 
     United States within the State of Alaska or within the 
     Kachemak Bay National Estuarine Research Reserve.

     SEC. 1412. REGULATIONS.

       The Secretary and the Administrator each may prescribe any 
     regulations necessary to carry out the provisions of this 
     Title.

     SEC. 1413. INFORMATION GATHERING AUTHORITY.

       The authority of Sections 308(a) and (b) of the Federal 
     Water Pollution Control Act, as amended, shall be available 
     to the Administrator to carry out the provisions of this 
     Title. The Administrator and the Secretary shall minimize, to 
     the extent practicable, duplication of or inconsistency with 
     the inspection, sampling, testing, record-keeping and 
     reporting requirements established by the Secretary under 
     section 1406 of this Title.

     SEC. 1414. DEFINITIONS.

       In this title:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the United States Environmental Protection 
     Agency.
       (2) Cruise vessel.--The term ``cruise vessel'' means a 
     passenger vessel as defined in section 2101(22) of Title 46, 
     United States Code. The term ``cruise vessel'' does not 
     include a vessel of the United States operated by the Federal 
     Government or a vessel owned and operated by the government 
     of a State.
       (3) Discharge.--The term ``discharge'' means any release 
     however caused from a cruise vessel, and includes any escape, 
     disposal, spilling, leaking, pumping, emitting or emptying.
       (4) Graywater.--The term ``graywater'' means only galley, 
     dishwasher, bath, and laundry waste water. The term does not 
     include other wastes or waste streams.
       (5) Navigable waters.--The term ``navigable waters'' has 
     the same meaning as in section 502 of the Federal Water 
     Pollution Control Act, as amended.
       (6) Person.--The term ``person'' means an individual, 
     corporation, partnership, limited liability company, 
     association, State, municipality, commission or political 
     subdivision of a State, or any Federally recognized Tribe.
       (7) Secretary.--The term ``Secretary'' means the Secretary 
     of the department in which the United States Coast Guard is 
     operating.
       (8) Sewage.--The term ``sewage'' means human body wastes 
     and the wastes from toilets and other receptacles intended to 
     receive or retain body waste.
       (9) Treated sewage.--The term ``treated sewage'' means 
     sewage meeting all applicable effluent limitation standards 
     and processing requirements of the Federal Water Pollution 
     Control Act, as amended and of this Title, and regulations 
     promulgated under either.
       (10) Untreated sewage.--The term ``untreated sewage'' means 
     sewage that is not treated sewage.
       (11) Waters of the alexander archipelago.--The term 
     ``waters of the Alexander Archipelago'' means all waters 
     under the sovereignty of the United States within or near 
     Southeast Alaska, beginning at a point 58 deg.11'41''N, 
     136 deg.39'25''W [near Cape Spencer Light], thence 
     southeasterly along a line three nautical miles seaward of 
     the baseline from which the breadth of the territorial sea is 
     measured in the Pacific Ocean and the Dixon Entrance, except 
     where this line intersects geodesics connecting the following 
     five pairs of points:
       (1) 58 deg.05'17''N, 136 deg.33'49''W and 58 deg.11'41''N, 
     136 deg.39'25''W [Cross Sound]
       (2) 56 deg.09'40''N, 134 deg.40'00''W and 55 deg.49'15''N, 
     134 deg.17'40''W [Chatham Strait]
       (3) 55 deg.49'15''N, 134 deg.17'40''W and 55 deg.50'30''N, 
     133 deg.54'15''W [Sumner Strait]
       (4) 54 deg.41'30''N, 132 deg.01'00''W and 54 deg.51''30''N, 
     131 deg.20'45''W [Clarence Strait]
       (5) 54 deg.51'30''N, 131 deg.20'45''W and 54 deg.46'15''N, 
     130 deg.52'00''W [Revillagigedo Channel]
       The portion of each such geodesic situated beyond 3 
     nautical miles from the baseline from which the breadth of 
     the territorial sea is measured forms the outer limit of the 
     waters of the Alexander Archipelago in those five locations.

                     TITLE XV--LIFE ACT AMENDMENTS

     SEC. 1501. SHORT TITLE.

       This title may be cited as the ``LIFE Act Amendments of 
     2000''.

     SEC. 1502. SUBSTITUTION OF ALTERNATIVE ADJUSTMENT PROVISION.

       (a) Extended Application of Section 245(i).--
       (1) In general.--Paragraph (1) of section 245(i) of the 
     Immigration and Nationality Act (8 U.S.C. 1255(i)) is 
     amended--
       (A) in subparagraph (A), by striking ``and'' at the end;
       (B) in subparagraph (B)(i), by striking ``January 14, 
     1998'' and inserting ``April 30, 2001'';
       (C) in subparagraph (B), by adding ``and'' at the end; and
       (D) by inserting after subparagraph (B) the following new 
     subparagraph:
       ``(C) who, in the case of a beneficiary of a petition for 
     classification, or an application for labor certification, 
     described in subparagraph (B) that was filed after January 
     14, 1998, is physically present in the United States on the 
     date of the enactment of the LIFE Act Amendments of 2000;''.
       (2) Modification in use of funds.--Paragraph (3)(B) of such 
     section is amended by inserting before the period the 
     following: ``, except that in the case of fees attributable 
     to applications for a beneficiary with respect to whom a 
     petition for classification, or an application for labor 
     certification, described in paragraph (1)(B) was filed after 
     January 14, 1998, one-half of such remaining portion shall be 
     deposited by the Attorney General into the Immigration 
     Examinations Fee Account established under section 286(m)''.
       (b) Conforming Amendments.--
       (1) Subsection (m) of section 245 of the Immigration and 
     Nationality Act, as added by section 1102(c) of the Legal 
     Immigration Family Equity Act, is repealed.
       (2) Section 245 of the Immigration and Nationality Act, as 
     amended by section 1102(d)(2) of the Legal Immigration Family 
     Equity Act, is amended by striking ``or (m)'' each place it 
     appears.

     SEC. 1503. MODIFICATION OF SECTION 1104 ADJUSTMENT 
                   PROVISIONS.

