GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR Sec. 101. Appropriations made in this title shall be available for expenditure or transfer (within each bureau or office), with the approval of the Secretary, for the emergency reconstruction, replacement, or repair of aircraft, buildings, utilities, or other facilities or equipment damaged or destroyed by fire, flood, storm, or other unavoidable causes: Provided, That no funds shall be made available under this authority until funds specifically made available to the Department of the Interior for emergencies shall have been exhausted: Provided further, That all funds used pursuant to this section are hereby designated by Congress to be “emergency requirements” pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, and must be replenished by a supplemental appropriation which must be requested as promptly as possible. Sec. 102. The Secretary may authorize the expenditure or transfer of any no year appropriation in this title, in addition to the amounts included in the budget programs of the several agencies, for the suppression or emergency prevention of wildland fires on or threatening lands under the jurisdiction of the Department of the Interior; for the emergency rehabilitation of burned-over lands under its jurisdiction; for emergency actions related to potential or actual earthquakes, floods, volcanoes, storms, or other unavoidable causes; for contingency planning subsequent to actual oil spills; for response and natural resource damage assessment activities related to actual oil spills; for the prevention, suppression, and control of actual or potential grasshopper and Mormon cricket outbreaks on lands under the jurisdiction of the Secretary, pursuant to the authority in section 1773(b) of Public Law 99–198 (99 Stat. 1658); for emergency reclamation projects under section 410 of Public Law 95–87; and shall transfer, from any no year funds available to the Office of Surface Mining Reclamation and Enforcement, such funds as may be necessary to permit assumption of regulatory authority in the event a primacy State is not carrying out the regulatory provisions of the Surface Mining Act: Provided, That appropriations made in this title for wildland fire operations shall be available for the payment of obligations incurred during the preceding fiscal year, and for reimbursement to other Federal agencies for destruction of vehicles, aircraft, or other equipment in connection with their use for wildland fire operations, such reimbursement to be credited to appropriations currently available at the time of receipt thereof: Provided further, That for wildland fire operations, no funds shall be made available under this authority until the Secretary determines that funds appropriated for “wildland fire operations” shall be exhausted within thirty days: Provided further, That all funds used pursuant to this section are hereby designated by Congress to be “emergency requirements” pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, and must be replenished by a supplemental appropriation which must be requested as promptly as possible: Provided further, That such replenishment funds shall be used to reimburse, on a pro rata basis, accounts from which emergency funds were transferred. Sec. 103. Appropriations made in this title shall be available for operation of warehouses, garages, shops, and similar facilities, wherever consolidation of activities will contribute to efficiency or 114 STAT. 942economy, and said appropriations shall be reimbursed for services rendered to any other activity in the same manner as authorized by sections 1535 and 1536 of title 31, United States Code; Provided, That reimbursements for costs and supplies, materials, equipment, and for services rendered may be credited to the appropriation current at the time such reimbursements are received. Sec. 104. Appropriations made to the Department of the Interior in this title shall be available for services as authorized by 5 U.S.C. 3109, when authorized by the Secretary, in total amount not to exceed $500,000; hire, maintenance, and operation of aircraft; hire of passenger motor vehicles; purchase of reprints; payment for telephone service in private residences in the field, when authorized under regulations approved by the Secretary; and the payment of dues, when authorized by the Secretary, for library membership in societies or associations which issue publications to members only or at a price to members lower than to subscribers who are not members. Sec. 105. Appropriations available to the Department of the Interior for salaries and expenses shall be available for uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901–5902 and D.C. Code 4–204). Sec. 106. Annual appropriations made in this title shall be available for obligation in connection with contracts issued for services or rentals for periods not in excess of 12 months beginning at any time during the fiscal year. Sec. 107. No funds provided in this title may be expended by the Department of the Interior for the conduct of offshore leasing and related activities placed under restriction in the President’s moratorium statement of June 26, 1990, in the areas of northern, central, and southern California; the North Atlantic; Washington and Oregon; and the eastern Gulf of Mexico south of 26 degrees north latitude and east of 86 degrees west longitude. Sec. 108. No funds provided in this title may be expended by the Department of the Interior for the conduct of offshore oil and natural gas preleasing, leasing, and related activities, on lands within the North Aleutian Basin planning area. Sec. 109. No funds provided in this title may be expended by the Department of the Interior to conduct offshore oil and natural gas preleasing, leasing and related activities in the eastern Gulf of Mexico planning area for any lands located outside Sale 181, as identified in the final Outer Continental Shelf 5-Year Oil and Gas Leasing Program, 1997–2002. Sec. 110. No funds provided in this title may be expended by the Department of the Interior to conduct oil and natural gas preleasing, leasing and related activities in the Mid-Atlantic and South Atlantic planning areas. Sec. 111. Advance payments made under this title to Indian tribes, tribal organizations, and tribal consortia pursuant to the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.) or the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.) may be invested by the Indian tribe, tribal organization, or consortium before such funds are expended for the purposes of the grant, compact, or annual funding agreement so long as such funds are— (1) invested by the Indian tribe, tribal organization, or consortium only in obligations of the United States, or in obligations or securities that are guaranteed or insured by the United 114 STAT. 943States, or mutual (or other) funds registered with the Securities and Exchange Commission and which only invest in obligations of the United States or securities that are guaranteed or insured by the United States; or (2) deposited only into accounts that are insured by an agency or instrumentality of the United States, or are fully collateralized to ensure protection of the funds, even in the event of a bank failure. Sec. 112. Notwithstanding any other provisions of law, the National Park Service shall not develop or implement a reduced entrance fee program to accommodate non-local travel through a unit. The Secretary may provide for and regulate local non-recreational passage through units of the National Park System, allowing each unit to develop guidelines and permits for such activity appropriate to that unit. Sec. 113. Refunds or rebates received on an on-going basis from a credit card services provider under the Department of the Interior’s charge card programs, hereafter may be deposited to and retained without fiscal year limitation in the Departmental Working Capital Fund established under 43 U.S.C. 1467 and used to fund management initiatives of general benefit to the Department of the Interior’s bureaus and offices as determined by the Secretary or his designee. Sec. 114. Appropriations made in this Act under the headings Bureau of Indian Affairs and Office of Special Trustee for American Indians and any available unobligated balances from prior appropriations Acts made under the same headings, shall be available for expenditure or transfer for Indian trust management activities pursuant to the Trust Management Improvement Project High Level Implementation Plan. Sec. 115. Notwithstanding any provision of law, hereafter the Secretary of the Interior is authorized to negotiate and enter into agreements and leases, without regard to section 321 of chapter 314 of the Act of June 30, 1932 (40 U.S.C. 303b), with any person, firm, association, organization, corporation, or governmental entity for all or part of the property within Fort Baker administered by the Secretary as part of Golden Gate National Recreation Area. The proceeds of the agreements or leases shall be retained by the Secretary and such proceeds shall be available, without future appropriation, for the preservation, restoration, operation, maintenance and interpretation and related expenses incurred with respect to Fort Baker properties. Sec. 116. A grazing permit or lease that expires (or is transferred) during fiscal year 2001 shall be renewed under section 402 of the Federal Land Policy and Management Act of 1976, as amended (43 U.S.C. 1752) or if applicable, section 510 of the California Desert Protection Act (16 U.S.C. 410aaa–50). The terms and conditions contained in the expiring permit