“TEXT OF AMENDMENTS” published by Congressional Record on Oct. 10, 2004

Volume 150, No. 129 covering the 2nd Session of the 108th Congress (2003 - 2004) was published by the Congressional Record.

The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.

“TEXT OF AMENDMENTS” mentioning the Department of Interior was published in the Senate section on pages S11110-S11122 on Oct. 10, 2004.

The publication is reproduced in full below:

TEXT OF AMENDMENTS

SA 4050. Mr. FRIST (for Ms. Collins (for herself and Mr. Feingold)) proposed an amendment to the concurrent resolution S. Con. Res. 8, expressing the sense of Congress that there should be established a National Visiting Nurse Association Week; as follows:

Strike all after the resolving clause and insert the following:

That it is the sense of Congress that there should be established a National Visiting Nurse Association Week.

______

SA 4051. Mr. FRIST (for Ms. Collins (for herself and Mr. Feingold)) submitted an amendment intended to be proposed by Mr. Frist to the concurrent resolution S. Con. Res. 8, expressing the sense of Congress that there should be established a National Visiting Nurse Association Week; as follows:

Strike the preamble and insert the following:

Whereas visiting nurse associations (``VNAs'') are nonprofit home health agencies that, for more than 120 years, have been united in their mission to provide cost-effective and compassionate home and community-based health care to individuals, regardless of the individuals' condition or ability to pay for services;

Whereas there are approximately 500 visiting nurse associations, which employ more than 90,000 clinicians, provide health care to more than 4,000,000 people each year, and provide a critical safety net in communities by developing a network of community support services that enable individuals to live independently at home;

Whereas visiting nurse associations have historically served as primary public health care providers in their communities, and are today one of the largest providers of mass immunizations in the medicare program (delivering more than 2,500,000 influenza immunizations annually);

Whereas visiting nurse associations are often the home health providers of last resort, serving the most chronic of conditions (such as congestive heart failure, chronic obstructive pulmonary disease, AIDS, and quadriplegia) and individuals with the least ability to pay for services (more than 50 percent of all medicaid home health admissions are by visiting nurse associations);

Whereas any visiting nurse association budget surplus is reinvested in supporting the association's mission through services, including charity care, adult day care centers, wellness clinics, Meals-on-Wheels, and immunization programs;

Whereas visiting nurse associations and other nonprofit home health agencies care for the highest percentage of terminally ill and bedridden patients;

Whereas thousands of visiting nurse association volunteers across the Nation devote time serving as individual agency board members, raising funds, visiting patients in their homes, assisting in wellness clinics, and delivering meals to patients;

Whereas the establishment of a National Visiting Nurse Association Week would increase public awareness of the charity-based missions of visiting nurse associations and of their ability to meet the needs of chronically ill and disabled individuals who prefer to live at home rather than in a nursing home, and would spotlight preventive health clinics, adult day care programs, and other customized wellness programs that meet local community needs; and

Whereas the second week of May 2005 is an appropriate week to establish as National Visiting Nurse Association Week: Now, therefore, be it

______

SA 4052. Mr. FRIST (for Ms. Collins (for herself and Mr. Feingold)) proposed an amendment to the concurrent resolution S. Con. Res. 8, expressing the sense of Congress that there should be established a National Visiting Nurse Association Week''; as follows:

Amend the title so as to read: ``Expressing the sense of Congress that there should be established a National Visiting Nurse Association Week.''

______

SA 4053. Mr. FRIST (for Mr. Alexander (for himself, Mr. Bingaman, and Mr. Domenici)) proposed an amendment to the bill H.R. 4516, to require the Secretary of Energy to carry out a program of research and development to advance high-end computing; as follows:

Strike all after the enacting clause and insert the following:

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Department of Energy High-End Computing Revitalization Act of 2004''.

SEC. 2. DEFINITIONS.

In this Act:

(1) Center.--The term ``Center'' means a High-End Software Development Center established under section 3(d).

(2) High-end computing system.--The term ``high-end computing system'' means a computing system with performance that substantially exceeds that of systems that are commonly available for advanced scientific and engineering applications.

(3) Leadership system.--The term ``Leadership System'' means a high-end computing system that is among the most advanced in the world in terms of performance in solving scientific and engineering problems.

(4) 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)).

(5) Secretary.--The term ``Secretary'' means the Secretary of Energy, acting through the Director of the Office of Science of the Department of Energy.

SEC. 3. DEPARTMENT OF ENERGY HIGH-END COMPUTING RESEARCH AND

DEVELOPMENT PROGRAM.

(a) In General.--The Secretary shall--

(1) carry out a program of research and development

(including development of software and hardware) to advance high-end computing systems; and

(2) develop and deploy high-end computing systems for advanced scientific and engineering applications.

(b) Program.--The program shall--

(1) support both individual investigators and multidisciplinary teams of investigators;

(2) conduct research in multiple architectures, which may include vector, reconfigurable logic, streaming, processor-in-memory, and multithreading architectures;

(3) conduct research on software for high-end computing systems, including research on algorithms, programming environments, tools, languages, and operating systems for high-end computing systems, in collaboration with architecture development efforts;

(4) provide for sustained access by the research community in the United States to high-end computing systems and to Leadership Systems, including provision of technical support for users of such systems;

(5) support technology transfer to the private sector and others in accordance with applicable law; and

(6) ensure that the high-end computing activities of the Department of Energy are coordinated with relevant activities in industry and with other Federal agencies, including the National Science Foundation, the Defense Advanced Research Projects Agency, the National Nuclear Security Administration, the National Security Agency, the National Institutes of Health, the National Aeronautics and Space Administration, the National Oceanic and Atmospheric Administration, the National Institutes of Standards and Technology, and the Environmental Protection Agency.

(1) In general.--As part of the program carried out under this Act, the Secretary shall establish and operate 1 or more Leadership Systems facilities to--

(A) conduct advanced scientific and engineering research and development using Leadership Systems; and

(B) develop potential advancements in high-end computing system hardware and software.

(2) Administration.--In carrying out this subsection, the Secretary shall provide to Leadership Systems, on a competitive, merit-reviewed basis, access to researchers in United States industry, institutions of higher education, national laboratories, and other Federal agencies.

(d) High-End Software Development Center.--

(1) In general.--As part of the program carried out under this Act, the Secretary shall establish at least 1 High-End Software Development Center.

(2) Duties.--A Center shall concentrate efforts to develop, test, maintain, and support optimal algorithms, programming environments, tools, languages, and operating systems for high-end computing systems.

(3) Proposals.--In soliciting proposals for the Center, the Secretary shall encourage staffing arrangements that include both permanent staff and a rotating staff of researchers from other institutions and industry to assist in coordination of research efforts and promote technology transfer to the private sector.

(4) Use of expertise.--The Secretary shall use the expertise of a Center to assess research and development in high-end computing system architecture.

(5) Selection.--The selection of a Center shall be determined by a competitive proposal process administered by the Secretary.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

In addition to amounts otherwise made available for high-end computing, there are authorized to be appropriated to the Secretary to carry out this Act--

(1) $50,000,000 for fiscal year 2005;

(2) $55,000,000 for fiscal year 2006; and

(3) $60,000,000 for fiscal year 2007.

SEC. 5. ASTRONOMY AND ASTROPHYSICS ADVISORY COMMITTEE.

(a) Amendments.--Section 23 of the National Science Foundation Authorization Act of 2002 (42 U.S.C. 1862n-9) is amended--

(1) in subsection (a) and paragraphs (1) and (2) of subsection (b), by striking ``and the National Aeronautics and Space Administration'' and inserting ``, the National Aeronautics and Space Administration, and the Department of Energy'';

(2) in subsection (b)(3), by striking ``Administration, and'' and inserting ``Administration, the Secretary of Energy, '';

(3) in subsection (c)--

(A) in paragraphs (1) and (2), by striking ``5'' and inserting ``4'';

(B) in paragraph (2), by striking ``and'' at the end;

(D) by inserting after paragraph (2) the following:

``(3) 3 members selected by the Secretary of Energy;'' and

(4) in subsection (f), by striking ``the advisory bodies of other Federal agencies, such as the Department of Energy, which may engage in related research activities'' and inserting ``other Federal advisory committees that advise Federal agencies that engage in related research activities''.

(b) Effective Date.--The amendments made by subsection (a) take effect on March 15, 2005.

SEC. 6. REMOVAL OF SUNSET PROVISION FROM SAVINGS IN

CONSTRUCTION ACT OF 1996.

Section 14 of the Metric Conversion Act of 1975 (15 U.S.C. 205l) is amended by striking subsection (e).

______

SA 4054. Mr. FRIST (for Mr. Ensign (for himself and Mr. Reid)) proposed an amendment to the bill H.R. 4593, to establish wilderness areas, promote conservation, improve public land, and provide for the high quality development in Lincoln County, Nevada, and for other purposes; as follows:

Strike all after the enacting clause and insert the following:

SECTION 1. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as are necessary to carry out this Act.

SEC. 2. SHORT TITLE.

This Act may be cited as the ``Lincoln County Conservation, Recreation, and Development Act of 2004''.

TITLE I--LAND DISPOSAL

SEC. 101. DEFINITIONS.

In this title:

(1) County.--The term ``County'' means Lincoln County, Nevada.

(2) Map.--The term ``map'' means the map entitled ``Lincoln County Conservation, Recreation, and Development Act Map'' and dated October 1, 2004.

(3) Secretary.--The term ``Secretary'' means the Secretary of the Interior.

(4) Special account.--The term ``special account'' means the special account established under section 103(b)(3).

SEC. 102. CONVEYANCE OF LINCOLN COUNTY LAND.

(a) In General.--Notwithstanding sections 202 and 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1711, 1712), the Secretary, in cooperation with the County, in accordance with that Act, this title, and other applicable law and subject to valid existing rights, shall conduct sales of--

(1) the land described in subsection (b)(1) to qualified bidders not later than 75 days after the date of the enactment of this Act; and

(2) the land described in subsection (b)(2) to qualified bidders as such land becomes available for disposal.

(b) Description of Land.--The land referred to in subsection (a) consists of--

(1) the land identified on the map as Tract A and Tract B totaling approximately 13,328 acres; and

(2) not more than 90,000 acres of Bureau of Land Management managed public land in Lincoln County that is not segregated or withdrawn on the date of enactment of this Act or thereafter, and that is identified for disposal by the BLM either through--

(A) the Ely Resource Management Plan (intended to be finalized in 2005); or

(B) a subsequent amendment to that land use plan undertaken with full public involvement.

(c) Availability.--Each map and legal description shall be on file and available for public inspection in (as appropriate)--

(1) the Office of the Director of the Bureau of Land Management;

(2) the Office of the Nevada State Director of the Bureau of Land Management;

(3) the Ely Field Office of the Bureau of Land Management; and

(4) the Caliente Field Station of the Bureau of Land Management.

(d) Joint Selection Required.--The Secretary and the County shall jointly select which parcels of land described in subsection (b)(2) to offer for sale under subsection (a).

(e) Compliance With Local Planning and Zoning Laws.--Before a sale of land under subsection (a), the County shall submit to the Secretary a certification that qualified bidders have agreed to comply with--

(1) County and city zoning ordinances; and

(2) any master plan for the area approved by the County.

(f) Method of Sale; Consideration.--The sale of land under subsection (a) shall be--

(1) consistent with section 203(d) and 203(f) of the Federal Land Management Policy Act of 1976 (43 U.S.C. 1713(d) and (f));

(2) through a competitive bidding process unless otherwise determined by the Secretary; and

(3) for not less than fair market value.

(g) Withdrawal.--

(1) In general.--Subject to valid existing rights and except as provided in paragraph (2), the land described in subsection (b) is withdrawn from--

(A) all forms of entry and appropriation under the public land laws, including the mining laws;

(B) location, entry, and patent under the mining laws; and

(2) Exception.--Paragraph (1)(A) shall not apply to a competitive sale or an election by the County to obtain the land described in subsection (b) for public purposes under the Act of June 14, 1926 (43 U.S.C. 869 et seq; commonly known as the ``Recreation and Public Purposes Act'').

(h) Deadline for Sale.--

(1) In general.--Except as provided in paragraph (2), the Secretary shall--

(A) notwithstanding the Lincoln County Land Act of 2000

(114 Stat. 1046), not later than 75 days after the date of the enactment of this Act, offer by sale the land described in subsection (b)(1) if there is a qualified bidder for such land; and

(B) offer for sale annually lands identified for sale in subsection (b)(2) until such lands are disposed of or unless the county requests a postponement under paragraph (2).