       (a) Inclusion of Additional Class.--Section 1104(b) of the 
     Legal Immigration Family Equity Act is amended--
       (1) in paragraph (1), by striking ``or'' at the end;
       (2) in paragraph (2), by striking the period at the end and 
     inserting ``; or''; and
       (3) by adding at the end the following new paragraph:
       ``(3) Zambrano v. INS, vacated sub nom. Immigration and 
     Naturalization Service v. Zambrano, 509 U.S. 918 (1993).''.
       (b) Conforming Application of Consent Provision.--Section 
     1104(c) of the Legal Immigration Family Equity Act is amended 
     by adding at the end the following new paragraph:
       ``(10) Conforming application of consent provision.--In 
     addition to the waivers provided in subsection (d)(2) of such 
     section 245A of the Immigration and Nationality Act, the 
     Attorney General may grant the alien a waiver of the grounds 
     of inadmissibility under subparagraphs (A) and (C) of section 
     212(a)(9) of such Act (8 U.S.C. 1182(a)(9)). In granting such 
     waivers, the Attorney General shall use standards used in 
     granting consent under subparagraphs (A)(iii) and (C)(ii) of 
     such section.''.
       (c) Inapplicability of Removal Order Reinstatement.--
     Section 1104 of such Act is further amended--
       (1) by redesignating subsection (g) as subsection (h); and
       (2) by inserting after subsection (f) the following new 
     subsection:
       ``(g) Inapplicability of Removal Order Reinstatement.--
     Section 241(a)(5) of the Immigration and Nationality Act 
     shall not apply with respect to an alien who is applying for 
     adjusmtent of status under this section.''.

     SEC. 1504. APPLICATION OF FAMILY UNITY PROVISIONS TO SPOUSES 
                   AND UNMARRIED CHILDREN OF CERTAIN LIFE ACT 
                   BENEFICIARIES.

       (a) Immigration Benefits.--Except as provided in subsection 
     (d), in the case of an eligible spouse or child (as described 
     in subsection (b)), the Attorney General--
       (1) shall not remove the alien on a ground specified in 
     paragraph (1)(A), (1)(B), (1)(C), or (3)(A) of section 237(a) 
     of the Immigration and Nationality Act (8 U.S.C. 1227(a)), 
     other than so much of paragraph (1)(A) of such section as 
     relates to a ground of inadmissibility described in paragraph 
     (2) or (3) of section 212(a) of such Act (8 U.S.C. 
     1182(a)); and
       (2) shall authorize the alien to engage in employment in 
     the United States during the period of time in which 
     protection is provided under paragraph (1) and shall provide 
     the alien with an ``employment authorized'' endorsement or

[[Page H12300]]

     other appropriate document signifying authorization of 
     employment.
       (b) Eligible Spouses and Children.--For purposes of this 
     section, the term ``eligible spouse or child'' means an alien 
     who is the spouse or unmarried child of an alien described in 
     section 1104(b) of the Legal Immigration Family Equity Act if 
     the spouse or child--
       (1) entered the United States before December 1, 1988; and
       (2) resided in the United States on such date.
       (c) Process for Relief for Eligible Spouses and Children 
     Outside the United States.--If an alien has obtained lawful 
     permanent resident status under section 1104 of the Legal 
     Immigration Family Equity Act and the alien has an eligible 
     spouse or child who is no longer physically present in the 
     United States, the Attorney General shall establish a process 
     under which the eligible spouse or child may be paroled into 
     the United States in order to obtain the benefits of 
     subsection (a) unless the Attorney General finds that the 
     spouse or child would be inadmissible or deportable on any 
     ground, other than a ground for which the alien would not be 
     subject to removal under subsection (a)(1). An alien so 
     paroled shall not be treated as paroled into the United 
     States for purposes of section 201(c)(4) of the Immigration 
     and Nationality Act (8 U.S.C. 1151(c)(4)).
       (d) Exception.--An alien is not eligible for the benefits 
     of this section if the Attorney General finds that--
       (1) the alien has been convicted of a felony or three or 
     more misdemeanors in the United States; or
       (2) the alien is described in section 241(b)(3)(B) of the 
     Immigration and Nationality Act (8 U.S.C. 1231(b)(3)(B)).
       (e) Application of Definitions.--Except as otherwise 
     specifically provided in this section, the definitions 
     contained in the Immigration and Nationality Act shall apply 
     in the administration of this section.

     SEC. 1505. MISCELLANEOUS AMENDMENTS TO VARIOUS ADJUSTMENT AND 
                   RELIEF ACTS.