or lease shall continue in effect under the new permit or lease until such time as the Secretary of the Interior completes processing of such permit or lease in compliance with all applicable laws and regulations, at which time such permit or lease may be canceled, suspended or modified, in whole or in part, to meet the requirements of such applicable laws and regulations. Nothing in this section shall be deemed to alter the Secretary’s statutory authority. Sec. 117. Notwithstanding any other provision of law, for the purpose of reducing the backlog of Indian probate cases in the 114 STAT. 944Department of the Interior, the hearing requirements of chapter 10 of title 25, United States Code, are deemed satisfied by a proceeding conducted by an Indian probate judge, appointed by the Secretary without regard to the provisions of title 5, United States Code, governing the appointments in the competitive service, for such period of time as the Secretary determines necessary: Provided, That the basic pay of an Indian probate judge so appointed may be fixed by the Secretary without regard to the provisions of chapter 51, and subchapter III of chapter 53 of title 5, United States Code, governing the classification and pay of General Schedule employees, except that no such Indian probate judge may be paid at a level which exceeds the maximum rate payable for the highest grade of the General Schedule, including locality pay. Sec. 118. Notwithstanding any other provision of law, the Secretary of the Interior is authorized to redistribute any Tribal Priority Allocation funds, including tribal base funds, to alleviate tribal funding inequities by transferring funds to address identified, unmet needs, dual enrollment, overlapping service areas or inaccurate distribution methodologies. No tribe shall receive a reduction in Tribal Priority Allocation funds of more than 10 percent in fiscal year 2001. Under circumstances of dual enrollment, overlapping service areas or inaccurate distribution methodologies, the 10 percent limitation does not apply. Sec. 119. None of the funds in this Act may be used to establish a new National Wildlife Refuge in the Kankakee River basin that is inconsistent with the United States Army Corps of Engineers’ efforts to control flooding and siltation in that area. Written certification of consistency shall be submitted to the House and Senate Committees on Appropriations prior to refuge establishment. Sec. 120. The Great Marsh Trail at the Mason Neck National Wildlife Refuge in Virginia is hereby named for Joseph V. Gartlan, Jr. and shall hereafter be referred to in any law, document, or records of the United States as the “Joseph V. Gartlan, Jr. Great Marsh Trail”. Sec. 121. Funds appropriated for the Bureau of Indian Affairs for postsecondary schools for fiscal year 2001 shall be allocated among the schools proportionate to the unmet need of the schools as determined by the Postsecondary Funding Formula adopted by the Office of Indian Education Programs. Sec. 122. (a) Notwithstanding any other provision of law, with respect to amounts made available for tribal priority allocations in Alaska, such amounts shall only be provided to tribes the membership of which on June 1, 2000 is composed of at least 25 individuals who are Natives (as such term is defined in section 3(b) of the Alaska Native Claims Settlement Act) who reside in the area generally known as the village for such tribe. (b) Amounts that would have been made available for tribal priority allocations in Alaska but for the limitation contained in subsection (a) shall be provided to the respective Alaska Native regional nonprofit corporation (as listed in section 103(a)(2) of Public Law 104–193, 110 Stat. 2159) for the respective region in which a tribe subject to subsection (a) is located, notwithstanding any resolution authorized under federal law to the contrary. Sec. 123. (a) In this section— (1) the term “Huron Cemetery” means the lands that form the cemetery that is popularly known as the Huron Cemetery, 114 STAT. 945located in Kansas City, Kansas, as described in subsection (b)(3); and (2) the term “Secretary” means the Secretary of the Interior. (b)(1) The Secretary shall take such action as may be necessary to ensure that the lands comprising the Huron Cemetery (as described in paragraph (3)) are used only in accordance with this subsection. (2) The lands of the Huron Cemetery shall be used only— (A) for religious and cultural uses that are compatible with the use of the lands as a cemetery; and (B) as a burial ground. (3) The description of the lands of the Huron Cemetery is as follows: The tract of land in the NW quarter of sec. 10, T. 11 S., R. 25 E., of the sixth principal meridian, in Wyandotte County, Kansas (as surveyed and marked on the ground on August 15, 1888, by William Millor, Civil Engineer and Surveyor), described as follows: “Commencing on the Northwest comer of the Northwest Quarter of the Northwest Quarter of said Section 10; “Thence South 28 poles to the ‘true point of beginning’; “Thence South 71 degrees East 10 poles and 18 links; “Thence South 18 degrees and 30 minutes West 28 poles; “Thence West 11 and one-half poles; “Thence North 19 degrees 15 minutes East 31 poles and 15 feet to the ‘true point of beginning’, containing 2 acres or more.”. Sec. 124. None of the Funds provided in this Act shall be available to the Bureau of Indian Affairs or the Department of the Interior to transfer land into trust status for the Shoalwater Bay Indian Tribe in Clark County, Washington, unless and until the tribe and the county reach a legally enforceable agreement that addresses the financial impact of new development on the county, school district, fire district, and other local governments and the impact on zoning and development. Sec. 125. None of the funds provided in this Act may be used by the Department of the Interior to implement the provisions of Principle 3(C)ii and Appendix section 3(B)(4) in Secretarial Order 3206, entitled “American Indian Tribal Rights, Federal-Tribal Trust Responsibilities, and the Endangered Species Act”. Sec. 126. No funds appropriated for the Department of the Interior by this Act or any other Act shall be used to study or implement any plan to drain Lake Powell or to reduce the water level of the lake below the range of water levels required for the operation of the Glen Canyon Dam. Sec. 127. Notwithstanding any other provision of law, in conveying the Twin Cities Research Center under the authority provided by Public Law 104–134, as amended by Public Law 104–208, the Secretary may accept and retain land and other forms of reimbursement: Provided, That the Secretary may retain and use any such reimbursement until expended and without farther appropriation: (1) for the benefit of the National Wildlife Refuge System within the State of Minnesota; and (2) for all activities authorized by Public Law 100–696; 16 U.S.C. 460zz. Sec. 128. Section 112 of Public Law 103–138 (107 Stat. 1399) is amended by striking “permit LP-GLBA005–93” and inserting 114 STAT. 946“permit LP-GLBA005–93 and in connection with a corporate reorganization plan, the entity that, after the corporate reorganization, holds entry permit CP–GLBA004–00 each”. Sec. 129. Notwithstanding any other provision of law, the Secretary of the Interior shall designate Anchorage, Alaska, as a port of entry for the purpose of section 9(f)(1) of the Endangered Species Act of 1973 (16 U.S.C. 1538(f)(1)). Sec. 130. (a) The first section of Public Law 92–501 (86 Stat. 904) is amended by inserting after the first sentence “The park shall also include the land as generally depicted on the map entitled ‘subdivision of a portion of U.S. Survey 407, Tract B, dated May 12, 2000’”. (b) Section 3 of Public Law 92–501 is amended to read as follows: “There are authorized to be appropriated such sums as are necessary to carry out the terms of this Act.”. Sec. 131. (a) All proceeds, including bonuses, rents, and royalties, of Oil and Gas Lease sale 991, held by the Bureau of Land Management on May 5, 1999, or subsequent lease sales in the National Petroleum Reserve-Alaska (hereafter “proceeds”) attributable to the area subject to withdrawal for Kuukpik Corporation’s selection under section 22(j)(2) of the Alaska Native Claims Settlement Act, Public Law 92–203 (85 Stat. 688), shall be deposited into a separate fund of the Treasury (hereafter “fund”). (b) Within 120 days after the date of enactment of this Act, the Secretary of the Treasury shall transfer from the General Fund to the fund an amount determined by the Secretary of the Treasury, in consultation with the Secretary of the Interior, to be equal to the amount of interest income that would have been credited in the fund between May 5, 1999 and the date of enactment of this Act. For the purposes of this subsection (b), the Secretary of the Treasury shall calculate the interest income using a yield for a 52-week Treasury bill issued on or about May 5, 1999. (c) On the date of the enactment of this Act, the Secretary of the Interior shall request the Secretary of the Treasury to invest such portion of the fund as is not, in the Secretary of the Interior’s judgment, required to meet current payment requirements from the fund as determined under subsection (d). Such investments shall be made by the Secretary of the Treasury in public debt securities with maturities suitable to the needs of the fund, as determined by the Secretary of the Interior, and bearing interest at a rate determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketable obligations of the United States of comparable maturity. (d) Hereafter, amounts in the fund shall be available to the Secretary of the Interior, without fiscal year limitation, and the Secretary of the Interior shall pay to Arctic Slope Regional Corporation and the State of Alaska the amount of their entitlement when determined in accordance with applicable law, together with interest, as calculated by the Secretary of the Interior, from the date of receipt of the proceeds by the United States to the date of payment on the proportionate share of the fund distributed. Any remainder shall revert to the General Fund of the Treasury. Sec. 132. Notwithstanding any other provision of law, the Secretary of the Interior shall convey to Harvey R. Redmond of Girdwood, Alaska, at no cost, all right, title, and interest of the United States in and to United States Survey No. 12192, Alaska, 114 STAT. 947consisting of 49.96 acres located in the vicinity of T. 9N., R., 3E., Seward Meridian, Alaska. Sec. 133. Clarification of Terms of Conveyance to Nye County, Nevada. Section 132(b)(3) of the Department of the Interior and Related Agencies Appropriations Act, 2000 (113 Stat. 1535,1501A–165), is amended— (1) by redesignating subparagraph (B) as subparagraph (C); and (2) by inserting after subparagraph (A) the following: “(B) Lease.