(2) Postponement; exclusion from sale.--

(A) Request by county for postponement or exclusion.--At the request of the County, the Secretary shall postpone or exclude from the sale all or a portion of the land described in subsection (b)(2).

(B) Indefinite postponement.--Unless specifically requested by the County, a postponement under subparagraph (A) shall not be indefinite.

SEC. 103. DISPOSITION OF PROCEEDS.

(a) Initial Land Sale.--Section 5 of the Lincoln County Land Act of 2000 (114 Stat. 1047) shall apply to the disposition of the gross proceeds from the sale of land described in section 102(b)(1).

(b) Disposition of Proceeds.--Proceeds from sales of lands described in section 102(b)(2) shall be disbursed as follows--

(1) 5 percent shall be paid directly to the state for use in the general education program of the State;

(2) 10 percent shall be paid to the County for use for fire protection, law enforcement, public safety, housing, social services, and transportation; and

(3) the remainder shall be deposited in a special account in the Treasury of the United States and shall be available without further appropriation to the Secretary until expended for--

(A) the reimbursement of costs incurred by the Nevada State office and the Ely Field Office of the Bureau of Land Management for preparing for the sale of land described in section 102(b) including surveys appraisals, compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321) and compliance with the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1711, 1712);

(B) the inventory, evaluation, protection, and management of unique archaeological resources (as defined in section 3 of the Archaeological Resources Protection Act of 19792 (16 U.S.C. 470bb)) of the County;

(D) processing of public land use authorizations and rights-of-way relating to the development of land conveyed under section 102(a) of this Act;

(E) processing the Silver State OHV trail and implementing the management plan required by section 151(c)(2) of this Act; and

(F) processing wilderness designation, including but not limited to, the costs of appropriate fencing, signage, public education, and enforcement for the wilderness areas designated.

(c) Investment of Special Account.--Any amounts deposited in the special account shall earn interest in an amount determined by the Secretary of the Treasury on the basis of the current average market yield on outstanding marketable obligations of the United States of comparable maturities, and may be expended according to the provisions of this section.

TITLE II--WILDERNESS AREAS

SEC. 111. FINDINGS.

Congress finds that--

(1) public land in the County contains unique and spectacular natural resources, including--

(A) priceless habitat for numerous species of plants and wildlife; and

(B) thousands of acres of land that remain in a natural state; and

(2) continued preservation of those areas would benefit the County and all of the United States by--

(A) ensuring the conservation of ecologically diverse habitat;

(B) protecting prehistoric cultural resources;

(D) protecting air and water quality.

SEC. 112. DEFINITIONS.

In this title:

(1) County.--The term ``County'' means Lincoln County, Nevada.

(2) Secretary.--The term ``Secretary'' means the Secretary of the Interior.

(3) State.--The term ``State'' means the State of Nevada.

SEC. 113. ADDITIONS TO NATIONAL WILDERNESS PRESERVATION

SYSTEM.

(a) Additions.--The following land in the State is designated as wilderness and as components of the National Wilderness Preservation System:

(1) Mormon mountains wilderness.--Certain Federal land managed by the Bureau of Land Management, comprising approximately 157,938 acres, as generally depicted on the map entitled ``Southern Lincoln County Wilderness Map'', dated October 1, 2004, which shall be known as the ``Mormon Mountains Wilderness''.

(2) Meadow valley range wilderness.--Certain Federal land managed by the Bureau of Land Management, comprising approximately 123,488 acres, as generally depicted on the map entitled ``Southern Lincoln County Wilderness Map'', dated October 1, 2004, which shall be known as the ``Meadow Valley Range Wilderness''.

(3) Delamar mountains wilderness.--Certain Federal land managed by the Bureau of Land Management, comprising approximately 111,328 acres, as generally depicted on the map entitled ``Southern Lincoln County Wilderness Map'', dated October 1, 2004, which shall be known as the ``Delamar Mountains Wilderness''.

(4) Clover mountains wilderness.--Certain Federal land managed by the Bureau of Land Management, comprising approximately 85,748 acres, as generally depicted on the map entitled ``Southern Lincoln County Wilderness Map'', dated October 1, 2004, which shall be known as the ``Clover Mountains Wilderness''.

(5) South pahroc range wilderness.--Certain Federal land managed by the Bureau of Land Management, comprising approximately 25,800 acres, as generally depicted on the map entitled ``Western Lincoln County Wilderness Map'', dated October 1, 2004, which shall be known as the ``South Pahroc Range Wilderness''.

(6) Worthington mountains wilderness.--Certain Federal land managed by the Bureau of Land Management, comprising approximately 30,664 acres, as generally depicted on the map entitled ``Western Lincoln County Wilderness Map'', dated October 1, 2004, which shall be known as the ``Worthington Mountains Wilderness''.

(7) Weepah spring wilderness.--Certain Federal land managed by the Bureau of Land Management, comprising approximately 51,480 acres, as generally depicted on the map entitled

``Western Lincoln County Wilderness Map'', dated October 1, 2004, which shall be known as the ``Weepah Spring Wilderness''.

(8) Parsnip peak wilderness.--Certain Federal land managed by the Bureau of Land Management, comprising approximately 43,693 acres, as generally depicted on the map entitled

``Northern Lincoln County Wilderness Map'', dated October 1, 2004, which shall be known as the ``Parsnip Peak Wilderness''.

(9) White rock range wilderness.--Certain Federal land managed by the Bureau of Land Management, comprising approximately 24,413 acres, as generally depicted on the map entitled ``Northern Lincoln County Wilderness Map'', dated October 1, 2004, which shall be known as the ``White Rock Range Wilderness''.

(10) Fortification range wilderness.--Certain Federal land managed by the Bureau of Land Management, comprising approximately 30,656 acres, as generally depicted on the map entitled ``Northern Lincoln County Wilderness Map'', dated October 1, 2004, which shall be known as the ``Fortification Range Wilderness''.

(11) Far south egans wilderness.--Certain Federal land managed by the Bureau of Land Management, comprising approximately 36,384 acres, as generally depicted on the map entitled ``Northern Lincoln County Wilderness Map'', dated October 1, 2004, which shall be known as the ``Far South Egans Wilderness''.

(12) Tunnel spring wilderness.--Certain Federal land managed by the Bureau of Land Management, comprising approximately 5,371 acres, as generally depicted on the map entitled ``Southern Lincoln County Wilderness Map'', dated October 1, 2004, which shall be known as the ``Tunnel Spring Wilderness''.

(13) Big rocks wilderness.--Certain Federal land managed by the Bureau of Land Management, comprising approximately 12,997 acres, as generally depicted on the map entitled

``Western Lincoln County Wilderness Map'', dated October 1, 2004, which shall be known as the ``Big Rocks Wilderness''.

(14) Mt. irish wilderness.--Certain Federal land managed by the Bureau of Land Management, comprising approximately 28,334 acres, as generally depicted on the map entitled

''Western Lincoln County Wilderness Map'', dated October 1, 2004, which shall be known as the ''Mt. Irish Wilderness''.

(b) Boundary.--The boundary of any portion of a wilderness area designated by subsection (a) that is bordered by a road shall be at least 100 feet from the edge of the road to allow public access.

(1) In general.--As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and legal description of each wilderness area designated by subsection (a) with the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate.

(2) Effect.--Each map and legal description shall have the same force and effect as if included in this section, except that the Secretary may correct clerical and typographical errors in the map or legal description.

(3) Availability.--Each map and legal description shall be on file and available for public inspection in (as appropriate)--

(A) the Office of the Director of the Bureau of Land Management;

(B) the Office of the Nevada State Director of the Bureau of Land Management;

(D) the Caliente Field Station of the Bureau of Land Management.

(d) Withdrawal.--Subject to valid existing rights, the wilderness areas designated by subsection (a) are withdrawn from--

(1) all forms of entry, appropriation, and disposal under the public land laws;

(2) location, entry, and patent under the mining laws; and

(3) operation of the mineral leasing and geothermal leasing laws.

SEC. 114. ADMINISTRATION.

(a) Management.--Subject to valid existing rights, each area designated as wilderness by this title shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that--

(1) any reference in that Act to the effective date shall be considered to be a reference to the date of the enactment of this Act; and

(2) any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary of the Interior.

(b) Livestock.--Within the wilderness areas designated under this title that are administered by the Bureau of Land Management, the grazing of livestock in areas in which grazing is established as of the date of enactment of this Act shall be allowed to continue, subject to such reasonable regulations, policies, and practices that the Secretary considers necessary, consistent with section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)), including the guidelines set forth in Appendix A of House Report 101-405.

(c) Incorporation of Acquired Land and Interests.--Any land or interest in land within the boundaries of an area designated as wilderness by this title that is acquired by the United States after the date of the enactment of this Act shall be added to and administered as part of the wilderness area within which the acquired land or interest is located.

(d) Water Rights.--

(1) Findings.--Congress finds that--

(A) the land designated as Wilderness by this title is within the Northern Mojave and Great Basin Deserts, is arid in nature, and includes ephemeral streams;

(B) the hydrology of the land designated as wilderness by this title is predominantly characterized by complex flow patterns and alluvial fans with impermanent channels;

(C) the subsurface hydrogeology of the region is characterized by ground water subject to local and regional flow gradients and unconfined and artesian conditions;

(D) the land designated as wilderness by this title is generally not suitable for use or development of new water resource facilities; and

(E) because of the unique nature and hydrology of the desert land designated as wilderness by this title, it is possible to provide for proper management and protection of the wilderness and other values of lands in ways different from those used in other legislation.

(2) Statutory construction.--Nothing in this title--

(A) shall constitute or be construed to constitute either an express or implied reservation by the United States of any water or water rights with respect to the land designated as wilderness by this title;

(B) shall affect any water rights in the State existing on the date of the enactment of this Act, including any water rights held by the United States;

(D) shall affect the interpretation of, or any designation made pursuant to, any other Act; or

(E) shall be construed as limiting, altering, modifying, or amending any of the interstate compacts or equitable apportionment decrees that apportion water among and between the State and other States.

(3) Nevada water law.--The Secretary shall follow the procedural and substantive requirements of the law of the State in order to obtain and hold any water rights not in existence on the date of enactment of this Act with respect to the wilderness areas designated by this title.

(4) New projects.--

(A) Water resource facility.--As used in this paragraph, the term ``water resource facility''--

(i) means irrigation and pumping facilities, reservoirs, water conservation works, aqueducts, canals, ditches, pipelines, wells, hydropower projects, and transmission and other ancillary facilities, and other water diversion, storage, and carriage structures; and

(ii) does not include wildlife guzzlers.

(B) Restriction on new water resource facilities.--Except as otherwise provided in this Act, on and after the date of the enactment of this Act, neither the President nor any other officer, employee, or agent of the United States shall fund, assist, authorize, or issue a license or permit for the development of any new water resource facility within the wilderness areas designated by this Act.

SEC. 115. ADJACENT MANAGEMENT.

(a) In General.--Congress does not intend for the designation of wilderness in the State pursuant to this title to lead to the creation of protective perimeters or buffer zones around any such wilderness area.

(b) Nonwilderness Activities.--The fact that nonwilderness activities or uses can be seen or heard from areas within a wilderness designated under this title shall not preclude the conduct of those activities or uses outside the boundary of the wilderness area.

SEC. 116. MILITARY OVERFLIGHTS.

Nothing in this title restricts or precludes--

(1) low-level overflights of military aircraft over the areas designated as wilderness by this title, including military overflights that can be seen or heard within the wilderness areas;

(2) flight testing and evaluation; or

(3) the designation or creation of new units of special use airspace, or the establishment of military flight training routes, over the wilderness areas.

SEC. 117. NATIVE AMERICAN CULTURAL AND RELIGIOUS USES.

Nothing in this title shall be construed to diminish the rights of any Indian tribe. Nothing in this title shall be construed to diminish tribal rights regarding access to Federal land for tribal activities, including spiritual, cultural, and traditional food-gathering activities.

SEC. 118. RELEASE OF WILDERNESS STUDY AREAS.

(a) Finding.--Congress finds that, for the purposes of section 603 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782), the public land in the County administered by the Bureau of Land Management in the following areas has been adequately studied for wilderness designation:

(1) The Table Mountain Wilderness Study Area.

(2) Evergreen A, B, and C Wilderness Study Areas.

(3) Any portion of the wilderness study areas--

(A) not designated as wilderness by section 114(a); and

(B) depicted as released on--

(i) the map entitled ``Northern Lincoln County Wilderness Map'' and dated October 1, 2004;

(ii) the map entitled ``Southern Lincoln County Wilderness Map'' and dated October 1, 2004; or

(iii) the map entitled ``Western Lincoln County Wilderness Map'' and dated October 1, 2004.