       (a) Nicaraguan Adjustment and Central American Relief 
     Act.--
       (1) In general.--Section 202(a) of the Nicaraguan 
     Adjustment and Central American Relief Act is amended--
       (A) by redesignating paragraph (2) as paragraph (3); and
       (B) by inserting after paragraph (1) the following new 
     paragraph:
       ``(2) Rules in applying certain provisions.--In the case of 
     an alien described in subsection (b) or (d) who is applying 
     for adjustment of status under this section--
       ``(A) the provisions of section 241(a)(5) of the 
     Immigration and Nationality Act shall not apply; and
       ``(B) the Attorney General may grant the alien a waiver of 
     the grounds of inadmissibility under subparagraphs (A) and 
     (C) of section 212(a)(9) of such Act.
     In granting waivers under subparagraph (B), the Attorney 
     General shall use standards used in granting consent under 
     subparagraphs (A)(iii) and (C)(ii) of such section 
     212(a)(9).''.
       (2) Permitting motion to reopen.--Notwithstanding any time 
     and number limitations imposed by law on motions to reopen 
     exclusion, removal, or deportation proceedings (except 
     limitations premised on an alien's conviction of an 
     aggravated felony (as defined by section 101(a) of the 
     Immigration and Nationality Act)), a national of Cuba or 
     Nicaragua who has become eligible for adjustment of status 
     under the Nicaraguan Adjustment and Central American Relief 
     Act as a result of the amendments made by paragraph (1), may 
     file one motion to reopen exclusion, deportation, or removal 
     proceedings to apply for such adjustment under that Act. The 
     scope of any proceeding reopened on this basis shall be 
     limited to a determination of the alien's eligibility for 
     adjustment of status under that Act. All such motions shall 
     be filed within 180 days of the date of the enactment of this 
     Act.
       (b) Haitian Refugee Immigration Fairness Act of 1998.--
       (1) Inapplicability of certain provisions.--Section 902(a) 
     of the Haitian Refugee Immigration Fairness Act of 1998 is 
     amended--
       (A) by redesignating paragraph (2) as paragraph (3); and
       (B) by inserting after paragraph (1) the following new 
     paragraph:
       ``(2) Inapplicability of certain provisions.--In the case 
     of an alien described in subsection (b) or (d) who is 
     applying for adjustment of status under this section--
       ``(A) the provisions of section 241(a)(5) of the 
     Immigration and Nationality Act shall not apply; and
       ``(B) the Attorney General may grant the alien a waiver of 
     the grounds of inadmissibility under subparagraphs (A) and 
     (C) of section 212(a)(9) of such Act.
     In granting waivers under subparagraph (B), the Attorney 
     General shall use standards used in granting consent under 
     subparagraphs (A)(iii) and (C)(ii) of such section 
     212(a)(9).''.
       (2) Permitting motion to reopen.--Notwithstanding any time 
     and number limitations imposed by law on motions to reopen 
     exclusion, removal, or deportation proceedings (except 
     limitations premised on an alien's conviction of an 
     aggravated felony (as defined by section 101(a) of the 
     Immigration and Nationality Act)), a national of Haiti who 
     has become eligible for adjustment of status under the 
     Haitian Refugee Immigration Fairness Act of 1998 as a result 
     of the amendments made by paragraph (1), may file one motion 
     to reopen exclusion, deportation, or removal proceedings to 
     apply for such adjustment under that Act. The scope of any 
     proceeding reopened on this basis shall be limited to a 
     determination of the alien's eligibility for adjustment of 
     status under that Act. All such motions shall be filed within 
     180 days of the date of the enactment of this Act.
       (c) Section 309 of IIRIRA.--Section 309 of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     is amended by adding at the end the following new subsection:
       ``(h) Relief and Motions to Reopen.--
       ``(1) Relief.--An alien described in subsection 
     (c)(5)(C)(i) who is otherwise eligible for--
       ``(A) suspension of deportation pursuant to section 244(a) 
     of the Immigration and Nationality Act, as in effect before 
     the title III-A effective date; or
       ``(B) cancellation of removal, pursuant to section 240A(b) 
     of the Immigration and Nationality Act and subsection (f) of 
     this section;
     shall not be barred from applying for such relief by 
     operation of section 241(a)(5) of the Immigration and 
     National Act, as in effect after the title III-A effective 
     date.
       ``(2) Additional motion to reopen permitted.--
     Notwithstanding any limitation imposed by law on motions to 
     reopen removal or deportation proceedings (except limitations 
     premised on an alien's conviction of an aggravated felony (as 
     defined by section 101(a) of the Immigration and Nationality 
     Act)), any alien who is described in subsection (c)(5)(C)(i) 
     and who has become eligible for cancellation of removal or 
     suspension of deportation as a result of the enactment of 
     paragraph (1) may file one motion to reopen removal or 
     deportation proceedings in order to apply for cancellation of 
     removal or suspension of deportation. The scope of any 
     proceeding reopened on this basis shall be limited to a 
     determination of the alien's eligibility for cancellation of 
     removal or suspension of deportation. The Attorney General 
     shall designate a specific time period in which all such 
     motions to reopen are required to be filed. The period shall 
     begin not later than 60 days after the date of the enactment 
     of this subsection and shall extend for a period not to 
     exceed 240 days.
       ``(3) Construction.--Nothing in this subsection shall 
     preclude an alien from filing a motion to reopen pursuant to 
     section 240(b)(5)(C)(ii) of the Immigration and Nationality 
     Act, or section 242B(c)(3)(B) of such Act (as in effect 
     before the title III-A effective date).''.

     SEC. 1506. EFFECTIVE DATE.

       This title shall take effect as if included in the 
     enactment of the Legal Immigration Family Equity Act.

     TITLE XVI--IMPROVING LITERACY THROUGH FAMILY LITERACY PROJECTS

     SEC. 1601. SHORT TITLE.

       This title may be cited as the ``Literacy Involves Families 
     Together Act''.

     SEC. 1602. AUTHORIZATION OF APPROPRIATIONS.

       Section 1002(b) of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 6302(b)) is amended by striking 
     ``$118,000,000 for fiscal year 1995'' and inserting 
     ``$250,000,000 for fiscal year 2001''.

     SEC. 1603. IMPROVING BASIC PROGRAMS OPERATED BY LOCAL 
                   EDUCATIONAL AGENCIES.

       Section 1111(c) of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 6311(c)) is amended--
       (1) in paragraph (5), by striking ``and'' at the end;
       (2) in paragraph (6), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(7) the State educational agency will encourage local 
     educational agencies and individual schools participating in 
     a program assisted under this part to offer family literacy 
     services (using funds under this part), if the agency or 
     school determines that a substantial number of students 
     served under this part by the agency or school have parents 
     who do not have a high school diploma or its recognized 
     equivalent or who have low levels of literacy.''.

     SEC. 1604. EVEN START FAMILY LITERACY PROGRAMS.

       (a) Part Heading.--The part heading for part B of title I 
     of the Elementary and Secondary Education Act of 1965 (20 
     U.S.C. 6361 et seq.) is amended to read as follows:

  ``PART B--WILLIAM F. GOODLING EVEN START FAMILY LITERACY PROGRAMS''.