—Notwithstanding any provision of the Act of June 14, 1926 (commonly known as the ‘Recreation and Public Purposes Act’) (43 U.S.C. 869 et seq.), the county may enter into a long-term lease of any of the parcels described in paragraph (2) with a nonprofit organization under which the nonprofit organization would own and operate the Nevada Science and Technology Center for public, non-commercial purposes.”. Sec. 134. Mississippi River Island No. 228, Iowa, Land Exchange. (a) Identification of Land to be Received in Exchange.—Not later than 180 days after the date of enactment of this Act, the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service (referred to in this section as the “Secretary”), shall provide Dubuque Barge & Fleeting Services, Inc. (referred to in this section as “Dubuque”), a notice that identifies parcels of land or interests in land— (1) that are of a value that is approximately equal to the value of a parcel comprising a 150-foot wide strip of land on the west side of the northern half of Mississippi River Island No. 228, as determined through an appraisal conducted in conformity with the Uniform Appraisal Standards for Federal Land Acquisition; and (2) that the Secretary would consider acceptable in exchange for all right, title, and interest of the United States in and to that parcel. (b) Land for Wildlife and Fish Refuge.—Land or interests in land that the Secretary may consider acceptable for the purposes of subsection (a) include land or interests in land that would be suitable for inclusion in the Upper Mississippi River Wildlife and Fish Refuge. (c) Exchange.—Not later than 180 days after Dubuque offers land or interests in land identified in the notice under subsection (a), the Secretary shall convey all right, title, and interest of the United States in and to the parcel described in subsection (a) in exchange for the land or interests in land offered by Dubuque, and shall permanently discontinue barge fleeting at the Mississippi River island, Tract JO—4, Parcel A, in the W/2 SE/4, Section 30, T.29N., R.2W., Jo Daviess County, Illinois, located between miles #578 and #579, commonly known as Pearl Island. Sec. 135. (a) Findings.—The Senate makes the following findings— (1) in 1990, pursuant to the Indian Self-Determination and Education Assistance Act (ISDEAA), 25 U.S.C. 450 et seq., a class action lawsuit was filed by Indian tribal contractors and tribal consortia against the United States, the Secretary of the Interior and others seeking money damages, injunctive relief, and declaratory relief for alleged violations of the 114 STAT. 948ISDEAA (Ramah Navajo Chapter v. Lujan, 112 F.3d 1455 (10th Cir. 1997)); (2) the parties negotiated a partial settlement of the claim totaling $76,200,000, plus applicable interest, which was approved by the court on May 14, 1999; (3) the partial settlement was paid by the United States in September 1999, in the amount of $82,000,000; (4) the Judgment Fund was established to pay for legal judgments awarded to plaintiffs who have filed suit against the United States; (5) the Contract Disputes Act of 1978 requires that the Judgment Fund be reimbursed by the responsible agency following the payment of an award from the Fund; and (6) the shortfall in contract support payments found by the Court of Appeals for the 10th Circuit in Ramah resulted primarily from the non-payment or underpayment of indirect costs by agencies other than the Bureau of Indian Affairs and the Indian Health Service. (b) Sense of the Senate.—It is the sense of the Senate that— (1) repayment of the Judgment Fund for the partial settlement in Ramah from the accounts of the Bureau of Indian Affairs and Indian Health Service would significantly reduce funds appropriated to benefit tribes and individual Native Americans; and (2) the Secretary of the Interior should work with the Director of the Office of Management and Budget to secure funding for repayment of the judgment in Ramah within the budgets of the agencies that did not pay indirect costs to plaintiffs during the period 1988 to 1993 or paid indirect costs at less than rates provided under the Indian Self-Determination Act during such period. Sec. 136. In fiscal year 2001 and thereafter and notwithstanding any other provision of law, the United States Fish and Wildlife Service shall establish and implement a fee schedule to permit a return to the Service for forensic laboratory services provided to non-Department of the Interior entities. Fees shall be collected as determined appropriate by the Director of the Fish and Wildlife Service and shall be credited to this appropriation and be available for expenditure without further appropriation until expended. Sec. 137. Boundary Adjustment to Exclude Private Land and Access Road, Argus Range Wilderness, California Desert Conservation Area. (a) Boundary Adjustment.—The boundary of the Argus Range Wilderness in the California Desert Conservation Area, as designated by section 102(a)(1) of the California Desert Protection Act of 1994 (Public Law 103–433; 16 U.S.C. 1132 note) is adjusted to exclude from the area encompassed by the wilderness— (1) a parcel of private property located in the southwest quarter of the northeast quarter of section 35, township 21 south, range 42 east, Mount Diablo meridian, Inyo County, California; and (2) the roadway described in subsection (b) that is used to access the private property. (b) Description of Roadway.—The roadway referred to in subsection (a) means—114 STAT. 949 (1) the main stem of the road running east and west through sections 35 and 36, township 21 south, range 42 east, and section 31, township 21 south, range 43 east, Mount Diablo meridian, to the point where the main stem first divides into two branches to provide access to the parcel of private property described in subsection (a) from the east and the north; and (2) each of the two branches of that road, as described in paragraph (1). (c) Legal Description of Excluded Area.—The exact acreage and legal description of the area to be excluded from the wilderness area pursuant to subsection (a) shall be determined by a survey satisfactory to the Secretary. The cost of the survey shall be borne by the Secretary. In connection with the main stem of the roadway described in subsection (b)(1), the Secretary shall exclude, at a minimum, all lands within 30 feet of the center line of the roadway. Sec. 138. (a) Pursuant to the provisions of section 4(a)(3) of the National Wildlife Refuge System Administration Act (16 U.S.C. 668dd(a)(3)), the Secretary of the Interior is directed to remove from the Columbia National Wildlife Refuge all right, title and interest of the United States in and to the following described properties: Lots 1 and 2 of Block 144, in Othello Land Company’s First Addition to Othello according to the recorded plat thereof, together with all lands presently or formerly occupied by public thoroughfares or rights of way abutting or adjoining the above described land, in the County of Adams, State of Washington, T.16 N., R.29E., W.M. and to transfer said property without compensation to the City of Othello, Washington. (b) The property conveyed under this section shall be used for public housing or other public purpose, and all right, title and interest in and to such property shall revert to the United States if it is used for any other purpose. (c) The City of Othello shall hold the United States harmless, and shall indemnify the United States, for all claims, costs, damages, and judgements arising out of any act or omission relating to the property conveyed under this section. Sec. 139. Section 412(b) of the National Parks Omnibus Management Act of 1998, as amended (16 U.S.C. 5961) is amended by striking “2000” and inserting “2001”. Sec. 140. Notwithstanding other provisions of law, the National Park Service may authorize, through cooperative agreement, the Golden Gate National Parks Association to provide fee-based education, interpretive and visitor service functions within the Crissy Field and Fort Point areas of the Presidio. Sec. 141. The building housing the visitors center within the boundaries of the Chincoteague National Wildlife Refuge on Assateague Island, Virginia, shall be known and designated as the “Herbert H. Bateman Educational and Administrative Center” and shall hereafter be referred to in any law, map, regulation, document, paper, or other record of the United States as the “Herbert H. Bateman Educational and Administrative Center”. Sec. 142. Notwithstanding 31 U.S.C. 3302(b), sums received by the Bureau of Land Management for the sale of seeds or seedlings including those collected in fiscal year 2000, may be credited to the appropriation from which funds were expended to acquire 114 STAT. 950or grow the seeds or seedlings and are available without fiscal year limitation. Sec. 143. Public Law 105–83 (111 Stat. 1556) is amended as follows: Under the heading “Operation of Indian Programs” in the Bureau of Indian Affairs strike “non-Federal” in the last proviso and insert in lieu thereof “non-Department of the Interior”. Sec. 144. (a) Notwithstanding any other provision of law, and subject to subsections (b) and (c), all conveyances to the city of Valley City, a municipal corporation of Barnes County, North Dakota, of lands described in subsection (b), heretofore or hereafter made directly by The Burlington Northern and Santa Fe Railway Company or its successors, are hereby validated to the extent that the conveyances would be legal and valid if all right, title, and interest of the United States, except minerals, were held by The Burlington Northern and Santa Fe Railway Company. (b) Lands Described.