(b) Release.--Any public land described in subsection (a) that is not designated as wilderness by this title--

(1) is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c));

(2) shall be managed in accordance with--

(A) land management plans adopted under section 202 of that Act (43 U.S.C. 1712); and

(B) existing cooperative conservation agreements; and

(3) shall be subject to the Endangered Species Act of 1973

(16 U.S.C. 1531 et seq.).

SEC. 119. WILDLIFE MANAGEMENT.

(a) In General.--In accordance with section 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this title affects or diminishes the jurisdiction of the State with respect to fish and wildlife management, including the regulation of hunting, fishing, and trapping, in the wilderness areas designated by this title.

(b) Management Activities.--In furtherance of the purposes and principles of the Wilderness Act, management activities to maintain or restore fish and wildlife populations and the habitats to support such populations may be carried out within wilderness areas designated by this title where consistent with relevant wilderness management plans, in accordance with appropriate policies such as those set forth in Appendix B of House Report 101-405, including the occasional and temporary use of motorized vehicles, if such use, as determined by the Secretary, would promote healthy, viable, and more naturally distributed wildlife populations that would enhance wilderness values and accomplish those purposes with the minimum impact necessary to reasonably accomplish the task.

(c) Existing Activities.--Consistent with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)) and in accordance with appropriate policies such as those set forth in Appendix B of House Report 101-405, the State may continue to use aircraft, including helicopters, to survey, capture, transplant, monitor, and provide water for wildlife populations, including bighorn sheep, and feral stock, horses, and burros.

(d) Wildlife Water Development Projects.--Subject to subsection (f), the Secretary shall authorize structures and facilities, including existing structures and facilities, for wildlife water development projects, including guzzlers, in the wilderness areas designated by this Act if--

(1) the structures and facilities will, as determined by the Secretary, enhance wilderness values by promoting healthy, viable, and more naturally distributed wildlife populations; and

(2) the visual impacts of the structures and facilities on the wilderness areas can reasonably be minimized.

(e) Hunting, Fishing, and Trapping.--In consultation with the appropriate State agency (except in emergencies), the Secretary may designate by regulation areas in which, and establish periods during which, for reasons of public safety, administration, or compliance with applicable laws, no hunting, fishing, or trapping will be permitted in the wilderness areas designated by this Act.

(f) Cooperative Agreement.--The terms and conditions under which the State, including a designee of the State, may conduct wildlife management activities in the wilderness areas designated by this title are specified in the cooperative agreement between the Secretary and the State, entitled ``Memorandum of Understanding between the Bureau of Land Management and the Nevada Department of Wildlife Supplement No. 9,'' and signed November and December 2003, including any amendments to that document agreed upon by the Secretary and the State and subject to all applicable laws and regulations. Any references to Clark County in that document shall also be deemed to be referred to and shall apply to Lincoln County, Nevada.

SEC. 120. WILDFIRE MANAGEMENT.

Consistent with section 4 of the Wilderness Act (16 U.S.C. 1133), nothing in this title precludes a Federal, State, or local agency from conducting wildfire management operations

(including operations using aircraft or mechanized equipment) to manage wildfires in the wilderness areas designated by this title.

SEC. 121. CLIMATOLOGICAL DATA COLLECTION.

Subject to such terms and conditions as the Secretary may prescribe, nothing in this title precludes the installation and maintenance of hydrologic, meteorologic, or climatological collection devices in the wilderness areas designated by this title if the facilities and access to the facilities are essential to flood warning, flood control, and water reservoir operation activities.

TITLE III--UTILITY CORRIDORS

SEC. 131. UTILITY CORRIDOR AND RIGHTS-OF-WAY.

(a) Utility Corridor.--

(1) In general.--Consistent with title II and notwithstanding sections 202 and 503 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1711, 1763), the Secretary of the Interior (referred to in this section as the

``Secretary'') shall establish on public land a 2,640-foot wide corridor for utilities in Lincoln County and Clark County, Nevada, as generally depicted on the map entitled

``Lincoln County Conservation, Recreation, and Development Act'', and dated October 1, 2004.

(2) Availability.--Each map and legal description shall be on file and available for public inspection in (as appropriate)--

(A) the Office of the Director of the Bureau of Land Management;

(B) the Office of the Nevada State Director of the Bureau of Land Management;

(D) the Caliente Field Station of the Bureau of Land Management.

(b) Rights-of-Way.--

(1) In general.--Notwithstanding sections 202 and 503 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1711, 1763), and subject to valid and existing rights, the Secretary shall grant to the Southern Nevada Water Authority and the Lincoln County Water District nonexclusive rights-of-way to Federal land in Lincoln County and Clark County, Nevada, for any roads, wells, well fields, pipes, pipelines, pump stations, storage facilities, or other facilities and systems that are necessary for the construction and operation of a water conveyance system, as depicted on the map.

(2) Applicable law.--A right-of-way granted under paragraph

(1) shall be granted in perpetuity and shall not require the payment of rental.

(3) Compliance with nepa.--Before granting a right-of-way under paragraph (1), the Secretary shall comply with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), including the identification and consideration of potential impacts to fish and wildlife resources and habitat.

(c) Withdrawal.--Subject to valid existing rights, the utility corridors designated by subsection (a) are withdrawn from--

(1) all forms of entry, appropriation, and disposal under the public land laws;

(2) location, entry, and patent under the mining laws; and

(3) operation of the mineral leasing and geothermal leasing laws.

(d) State Water Law.--Nothing in this title shall--

(1) prejudice the decisions or abrogate the jurisdiction of the Nevada or Utah State Engineers with respect to the appropriation, permitting, certification, or adjudication of water rights;

(2) preempt Nevada or Utah State water law; or

(3) limit or supersede existing water rights or interest in water rights under Nevada or Utah State law.

(e) Water Resources Study.--

(1) In general.--The Secretary, acting through the United States Geological Survey, the Desert Research Institute, and a designee from the State of Utah shall conduct a study to investigate ground water quantity, quality, and flow characteristics in the deep carbonate and alluvial aquifers of White Pine County, Nevada, and any groundwater basins that are located in White Pine County, Nevada, or Lincoln County, Nevada, and adjacent areas in Utah. The study shall--

(A) focus on a review of existing data and may include new data;

(B) determine the approximate volume of water stored in aquifers in those areas;

(D) determine the hydrogeologic and other controls that govern the discharge and recharge of each aquifer system; and

(E) develop maps at a consistent scale depicting aquifer systems and the recharge and discharge areas of such systems.

(2) Timing; availability.--The Secretary shall complete a draft of the water resources report required under paragraph

(1) not later than 30 months after the date of the enactment of this Act. The Secretary shall then make the draft report available for public comment for a period of not less than 60 days. The final report shall be submitted to the Committee on Resources in the House of Representatives and the Committee on Energy and Natural Resources in the Senate and made available to the public not later than 36 months after the date of the enactment of this Act.

(3) Agreement.--Prior to any transbasin diversion from ground-water basins located within both the State of Nevada and the State of Utah, the State of Nevada and the State of Utah shall reach an agreement regarding the division of water resources of those interstate ground-water flow system(s) from which water will be diverted and used by the project. The agreement shall allow for the maximum sustainable beneficial use of the water resources and protect existing water rights.

(4) Funding.--Section 4(e)(3)(A) of the Southern Nevada Public Land Management Act of 1998 (112 Stat. 2346; 116 Stat. 2007; 117 Stat. 1317) is amended--

(A) in clauses (ii), (iv), and (v), by striking ``County'' each place it appears and inserting ``and Lincoln Counties'';

(B) in clause (vi), by striking ``and'' at the end;

(D) by inserting after clause (vi) the following:

``(vii) for development of a water study for Lincoln and White Pine Counties, Nevada, in an amount not to exceed

$6,000,000; and''.

SEC. 132. RELOCATION OF RIGHT-OF-WAY AND UTILITY CORRIDORS

LOCATED IN CLARK AND LINCOLN COUNTIES IN THE

STATE OF NEVADA.

(a) Definitions.--In this section:

(1) Agreement.--The term ``Agreement'' means the land exchange agreement between Aerojet-General Corporation and the United States, dated July 14, 1988.

(2) Corridor.--The term ``corridor'' means--

(A) the right-of-way corridor that is--

(i) identified in section 5(b)(1) of the Nevada-Florida Land Exchange Authorization Act of 1988 (102 Stat. 55); and

(ii) described in section 14(a) of the Agreement;

(B) such portion of the utility corridor identified in the 1988 Las Vegas Resource Management Plan located south of the boundary of the corridor described in subparagraph (A) as is necessary to relocate the right-of-way corridor to the area described in subsection (c)(2); and

(C) such portion of the utility corridor identified in the 2000 Caliente Management Framework Plan Amendment located north of the boundary of the corridor described in subparagraph (A) as is necessary to relocate the right-of-way corridor to the area described in subsection (c)(2).

(3) Secretary.--The term ``Secretary'' means the Secretary of the Interior.

(b) Relinquishment and Fair Market Value.--

(1) In general.--The Secretary shall, in accordance with this section, relinquish all right, title, and interest of the United States in and to the corridor on receipt of a payment in an amount equal to the fair market value of the corridor (plus any costs relating to the right-of-way relocation described in this title).

(2) Fair market value.--

(A) The fair market value of the corridor shall be equal to the amount by which the value of the discount described in the 1988 appraisal of the corridor that was applied to the land underlying the corridor has increased, as determined by the Secretary using the multiplier determined under subparagraph (B).

(B) Not later than 60 days after the date of the enactment of this Act, the Appraisal Services Directorate of the Department of the Interior shall determine an appropriate multiplier to reflect the change in the value of the land underlying the corridor between--

(i) the date of which the corridor was transferred in accordance with the Agreement; and

(ii) the date of enactment of this Act.

(3) Proceeds.--Proceeds under this subsection shall be deposited in the account established under section 103(b)(3)

(1) In general.--The Secretary shall relocate to the area described in paragraph (2), the portion of IDI-26446 and UTU-73363 identified as NVN-49781 that is located in the corridor relinquished under subsection (b)(1).

(2) Description of area.--The area referred to in paragraph

(1) is the area located on public land west of United States Route 93.

(3) Requirements.--The relocation under paragraph (1) shall be conducted in a manner that--

(A) minimizes engineering design changes; and

(B) maintains a gradual and smooth interconnection of the corridor with the area described in paragraph (2).

(4) Authorized uses.--The Secretary may authorize the location of any above ground or underground utility facility, transmission lines, gas pipelines, natural gas pipelines, fiber optics, telecommunications, water lines, wells

(including monitoring wells), cable television, and any related appurtenances in the area described in paragraph (1).

(d) Effect.--The relocation of the corridor under this section shall not require the Secretary to update the 1998 Las Vegas Valley Resource Management Plan or the 2000 Caliente Management Framework Plan Amendment.

(e) Waiver of Certain Requirements.--The Secretary shall waive the requirements of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) that would otherwise be applicable to the holders of the right-of-way corridor described in subsection (a)(2)(A) with respect to an amendment to the legal description of the right-of-way corridor.

TITLE IV--SILVER STATE OFF-HIGHWAY VEHICLE TRAIL

SEC. 141. SILVER STATE OFF-HIGHWAY VEHICLE TRAIL.

(a) Definitions.--In this section:

(1) Secretary.--The term ``Secretary'' means the Secretary of the Interior.

(2) Map.--The term ``Map'' means the map entitled ``Lincoln County Conservation, Recreation and Development Act Map'' and dated October 1, 2004.

(3) Trail.--The term ``Trail'' means the system of trails designated in subsection (b) as the Silver State Off-Highway Vehicle Trail.

(b) Designation.--The trails that are generally depicted on the Map are hereby designated as the ``Silver State Off-Highway Vehicle Trail''.

(1) In general.--The Secretary shall manage the Trail in a manner that--

(A) is consistent with motorized and mechanized use of the Trail that is authorized on the date of the enactment of this Act pursuant to applicable Federal and State laws and regulations;

(B) ensures the safety of the people who use the Trail; and

(2) Management plan.--

(A) In general.--Not later than 3 years after the date of the enactment of this Act, the Secretary, in consultation with the State, the County, and any other interested persons, shall complete a management plan for the Trail.

(B) Components.--The management plan shall--

(i) describe the appropriate uses and management of the Trail;

(ii) authorize the use of motorized and mechanized vehicles on the Trail; and

(iii) describe actions carried out to periodically evaluate and manage the appropriate levels of use and location of the Trail to minimize environmental impacts and prevent damage to cultural resources from the use of the Trail.