       (b) Statement of Purpose.--Section 1201 of the Elementary 
     and Secondary Education Act of 1965 (20 U.S.C. 6361) is 
     amended--
       (1) in paragraph (1), by inserting ``high quality'' after 
     ``build on''; and
       (2) by amending paragraph (2) to read as follows:
       ``(2) promote the academic achievement of children and 
     adults;'';
       (3) by striking the period at the end of paragraph (3) and 
     inserting ``; and''; and
       (4) by adding at the end the following:
       ``(4) use instructional programs based on scientifically 
     based reading research (as defined in section 2252) and the 
     prevention of reading difficulties for children and adults, 
     to the extent such research is available.''.
       (c) Program Authorized.--
       (1) Reservation for migrant programs, outlying areas, and 
     indian tribes.--Section 1202(a) of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6362(a)) is 
     amended--
       (A) in paragraph (1), in the matter preceding subparagraph 
     (A), by inserting ``(or, if such appropriated amount exceeds 
     $200,000,000, 6 percent of such amount)'' after ``1002(b)'';
       (B) in paragraph (2), by striking ``If the amount of funds 
     made available under this subsection exceeds $4,600,000,'' 
     and inserting ``After the date of the enactment of the 
     Literacy Involves Families Together Act,''; and
       (C) by adding at the end the following:
       ``(3) Coordination of programs for american indians.--The 
     Secretary shall ensure that programs under paragraph (1)(C) 
     are coordinated with family literacy programs operated by

[[Page H12301]]

     the Bureau of Indian Affairs in order to avoid duplication 
     and to encourage the dissemination of information on high 
     quality family literacy programs serving American Indians.''.
       (2) Reservation for federal activities.--Section 1202(b) of 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6362(b)) is amended to read as follows:
       ``(b) Reservation for Federal Activities.--
       ``(1) Evaluation, technical assistance, program 
     improvement, and replication activities.--From amounts 
     appropriated under section 1002(b), the Secretary may reserve 
     not more than 3 percent of such amounts for purposes of--
       ``(A) carrying out the evaluation required by section 1209; 
     and
       ``(B) providing, through grants or contracts with eligible 
     organizations, technical assistance, program improvement, and 
     replication activities.
       ``(2) Research.--In the case of fiscal years 2001 through 
     2004, if the amount appropriated under section 1002(b) for 
     any of such years--
       ``(A) is equal to or less than the amounts appropriated for 
     the preceding fiscal year, the Secretary may reserve from 
     such amount only the amount necessary to continue multi-
     year activities carried out pursuant to section 1211(b) 
     that began during or prior to the preceding fiscal year; 
     or
       ``(B) exceeds the amount appropriated for the preceding 
     fiscal year, the Secretary shall reserve from such excess 
     amount $2,000,000 or 50 percent, whichever is less, to carry 
     out section 1211(b).''.
       (d) Reservation for Grants.--Section 1202(c)(1) of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6362(c)(1)) is amended--
       (1) by striking ``From funds reserved under section 
     2260(b)(3), the Secretary shall award grants,'' and inserting 
     ``For any fiscal year for which at least one State applies 
     and submits an application that meets the requirements and 
     goals of this subsection and for which the amount 
     appropriated under section 1002(b) exceeds the amount 
     appropriated under such section for the preceding fiscal 
     year, the Secretary shall reserve, from the amount of such 
     excess remaining after the application of subsection (b)(2), 
     the amount of such remainder or $1,000,000, whichever is 
     less, to award grants,''; and
       (2) by adding at the end ``No State may receive more than 
     one grant under this subsection.''.
       (e) Allocations.--Section 1202(d)(2) of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6362(d)(2)) is 
     amended by striking ``that section'' and inserting ``that 
     part''.
       (f) State Level Activities.--Section 1203(a) of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6363(a)) is amended--
       (1) by striking ``5 percent'' and inserting ``a total of 6 
     percent''; and
       (2) in paragraph (1), by inserting before the semicolon the 
     following: ``, not to exceed half of such total''.
       (g) Subgrants for Local Programs.--Section 1203(b)(2) of 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6363(b)(2)) is amended to read as follows:
       ``(2) Minimum subgrant amounts.--
       ``(A) In general.--Except as provided in subparagraphs (B) 
     and (C), no State shall award a subgrant under paragraph (1) 
     in an amount less than $75,000.
       ``(B) Subgrantees in ninth and succeeding years.--No State 
     shall award a subgrant under paragraph (1) in an amount less 
     than $52,500 to an eligible entity for a fiscal year to carry 
     out an Even Start program that is receiving assistance under 
     this part or its predecessor authority for the ninth (or any 
     subsequent) fiscal year.
       ``(C) Exception for single subgrant.--A State may award one 
     subgrant in each fiscal year of sufficient size, scope, and 
     quality to be effective in an amount less than $75,000 if, 
     after awarding subgrants under paragraph (1) for such fiscal 
     year in accordance with subparagraphs (A) and (B), less than 
     $75,000 is available to the State to award such subgrants.''.
       (h) Uses of Funds.--Section 1204 of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6364) is amended--
       (1) in subsection (a), by striking ``family-centered 
     education programs'' and inserting ``family literacy 
     services''; and
       (2) by adding at the end the following:
       ``(c) Use of Funds for Family Literacy Services.--
       ``(1) In general.--From funds reserved under 1203(a), a 
     State may use a portion of such funds to assist eligible 
     entities receiving a subgrant under section 1203(b) in 
     improving the quality of family literacy services provided 
     under Even Start programs under this part, except that in no 
     case may a State's use of funds for this purpose for a fiscal 
     year result in a decrease from the level of activities and 
     services provided to program participants in the preceding 
     year.
       ``(2) Priority.--In carrying out paragraph (1), a State 
     shall give priority to programs that were of low quality, as 
     evaluated based on the indicators of program quality 
     developed by the State under section 1210.
       ``(3) Technical assistance to help local programs raise 
     additional funds.--In carrying out paragraph (1), a State may 
     use the funds referred to in such paragraph to provide 
     technical assistance to help local programs of demonstrated 
     effectiveness to access and leverage additional funds for the 
     purpose of expanding services and reducing waiting lists, 
     including requesting and applying for non-Federal resources.
       ``(4) Technical assistance and training.--Assistance under 
     paragraph (1) shall be in the form of technical assistance 
     and training, provided by a State through a grant, contract, 
     or cooperative agreement with an entity that has experience 
     in offering high quality training and technical assistance to 
     family literacy providers.''.
       (i) Program Elements.--Section 1205 of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6365) is amended--
       (1) by redesignating paragraphs (9) and (10) as paragraphs 
     (14) and (15), respectively;
       (2) by redesignating paragraphs (5) through (8) as 
     paragraphs (6) through (9), respectively;
       (3) by inserting after paragraph (4) the following:
       ``(5) with respect to the qualifications of staff the cost 
     of whose salaries are paid, in whole or in part, with Federal 
     funds provided under this part, ensure that--
       ``(A) not later than 4 years after the date of the 
     enactment of the Literacy Involves Families Together Act--
       ``(i) a majority of the individuals providing academic 
     instruction--