—The lands referred to in subsection (a) are the land that formed part of the railroad right-of-way granted to the Northern Pacific Railroad Company, a predecessor to The Burlington Northern and Santa Fe Railway Company, by an Act of Congress on July 2, 1864, specifically a 400-foot wide right-of-way, being 200 feet wide on each side of the centerline of the rail track as originally located and constructed between milepost 69.05 and milepost 61.10 within Barnes County, North Dakota, as shown and described on the map entitled “City of Valley City-Railroad Parcels” dated September 1, 2000. Such map shall be placed on file and available for inspection in the offices of the Director of the Bureau of Land Management. (c) Access and Mineral Rights.— (1) Preservation of rights of access.—Nothing in this section shall impair any rights of access in favor of the public or any owner of adjacent lands over, under, or across the lands described in section 2. (2) Minerals.—The United States reserves any federally owned mineral rights in the lands described in subsection (b), except that the United States disclaims any and all right of surface entry to the mineral estate of such lands. Sec. 145. (a) Short Title.—This section may be cited as the “First Ladies National Historic Site Act of 2000”. (b) First Ladies National Historic Site.— (1) Findings.—The Congress finds the following: (A) Throughout the history of the United States, First Ladies have had an important impact on our Nation’s history. (B) Little attention has been paid to the role of First Ladies and their impact on our Nation’s history. (C) Establishment of the First Ladies National Historic Site will provide unique opportunities for education and study into the impact of First Ladies on our history. (2) Purposes.—The purposes of this section are the following: (A) To preserve and interpret the role and history of First Ladies for the benefit, inspiration, and education of the people of the United States. (B) To interpret the impact of First Ladies on the history of the United States. (C) To provide to school children and scholars access to information about the contributions of First Ladies 114 STAT. 951through both a physical educational facility and an electronic virtual library. (D) To establish the First Ladies National Historic Site in Canton, Ohio, the home of First Lady Ida Saxton McKinley. (E) To create a public-private partnership between the National Park Service and the National First Ladies Library. (3) Establishment of first ladies national historic site.— (A) Establishment.—There is established in Canton, Ohio, the First Ladies National Historic Site. (B) Description.—The historic site shall consist of— (i) the land and improvements comprising the National Park Service property located at 331 Market Avenue South in Canton, Ohio, known as the Ida Saxton McKinley House; and (ii) if acquired under subsection (b)(4), National Park Service property located at 205 Market Avenue South in Canton, Ohio, known as the City National Bank Building. (4) Acquisition of city national bank building.—The Secretary may acquire by donation, for inclusion in the historic site, the property located at 205 Market Avenue South in Canton, Ohio, known as the City National Bank Building. (5) Administration of the historic site.— (A) In general.—The Secretary shall administer the historic site in accordance with this section and the provisions of law generally applicable to units of the National Park System, including the Act entitled “An Act to establish a National Park Service, and for other purposes”, approved August 25, 1916 (16 U.S.C. 1 et seq.), and the Act of August 21, 1935 (49 Stat. 666, chapter 593; 16 U.S.C. 461 et seq.). (B) Cooperative agreements.— (i) To further the purposes of this section, the Secretary may enter into a cooperative agreement with the National First Ladies Library (a nonprofit corporation established under the laws of the District of Columbia) under which the National First Ladies Library may operate and maintain the site. (ii) To further the purposes of this section, the Secretary may enter into cooperative agreements with other public and private organizations. (C) Assistance.—The Secretary may provide to the National First Ladies Library— (i) technical assistance for the preservation of historic structures of, the maintenance of the cultural landscape of, and local preservation planning for, the historic site; and (ii) subject to the availability of appropriations, financial assistance for the operation and maintenance of the historic site. (D) Admission fees.—The Secretary may authorize the National First Ladies Library to— (i) charge fees for admission to the historic site; and 114 STAT. 952 (ii) retain and use for the historic site amounts paid as such fees. (E) Management of property.—The Secretary may authorize the National First Ladies Library— (i) to manage any property within the historic site; (ii) to lease to other public or private entities any property managed under subparagraph (i) by the National First Ladies Library; and (iii) to retain and use for the historic site amounts received under such leases. (6) General management plan.— (A) In general.—Not later than the last day of the third full fiscal year beginning after the date of enactment of this Act, the Secretary shall, in consultation with the officials described in paragraph (B), prepare a general management plan for the historic site. (B) Consultation.—In preparing the general management plan, the Secretary shall consult with an appropriate official of— (i) the National First Ladies Library; and (ii) appropriate political subdivisions of the State of Ohio that have jurisdiction over the area where the historic site is located. (C) Submission of plan to congress.—Upon the completion of the general management plan, the Secretary shall submit a copy of the plan to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives. (7) Definitions.—In this section: (A) Historic site.—The term “historic site” means the First Ladies National Historic Site established by subsection (b)(3). (B) Secretary.—The term “Secretary” means the Secretary of the Interior. Sec. 146. (a) Contributions Toward Establishment of Abraham Lincoln Interpretive Center.— (1) Grants authorized.—Subject to subsections (a)(2) and (a)(3), the Secretary of the Interior shall make grants to contribute funds for the establishment in Springfield, Illinois, of an interpretive center to preserve and make available to the public materials related to the life of President Abraham Lincoln and to provide interpretive and educational services which communicate the meaning of the life of Abraham Lincoln. (2) Plan and design.— (A) Submission.—Not later than 18 months after the date of the enactment of this Act, the entity selected by the Secretary of the Interior to receive grants under subsection (a)(1) shall submit to the Secretary a plan and design for the interpretive center, including a description of the following: (i) The design of the facility and site. (ii) The method of acquisition. (iii) The estimated cost of acquisition, construction, operation, and maintenance.114 STAT. 953 (iv) The manner and extent to which non-Federal entities will participate in the acquisition, construction, operation, and maintenance of the center. (B) Consultation and cooperation.—The plan and design for the interpretive center shall be prepared in consultation with the Secretary of the Interior and the Governor of Illinois and in cooperation with such other public, municipal, and private entities as the Secretary considers appropriate. (3) Conditions on grant.— (A) Matching requirement.—A grant under subsection (a)(1) may not be made until such time as the entity selected to receive the grant certifies to the Secretary of the Interior that funds have been contributed by the State of Illinois or raised from non-Federal sources for use to establish the interpretive center in an amount equal to at least double the amount of that grant. (B) Relation to other lincoln-related sites and museums.—The Secretary of the Interior shall further condition the grant under subsection (a)(1) on the agreement of the grant recipient to operate the resulting interpretive center in cooperation with other Federal and non-Federal historic sites, parks, and museums that represent significant locations or events in the life of Abraham Lincoln. Cooperative efforts to promote and interpret the life of Abraham Lincoln may include the use of cooperative agreements, cross references, cross promotion, and shared exhibits. (4) Prohibition on contribution of operating funds.