(3) Monitoring and evaluation.--

(A) Annual assessment.--The Secretary shall annually assess the effects of the use of off-highway vehicles on the Trail and, in consultation with the Nevada Division of Wildlife, assess the effects of the Trail on wildlife and wildlife habitat to minimize environmental impacts and prevent damage to cultural resources from the use of the Trail.

(B) Closure.--The Secretary, in consultation with the State and the County, may temporarily close or permanently reroute, subject to subparagraph (C), a portion of the Trail if the Secretary determines that--

(i) the Trail is having an adverse impact on--

(I) natural resources; or

(II) cultural resources;

(ii) the Trail threatens public safety;

(iii) closure of the Trail is necessary to repair damage to the Trail; or

(iv) closure of the Trail is necessary to repair resource damage.

(C) Rerouting.--Portions of the Trail that are temporarily closed may be permanently rerouted along existing roads and trails on public lands currently open to motorized use if the Secretary determines that such rerouting will not significantly increase or decrease the length of the Trail.

(D) Notice.--The Secretary shall provide information to the public regarding any routes on the Trail that are closed under subparagraph (B), including by providing appropriate signage along the Trail.

(4) Notice of open routes.--The Secretary shall ensure that visitors to the Trail have access to adequate notice regarding the routes on the Trail that are open through use of appropriate signage along the Trail and through the distribution of maps, safety education materials, and other information considered appropriate by the Secretary.

(d) No Effect on Non-Federal Land and Interests in Land.--Nothing in this section shall be construed to affect ownership, management, or other rights related to non-Federal land or interests in land.

(e) Map on File.--The Map shall be kept on file at the appropriate offices of the Secretary.

TITLE V--OPEN SPACE PARKS

SEC. 151. OPEN SPACE PARK CONVEYANCE TO LINCOLN COUNTY,

NEVADA.

(a) Conveyance.--Notwithstanding sections 202 and 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1171, 1712), not later than 1 year after lands are identified by the County, the Secretary shall convey to the County, subject to valid existing rights, for no consideration, all right title, and interest of the United States in and to the parcels of land described in subsection (b).

(b) Description of Land.--Up to 15,000 acres of Bureau of Land Management-managed public land in Lincoln County identified by the county in consultation with the Bureau of Land Management.

(c) Costs.--Any costs relating to any conveyance under subsection (a), including costs for surveys and other administrative costs, shall be paid by the County, or in accordance with section 103(b)(2) of this Act.

(d) Use of Land.--

(1) In general.--Any parcel of land conveyed to the County under subsection (a) shall be used only for--

(A) the conservation of natural resources; or

(B) public parks.

(2) Facilities.--Any facility on a parcel of land conveyed under subsection (a) shall be constructed and managed in a manner consistent with the uses described in paragraph (1).

(e) Reversion.--If a parcel of land conveyed under subsection (a) is used in a manner that is inconsistent with the uses specified in subsection (d), the parcel of land shall, at the discretion of the Secretary, revert to the United States.

SEC. 152. OPEN SPACE PARK CONVEYANCE TO THE STATE OF NEVADA.

(a) Conveyance.--Notwithstanding section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712), the Secretary shall convey to the State of Nevada, subject to valid existing rights, for no consideration, all right, title, and interest of the United States in and to the parcels of land described in subsection (b), if there is a written agreement between the State and Lincoln County, Nevada, supporting such a conveyance.

(b) Description of Land.--The parcels of land referred to in subsection (a) are the parcels of land depicted as ``NV St. Park Expansion Proposal'' on the map entitled ``Lincoln County Conservation, Recreation, and Development Act Map'' and dated October 1, 2004.

(c) Costs.--Any costs relating to any conveyance under subsection (a), including costs for surveys and other administrative costs, shall be paid by the State.

(d) Use of Land.--

(1) In general.--Any parcel of land conveyed to the State under subsection (a) shall be used only for--

(A) the conservation of natural resources; or

(B) public parks.

(2) Facilities.--Any facility on a parcel of land conveyed under subsection (a) shall be constructed and managed in a manner consistent with the uses described in paragraph (1).

TITLE VI--JURISDICTION TRANSFER

SEC. 161. TRANSFER OF ADMINISTRATIVE JURISDICTION BETWEEN THE

FISH AND WILDLIFE SERVICE AND THE BUREAU OF

LAND MANAGEMENT.

(a) In General.--Administrative jurisdiction over the land described in subsection (b) is transferred from the United States Bureau of Land Management to the United States Fish and Wildlife Service for inclusion in the Desert National Wildlife Range and the administrative jurisdiction over the land described in subsection (c) is transferred from the United States Fish and Wildlife Service to the United States Bureau of Land Management.

(b) Description of Land.--The parcel of land referred to in subsection (a) is the approximately 8,503 acres of land administered by the United States Bureau of Land Management as generally depicted on the map entitled ``Lincoln County Conservation, Recreation, and Development Act Map'' and identified as ``Lands to be transferred to the Fish and Wildlife Service'' and dated October 1, 2004.

(c) Description of Land.--The parcel of land referred to in subsection (a) is the approximately 8,382 acres of land administered by the United States Fish and Wildlife Service as generally depicted on the map entitled ``Lincoln County Conservation, Recreation, and Development Act Map'' and identified as ``Lands to be transferred to the Bureau of Land Management'' and dated October 1, 2004.

(d) Availability.--Each map and legal description shall be on file and available for public inspection in (as appropriate)--

(1) the Office of the Director of the Bureau of Land Management;

(2) the Office of the Nevada State Director of the Bureau of Land Management;

(3) the Ely Field Station of the Bureau of Land Management;

(4) the Caliente Field Office of the Bureau of Land Management;

(5) the Office of the Director of the United States Fish and Wildlife Service; and

(6) the Office of the Desert National Wildlife Complex.

______

SA 4055. Mr. FRIST (for Mr. Domenici) proposed an amendment to the bill H.R. 1630, to revise the boundary of the Petrified Forest National Park in the State of Arizona, and for other purposes; as follows:

On page 2, line 9, strike ``June'' and insert ``July''.

______

SA 4056. Mr. FRIST (for Mr. Domenici) proposed an amendment to the bill S. 1466, to facilitate the transfer of land in the State of Alaska, and for other purposes; as follows:

Strike all after the enacting clause and insert the following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``Alaska Land Transfer Acceleration Act''.

(b) Table of Contents.--The table of contents of this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Definitions.

TITLE I--STATE SELECTIONS AND CONVEYANCES

Sec. 101. Community grant selections and conveyances.

Sec. 102. Prioritization of land to be conveyed.

Sec. 103. Selection of certain reversionary interests held by the

United States.

Sec. 104. Effect of hydroelectric withdrawals.

Sec. 105. Entitlement for the University of Alaska.

Sec. 106. Settlement of remaining entitlement.

Sec. 107. Effect of Federal mining claims.

Sec. 108. Land mistakenly relinquished or omitted.

TITLE II--ALASKA NATIVE CLAIMS SETTLEMENT ACT

Sec. 201. Land available after selection period.

Sec. 202. Combined entitlements.

Sec. 203. Authority to convey by whole section.

Sec. 204. Conveyance of cemetery sites and historical places.

Sec. 205. Allocations based on population.

Sec. 206. Authority to withdraw land.

Sec. 207. Report on withdrawals.

Sec. 208. Automatic segregation of land for underselected Village

Corporations.

Sec. 209. Settlement of remaining entitlement.

TITLE III--NATIVE ALLOTMENTS

Sec. 301. Correction of conveyance documents.

Sec. 302. Title recovery of Native allotments.

Sec. 303. Native allotment revisions on land selected by or conveyed to a Native Corporation.

Sec. 304. Compensatory acreage.

Sec. 305. Reinstatements and reconstructions.

Sec. 306. Amendments to section 41 of the Alaska Native Claims

Settlement Act.

TITLE IV--FINAL PRIORITIES; CONVEYANCE AND SURVEY PLANS

Sec. 401. Deadline for establishment of regional plans. Sec. 402. Deadline for establishment of village plans.

Sec. 403. Final prioritization of ANCSA selections.

Sec. 404. Final prioritization of State selections.

TITLE V--ALASKA LAND CLAIMS HEARINGS AND APPEALS

Sec. 501. Alaska land claims hearings and appeals.

TITLE VI--REPORT AND AUTHORIZATION OF APPROPRIATIONS

Sec. 601. Report.

Sec. 602. Authorization of appropriations.

SEC. 2. DEFINITIONS.

In this Act:

(1) Native allotment.--The term ``Native allotment'' means an allotment claimed under the Act of May 17, 1906 (34 Stat. 197, chapter 2469).

(2) Secretary.--The term ``Secretary'' means the Secretary of the Interior.

(3) State.--The term ``State'' means the State of Alaska.

TITLE I--STATE SELECTIONS AND CONVEYANCES

SEC. 101. COMMUNITY GRANT SELECTIONS AND CONVEYANCES.

(a) In General.--Section 6 of Public Law 85-508 (commonly known as the ``Alaska Statehood Act'') (72 Stat. 340) is amended by adding at the end the following:

``(n) The minimum tract selection size is waived with respect to a selection made by the State of Alaska under subsection (a) for the following selections:

National Forest Community

Grant Application Number Area Name Est. Acres

209 Yakutat Airport Addition 111

264 Bear Valley (Portage) 120

284 Hyder-Fish Creek 61

310 Elfin Cove 37

384 Edna Bay Admin Site 37

390 Point Hilda 29.''.

(b) Community Grant Selections.--Section 6 of Public Law 85-508 (commonly known as the ``Alaska Statehood Act'') (72 Stat. 340) (as amended by subsection (a)) is amended by adding at the end the following:

``(o)(1) The State of Alaska may elect to convert a selection filed under subsection (b) to a selection under subsection (a) by notifying the Secretary of the Interior in writing.

``(2) If the State of Alaska makes an election under paragraph (1), the entire selection shall be converted to a selection under subsection (a).

``(3) The Secretary of the Interior shall not convey a total of more than 400,000 acres of public domain land selected under subsection (a) or converted under paragraph

(1) to a public domain selection under subsection (a).

``(4) Conversion of a selection under paragraph (1) shall not increase the survey obligation of the United States with respect to the land converted.

``(p) All selection applications of the State of Alaska that are on file with the Secretary of the Interior under the public domain provisions of subsection (a) on the date of enactment of this subsection and any selection applications that are converted to a subsection (a) selection under subsection (o)(1) are approved as suitable for community or recreational purposes.''.

SEC. 102. PRIORITIZATION OF LAND TO BE CONVEYED.

Section 906(h)(2) of the Alaska National Interest Lands Conservation Act (43 U.S.C. 1635(h)(2)) is amended--

(1) by striking ``(2) As soon as practicable'' and inserting the following:

``(2)(A) As soon as practicable'';

(2) by striking ``The sequence of'' and inserting the following:

``(B)(i) The sequence of''; and

(3) by adding at the end the following:

``(ii) In establishing the priorities for tentative approval under clause (i), the State shall--

``(I) in the case of a selection under section 6(a) of Public Law 85-508 (commonly known as the `Alaska Statehood Act') (72 Stat. 340), include all land selected; or

``(II) in the case of a selection under section 6(b) of that Act--

``(aa) include at least 5,760 acres; or

``(bb) if a waiver has been granted under section 6(g) of that Act or less than 5,760 acres of the entitlement remains, prioritize the selection in such increments as are available for conveyance.''.

SEC. 103. SELECTION OF CERTAIN REVERSIONARY INTERESTS HELD BY

THE UNITED STATES.

(a) In General.--All reversionary interests held by the United States in land owned by the State or any political subdivision of the State and any Federal land leased by the State under the Act of August 23, 1950 (25 U.S.C. 293b), or the Act of June 4, 1953 (25 U.S.C. 293a), that is prioritized for conveyance by the State under section 906(h)(2) of the Alaska National Interest Lands Conservation Act (43 U.S.C. 1635(h)(2))--

(1) are deemed to be selected; and

(2) may, with the concurrence of the Secretary or the head of the Federal agency with administrative jurisdiction over the land, be conveyed under section 6 of Public Law 85-508

(commonly known as the ``Alaska Statehood Act'') (72 Stat. 340).

(b) Effect on Entitlement.--If, before the date of enactment of this Act, the entitlement of the State has not been charged with respect to a parcel for which a reversionary interest is conveyed under subsection (a), the total acreage of the parcel shall be charged against the remaining entitlement of the State.