       ``(I) shall have obtained an associate's, bachelor's, or 
     graduate degree in a field related to early childhood 
     education, elementary or secondary school education, or adult 
     education; and
       ``(II) if applicable, shall meet qualifications established 
     by the State for early childhood education, elementary or 
     secondary school education, or adult education provided as 
     part of an Even Start program or another family literacy 
     program;

       ``(ii) the individual responsible for administration of 
     family literacy services under this part has received 
     training in the operation of a family literacy program; and
       ``(iii) paraprofessionals who provide support for academic 
     instruction have a high school diploma or its recognized 
     equivalent; and
       ``(B) beginning on the date of the enactment of the 
     Literacy Involves Families Together Act, all new personnel 
     hired to provide academic instruction--
       ``(i) have obtained an associate's, bachelor's, or graduate 
     degree in a field related to early childhood education, 
     elementary or secondary school education, or adult education; 
     and
       ``(ii) if applicable, meet qualifications established by 
     the State for early childhood education, elementary or 
     secondary school education, or adult education provided as 
     part of an Even Start program or another family literacy 
     program;'';
       (4) in paragraph (8) (as so redesignated by paragraph (2), 
     by striking ``or enrichment'' and inserting ``and 
     enrichment''.
       (5) by inserting after paragraph (9) (as so redesignated by 
     paragraph (2)) the following:
       ``(10) use instructional programs based on scientifically 
     based reading research (as defined in section 2252) for 
     children and adults, to the extent such research is 
     available;
       ``(11) encourage participating families to attend regularly 
     and to remain in the program a sufficient time to meet their 
     program goals;
       ``(12) include reading readiness activities for preschool 
     children based on scientifically based reading research (as 
     defined in section 2252), to the extent available, to ensure 
     children enter school ready to learn to read;
       ``(13) if applicable, promote the continuity of family 
     literacy to ensure that individuals retain and improve their 
     educational outcomes''; and
       (5) in paragraph (14) (as so redesignated), by striking 
     ``program.'' and inserting ``program to be used for program 
     improvement.''.
       (j) Eligible Participants.--Section 1206 of the Elementary 
     and Secondary Education Act of 1965 (20 U.S.C. 6366) is 
     amended--
       (1) in subsection (a)(1)(B) by striking ``part;'' and 
     inserting ``part, or who are attending secondary school;''; 
     and
       (2) in subsection (b), by adding at the end the following:
       ``(3) Children 8 years of age or older.--If an Even Start 
     program assisted under this part collaborates with a program 
     under part A, and funds received under such part A program 
     contribute to paying the cost of providing programs under 
     this part to children 8 years of age or older, the Even Start 
     program, notwithstanding subsection (a)(2), may permit the 
     participation of children 8 years of age or older if the 
     focus of the program continues to remain on families with 
     young children.''.
       (k) Plan.--Section 1207(c) of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6367(c)) is amended--
       (1) in paragraph (1)--
       (A) in the matter preceding subparagraph (A), by inserting 
     ``and continuous improvement'' after ``plan of operation'';
       (B) in subparagraph (A), by striking ``goals;'' and 
     inserting ``objectives, strategies to meet such objectives, 
     and how they are consistent with the program indicators 
     established by the State;'';
       (C) in subparagraph (E), by striking ``and'' at the end;
       (D) in subparagraph (F)--
       (i) by striking ``Act, the Goals 2000: Educate America 
     Act,'' and inserting ``Act''; and
       (ii) by striking the period at the end and inserting ``; 
     and''; and
       (E) by adding at the end the following:
       ``(G) a description of how the plan provides for rigorous 
     and objective evaluation of progress toward the program 
     objectives described in subparagraph (A) and for continuing 
     use of evaluation data for program improvement.''; and
       (2) in paragraph (2), in the matter preceding subparagraph 
     (A), by striking ``(1)(A)'' and inserting ``(1)''.
       (l) Award of Subgrants.--Section 1208 of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6368) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1)(B)--
       (i) by striking ``including a high'' and inserting ``such 
     as a high''; and
       (ii) by striking ``part A;'' and inserting ``part A, a high 
     number or percentage of parents who have been victims of 
     domestic violence, or a high

[[Page H12302]]