—Grant amounts may not be used for the maintenance or operation of the interpretive center. (5) Non-federal operation.—The Secretary of the Interior shall have no involvement in the actual operation of the interpretive center, except at the request of the non-Federal entity responsible for the operation of the center. (b) Authorization of Appropriations.—There are authorized to be appropriated to the Secretary of the Interior a total of $50,000,000 to make grants under subsection (a)(1). Amounts so appropriated shall remain available for expenditure through fiscal year 2006. Sec. 147. (a) Short Title.—This section may be cited as the “Palace of the Governors Annex Act”. (b) Construction of Palace of the Governors Annex, Santa Fe, New Mexico.— (1) Findings.—Congress finds that— (A) the United States has a rich legacy of Hispanic influence in politics, government, economic development, and cultural expression; (B) the Palace of the Governors— (i) has been the center of administrative and cultural activity over a vast region of the Southwest since its construction as New Mexico’s second capitol in Santa Fe by Governor Pedro de Peralta in 1610; (ii) is the oldest continuously occupied public building in the continental United States, having been occupied for 390 years; and114 STAT. 954 (iii) has been designated as a National Historic Landmark; (C) since its creation, the Museum of New Mexico has worked to protect and promote Southwestern, Hispanic, and Native American arts and crafts; (D) the Palace of the Governors houses the history division of the Museum of New Mexico; (E) the Museum has an extensive, priceless, and irreplaceable collection of— (i) Spanish Colonial paintings (including the Segesser Hide Paintings, paintings on buffalo hide dating back to 1706); (ii) pre-Columbian Art; and (iii) historic artifacts, including— (I) helmets and armor worn by the Don Juan de Onate expedition conquistadors who established the first capital in the territory that is now the United States, San Juan de los Caballeros, in July 1598; (II) the Vara Stick used to measure land grants and other real property boundaries in Dona Ana County, New Mexico; (III) the Columbus, New Mexico Railway Station clock that was shot, stopping the pendulum, freezing for all history the moment when Pancho Villa’s raid began; (IV) the field desk of Brigadier General Stephen Watts Kearny, who was posted to New Mexico during the Mexican War and whose Army of the West traveled the Santa Fe trail to occupy the territories of New Mexico and California; and (V) more than 800,000 other historic photographs, guns, costumes, maps, books, and handicrafts; (F) the Palace of the Governors and its contents are included in the Mary C. Skaggs Centennial Collection of America’s Treasures; (G) the Palace of the Governors and the Segesser Hide paintings have been declared national treasures by the National Trust for Historic Preservation; and (H) time is of the essence in the construction of an annex to the Palace of the Governors for the exhibition and storing of the collection described in paragraph (E), because— (i) the existing facilities for exhibiting and storing the collection are so inadequate and unsuitable that existence of the collection is endangered and its preservation is in jeopardy; and (ii) 2010 marks the 400th anniversary of the continuous occupation and use of the Palace of the Governors and is an appropriate date for ensuring the continued viability of the collection. (2) Definitions.—In this section: (A) Annex.—The term “Annex” means the annex for the Palace of the Governors of the Museum of New Mexico, to be constructed behind the Palace of the Governors building at 110 Lincoln Avenue, Santa Fe, New Mexico.114 STAT. 955 (B) Office.—The term “Office” means the State Office of Cultural Affairs. (C) Secretary.—The term “Secretary” means the Secretary of the Interior. (D) State.—The term “State” means the State of New Mexico. (3) Grant.— (A) In general.—Subject to the availability of appropriations, the Secretary shall make a grant to the Office to pay 50 percent of the costs of the final design, construction, management, inspection, furnishing, and equipping of the Annex. (B) Requirements.—Subject to the availability of appropriations, to receive a grant under this paragraph (A), the Office shall— (i) submit to the Secretary a copy of the architectural blueprints for the Annex; and (ii) enter into a memorandum of understanding with the Secretary under subsection ((b)(4). (4) Memorandum of understanding.—At the request of the Office, the Secretary shall enter into a memorandum of understanding with the Office that— (A) requires that the Office award the contract for construction of the Annex after a competitive bidding process and in accordance with the New Mexico Procurement Code; and (B) specifies a date for completion of the Annex. (5) Non-federal share.—The non-Federal share of the costs of the final design, construction, management, inspection, furnishing, and equipping of the Annex— (A) may be in cash or in kind fairly evaluated, including land, art and artifact collections, plant, equipment, or services; and (B) shall include any contribution received by the State (including contributions from the New Mexico Foundation and other endowment funds) for, and any expenditure made by the State for, the Palace of the Governors or the Annex, including— (i) design; (ii) land acquisition (including the land at 110 Lincoln Avenue, Santa Fe, New Mexico); (iii) acquisitions for and renovation of the library; (iv) conservation of the Palace of the Governors; (v) construction, management, inspection, furnishing, and equipping of the Annex; and (vi) donations of art collections and artifacts to the Museum of New Mexico on or after the date of enactment of this section. (6) Use of funds.—The funds received under a grant awarded under subsection (b)(3) shall be used only for the final design, construction, management, inspection, furnishing and equipment of the Annex. (7) Authorization of appropriations.— (A) In general.—Subject to paragraph (B), subject to the availability of appropriations, there is authorized to be appropriated to the Secretary to carry out this section $15,000,000, to remain available until expended.114 STAT. 956 (B) Condition.—Paragraph (A) authorizes sums to be appropriated on the condition that— (i) after the date of enactment of this section and before January 1, 2010, the State appropriate at least $8,000,000 to pay the costs of the final design, construction, management, inspection, furnishing, and equipping of the Annex; and (ii) other non-Federal sources provide sufficient funds to pay the remainder of the 50 percent non-Federal share of those costs. Sec. 148. (a) Section 104 of the Act entitled “An Act to establish in the Department of the Interior the Southwestern Pennsylvania Heritage Preservation Commission, and for other purposes”, approved November 19, 1988 (Public Law 100–698) is amended— (1) in the flush material at the end of subsection (a), by striking “10 years” and inserting “20 years”; and (2) in subsection (e), by striking “10 years” and inserting “20 years”. (b) Authorization of Appropriations.—Section 105 of the Act entitled “An Act to establish in the Department of the Interior the Southwestern Pennsylvania Heritage Preservation Commission, and for other purposes”, approved November 19, 1988 (Public Law 100–698) is amended by inserting “for each of fiscal years 2001 through 2010” after “$3,000,000”. (c) Effective date.—The amendment made by section 1 shall be deemed to have taken effect on November 18, 1998. Sec. 149. Redesignation of Cuyahoga Valley National Recreation Area as Cuyahoga Valley National Park. (a) Redesignation.—The Cuyahoga Valley National Recreation Area is redesignated as Cuyahoga Valley National Park. (b) References.—Any reference in a law, map, regulation, document, paper, or other record of the United States to the Cuyahoga Valley National Recreation Area is deemed to be a reference to Cuyahoga Valley National Park. (c) Conforming Amendments.—The Act entitled “An Act to provide for the establishment of the Cuyahoga Valley National Recreation Area” (Public Law 93–555; 16 U.S.C. 460ff et seq.), approved December 27, 1974, is amended— (1) in section 1 by striking “National Recreation Area” and inserting “National Park”; and (2) by striking “recreation area” each place it appears and inserting “park”. (d) Clerical Amendments.—Section 5 of such Act (16 U.S.C. 460ff–4) is repealed, and section 6 of such Act (16 U.S.C. 460ff–5) is redesignated as section 5. Sec. 150. (a) Short Title.—This section may be cited as the “National Underground Railroad Freedom Center Act”. (b) Findings and Purposes.— (1) Findings.