(c) Minimum Acreage Requirement Not Applicable.--The minimum acreage requirement under subsections (a) and (b) of section 6 of Public Law 85-508 (commonly known as the

``Alaska Statehood Act'') (72 Stat. 340) shall not apply to the selection of reversionary interests under subsection (a).

(d) State Waiver.--On conveyance to the State of any reversionary interest selected under subsection (a), the State shall be deemed to have waived all right to any future credit should the reversion not occur.

(e) Limitation.--This section shall not apply to--

(1) reversionary interests in land acquired by the United States through the use of amounts from the Exxon Valdez Oil Spill Trust Fund; or

(2) reversionary interests in any land conveyed to the State as a result of the ``Terms and Conditions for Land Consolidation and Management in Cook Inlet Area'' as ratified by section 12 of Public Law 94-204 (43 U.S.C. 1611 note).

SEC. 104. EFFECT OF HYDROELECTRIC WITHDRAWALS.

(a) Land Withdrawn, Reserved, or Classified for Power Site or Power Project Purposes.--If the State has filed a future selection application under section 906(e) of the Alaska National Interest Lands Conservation Act (43 U.S.C. 1635(e)) for land withdrawn, reserved, or classified for power site or power project purposes, notwithstanding the withdrawal, reservation, or classification for power site or power project purposes, the following parcels of land shall be deemed to be vacant, unappropriated, and unreserved within the meaning of Public Law 85-508 (commonly known as the

``Alaska Statehood Act'') (72 Stat. 339):

General Selection

Serial Number Area Name Application Number

AKAA 058747 Bradley Lake GS 5141

AKAA 058848 Bradley Lake GS 44

AKAA 058266 Eagle River/Ship Creek/ GS 1429

Peters Creek

AKAA 058265 Eagle River/Ship Creek/ GS 1209

Peters Creek

AKAA 058374 Salmon Creek GS 327

AKF 031321 Nenana River GS 2182

AKAA 059056 Solomon Gulch at Valdez GS 86

DAKFF 085798 Kruzgamepa River Pass GS 4096.

Creek

(b) Limitation.--Subsection (a) does not apply to any land that is--

(1) located within the boundaries of a conservation system unit (as defined in section 102 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3102)); or

(2) otherwise unavailable for conveyance under Public Law 85-508 (commonly known as the ``Alaska Statehood Act'') (72 Stat. 339).

(c) Requirement Applicable to National Forest System Land.--Any land described in subsection (a) that is in a unit of the National Forest System shall not be conveyed unless the Secretary of Agriculture approved the State selection before January 3, 1994.

(d) Requirements Applicable to Hydroelectric Applications and Licensed Projects.--

(1) Hydroelectric applications.--Any selection of land described in subsection (a) that is included in a hydroelectric application--

(A) shall be subject to the jurisdiction of the Federal Energy Regulatory Commission; and

(B) shall not be conveyed while the hydroelectric application is pending.

(2) Licensed project.--Any selection of land described in subsection (a) that is included in a licensed project shall be subject to--

(A) the jurisdiction of the Federal Energy Regulatory Commission;

(B) the rights of third parties; and

(e) Effect of Section.--Nothing in this section negates or diminishes any right of an applicant to petition for restoration and opening of land withdrawn or classified for power purposes under section 24 of the Federal Power Act (16 U.S.C. 818).

SEC. 105. ENTITLEMENT FOR THE UNIVERSITY OF ALASKA.

(a) In General.--As of January 1, 2003, the remaining State entitlement for the benefit of the University of Alaska under the Act of January 21, 1929

(45 Stat. 1091, chapter 92), is 456 acres.

(b) Reversionary Interests.--The Act of January 21, 1929

(45 Stat. 1091, chapter 92), is amended by adding at the end the following:

``Sec. 3. (a) The State of Alaska (referred to in this Act as the `State'), acting on behalf of, and with the approval of, the University of Alaska, may select--

``(1) any mineral interest (including an interest in oil or gas) in land located in the State, the unreserved portion of which is owned by the University of Alaska; or

``(2) any reversionary interest held by the United States in land located in the State, the unreserved portion of which is owned by the University of Alaska.

``(b) The total acreage of any parcel of land for which a partial interest is conveyed under subsection (a) shall be charged against the remaining entitlement of the State under this Act.

``(c) In taking title to a reversionary interest, the State, with the approval of the University of Alaska, waives all right to any future acreage credit if the reversion does not occur.

``Sec. 4. The Secretary may survey any vacant, unappropriated, and unreserved land in the State for purposes of allowing selections under this Act.

``Sec. 5. The authorized outstanding selections under this Act shall be not more than--

``(1) 125 percent of the remaining entitlement; plus

``(2) the number of acres of land that are in conflict with land owned by the University of Alaska, as identified in Native allotment applications on record with the Bureau of Land Management.''.

SEC. 106. SETTLEMENT OF REMAINING ENTITLEMENT.

(a) In General.--The Secretary may enter into a binding written agreement with the State with respect to--

(1) the exact number and location of acres of land remaining to be conveyed under each entitlement established or confirmed by Public Law 85-508 (commonly known as the

``Alaska Statehood Act'') (72 Stat. 340), from--

(A) the land selected by the State as of January 3, 1994; and

(B) selections under the Act of January 21, 1929 (45 Stat. 1091, chapter 92);

(2) the priority in which the land is to be conveyed;

(3) the relinquishment of selections which are not to be conveyed; and

(4) the survey of the exterior boundaries of the land to be conveyed.

(b) Consultation.--Before entering into an agreement under subsection (a), the Secretary shall ensure that any concerns or issues identified by any Federal agency potentially affected are given consideration.

(c) Errors.--The State, by entering into an agreement under subsection (a), shall receive any gain or bear any loss that results from errors in prior surveys, protraction diagrams, or the computation of the ownership of third parties on any land conveyed under an agreement entered into under subsection (a).

(d) Availability of Agreements.--Agreements entered into under subsection (a) shall be available for public inspection in the appropriate offices of the Department of the Interior.

(e) Effect.--Nothing in this section increases the entitlement provided to the State under Public Law 85-508

(commonly known as the ``Alaska Statehood Act'') (72 Stat. 340), or the Act of January 21, 1929 (45 Stat. 1091, chapter 92).

SEC. 107. EFFECT OF FEDERAL MINING CLAIMS.

(a) Conditional Relinquishments.--

(1) In general.--To facilitate the conversion of Federal mining claims to State mining claims on land selected or topfiled by the State, a Federal mining claimant may file with the Secretary a voluntary relinquishment of the Federal mining claim conditioned on conveyance of the land to the State.

(2) Conveyance of relinquished claim.--The Secretary may convey the land described in the relinquished Federal mining claim to the State if, with respect to the land--

(A) the State has filed as of January 3, 1994--

(i) a selection application under Public Law 85-508

(commonly known as the ``Alaska Statehood Act'') (72 Stat. 339); or

(ii) a future selection application under section 906(e) of the Alaska National Interest Lands Conservation Act 43 U.S.C. 1635(e)); and

(B) the land addressed by the selection application or future selection application is conveyed to the State.

(3) Obligations under federal law.--Until the date on which the land is conveyed under paragraph (2), a Federal mining claimant shall be subject to any obligations relating to the land under Federal law.

(4) No relinquishment.--If the land previously encumbered by the relinquished Federal mining claim is not conveyed to the State under paragraph (2), the relinquishment of land under paragraph (1) shall be of no effect.

(b) Rights-of-Way; Other Interest.--On conveyance to the State of a relinquished Federal mining claim under this section, the State shall assume authority over any leases, licenses, permits, rights-of-way, operating plans, other land use authorizations, or reclamation obligations applicable to the relinquished Federal mining claim on the date of conveyance.

SEC. 108. LAND MISTAKENLY RELINQUISHED OR OMITTED.

Notwithstanding the selection deadlines under section 6(a) of Public Law 85-508 (commonly known as the ``Alaska Statehood Act'') (72 Stat. 340)--

(1) the State selection application AA-17607 NFCG 75, located in the Chugach National Forest, is reinstated to the parcels of land originally selected in 1978, which are more particularly described as--

(A) S\1/2\ sec. 14, T. 11 S., R. 11 W., of the Copper River Meridian;

(B) S\1/2\ sec. 15, T. 11 S., R. 11 W., of the Copper River Meridian;

(D) E\1/2\, E\1/2\W\1/2\, SW\1/4\SW\1/4\ sec. 21, T. 11 S., R. 11 W., of the Copper River Meridian;

(E) N\1/2\, SW\1/4\, N\1/2\SE\1/4\ sec. 22, T. 11 S., R. 11 W., of the Copper River Meridian;

(F) N\1/2\, SW\1/4\, N\1/2\SE\1/4\ sec. 23, T. 11 S., R. 11 W., of the Copper River Meridian;

(G) NW\1/4\ sec. 27, T. 11 S., R. 11 W., of the Copper River Meridian; and

(H) N\1/2\N\1/2\, SE\1/4\NE\1/4\ sec. 28, T. 11 S., R. 11 W., of the Copper River Meridian; and

(2) the following parcels of land are considered topfiled under section 906(e) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 1635(e)):

(A) The parcels of land omitted from the State's topfiling of the Utility and Transportation Corridor, and other parcels of land encompassing the Trans-Alaska Pipeline System, withdrawn by Public Land Order No. 5150 (except for any land within the boundaries of a conservation system unit), which are more particularly described as--

(i) secs. 1-30, 32-36, T. 27 N., R. 11 W., of the Fairbanks Meridian;

(ii) secs. 10, 13--18, 21-28, and 33-36, T. 20 N., R. 13 W., of the Fairbanks Meridian;

(iii) secs. 13, 14, and 15, T. 20 N., R. 14 W., of the Fairbanks Meridian;

(iv) secs. 1-5, 8-17, and 20-28, T. 19 N., R. 13 W., of the Fairbanks Meridian;

(v) secs. 29-32, T. 20 N., R. 16 W., of the Fairbanks Meridian;

(vi) secs. 5-11, 14-23, and 25-36, T. 19 N., R. 16 W., of the Fairbanks Meridian;

(vii) secs. 30 and 31, T. 19 N., R. 15 W., of the Fairbanks Meridian;

(viii) secs. 5 and 6, T. 18 N., R. 15 W., of the Fairbanks Meridian;

(ix) secs. 1-2 and 7-34, T. 16 N., R. 14 W., of the Fairbanks Meridian; and

(x) secs. 4-9, T. 15 N., R. 14 W., of the Fairbanks Meridian.

(B) Secs. 1, 2, 11-14, T. 10 S., R. 42 W., of the Seward Meridian.

TITLE II--ALASKA NATIVE CLAIMS SETTLEMENT ACT

SEC. 201. LAND AVAILABLE AFTER SELECTION PERIOD.

(a) In General.--To make certain Federal land available for conveyance to a Native Corporation that has sufficient remaining entitlement, the Secretary may waive the filing deadlines under sections 12 and 16 of the Alaska Native Claims Settlement Act (43 U.S.C. 1611, 1615) if--

(1) the Federal land is--

(A) located in a township in which all or any part of a Native Village is located; or

(B) surrounded by--

(i) land that is owned by the Native Corporation; or

(ii) selected land that will be conveyed to the Native Corporation;

(2) the Federal land--

(A) became available after the end of the original selection period;

(B)(i) was not selected by the Native Corporation because the Federal land was subject to a competing claim or entry; and

(ii) the competing claim or entry has lapsed; or

(3)(A) the Secretary provides the Native Corporation with a specific time period in which to decline the Federal land; and

(B) the Native Corporation does not submit to the Secretary written notice declining the land within the period established under subparagraph (A); and

(4) the State has voluntarily relinquished any valid State selection or top-filing for the Federal land.

(b) Congressional Action.--Subsection (a) shall not apply to a parcel of Federal land if Congress has specifically made other provisions for disposition of the parcel of Federal land.

SEC. 202. COMBINED ENTITLEMENTS.

Section 12 of the Alaska Native Claims Settlement Act (43 U.S.C. 1611) is amended--

(1) in the second sentence of subsection (b), by striking

``Regional Corporation shall'' and inserting ``Regional Corporation shall, not later than October 1, 2005,''; and

(2) by adding at the end the following:

``(f)(1) The entitlements received by any Village Corporation under subsection (a) and the reallocations made to the Village Corporation under subsection (b) may be combined, at the discretion of the Secretary, without--

``(A) increasing or decreasing the combined entitlement; or

``(B) increasing the limitation on selections of Wildlife Refuge System land, National Forest System land, or State-selected land under subsection (a).