     number or percentage of parents who are receiving assistance 
     under a State program funded under part A of title IV of the 
     Social Security Act (42 U.S.C. 601 et seq.);'';
       (B) in paragraph (1)(F), by striking ``Federal'' and 
     inserting ``non-Federal'';
       (C) in paragraph (1)(H), by inserting ``family literacy 
     projects and other'' before ``local educational agencies''; 
     and
       (D) in paragraph (3), in the matter preceding subparagraph 
     (A), by striking ``one or more of the following 
     individuals:'' and inserting ``one individual with expertise 
     in family literacy programs, and may include other 
     individuals, such as one or more of the following:''; and
       (2) in subsection (b)--
       (A) by striking paragraph (3) and inserting the following:
       ``(3) Continuing eligibility.--In awarding subgrant funds 
     to continue a program under this part after the first year, 
     the State educational agency shall review the progress of 
     each eligible entity in meeting the objectives of the program 
     referred to in section 1207(c)(1)(A) and shall evaluate the 
     program based on the indicators of program quality developed 
     by the State under section 1210.''; and
       (B) by amending paragraph (5)(B) to read as follows:
       ``(B) The Federal share of any subgrant renewed under 
     subparagraph (A) shall be limited in accordance with section 
     1204(b).''.
       (m) Research.--Section 1211 of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6369b) is amended--
       (1) in subsection (b), by striking ``subsection (a)'' and 
     inserting ``subsections (a) and (b)'';
       (2) by redesignating subsection (b) as subsection (c); and
       (3) by inserting after subsection (a) the following:
       ``(b) Scientifically Based Research on Family Literacy.--
       ``(1) In general.--From amounts reserved under section 
     1202(b)(2), the National Institute for Literacy, in 
     consultation with the Secretary, shall carry out research 
     that--
       ``(A) is scientifically based reading research (as defined 
     in section 2252); and
       ``(B) determines--
       ``(i) the most effective ways of improving the literacy 
     skills of adults with reading difficulties; and
       ``(ii) how family literacy services can best provide 
     parents with the knowledge and skills they need to support 
     their children's literacy development.
       ``(2) Use of expert entity.--The National Institute for 
     Literacy, in consultation with the Secretary, shall carry out 
     the research under paragraph (1) through an entity, including 
     a Federal agency, that has expertise in carrying out 
     longitudinal studies of the development of literacy skills in 
     children and has developed effective interventions to help 
     children with reading difficulties.''.
       (n) Indicators of Program Quality.--Not later than 30 days 
     after the date of the enactment of this Act, the Secretary 
     shall notify each State that receives funds under part B of 
     title I of the Elementary and Secondary Education Act of 1965 
     that to be eligible to receive fiscal year 2001 funds under 
     part B, such State shall submit to the Secretary, not later 
     than June 30, 2001, its indicators of program quality as 
     described in section 1210 of the Elementary and Secondary 
     Education Act of 1965. A State that fails to comply with this 
     subsection shall be ineligible to receive funds under such 
     part in subsequent years unless such State submits to the 
     Secretary, not later than June 30 of the year in which funds 
     are requested, its indicators of program quality as described 
     in section 1210 of the Elementary and Secondary Education Act 
     of 1965.

     SEC. 1605. EDUCATION OF MIGRATORY CHILDREN.

       Section 1304(b) of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 6394(b)) is amended--
       (1) in paragraph (5), by striking ``and'' at the end;
       (2) in paragraph (6), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(7) a description of how the State will encourage 
     programs and projects assisted under this part to offer 
     family literacy services if the program or project serves a 
     substantial number of migratory children who have parents who 
     do not have a high school diploma or its recognized 
     equivalent or who have low levels of literacy.''.

     SEC. 1606. DEFINITIONS.

       (a) In General.--Section 14101 of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 8801) is amended--
       (1) by redesignating paragraphs (15) through (29) as 
     paragraphs (16) through (30), respectively; and
       (2) by inserting after paragraph (14) the following:
       ``(15) Family literacy services.--The term `family literacy 
     services' means services provided to participants on a 
     voluntary basis that are of sufficient intensity in terms of 
     hours, and of sufficient duration, to make sustainable 
     changes in a family, and that integrate all of the following 
     activities:
       ``(A) Interactive literacy activities between parents and 
     their children.
       ``(B) Training for parents regarding how to be the primary 
     teacher for their children and full partners in the education 
     of their children.
       ``(C) Parent literacy training that leads to economic self-
     sufficiency.
       ``(D) An age-appropriate education to prepare children for 
     success in school and life experiences.''.
       (b) Conforming Amendments.--
       (1) Even start family literacy programs.--Section 1202(e) 
     of the Elementary and Secondary Education Act of 1965 (20 
     U.S.C. 6362(e)) is amended--
       (A) by striking paragraph (3); and
       (B) by redesignating paragraphs (4) and (5) as paragraphs 
     (3) and (4), respectively.
       (2) Reading and literacy grants.--(A) Section 2252 of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6661a) is amended--
       (i) by striking paragraph (2); and
       (ii) by redesignating paragraphs (3) through (5) as 
     paragraphs (2) through (4), respectively.
       (B) Section 2260 of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 6661i) is amendmed--
       (i) in subsection (a), by striking ``and section 1202(c)'' 
     each place it appears, and
     (ii) in subsection (b)--
       (I) in paragraph (1), by inserting ``and'' after the 
     semicolon;
       (II) in paragraph (2), by striking ``; and '' and inserting 
     a period; and
       (III) by striking paragraph (3).

     SEC. 1607. INDIAN EDUCATION.

       (a) Early Childhood Development Program.--Section 1143 of 
     the Education Amendments of 1978 (25 U.S.C. 2023) is 
     amended--
       (1) in subsection (b)(1), in the matter preceding 
     subparagraph (A)--
       (A) by striking ``(f)'' and inserting ``(g)''; and
       (B) by striking ``(e))'' and inserting ``(f))'';
       (2) in subsection (d)(1)--
       (A) by redesignating subparagraphs (D) and (E) as 
     subparagraphs (E) and (F), respectively; and
       (B) by inserting after subparagraph (C) the following:
       ``(D) family literacy services,'';
       (3) in subsection (e), by striking ``(f),'' and inserting 
     ``(g),'';
       (4) by redesignating subsections (e) and (f) as subsections 
     (f) and (g), respectively; and
       (5) by inserting after subsection (d) the following:
       ``(e) Family literacy programs operated under this section, 
     and other family literacy programs operated by the Bureau of 
     Indian Affairs, shall be coordinated with family literacy 
     programs for American Indian children under part B of title I 
     of the Elementary and Secondary Education Act of 1965 in 
     order to avoid duplication and to encourage the dissemination 
     of information on quality family literacy programs serving 
     American Indians.''.
       (b) Definitions.--Section 1146 of the Education Amendments 
     of 1978 (25 U.S.C. 2026) is amended--
       (1) by redesignating paragraphs (7) through (14) as 
     paragraphs (8) through (15), respectively; and
       (2) by inserting after paragraph (6) the following:
       ``(7) the term `family literacy services' has the meaning 
     given such term in section 14101 of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 8801);''.

               TITLE XVII--CHILDREN'S INTERNET PROTECTION

     SEC. 1701. SHORT TITLE.