—Congress finds that— (A) the National Underground Railroad Freedom Center (hereinafter “Freedom Center”) is a nonprofit organization incorporated under the laws of the State of Ohio in 1995; (B) the objectives of the Freedom Center are to interpret the history of the Underground Railroad through development of a national cultural institution in Cincinnati, Ohio, that will house an interpretive center, including 114 STAT. 957museum, educational, and research facilities, all dedicated to communicating to the public the importance of the quest for human freedom which provided the foundation for the historic and inspiring story of the Underground Railroad; (C) the city of Cincinnati has granted exclusive development rights for a prime riverfront location to the Freedom Center; (D) the Freedom Center will be a national center linked through state-of-the-art technology to Underground Railroad sites and facilities throughout the United States and to a constituency that reaches across the United States, Canada, Mexico, the Caribbean and beyond; and (E) the Freedom Center has reached an agreement with the National Park Service to pursue a range of historical and educational cooperative activities related to the Underground Railroad, including but not limited to assisting the National Park Service in the implementation of the National Underground Railroad Network to Freedom Act. (2) Purposes.—The purposes of this section are— (A) to promote preservation and public awareness of the history of the Underground Railroad; (B) to assist the Freedom Center in the development of its programs and facilities in Cincinnati, Ohio; and (C) to assist the National Park Service in the implementation of the National Underground Railroad Network to Freedom Act (112 Stat. 679; 16 U.S.C. 4691 and following). (c) Definitions.—In this section: (1) Secretary.—The term “Secretary” means the Secretary of the Interior. (2) Project budget.—The term “project budget” means the total amount of funds expended by the Freedom Center on construction of its facility, development of its programs and exhibits, research, collection of informative and educational activities related to the history of the Underground Railroad, and any administrative activities necessary to the operation of the Freedom Center, prior to the opening of the Freedom Center facility in Cincinnati, Ohio. (3) Federal share.—The term “Federal share” means an amount not to exceed 20 percent of the project budget and shall include all amounts received from the Federal Government under this legislation and any other Federal programs. (4) Non-federal share.—The term “non-Federal share” means all amounts obtained by the Freedom Center for the implementation of its facilities and programs from any source other than the Federal Government, and shall not be less than 80 percent of the project budget. (5) The freedom center facility.—The term “the Freedom Center facility” means the facility, including the building and surrounding site, which will house the museum and research institute to be constructed and developed in Cincinnati, Ohio, on the site described in subsection (d)(3). (d) Authorization of Appropriations.— (1) Program authorized.—From sums appropriated pursuant to the authority of subsection (d)(4) in any fiscal 114 STAT. 958year, the Secretary is authorized and directed to provide financial assistance to the Freedom Center, in order to pay the Federal share of the cost of authorized activities described in subsection (e). (2) Expenditure on non-federal property.—The Secretary is authorized to expend appropriated funds under subsection (d)(1) of this section to assist in the construction of the Freedom Center facility and the development of programs and exhibits for that facility which will be funded primarily through private and non-Federal funds, on property owned by the city of Cincinnati, Hamilton County, and the State of Ohio. (3) Description of the freedom center facility site.—The facility referred to in subsections (d)(1) and (d)(2) will be located on a site described as follows: a 2-block area south of new South Second, west of Walnut Street, north of relocated Theodore M. Berry Way, and east of Vine Street in Cincinnati, Ohio. (4) Authorization of appropriations.—There are authorized to be appropriated $16,000,000 for the 4 fiscal year period beginning October 1, 1999. Funds not to exceed that total amount may be appropriated in 1 or more of such fiscal years. Funds shall not be disbursed until the Freedom Center has commitments for a minimum of 50 percent of the non-Federal share, (5) Availability of funds.—Notwithstanding any other provision of law, funds appropriated to carry out the provisions of this section shall remain available for obligation and expenditure until the end of the fiscal year succeeding the fiscal year for which the funds were appropriated. (6) Other provisions.—Any grant made under this section shall provide that— (A) no change or alteration may be made in the Freedom Center facility except with the agreement of the property owner and the Secretary; (B) the Secretary shall have the right of access at reasonable times to the public portions of the Freedom Center facility for interpretive and other purposes; and (C) conversion, use, or disposal of the Freedom Center facility for purposes contrary to the purposes of this section, as determined by the Secretary, shall result in a right of the United States to compensation equal to the greater of— (i) all Federal funds made available to the grantee under this section; or (ii) the proportion of the increased value of the Freedom Center facility attributable to such funds, as determined at the time of such conversion, use, or disposal. (e) Authorized Activities.— (1) In general.—The Freedom Center may engage in any activity related to its objectives addressed in subsection (b)(1), including, but not limited to, construction of the Freedom Center facility, development of programs and exhibits related to the history of the Underground Railroad, research, collection of information and artifacts and educational activities related 114 STAT. 959to the history of the Underground Railroad, and any administrative activities necessary to the operation of the Freedom Center. (2) Priorities,—The Freedom Center shall give priority— (A) construction of the Freedom Center facility; (B) development of programs and exhibits to be presented in or from the Freedom Center facility; and (C) providing assistance to the National Park Service in the implementation of the National Underground Railroad Network to Freedom Act (16 U.S.C. 4691). (f) Application.— (1) In general.—The Freedom Center shall submit an application to the Secretary at such time, in such manner, and containing or accompanied by such information as the Secretary may reasonably require. Each application shall— (A) describe the activities for which assistance is sought; (B) provide assurances that the non-Federal share of the cost of activities of the Freedom Center shall be paid from non-Federal sources, together with an accounting of costs expended by the Freedom Center to date, a budget of costs to be incurred prior to the opening of the Freedom Center facility, an accounting of funds raised to date, both Federal and non-Federal, and a projection of funds to be raised through the completion of the Freedom Center facility. (2) Approval.—The Secretary shall approve the application submitted pursuant to subsection (f)(1) unless such application fails to comply with the provisions of this section. (g) Reports.—The Freedom Center shall submit an annual report to the appropriate committees of the Congress not later than January 31, 2000, and each succeeding year thereafter for any fiscal year in which Federal funds are expended pursuant to this section. The report shall— (1) include a financial statement addressing the Freedom Center’s costs incurred to date and projected costs, and funds raised to date and projected fundraising goals; (2) include a comprehensive and detailed description of the Freedom Center’s activities for the preceding and succeeding fiscal years; and (3) include a description of the activities taken to assure compliance with this section. (h) Amendment to the National Underground Railroad Network to Freedom Act of 1998.—The National Underground Railroad Network to Freedom Act of 1998 (112 Stat. 679; 16 U.S.C. 4691 and following) is amended by adding at the end the following: “SEC. 4. PRESERVATION OF HISTORIC SITES OR STRUCTURES. “(a) Authority to Make Grants.—The Secretary of the Interior may make grants in accordance with this section for the preservation and restoration of historic buildings or structures associated with the Underground Railroad, and for related research and documentation to sites, programs, or facilities that have been included in the national network. “(b) Grant Conditions.—Any grant made under this section shall provide that—114 STAT. 960 “(1) no change or alteration may be made in property for which the grant is used except with the agreement of the property owner and the Secretary; “(2) the Secretary shall have the right of access at reasonable times to the public portions of such property for interpretive and other purposes; and “(3) conversion, use, or disposal of such property for purposes contrary to the purposes of this Act, as determined by the Secretary, shall result in a right of the United States to compensation equal to all Federal funds made available to the grantee under this Act. “(c) Matching Requirement.—The Secretary may obligate funds made available for a grant under this section only if the grantee agrees to match, from funds derived from non-Federal sources, the amount of the grant with an amount that is equal to or greater than the grant. The Secretary may waive the requirement of the preceding sentence with respect to a grant if the Secretary determines that an extreme emergency exists or that such a waiver is in the public interest to assure the preservation of historically significant resources. “(d) Funding.—There are authorized to be appropriated to the Secretary for purposes of this section $2,500,000 for fiscal year 2001 and each subsequent fiscal year. Amounts authorized but not appropriated in a fiscal year shall be available for appropriation in subsequent fiscal years.”