``(2) The combined entitlement under paragraph (1) may be fulfilled from selections under subsection (a) or (b) without regard to the entitlement specified in the selection application.

``(3) All selections under a combined entitlement under paragraph (1) shall be adjudicated and conveyed in compliance with this Act.

``(4) Except in a case in which a survey has been contracted for before the date of enactment of this subsection, the combination of entitlements under paragraph

(1) shall not require separate patents or surveys, to distinguish between conveyances made to a Village Corporation under subsections (a) and (b).''.

SEC. 203. AUTHORITY TO CONVEY BY WHOLE SECTION.

Section 14(d) of the Alaska Native Claims Settlement Act

(43 U.S.C. 1613(d)) is amended--

(1) by striking ``(d) the Secretary'' and inserting the following:

``(d)(1) The Secretary''; and

(2) by adding at the end the following:

``(2) For purposes of applying the rule of approximation under this section, the largest legal subdivision that may be conveyed in excess of the applicable acreage limitation specified in subsection (a) shall be--

``(A) in the case of land managed by the Bureau of Land Management that is not within a conservation system unit, the next whole section;

``(B) in the case of land managed by an agency other than the Bureau of Land Management that is not within a conservation system unit, the next quarter-section and only with concurrence of the agency; or

``(C) in the case of land within a conservation system unit, a quarter of a quarter section, and if the land is managed by an agency other than the Bureau of Land Management, only with the concurrence of that agency.

``(3)(A) If the Secretary determines pursuant to paragraph

(2) that an entitlement of a Village Corporation (other than a Village Corporation listed in section 16(a)) or a Regional Corporation may be fulfilled by conveying a specific tract of surveyed or unsurveyed land, the Secretary and the affected Village or Regional Corporation may enter into an agreement providing that all land entitlements under this Act shall be deemed satisfied by conveyance of the specifically identified and agreed upon tract of land.

``(B) An agreement entered into under subparagraph (A) shall be--

``(i) in writing;

``(ii) executed by the Secretary and the Village or Regional Corporation; and

``(iii) authorized by a corporate resolution adopted by the affected Village or Regional Corporation.

``(C) After execution of an agreement under subparagraph

(A) and conveyance of the agreed upon tract to the affected Village or Regional Corporation--

``(i) the Secretary shall not make any further adjustments to calculations relating to acreage entitlements of the Village or Regional Corporation; and

``(ii) the Village or Regional Corporation shall not be entitled to any further conveyances under this Act.

``(D) A Village or Regional Corporation shall not be eligible to receive land under subparagraph (A) if the Village or Regional Corporation has received the full land entitlement of the Village or Regional Corporation through--

``(i) an actual conveyance of land; or

``(ii) a previous agreement.

``(E) If the calculations of the Secretary indicate that the final survey boundaries for any Village or Regional Corporation entitlement for which an agreement has not been entered into under this paragraph include acreage in a quantity that exceeds the statutory entitlement of the corporation by \1/10\ of 1 percent or less, but not more than the applicable acreage limitation specified in paragraph

(2)--

``(i) the entitlement shall be considered satisfied by the conveyance of the surveyed area; and

``(ii) the Secretary shall not change the survey for the sole purpose of an acreage adjustment.

``(F) This paragraph does not limit or otherwise affect the ability of a Village or Regional Corporation to enter into land exchanges with the United States.''.

SEC. 204. CONVEYANCE OF CEMETERY SITES AND HISTORICAL PLACES.

Section 14(h)(1) of the Alaska Native Claims Settlement Act

(43 U.S.C. 1613(h)(1)) is amended--

(1) by striking ``(1) The Secretary'' and inserting the following:

``(1)(A) The Secretary'';

(2) by striking ``Only title'' and inserting the following:

``(B) Only title''; and

(3) by adding at the end the following:

``(C)(i) Notwithstanding acreage allocations made before the date of enactment of this subparagraph, the Secretary may convey any cemetery site or historical place--

``(I) with respect to which there is an application on record with the Secretary on the date of enactment of this paragraph; and

``(II) that is eligible for conveyance.

``(ii) Clause (i) shall also apply to any of the 188 closed applications that are determined to be eligible and reinstated under Secretarial Order No. 3220 dated January 5, 2001.

``(D) No applications submitted for the conveyance of land under subparagraph (A) that were closed before the date of enactment of this paragraph may be reinstated other than those specified in subparagraph (C)(ii).

``(E) After the date of enactment of this paragraph--

``(i) no application may be filed for the conveyance of land under subparagraph (A); and

``(ii) no pending application may be amended, except as necessary to conform the application to the description in the certification of eligibility of the Bureau of Indian Affairs.

``(F) Unless, not later than 1 year after the date of enactment of this paragraph, a Regional Corporation that has filed an application for a historic place submits to the Secretary a statement on the significance of and the location of the historic place--

``(i) the application shall not be valid; and

``(ii) the Secretary shall reject the application.

``(G) The State and the head of the Federal agency with administrative jurisdiction over the land shall have 30 days to provide written comments to the Secretary--

``(i) identifying any third party interest to which a conveyance under subparagraph (A) should be made subject; and

``(ii) describing any easements recommended for reservation.''.

SEC. 205. ALLOCATIONS BASED ON POPULATION.

Section 14(h)(8) of the Alaska Native Claims Settlement Act

(43 U.S.C. 1613(h)(8)) is amended by adding at the end the following:

``(C)(i) Notwithstanding any other provision of this subsection, as soon as practicable after enactment of this subparagraph, the Secretary shall allocate to a Regional Corporation eligible for an allocation under subparagraph (A) the Regional Corporation's share of 200,000 acres from lands withdrawn under this subsection, to be credited against acreage to be allocated to the Regional Corporation under subparagraph (A).

``(ii) Clause (i) shall apply to Chugach Alaska Corporation pursuant to the terms of the 1982 CNI Settlement Agreement.

``(iii) With respect to Cook Inlet Region, Inc., or Koniag, Inc.--

``(I) clause (i) shall not apply; and

``(II) the portion of the 200,000 acres allocated to Cook Inlet Region Inc. or Koniag, Inc., shall be retained by the United States.

``(iv) This subparagraph shall not affect any prior agreement entered into by a Regional Corporation other than the agreements specifically referred to in this subparagraph.''.

SEC. 206. AUTHORITY TO WITHDRAW LAND.

Section 14(h)(10) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(10)) is amended--

(1) by striking ``(10) Notwithstanding'' and inserting the following:

``(10)(A) Notwithstanding''; and

(2) by adding at the end the following:

``(B) If a Regional Corporation does not have enough valid selections on file to fulfill the remaining entitlement of the Regional Corporation under paragraph (8), the Secretary may use the withdrawal authority under subparagraph (A) to withdraw land that is vacant, unappropriated, and unreserved on the date of enactment of this subparagraph for selection by, and conveyance to, the Regional Corporation to fulfill the entitlement.''.

SEC. 207. REPORT ON WITHDRAWALS.

Not later than 18 months after the date of enactment of this Act, the Secretary shall--

(1) review the withdrawals made pursuant to section 17(d)(1) of the Alaska Native Claims Settlement Act (43 U.S.C. 1616(d)(1)) to determine if any portion of the lands withdrawn pursuant to that provision can be opened to appropriation under the public land laws or if their withdrawal is still needed to protect the public interest in those lands;

(2) provide an opportunity for public notice and comment, including recommendations with regard to lands to be reviewed under paragraph (1); and

(3) submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives a report that identifies any portion of the lands so withdrawn that can be opened to appropriation under the public land laws consistent with the protection of the public interest in these lands.

SEC. 208. AUTOMATIC SEGREGATION OF LAND FOR UNDERSELECTED

VILLAGE CORPORATIONS.

Section 22(j) of the Alaska Native Claims Settlement Act

(43 U.S.C. 1621(j)) is amended by adding at the end the following:

``(3) In lieu of withdrawal under paragraph (2), land may be segregated from all other forms of appropriation for the purposes described in that paragraph if--

``(A) the Secretary and the Village Corporation enter into an agreement identifying the land for selection; and

``(B) the Village Corporation files an application for selection of the land.''.

SEC. 209. SETTLEMENT OF REMAINING ENTITLEMENT.

(a) In General.--The Secretary may enter into a binding written agreement with a Native Corporation relating to--

(1) the land remaining to be conveyed to the Native Corporation under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) from land selected as of September 1, 2004, or land made available under section 201, 206, or 208 of this Act;

(2) the priority in which the land is to be conveyed;

(3) the relinquishment of selections which are not to be conveyed;

(4) the selection entitlement to which selections are to be charged, regardless of the entitlement under which originally selected;

(5) the survey of the exterior boundaries of the land to be conveyed;

(6) the additional survey to be performed under section 14(c) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(c)); and

(7) the resolution of conflicts with Native allotment applications.

(b) Requirements.--An agreement under subsection (a)--

(1) shall be authorized by a resolution of the Native Corporation entering into the agreement; and

(2) shall include a statement that the entitlement of the Native Corporation shall be considered complete on execution of the agreement.

(c) Correction of Conveyance Documents.--In an agreement under subsection (a), the Secretary and the Native Corporation may agree to make technical corrections to the legal description in the conveyance documents for easements previously reserved so that the easements provide the access intended by the original reservation.

(d) Consultation.--Before entering into an agreement under subsection (a), the Secretary shall ensure that the concerns or issues identified by the State and all Federal agencies potentially affected by the agreement are given consideration.

(e) Errors.--Any Native Corporation entering into an agreement under subsection (a) shall receive any gain or bear any loss resulting from errors in prior surveys, protraction diagrams, or computation of the ownership of third parties on any land conveyed.

(f) Effect.--

(1) In general.--An agreement under subsection (a) shall not--

(A) affect the obligations of Native Corporations under prior agreements; or

(B) result in a Native Corporation relinquishing valid selections of land in order to qualify for the withdrawal of other tracts of land.

(2) Effect on subsurface rights.--The terms of an agreement entered into under subsection (a) shall be binding on a Regional Corporation with respect to the location and quantity of subsurface rights of the Regional Corporation under section 14(f) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(f)).

(3) Effect on entitlement.--Nothing in this section increases the entitlement provided to any Native Corporation under--

(A) the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.); or

(B) the Alaska National Interest Lands Conservation Act (16 U.S.C. 3101 et seq.).

(g) Boundaries of a Native Village.--An agreement entered into under subsection (a) may not define the boundaries of a Native Village.

(h) Availability of Agreements.--An agreement entered into under subsection (a) shall be available for public inspection in the appropriate offices of the Department of the Interior.

TITLE III--NATIVE ALLOTMENTS

SEC. 301. CORRECTION OF CONVEYANCE DOCUMENTS.

Section 18 of the Alaska Native Claims Settlement Act (43 U.S.C. 1617) is amended by adding at the end the following:

``(d)(1) If an allotment application is valid or would have been approved under section 905 of the Alaska National Interests Lands Conservation Act (43 U.S.C. 1634) had the land described in the application been in Federal ownership on December 2, 1980, the Secretary may correct a conveyance to a Native Corporation or to the State that includes land described in the allotment application to exclude the described allotment land with the written concurrence of the Native Corporation or the State.

``(2) A written concurrence shall--

``(A) include a finding that the land description proposed by the Secretary is acceptable; and

``(B) attest that the Native Corporation or the State has not--

``(i) granted any third party rights or taken any other action that would affect the ability of the United States to convey full title under the Act of May 17, 1906 (34 Stat. 197, chapter 2469); and;

``(ii) stored or allowed the deposit of hazardous waste on the land.

``(3) On receipt of an acceptable written concurrence, the Secretary, shall--

``(A) issue a corrected conveyance document to the State or Native Corporation, as appropriate; and

``(B) issue a certificate of allotment to the allotment applicant.

``(4) No documents of reconveyance from the State or an Alaska Native Corporation or evidence of title, other than the written concurrence and attestation described in paragraph (2), are necessary to use the procedures authorized by this subsection.''.

SEC. 302. TITLE RECOVERY OF NATIVE ALLOTMENTS.

(a) In General.--In lieu of the process for the correction of conveyance documents available under subsection (d) of section 18 of the Alaska Native Claims Settlement Act (as added by section 301), any Native Corporation may elect to reconvey all of the land encompassed by an allotment claim or a portion of the allotment claim agreeable to the applicant in satisfaction of the entire claim by tendering a valid and appropriate deed to the United States.

(b) Certificate of Allotment.--If the United States determines that the allotment application is valid or would have been approved under section 905 of the Alaska National Interests Lands Conservation Act (42 U.S.C. 1634) had the land described in the allotment application been in Federal ownership on December 2, 1980, and obtains title evidence acceptable under the Department of Justice title standards, the United States shall accept the deed from the Native Corporation and issue a certificate of allotment to the allotment applicant.