       This title may be cited as the ``Children's Internet 
     Protection Act''.

     SEC. 1702. DISCLAIMERS.

       (a) Disclaimer Regarding Content.--Nothing in this title or 
     the amendments made by this title shall be construed to 
     prohibit a local educational agency, elementary or secondary 
     school, or library from blocking access on the Internet on 
     computers owned or operated by that agency, school, or 
     library to any content other than content covered by this 
     title or the amendments made by this title.
       (b) Disclaimer Regarding Privacy.--Nothing in this title or 
     the amendments made by this title shall be construed to 
     require the tracking of Internet use by any identifiable 
     minor or adult user.

     SEC. 1703. STUDY OF TECHNOLOGY PROTECTION MEASURES.

       (a) In General.--Not later than 18 months after the date of 
     the enactment of this Act, the National Telecommunications 
     and Information Administration shall initiate a notice and 
     comment proceeding for purposes of--
       (1) evaluating whether or not currently available 
     technology protection measures, including commercial Internet 
     blocking and filtering software, adequately addresses the 
     needs of educational institutions;
       (2) making recommendations on how to foster the development 
     of measures that meet such needs; and
       (3) evaluating the development and effectiveness of local 
     Internet safety policies that are currently in operation 
     after community input.
       (b) Definitions.--In this section:
       (1) Technology protection measure.--The term ``technology 
     protection measure'' means a specific technology that blocks 
     or filters Internet access to visual depictions that are--
       (A) obscene, as that term is defined in section 1460 of 
     title 18, United States Code;
       (B) child pornography, as that term is defined in section 
     2256 of title 18, United States Code; or
       (C) harmful to minors.
       (2) Harmful to minors.--The term ``harmful to minors'' 
     means any picture, image, graphic image file, or other visual 
     depiction that--
       (A) taken as a whole and with respect to minors, appeals to 
     a prurient interest in nudity, sex, or excretion;
       (B) depicts, describes, or represents, in a patently 
     offensive way with respect to what is suitable for minors, an 
     actual or simulated sexual act or sexual contact, actual or 
     simulated normal or perverted sexual acts, or a lewd 
     exhibition of the genitals; and
       (C) taken as a whole, lacks serious literary, artistic, 
     political, or scientific value as to minors.
       (3) Sexual act; sexual contact.--The terms ``sexual act'' 
     and ``sexual contact'' have the meanings given such terms in 
     section 2246 of title 18, United States Code.

[[Page H12303]]

   Subtitle A--Federal Funding for Educational Institution Computers

     SEC. 1711. LIMITATION ON AVAILABILITY OF CERTAIN FUNDS FOR 
                   SCHOOLS.

       Title III of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 6801 et seq.) is amended by adding at the end 
     the following:

   ``PART F--LIMITATION ON AVAILABILITY OF CERTAIN FUNDS FOR SCHOOLS

     ``SEC. 3601. LIMITATION ON AVAILABILITY OF CERTAIN FUNDS FOR 
                   SCHOOLS.

       ``(a) Internet Safety.--
       ``(1) In general.--No funds made available under this title 
     to a local educational agency for an elementary or secondary 
     school that does not receive services at discount rates under 
     section 254(h)(5) of the Communications Act of 1934, as added 
     by section 1721 of Children's Internet Protection Act, may be 
     used to purchase computers used to access the Internet, or to 
     pay for direct costs associated with accessing the Internet, 
     for such school unless the school, school board, local 
     educational agency, or other authority with responsibility 
     for administration of such school both--
       ``(A)(i) has in place a policy of Internet safety for 
     minors that includes the operation of a technology protection 
     measure with respect to any of its computers with Internet 
     access that protects against access through such computers to 
     visual depictions that are--
       ``(I) obscene;
       ``(II) child pornography; or
       ``(III) harmful to minors; and
       ``(ii) is enforcing the operation of such technology 
     protection measure during any use of such computers by 
     minors; and
       ``(B)(i) has in place a policy of Internet safety that 
     includes the operation of a technology protection measure 
     with respect to any of its computers with Internet access 
     that protects against access through such computers to visual 
     depictions that are--
       ``(I) obscene; or
       ``(II) child pornography; and
       ``(ii) is enforcing the operation of such technology 
     protection measure during any use of such computers.
       ``(2) Timing and applicability of implementation.--
       ``(A) In general.--The local educational agency with 
     responsibility for a school covered by paragraph (1) shall 
     certify the compliance of such school with the requirements 
     of paragraph (1) as part of the application process for the 
     next program funding year under this Act following the 
     effective date of this section, and for each subsequent 
     program funding year thereafter.
       ``(B) Process.--
       ``(i) Schools with internet safety policies and technology 
     protection measures in place.--A local educational agency 
     with responsibility for a school covered by paragraph (1) 
     that has in place an Internet safety policy meeting the 
     requirements of paragraph (1) shall certify its compliance 
     with paragraph (1) during each annual program application 
     cycle under this Act.
       ``(ii) Schools without internet safety policies and 
     technology protection measures in place.--A local educational 
     agency with responsibility for a school covered by paragraph 
     (1) that does not have in place an Internet safety policy 
     meeting the requirements of paragraph (1)--

       ``(I) for the first program year after the effective date 
     of this section in which the local educational agency is 
     applying for funds for such school under this Act, shall 
     certify that it is undertaking such actions, including any 
     necessary procurement procedures, to put in place an Internet 
     safety policy that meets such requirements; and
       ``(II) for the second program year after the effective date 
     of this section in which the local educational agency is 
     applying for funds for such school under this Act, shall 
     certify that such school is in compliance with such 
     requirements.