. Sec. 151. Priority Abandoned Mine and Acid Mine Remediation. For expenses necessary to reclaim abandoned coal mine sites and for acid mine drainage remediation caused by past coal mining practices in the anthracite region of Pennsylvania and other purposes consistent with title IV of the Surface Mining Control and Reclamation Act of 1977, Public Law 95–87, as amended, to be granted to the Commonwealth of Pennsylvania in addition to the amount granted under sections 402(g)(1) and 402(g)(5) of the Surface Mining Control and Reclamation Act, $12,600,000, to be derived from funds pursuant to section 402(g)(2) of the Surface Mining Control and Reclamation Act, to remain available until expended: Provided, That of these funds, $600,000 will be specifically used to continue a demonstration project funded in Public Law 106–113, in accordance with section 401(c)(6) of the Act to determine the efficacy of improving water quality by removing metals from eligible waters polluted by acid mine drainage. Sec. 152. Notwithstanding any other provision of law, from the unobligated balances derived from the Land and Water Conservation Fund appropriated in fiscal year 2000 for acquisition of land at Nisqually National Wildlife Refuge (Black River), $850,000, together with other sums as may become available, is for the Nisqually Indian Tribe to acquire the fee title to the Kenneth W. Braget farm under the terms and conditions of the existing Purchase and Sale Agreement. The Nisqually Indian Tribe shall enter into a 25 year cooperative agreement/renewable lease with the U.S. Fish and Wildlife Service to manage those lands within the approved refuge boundary as part of the Nisqually National Wildlife Refuge. Such lands within the approved refuge boundary shall be managed in perpetuity for refuge purposes. Sec. 153. Tribal School Construction Demonstration Program. (a) Definitions.—In this section:114 STAT. 961 (1) Construction.—The term “construction”, with respect to a tribally controlled school, includes the construction or renovation of that school. (2) Indian tribe—The term “Indian tribe” has the meaning given that term in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e)). (3) Secretary.—The term “secretary” means the Secretary of the Interior. (4) Tribally controlled school.—The term “tribally controlled school” has the meaning given that term in section 5212 of the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2511), (5) Department.—The term “Department” means the Department of the Interior. (6) Demonstration program.—The term “demonstration program” means the Tribal School Construction Demonstration Program. (b) In General.—The Secretary shall carry out a demonstration program to provide grants to Indian tribes for the construction of tribally controlled schools. (1) In general.—Subject to the availability of appropriations, in carrying out the demonstration program under subsection (b), the Secretary shall award a grant to each Indian tribe that submits an application that is approved by the Secretary under paragraph (2). The Secretary shall ensure that an eligible Indian tribe currently on the Department’s priority list for constructing of replacement educational facilities receives the highest priority for a grant under this section. (2) Grant applications.—An application for a grant under the section shall— (A) include a proposal for the construction of a tribally controlled school of the Indian tribe that submits the application; and (B) be in such form as the Secretary determines appropriate. (3) Grant agreement.—As a condition to receiving a grant under this section, the Indian tribe shall enter into an agreement with the Secretary that specifies— (A) the costs of construction under the grant; (B) that the Indian tribe shall be required to contribute towards the cost of the construction a tribal share equal to 50 percent of the costs; and (C) any other term or condition that the Secretary determines to be appropriate. (4) Eligibility.—Grants awarded under the demonstration program shall only be for construction on replacement tribally controlled schools. (c) Effect of Grant.—A grant received under this section shall be in addition to any other funds received by an Indian tribe under any other provision of law. The receipt of a grant under this section shall not affect the eligibility of an Indian tribe receiving funding, or the amount of funding received by the Indian tribe, under the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.) or the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.). Sec. 154. White River Oil Shale Mine, Utah. (a) Sale.—The Administrator of General Services (referred to in this section 114 STAT. 962as the “Administrator”) shall sell all right, title, and interest of the United States in and to the improvements and equipment described in subsection (b) that are situated on the land described in subsection (c) (referred to in this section as the “Mine”). (b) Description of Improvements and Equipment.—The improvements and equipment referred to in subsection (a) are the following improvements and equipment associated with the Mine: (1) Mine Service Building. (2) Sewage Treatment Building. (3) Electrical Switchgear Building. (4) Water Treatment Building/Plant. (5) Ventilation/Fan Building. (6) Water Storage Tanks. (7) Mine Hoist Cage and Headframe. (8) Miscellaneous Mine-related equipment. (c) Description of Land.—The land referred to in subsection (a) is the land located in Uintah County, Utah, known as the “White River Oil Shale Mine” and described as follows: (1) T. 10 S., R 24 E., Salt Lake Meridian, sections 12 through 14,19 through 30, 33, and 34. (2) T. 10 S., R. 25 E., Salt Lake Meridian, sections 18 and 19. (d) Use of Proceeds.—The proceeds of the sale under subsection (a)— (1) shall be deposited in a special account in the Treasury of the United States; and (2) shall be available until expended, without further Act of appropriation— (A) first, to reimburse the Administrator for the direct costs of the sale; and (B) second, to reimburse the Bureau of Land Management Utah State Office for the costs of closing and rehabilitating the Mine. (e) Mine Closure and Rehabilitation.—The closing and rehabilitation of the Mine (including closing of the mine shafts, site grading, and surface revegetation) shall be conducted in accordance with— (1) the regulatory requirements of the State of Utah, the Mine Safety and Health Administration, and the Occupational Safety and Health Administration; and (2) other applicable law. Sec. 155. Blue Ridge Parkway. (a) The Blue Ridge Parkway headquarters building located at 199 Hemphill Knob in Asheville, North Carolina, shall be known and designated as the “Gary E. Everhardt Headquarters Building”. (b) Any reference in a law, map, regulation, document, paper, or other record of the United States to the headquarters building referred to in subsection (a) shall be deemed to be a reference to the “Gary E. Everhardt Headquarters Building”. Sec. 156. None of the funds in this Act or any other Act shall be used, by the Secretary of the Interior to promulgate final rules to revise 43 C.F.R. subpart 3809, except that the Secretary, following the public comment period required by section 3002 of Public Law 106–31, may issue final rules to amend 43 C.F.R. subpart 3809 which are not inconsistent with the recommendations contained in the National Research Council report entitled “Hardrock Mining on Federal Lands” so long as these regulations 114 STAT. 963are also not inconsistent with existing statutory authorities. Nothing in this section shall be construed to expand the existing statutory authority of the Secretary. Sec. 157. (a) Short Title.—This section may be cited as the “Wheeling National Heritage Area Act of 2000”. (b) Findings and Purposes.— (1) Findings.—The Congress finds that— (A) the area in an around Wheeling, West Virginia, possesses important historical, cultural, and natural resources, representing major heritage themes of transportation, commerce and industry, and Victorian culture in the United States; (B) the City of Wheeling has played an important part in the settlement of this country by serving as— (i) the western terminus of the National Road of the early 1800’s; (ii) the “Crossroads of America” throughout the nineteenth century; (iii) one of the few major inland ports in the nineteenth century; and (iv) the site for the establishment of the Restored State of Virginia, and later the State of West Virginia, during the Civil War and as the first capital of the new State of West Virginia; (C) the City of Wheeling has also played an important role in the industrial and commercial heritage of the United States, through the development and maintenance of many industries crucial to the Nation’s expansion, including iron and steel, textile manufacturing, boat building, glass manufacturing, and stogie and chewing tobacco manufacturing facilities, many of which are industries that continue to play an important role in the national economy; (D) the city of Wheeling has retained its national heritage themes with the designations of the old custom house (now Independence Hall) and the historic suspension bridge as National Historic Landmarks; with five historic districts; and many individual properties in the Wheeling area listed or eligible for nomination to the National Register of Historic Places; (E) the heritage themes and number and diversity of Wheeling’s remaining resources should be appropriately retained, enhanced, and interpreted for the education, benefit, and inspiration of the people of the United States; and (F) in 1992 a comprehensive plan for the development and administration of the Wheeling National Heritage Area was completed for the National Park Service, the City of Wheeling, and the Wheeling National Task Force, including— (i) an inventory of the national and cultural resources in the City of Wheeling; (ii) criteria for preserving and interpreting significant natural and historic resources; (iii) a strategy for the conservation, preservation, and reuse of the historical and cultural resources in the City of Wheeling and the surrounding region; and114 STAT. 964 (iv) an implementation agenda by which the State of West Virginia and local governments can coordinate their resources as well as a complete description of the management entity responsible for implementing the comprehensive plan. (2) Purposes.