(c) Probate Not Required.--If the Native Corporation reconveys the entire interest of the Native Corporation in the allotment claim of a deceased applicant, the United States may accept the deed and issue the certificate of allotment without waiting for a determination of heirs or the approval of a will.

(d) No Liability.--The United States shall not be subject to liability under Federal or State law for the presence of any hazardous substance in land or an interest in land solely as a result of any reconveyance to, and transfer by, the United States of land or interests in land under this section.

SEC. 303. NATIVE ALLOTMENT REVISIONS ON LAND SELECTED BY OR

CONVEYED TO A NATIVE CORPORATION.

Section 18 of the Alaska Native Claims Settlement Act (43 U.S.C. 1617) (as amended by section 301) is amended by adding at the end the following:

``(e)(1) An allotment applicant who had an application pending before the Department of the Interior on December 18, 1971, and whose application is still open on the records of the Department of the Interior as of the date of enactment of this subsection may revise the land description in the application to describe land other than the land that the applicant originally intended to claim if--

``(A) the application--

``(i) describes land selected by or conveyed by interim conveyance or patent to a Native Corporation formed to receive benefits under this Act; or

``(ii) otherwise conflicts with an interest in land granted to a Native Corporation by the United States;

``(B) the revised land description describes land selected by or conveyed by interim conveyance or patent to a Native Corporation of approximately equal acreage in substitution for the land described in the original application;

``(C) the Director of the Bureau of Land Management has not adopted a final plan of survey for the final entitlement of the Native Corporation or its successor in interest; and

``(D) the Native Corporation that selected the land or its successor in interest provides a corporate resolution authorizing reconveyance or relinquishment to the United States of the land, or interest in land, described in the revised application.

``(2) The land description in an allotment application may not be revised under this section unless the Secretary has determined--

``(A) that the allotment application is valid or would have been approved under section 905 of the Alaska National Interest Lands Conservation Act (43 U.S.C. 1634) had the land in the allotment application been in Federal ownership on December 2, 1980;

``(B) in consultation with the administering agency, that the proposed revision would not create an isolated inholding within a conservation system unit (as defined in section 102 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3102)); and

``(C) that the proposed revision will facilitate completion of a land transfer in the State.

``(3)(A) On obtaining title evidence acceptable under Department of Justice title standards and acceptance of a reconveyance or relinquishment from a Native Corporation under paragraph (1), the Secretary shall issue a Native allotment certificate to the applicant for the land reconveyed or relinquished by the Native Corporation.

``(B) Any allotment revised under this section shall, when allotted, be made subject to any easement, trail, right-of-way, or any third-party interest (other than a fee interest) in existence on the revised allotment land on the date of revision.''.

SEC. 304. COMPENSATORY ACREAGE.

(a) In General.--The Secretary shall adjust the acreage entitlement computation records for the State or an affected Native Corporation to account for any difference in the amount of acreage between the corrected description and the previous description in any conveyance document as a result of actions taken under section 18(d) of the Alaska Native Claims Settlement Act (as added by section 301) or section 18(e) of the Alaska Native Claims Settlement Act (as added by section 303), or for other voluntary reconveyances to the United States for the purpose of facilitating land transfers in the State.

(b) Limitation.--No adjustment to the acreage conveyance computations shall be made where the State or an affected Native Corporation retains a partial estate in the described allotment land.

(c) Availability of Additional Land.--If, as a result of implementation under section 18(d) of the Alaska Native Claims Settlement Act (as added by section 301) or any voluntary reconveyance to facilitate a land transfer, a Village Corporation has insufficient remaining selections from which to receive its full entitlement under the Alaska Native Claims Settlement Act, the Secretary may use the authority and procedures available under paragraph (3) of section 22(j) of the Alaska Native Claims Settlement Act (43 U.S.C. 1621(j))

(as added by section 208) to make additional land available for selection by the Village Corporation.

SEC. 305. REINSTATEMENTS AND RECONSTRUCTIONS.

Section 18 of the Alaska Native Claims Settlement Act (43 U.S.C. 1617) (as amended by section 303) is amended by adding at the end the following:

``(f)(1) If an applicant for a Native allotment filed under the Act of May 17, 1906 (34 Stat. 197, chapter 2469) petitions the Secretary to reinstate a previously closed Native allotment application or to accept a reconstructed copy of an application claimed to have been timely filed with an agency of the Department of the Interior, the United States--

``(A) may seek voluntary reconveyance of any land described in the application that is reinstated or reconstructed after the date of enactment of this subsection; but

``(B) shall not file an action in any court to recover title from a current landowner.

``(2) A certificate of allotment that is issued for any allotment application for which a request for reinstatement or reconstruction is received or accepted after the date of enactment of this subsection shall be made subject to any Federal appropriation, trail, right-of-way, easement, or existing third party interest of record, including third party interests created by the State, without regard to the date on which the Native allotment applicant initiated use and occupancy.''.

SEC. 306. AMENDMENTS TO SECTION 41 OF THE ALASKA NATIVE

CLAIMS SETTLEMENT ACT.

Section 41(b) of the Alaska Native Claims Settlement Act

(43 U.S.C. 1629g(b)) is amended--

(1) in paragraph (1)(A), by inserting before the semicolon at the end the following: ``(except that the term

`nonmineral', as used in that Act, shall for the purpose of this subsection be defined as provided in section 905(a)(3) of the Alaska National Interest Lands Conservation Act (42 U.S.C. 1634(a)(3)), except that such definition shall not apply to land within a conservation system unit)''; and

(2) in paragraph (2)--

(A) by redesignating subparagraphs (A), (B), and (C) as clauses (i), (ii), and (iii), respectively, and indenting the clauses appropriately;

(B) by inserting ``(A)'' after ``(2)'';

(C) in clause (ii) (as redesignated by subparagraph (A)), by inserting after ``Department of Veterans Affairs'' the following: ``or based on other evidence acceptable to the Secretary''; and

(D) by adding at the end the following:

``(B)(i) If the Secretary requests that the Secretary of Veterans Affairs make a determination whether a veteran died as a direct consequence of a wound received in action, the Secretary of Veterans Affairs shall, within 60 days of receipt of the request--

``(I) provide a determination to the Secretary if the records of the Department of Veterans Affairs contain sufficient information to support such a determination; or

``(II) notify the Secretary that the records of the Department of Veterans Affairs do not contain sufficient information to support a determination and that further investigation will be necessary.

``(ii) Not later than 1 year after notification to the Secretary that further investigation is necessary, the Department of Veterans Affairs shall complete the investigation and provide a determination to the Secretary.''.

TITLE IV--FINAL PRIORITIES; CONVEYANCE AND SURVEY PLANS

SEC. 401. DEADLINE FOR ESTABLISHMENT OF REGIONAL PLANS.

(a) In General.--Not later than 18 months after the date of enactment of this Act, the Secretary, in coordination and consultation with Native Corporations, other Federal land management agencies, and the State, shall update and revise the 12 preliminary Regional Conveyance and Survey Plans.

(b) Inclusions.--The updated and revised plans under subsection (a) shall identify any conflicts to be resolved and recommend any actions that should be taken to facilitate the finalization of land conveyances in a region by 2009.

SEC. 402. DEADLINE FOR ESTABLISHMENT OF VILLAGE PLANS.

Not later than 30 months after the date of enactment of this Act, the Secretary, in coordination with affected Federal land management agencies, the State, and Village Corporations, shall complete a final closure plan with respect to the entitlements for each Village Corporation under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.).

SEC. 403. FINAL PRIORITIZATION OF ANCSA SELECTIONS.

(a) In General.--Any Native Corporation that has not received its full entitlement or entered into a voluntary, negotiated settlement of final entitlement shall submit the final, irrevocable priorities of the Native Corporation--

(1) in the case of a Village, Group, or Urban Corporation entitlement, not later than 36 months after the date of enactment of this Act; and

(2) in the case of a Regional Corporation entitlement, not later than 42 months after the date of enactment of this Act.

(b) Acreage Limitations.--The priorities submitted under subsection (a) shall not exceed land that is the greater of--

(1) not more than 125 percent of the remaining entitlement; or

(2) not more than 640 acres in excess of the remaining entitlement.

(1) In general.--Except as provided in paragraph (2), the priorities submitted under subsection (a) may not be revoked, rescinded, or modified by the Native Corporation.

(2) Technical corrections.--Not later than 90 days after the date of receipt of a notification by the Secretary that there appears to be a technical error in the priorities, the Native Corporation may correct the technical error in accordance with any recommendations of, and in a manner prescribed by or acceptable to, the Secretary.

(d) Relinquishment.--

(1) In general.--As of the date on which the Native Corporation submits its final priorities under subsection

(a)--

(A) any unprioritized, remaining selections of the Native Corporation--

(i) are relinquished, but any part of the selections may be reinstated for the purpose of correcting a technical error; and

(ii) have no further segregative effect; and

(B) all withdrawals under sections 11 and 16 of the Alaska Native Claims Settlement Act (43 U.S.C. 1610, 1615) under the relinquished selections are terminated.

(2) Records.--All relinquishments under paragraph (1) shall be included in Bureau of Land Management land records.

(e) Failure To Submit Priorities.--If a Native Corporation fails to submit priorities by the deadline specified in subsection (a)--

(1) with respect to a Native Corporation that has priorities on file with the Secretary, the Secretary--

(A) shall convey to the Native Corporation the remaining entitlement of the Native Corporation, as determined based on the most recent priorities of the Native Corporation on file with the Secretary and in accordance with the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.); and

(B) may reject any selections not needed to fulfill the entitlement; or

(2) with respect to a Native Corporation that does not have priorities on file with the Secretary, the Secretary shall satisfy the entitlement by conveying land selected by the Secretary, in consultation with the appropriate Native Corporation, the Federal land managing agency with administrative jurisdiction over the land to be conveyed, and the State, that, to the maximum extent practicable, is--

(A) compact;

(B) contiguous to land previously conveyed to the Native Corporation; and

(f) Plan of Conveyance.--

(1) In general.--The Secretary shall--

(A) identify any Native Corporation that does not have sufficient priorities on file;

(B) develop priorities for the Native Corporation in accordance with subsection (e); and

(2) Finalized selections.--Not later than 180 days after the date on which the Secretary provides a plan of conveyance to the affected Village, Group, or Urban Corporation and the Regional Corporation, the Regional Corporation shall finalize any Regional selections that are in conflict with land selected by the Village, Group, or Urban Corporation that has not been prioritized by the deadline under subsection (a)(1).

(g) Dissolved or Lapsed Corporations.--

(1)(A) If a Native Corporation is lapsed or dissolved at the time final priorities are required to be filed under this section and does not have priorities on file with the Secretary, the Secretary shall establish a deadline for the filing of priorities that shall be one year from the provisions of notice of the deadline.

(B) To fulfill the notice requirement under paragraph (1), the Secretary shall--

(i) publish notice of the deadline to a lapsed or dissolved Native Corporation in a newspaper of general circulation nearest the locality where the affected land is located; and

(ii) seek to notify in writing the last known shareholders of the lapsed or dissolved corporation.

(C) If a Native Corporation does not file priorities with the Secretary before the deadline set pursuant to subparagraph (A), the Secretary shall notify Congress.

(2) If a Native Corporation with final priorities on file with the Bureau of Land Management is lapsed or dissolved, the United States--

(A) shall continue to administer the prioritized selected land under applicable law; but

(B) may reject any selections not needed to fulfill the lapsed or dissolved Native Corporation's entitlement.

SEC. 404. FINAL PRIORITIZATION OF STATE SELECTIONS.

(a) Filing of Final Priorities.--

(1) In general.--The State shall, not later than the date that is 4 years after the date of enactment of this Act, in accordance with section 906(f)(1) of the Alaska National Interest Lands Conservation Act (43 U.S.C. 1635(f)(1)), file final priorities with the Secretary for all land grant entitlements to the State which remain unsatisfied on the date of the filing.

(2) Ranking.--All selection applications on file with the Secretary on the date specified in paragraph (1) shall--

(A) be ranked on a Statewide basis in order of priority; and

(B) include an estimate of the acreage included in each selection.

(3) Inclusions.--The State shall include in the prioritized list land which has been top-filed under section 906(e) of the Alaska National Interest Lands Conservation Act (43 U.S.C. 1635(e)).

(4) Acreage limitation.--

(A) In general.--Acreage for top-filings shall not be counted against the 125 percent limitation established under section 906(f)(1) of the Alaska National Interest Lands Conservation Act (43 U.S.C. 1635(f)(1)).