     Any school covered by paragraph (1) for which the local 
     educational agency concerned is unable to certify compliance 
     with such requirements in such second program year shall be 
     ineligible for all funding under this title for such second 
     program year and all subsequent program years until such time 
     as such school comes into compliance with such requirements.
       ``(iii) Waivers.--Any school subject to a certification 
     under clause (ii)(II) for which the local educational agency 
     concerned cannot make the certification otherwise required by 
     that clause may seek a waiver of that clause if State or 
     local procurement rules or regulations or competitive 
     bidding requirements prevent the making of the 
     certification otherwise required by that clause. The local 
     educational agency concerned shall notify the Secretary of 
     the applicability of that clause to the school. Such 
     notice shall certify that the school will be brought into 
     compliance with the requirements in paragraph (1) before 
     the start of the third program year after the effective 
     date of this section in which the school is applying for 
     funds under this title.
       ``(3) Disabling during certain use.--An administrator, 
     supervisor, or person authorized by the responsible authority 
     under paragraph (1) may disable the technology protection 
     measure concerned to enable access for bona fide research or 
     other lawful purposes.
       ``(4) Noncompliance.--
       ``(A) Use of general education provisions act remedies.--
     Whenever the Secretary has reason to believe that any 
     recipient of funds under this title is failing to comply 
     substantially with the requirements of this subsection, the 
     Secretary may--
       ``(i) withhold further payments to the recipient under this 
     title,
       ``(ii) issue a complaint to compel compliance of the 
     recipient through a cease and desist order, or
       ``(iii) enter into a compliance agreement with a recipient 
     to bring it into compliance with such requirements,
     in same manner as the Secretary is authorized to take such 
     actions under sections 455, 456, and 457, respectively, of 
     the General Education Provisions Act (20 U.S.C. 1234d).
       ``(B) Recovery of funds prohibited.--The actions authorized 
     by subparagraph (A) are the exclusive remedies available with 
     respect to the failure of a school to comply substantially 
     with a provision of this subsection, and the Secretary shall 
     not seek a recovery of funds from the recipient for such 
     failure.
       ``(C) Recommencement of payments.--Whenever the Secretary 
     determines (whether by certification or other appropriate 
     evidence) that a recipient of funds who is subject to the 
     withholding of payments under subparagraph (A)(i) has cured 
     the failure providing the basis for the withholding of 
     payments, the Secretary shall cease the withholding of 
     payments to the recipient under that subparagraph.
       ``(5) Definitions.--In this section:
       ``(A) Computer.--The term `computer' includes any hardware, 
     software, or other technology attached or connected to, 
     installed in, or otherwise used in connection with a 
     computer.
       ``(B) Access to internet.--A computer shall be considered 
     to have access to the Internet if such computer is equipped 
     with a modem or is connected to a computer network which has 
     access to the Internet.
       ``(C) Acquisition or operation.--A elementary or secondary 
     school shall be considered to have received funds under this 
     title for the acquisition or operation of any computer if 
     such funds are used in any manner, directly or indirectly--
       ``(i) to purchase, lease, or otherwise acquire or obtain 
     the use of such computer; or
       ``(ii) to obtain services, supplies, software, or other 
     actions or materials to support, or in connection with, the 
     operation of such computer.
       ``(D) Minor.--The term `minor' means an individual who has 
     not attained the age of 17.
       ``(E) Child pornography.--The term `child pornography' has 
     the meaning given such term in section 2256 of title 18, 
     United States Code.
       ``(F) Harmful to minors.--The term `harmful to minors' 
     means any picture, image, graphic image file, or other visual 
     depiction that--
       ``(i) taken as a whole and with respect to minors, appeals 
     to a prurient interest in nudity, sex, or excretion;
       ``(ii) depicts, describes, or represents, in a patently 
     offensive way with respect to what is suitable for minors, an 
     actual or simulated sexual act or sexual contact, actual or 
     simulated normal or perverted sexual acts, or a lewd 
     exhibition of the genitals; and
       ``(iii) taken as a whole, lacks serious literary, artistic, 
     political, or scientific value as to minors.
       ``(G) Obscene.--The term `obscene' has the meaning given 
     such term in section 1460 of title 18, United States Code.
       ``(H) Sexual act; sexual contact.--The terms `sexual act' 
     and `sexual contact' have the meanings given such terms in 
     section 2246 of title 18, United States Code.
       ``(b) Effective Date.--This section shall take effect 120 
     days after the date of the enactment of the Children's 
     Internet Protection Act.
       ``(c) Separability.--If any provision of this section is 
     held invalid, the remainder of this section shall not be 
     affected thereby.''.

     SEC. 1712. LIMITATION ON AVAILABILITY OF CERTAIN FUNDS FOR 
                   LIBRARIES.

       (a) Amendment.--Section 224 of the Museum and Library 
     Services Act (20 U.S.C. 9134(b)) is amended--
       (1) in subsection (b)--
       (A) by redesignating paragraph (6) as paragraph (7); and
       (B) by inserting after paragraph (5) the following new 
     paragraph:
       ``(6) provide assurances that the State will comply with 
     subsection (f); and''; and
       (2) by adding at the end the following new subsection:
       ``(f) Internet Safety.--
       ``(1) In general.--No funds made available under this Act 
     for a library described in section 213(2)(A) or (B) that does 
     not receive services at discount rates under section 
     254(h)(6) of the Communications Act of 1934, as added by 
     section 1721 of this Children's Internet Protection Act, may 
     be used to purchase computers used to access the Internet, or 
     to pay for direct costs associated with accessing the 
     Internet, for such library unless--
       ``(A) such library--
       ``(i) has in place a policy of Internet safety for minors 
     that includes the operation of a technology protection 
     measure with respect to any of its computers with Internet 
     access that protects against access through such computers to 
     visual depictions that are--

       ``(I) obscene;
       ``(II) child pornography; or
       ``(III) harmful to minors; and

       ``(ii) is enforcing the operation of such technology 
     protection measure during any use of such computers by 
     minors; and
       ``(B) such library--
       ``(i) has in place a policy of Internet safety that 
     includes the operation of a technology protection measure 
     with respect to any of its computers with Internet access 
     that protects against access through such computers to visual 
     depictions that are--

       ``(I) obscene; or
       ``(II) child pornography; and

       ``(ii) is enforcing the operation of such technology 
     protection measure during any use of such computers.
       ``(2) Access to other materials.--Nothing in this 
     subsection shall be construed to prohibit


[[Continued on page H12304]]




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