—The purposes of this section are— (A) to recognize the special importance of the history and development of the Wheeling area in the cultural heritage of the Nation; (B) to provide a framework to assist the City of Wheeling and other public and private entities and individuals in the appropriate preservation, enhancement, and interpretation of significant resources in the Wheeling area emblematic of Wheeling’s contributions to the Nation’s cultural heritage; (C) to allow for limited Federal, State and local capital contributions for planning and infrastructure investments to complete the Wheeling National Heritage Area, in partnership with the State of West Virginia, the City of Wheeling, and other appropriate public and private entities; and (D) to provide for an economically self-sustaining National Heritage Area not dependent on Federal financial assistance beyond the initial years necessary to establish the heritage area. (c) Definitions.—As used in this section— (1) the term “city” means the City of Wheeling; (2) the term “heritage area” means the Wheeling National Heritage Area established in subsection (d); (3) the term “plan” means the “Plan for the Wheeling National Heritage Area” dated August, 1992; (4) the term “Secretary” means the Secretary of the Interior; and (5) the term “State” means the State of West Virginia. (d) Wheeling National Heritage Area.— (1) Establishment.—In furtherance of the purposes of this section, there is established in the State of West Virginia the Wheeling National Heritage Area, as generally depicted on the map entitled “Boundary Map, Wheeling National Heritage Area, Wheeling, West Virginia” and dated March, 1994. The map shall be on file and available for public inspection in the appropriate offices of the National Park Service. (2) Management entity.— (A) The management entity for the heritage area shall be the Wheeling National Heritage Corporation, a nonprofit corporation chartered in the State of West Virginia. (B) To the extent consistent with this section, the management entity shall manage the heritage area in accordance with the plan. (e) Duties of the Management Entity.— (1) Mission.— (A) The primary mission of the management entity shall be— (i) to implement and coordinate the recommendations contained in the plan; (ii) ensure integrated operation of the heritage area; and114 STAT. 965 (iii) conserve and interpret the historic and cultural resources of the heritage area. (B) The management entity shall also direct and coordinate the diverse conservation, development, programming, educational, and interpretive activities within the heritage area. (2) Recognition of plan.—The management entity shall work with the State of West Virginia and local governments to ensure that the plan is formally adopted by the City and recognized by the State. (3) Implementation.—To the extent practicable, the management entity shall— (A) implement the recommendations contained in the plan in a timely manner pursuant to the schedule identified in the plan; (B) coordinate its activities with the City, the State, and the Secretary; (C) ensure the conservation and interpretation of the heritage area’s historical, cultural, and natural resources, including— (i) assisting the City and the State in the preservation of sites, buildings, and objects within the heritage area which are listed or eligible for listing on the National Register of Historic Places; (ii) assisting the City, the State, or a nonprofit organization in the restoration of any historic building in the heritage area; (iii) increasing public awareness of and appreciation for the natural, cultural, and historic resources of the heritage area; (iv) assisting the State or City in designing, establishing, and maintaining appropriate interpretive facilities and exhibits in the heritage area; (v) assisting in the enhancement of public awareness and appreciation for the historical, archaeological, and geologic resources and sites in the heritage area; and (vi) encouraging the City and other local governments to adopt land use policies consistent with the goals of the plan, and to take actions to implement those policies; (D) encourage intergovernmental cooperation in the achievement of these objectives; (E) develop recommendations for design standards within the heritage area; and (F) seek to create public-private partnerships to finance projects and initiatives within the heritage area. (4) Authorities.—The management entity may, for the purposes of implementing the plan, use Federal funds made available by this section to— (A) make grants to the State, City, or other appropriate public or private organizations, entities, or persons; (B) enter into cooperative agreements with, or provide technical assistance to Federal agencies, the State, City or other appropriate public or private organizations, entities, or persons;114 STAT. 966 (C) hire and compensate such staff as the management entity deems necessary; (D) obtain money from any source under any program or law requiring the recipient of such money to make a contribution in order to receive such money; (E) spend funds on promotion and marketing consistent with the resources and associated values of the heritage area in order to promote increased visitation; and (F) contract for goods and services. (5) Acquisition of real property.— (A) Except as provided in paragraph (B), the management entity may not acquire any real property or interest therein within the heritage area, other than the leasing of facilities. (B)(i) Subject to subparagraph (ii), the management entity may acquire real property, or an interest therein, within the heritage area by gift or devise, or by purchase from a willing seller with money which was donated, bequeathed, appropriated, or otherwise made available to the management entity on the condition that such money be used to purchase real property, or interest therein, within the heritage area. (ii) Any real property or interest therein acquired by the management entity pursuant to this paragraph shall be conveyed in perpetuity by the management entity to an appropriate public or private entity, as determined by the management entity. Any such conveyance shall be made as soon as practicable after acquisition, without consideration, and on the condition that the real property or interest therein so conveyed shall be used for public purposes. (6) Revision of plan.—Within 18 months after the date of enactment, the management entity shall submit to the Secretary a revised plan. Such revision shall include, but not be limited to— (A) a review of the implementation agenda for the heritage area; (B) projected capital costs; and (C) plans for partnership initiatives and expansion of community support. (f) Duties of the Secretary.— (1) Interpretive support.—The Secretary may, upon request of the management entity, provide appropriate interpretive, planning, educational, staffing, exhibits, and other material or support for the heritage area, consistent with the plan and as appropriate to the resources and associated values of the heritage area. (2) Technical assistance.—The Secretary may upon request of the management entity and consistent with the plan, provide technical assistance to the management entity. (3) Cooperative agreements and grants.—The Secretary may, in consultation with the management entity and consistent with the management plan, make grants to, and enter into cooperative agreements with the management entity, the State, City, non-profit organization or any person. (3) Plan amendments.—No amendments to the plan may be made unless approved by the Secretary. The Secretary shall 114 STAT. 967consult with the management entity in reviewing any proposed amendments. (g) Duties of Other Federal Agencies.—Any Federal department, agency, or other entity conducting or supporting activities directly affecting the heritage area shall— (1) consult with the Secretary and the management entity with respect to such activities. (2) cooperate with the Secretary and the management entity in carrying out their duties under this Act, and to the extent practicable, coordinate such activities directly with the duties of the Secretary and the management entity, (3) to the extent practicable, conduct or support such activities in a manner which the management entity determines will not have an adverse effect on the heritage area. (h) Authorization of Appropriations.— (1) In general.—There is authorized to be appropriated to carry out this section $10,000,000, except that not more than $1,000,000 may be appropriated to carry out this section for any fiscal year. (2) Matching funds.—Federal funding provided under this section shall be matched at least 25 percent by other funds or in-kind services. (i) Sunset.—The Secretary may not make any grant or provide any assistance under this section after September 30, 2015.