(B) Relinquishment.--

(i) In general.--The State shall relinquish any selections that exceed the 125 percent limitation.

(ii) Failure to relinquish.--If the State fails to relinquish a selection under clause (i), the Secretary shall reject the selection.

(5) Lower-priority selections.--Notwithstanding the prioritization of selection applications under paragraph (1), if the Secretary reserves sufficient entitlements for the top-filed selections, the Secretary may continue to convey lower-priority selections.

(b) Deadline for Prioritization.--

(1) In general.--The State shall irrevocably prioritize sufficient selections to allow the Secretary to complete transfer of 101,000,000 acres by September 30, 2009.

(2) Reprioritization.--Any selections remaining after September 30, 2009, may be reprioritized.

(c) Financial Assistance.--The Secretary may, using amounts made available to carry out this Act, provide financial assistance to other Federal agencies, the State, and Native Corporations and entities to assist in completing the transfer of land by September 30, 2009.

TITLE V--ALASKA LAND CLAIMS HEARINGS AND APPEALS

SEC. 501. ALASKA LAND CLAIMS HEARINGS AND APPEALS.

(a) Establishment.--The Secretary may establish a field office of the Office of Hearings and Appeals in the State to decide matters within the jurisdiction of the Department of the Interior involving hearings and appeals, and other review functions of the Secretary regarding land transfer decisions and Indian probates in the State.

(b) Appointments.--For purposes of carrying out subsection

(a), the Secretary shall appoint administrative law judges selected in accordance with section 3105 of title 5, United States Code, and members of the Interior Board of Land Appeals.

TITLE VI--REPORT AND AUTHORIZATION OF APPROPRIATIONS

SEC. 601. REPORT.

(a) In General.--Not later than 3 years after the date of enactment of this Act, the Secretary shall submit to Congress a report on the status of the implementation of this Act.

(b) Contents.--The report shall--

(1) describe the status of conveyances to Alaska Natives, Native Corporations, and the State; and

(2) include recommendations for completing the conveyances required by this Act.

SEC. 602. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as are necessary to carry out the purposes of this Act.

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SA 4057. Mr. FRIST (for Mr. Bingaman) proposed an amendment to the bill S. 2656, to establish a National Commission on the Quincentennial of the discovery of Florida by Ponce de Leon; as follows:

Strike all after the enacting clause and insert the following:

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Ponce de Leon Discovery of Florida Quincentennial Commission Act''.

SEC. 2. DEFINITIONS.

In this Act:

(1) Commission.--The term ``Commission'' means the National Commission on the Quincentennial of the discovery of Florida by Ponce de Leon established under section 3(a).

(2) Governor.--The term ``Governor'' means the Governor of the State of Florida.

(3) Quincentennial.--The term ``Quincentennial'' means the 500th anniversary of the discovery of Florida by Ponce de Leon.

SEC. 3. ESTABLISHMENT OF COMMISSION.

(a) Establishment.--There is established a commission to be known as the ``National Commission on the Quincentennial of the discovery of Florida by Ponce de Leon''.

(b) Duties.--The Commission shall plan, encourage, coordinate, and conduct the commemoration of the Quincentennial.

(1) Composition.--The Commission shall be composed of 10 members, including--

(A) 2 members, to be appointed by the President, on the recommendation of the Majority Leader and the Minority Leader of the Senate;

(B) 2 members, to be appointed by the President, on the recommendation of the Speaker of the House of Representatives and the Minority Leader of the House of Representatives; and

(C) 4 members, to be appointed by the President, taking into consideration the recommendations of the Governor, the Director of the National Park Service, and the Secretary of the Smithsonian Institution.

(2) Criteria.--A member of the Commission shall be chosen from among individuals that have demonstrated a strong sense of public service, expertise in the appropriate professions, scholarship, and abilities likely to contribute to the fulfillment of the duties of the Commission.

(3) Date of appointments.--Not later than 60 days after the date of enactment of this Act, the members of the Commission described in paragraph (1) shall be appointed.

(d) Term; Vacancies.--

(1) Term.--A member shall be appointed for the life of the Commission.

(2) Vacancy.--A vacancy on the Commission--

(A) shall not affect the powers of the Commission; and

(B) shall be filled in the same manner as the original appointment was made.

(e) Initial Meeting.--Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold the initial meeting of the Commission.

(f) Meetings.--The Commission shall meet annually at the call of the co-chairpersons described under subsection (h).

(g) Quorum.--A quorum of the Commission for decision making purposes shall be 5 members, except that a lesser number of members, as determined by the Commission, may conduct meetings.

(h) Co-chairpersons.--The President shall designate 2 of the members of the Commission as co-chairpersons of the Commission.

SEC. 4. DUTIES.

(a) In General.--The Commission shall--

(1) plan and develop activities appropriate to commemorate the Quincentennial including a limited number of proposed projects to be undertaken by the appropriate Federal departments and agencies that commemorate the Quincentennial by seeking to harmonize and balance the important goals of ceremony and celebration with the equally important goals of scholarship and education;

(2) consult with and encourage appropriate Federal departments and agencies, State and local governments, Indian tribal governments, elementary and secondary schools, colleges and universities, foreign governments, and private organizations to organize and participate in Quincentennial activities commemorating or examining--

(A) the history of Florida;

(B) the discovery of Florida;

(D) the myths surrounding Ponce de Leon's search for gold and for the ``fountain of youth'';

(E) the exploration of Florida; and

(F) the beginnings of the colonization of North America; and

(3) coordinate activities throughout the United States and internationally that relate to the history and influence of the discovery of Florida.

(b) Reports.--

(1) In general.--Not later than 1 year after the date of enactment of this Act, the Commission shall submit to the President and the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives a comprehensive report that includes specific recommendations for--

(A) the allocation of financial and administrative responsibility among participating entities and persons with respect to commemoration of the Quincentennial; and

(B) the commemoration of the Quincentennial and related events through programs and activities, including--

(i) the production, publication, and distribution of books, pamphlets, films, electronic publications, and other educational materials focusing on the history and impact of the discovery of Florida on the United States and the world;

(ii) bibliographical and documentary projects, publications, and electronic resources;

(iii) conferences, convocations, lectures, seminars, and other programs;

(iv) the development of programs by and for libraries, museums, parks and historic sites, including international and national traveling exhibitions;

(v) ceremonies and celebrations commemorating specific events;

(vi) the production, distribution, and performance of artistic works, and of programs and activities, focusing on the national and international significance of the discovery of Florida; and

(vii) the issuance of commemorative coins, medals, certificates of recognition, and stamps.

(2) Annual report.--The Commission shall submit an annual report that describes the activities, programs, expenditures, and donations of or received by the Commission to--

(A) the President; and

(B) the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives.

(3) Final report.--Not later than December 31, 2013, the Commission shall submit a final report that describes the activities, programs, expenditures, and donations of or received by the Commission to--

(A) the President; and

(B) the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives.

(c) Assistance.--In carrying out this Act, the Commission shall consult, cooperate with, and seek advice and assistance from appropriate Federal departments and agencies, including the Department of the Interior.

(d) Coordination of Activities.--In carrying out the duties of the Commission, the Commission, in consultation with the Secretary of State, may coordinate with the Government of Spain and political subdivisions in Spain for the purposes of exchanging information and research and otherwise involving the Government of Spain, as appropriate, in the commemoration of the Quincentennial.

SEC. 5. POWERS OF THE COMMISSION.

(a) In General.--The Commission may provide for--

(1) the preparation, distribution, dissemination, exhibition, and sale of historical, commemorative, and informational materials and objects that will contribute to public awareness of, and interest in, the Quincentennial, except that any commemorative coin, medal, or postage stamp recommended to be issued by the United States shall be sold only by a Federal department or agency;

(2) competitions and awards for historical, scholarly, artistic, literary, musical, and other works, programs, and projects relating to the Quincentennial;

(3) a Quincentennial calendar or register of programs and projects;

(4) a central clearinghouse for information and coordination regarding dates, events, places, documents, artifacts, and personalities of Quincentennial historical and commemorative significance; and

(5) the design and designation of logos, symbols, or marks for use in connection with the commemoration of the Quincentennial and shall establish procedures regarding their use.

(b) Advisory Committee.--The Commission may appoint such advisory committees as the Commission determines necessary to carry out the purposes of this Act.

SEC. 6. ADMINISTRATION.

(a) Location of Office.--

(1) Principal office.--The principal office of the Commission shall be in St. Augustine, Florida.

(2) Satellite office.--The Commission may establish a satellite office in Washington, D.C.

(b) Staff.--

(1) Appointment of director and deputy director.--

(A) In general.--The co-chairpersons, with the advice of the Commission, may appoint and terminate a director and deputy director without regard to the civil service laws

(including regulations).

(B) Delegation to director.--The Commission may delegate such powers and duties to the director as may be necessary for the efficient operation and management of the Commission.

(2) Staff paid from federal funds.--The Commission may use any available Federal funds to appoint and fix the compensation of not more than 4 additional personnel staff members, as the Commission determines necessary.

(3) Staff paid from non-federal funds.--The Commission may use any available non-Federal funds to appoint and fix the compensation of additional personnel.

(4) Compensation.--

(A) Members.--

(i) In general.--A member of the Commission shall serve without compensation.

(ii) Travel expenses.--A member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Commission.

(B) Staff.--

(i) In general.--The co-chairpersons of the Commission may fix the compensation of the director, deputy director, and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates.

(ii) Maximum rate of pay.--

(I) Director.--The rate of pay for the director shall not exceed the rate payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code.

(II) Deputy director.--The rate of pay for the deputy director shall not exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code.

(III) Staff members.--The rate of pay for staff members appointed under paragraph (2) shall not exceed the rate payable for grade GS-15 of the General Schedule under section 5332 of title 5, United States Code.

(1) In general.--On request of the Commission, the head of any Federal agency or department may detail any of the personnel of the agency or department to the Commission to assist the Commission in carrying out this Act.

(2) Reimbursement.--A detail of personnel under this subsection shall be without reimbursement by the Commission to the agency from which the employee was detailed.

(3) Civil service status.--The detail of the employee shall be without interruption or loss of civil service status or privilege.

(d) Other Revenues and Expenditures.--

(1) In general.--The Commission may procure supplies, services, and property, enter into contracts, and expend funds appropriated, donated, or received to carry out contracts.

(2) Donations.--

(A) In general.--The Commission may solicit, accept, use, and dispose of donations of money, property, or personal services.

(B) Limitations.--Subject to subparagraph (C), the Commission shall not accept donations--

(i) the value of which exceeds $50,000 annually, in the case of donations from an individual; or

(ii) the value of which exceeds $250,000 annually, in the case of donations from a person other than an individual.

(C) Nonprofit organization.--The limitations in subparagraph (B) shall not apply in the case of an organization that is--

(i) described in section 501(c)(3) of the Internal Revenue Code of 1986; and

(ii) exempt from taxation under section 501(a) of the Internal Revenue Code of 1986.

(3) Acquired items.--Any book, manuscript, miscellaneous printed matter, memorabilia, relic, and other material or property relating to the time period of the discovery of Florida acquired by the Commission may be deposited for preservation in national, State, or local libraries, museums, archives, or other agencies with the consent of the depositary institution.

(e) Postal Services.--The Commission may use the United States mail to carry out this Act in the same manner and under the same conditions as other agencies of the Federal Government.

(f) Voluntary Services.--Notwithstanding section 1342 of title 31, United States Code, the Commission may accept and use voluntary and uncompensated services as the Commission determines to be necessary.

SEC. 7. STUDY.

The Secretary of the Interior shall--

(1) in accordance with section 8(c) of Public Law 91-383

(16 U.S.C. 1a-5(c)), conduct a study to assess the suitability and feasibility of designating an area in the State of Florida as a unit of the National Park System to commemorate the discovery of Florida by Ponce de Leon; and

(2) not later than 3 years after the date on which funds are made available to carry out the study, submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives a report that describes--

(A) the findings of the study; and

(B) any conclusions and recommendations of the Secretary of the Interior with respect to the study.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

(a) In General.--Subject to subsection (b), there is authorized to be appropriated to carry out the purposes of this Act $250,000 for each of fiscal years 2005 through 2013.

(b) Availability of Funds.--Amounts appropriated under this section for any fiscal year shall remain available until December 31, 2013.

SEC. 9. TERMINATION OF AUTHORITY.

The authority provided by this Act terminates effective December 31, 2013.

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SOURCE: Congressional Record Vol. 150, No. 129