[Congressional Record Volume 151, Number 86 (Friday, June 24, 2005)]
[Senate]
[Pages S7379-S7380]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1010. Mr. BURNS (for Mr. Voinovich) proposed an amendment to the 
bill H.R. 2361, making appropriations for the Department of the 
Interior, environment, and related agencies for the fiscal year ending 
September 30, 2006, and for other purposes; as follows:

       On page 254, after line 25, add the following:
       Sec. 4___. None of the funds made available by this Act may 
     be used to take land into trust on behalf of an Indian tribe 
     for the specific purpose of gaming without the consent of the 
     Governor of the State in which the land is located.
                                 ______
                                 
  SA 1011. Mrs. BOXER (for Mr. Alexander (for himself and Mr. Smith)) 
proposed an amendment to the bill S. 714, to amend section 227 of the 
Communications Act of 1934 (47 U.S.C. 227) relating to the prohibition 
on junk fax transmissions; as follows:

       On page 2, line 15, strike ``and''.
       On page 2, between lines 15 and 16, insert the following:
       ``(ii) the sender obtained the number of the telephone 
     facsimile machine through--

       ``(I) the voluntary communication of such number, within 
     the context of such established business relationship, from 
     the recipient of the unsolicited advertisement, or
       ``(II) a directory, advertisement, or site on the Internet 
     to which the recipient voluntarily agreed to make available 
     its facsimile number for public distribution,

     except that this clause shall not apply in the case of an 
     unsolicited advertisement that is sent based on an 
     established business relationship with the recipient that was 
     in existence before the date of enactment of the Junk Fax 
     Prevention Act of 2005 if the sender possessed the facsimile 
     machine number of the recipient before such date of 
     enactment; and''
       On page 2, strike lines 16 through 26 and insert the 
     following:
       ``(iii) the unsolicited advertisement contains a notice 
     meeting the requirements under paragraph (2)(D),

     except that the exception under clauses (i) and (ii) shall 
     not apply with respect to an unsolicited advertisement sent 
     to a telephone facsimile machine by a sender to whom a 
     request has been made not to send future unsolicited 
     advertisements to such telephone facsimile machine that 
     complies with the requirements under paragraph (2)(E); or''.
       On page 7, line 17, strike ``(1)(C)(ii),'' and insert 
     ``(1)(C)(iii),''.
       On page 7, line 25, strike ``(1)(C)(ii)'' and insert 
     ``(1)(C)(iii)''.
                                 ______
                                 
  SA 1012. Mr. ENSIGN submitted an amendment intended to be proposed by 
him to the bill H.R. 2361, making appropriations for the Department of 
the Interior, environment, and related agencies for the fiscal year 
ending September 30, 2006, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 254, after line 25, add the following:
       Sec. 4___. (a) In this section:
       (1) The term ``Federal land'' means the approximately 115 
     acres of Bureau of Land Management land identified on the map 
     as ``Lands identified for Las Vegas Speedway Parking Lot 
     Expansion''.
       (2) The term ``map'' means the map entitled ``Las Vegas 
     Motor Speedway Improvement Act'', dated February 4, 2005, and 
     on file in the Office of the Director of the Bureau of Land 
     Management.
       (3) The term ``Secretary'' means the Secretary of the 
     Interior.
       (b)(1) If, not later than 30 days after the date of 
     completion of the appraisal required under paragraph (2), 
     Nevada Speedway, LLC, submits to the Secretary an offer to 
     acquire the Federal land for the appraised value, 
     notwithstanding the land use planning requirements of section 
     202 and 203 of the Federal Land Policy and Management Act of 
     1976 (43 U.S.C. 1712, 1713), the Secretary shall, not later 
     than 30 days after the date of the offer, convey to Nevada 
     Speedway, LLC, the Federal land, subject to valid existing 
     rights.
       (2)(A) Not later than 90 days after the date of enactment 
     of this Act, the Secretary shall complete an appraisal of the 
     Federal land.
       (B) The appraisal under subparagraph (A) shall be conducted 
     in accordance with--
       (i) the Uniform Appraisal Standards for Federal Land 
     Acquisitions; and
       (ii) the Uniform Standards of Professional Appraisal 
     Practice.
       (C) All costs associated with the appraisal required under 
     subparagraph (A) shall be paid by Nevada Speedway, LLC.
       (c) Not later than 30 days after the date on which the 
     Federal land is conveyed under subsection (b)(1), as a 
     condition of the conveyance, Nevada Speedway, LLC, shall pay 
     to the Secretary an amount equal to the appraised value of 
     the Federal land, as determined under subsection (b)(2).
       (d) As a condition of the conveyance, any costs of the 
     conveyance under subsection (b)(1) shall be paid by Nevada 
     Speedway, LLC.
       (e) If Nevada Speedway, LLC, or any subsequent owner of the 
     Federal land conveyed under subsection (b)(1), uses the 
     Federal land for purposes other than a parking lot for the 
     Nevada Speedway, all right, title, and interest in and to the 
     land (and any improvements to the land) shall revert to the 
     United States at the discretion of the Secretary.
       (f) The Secretary shall deposit the proceeds from the 
     conveyance of Federal land under subsection (b)(1) in 
     accordance with section 4(e)(1) of the Southern Nevada Public 
     Land Management Act of 1998 (112 Stat. 2345).
       (g)(1) Except as provided in subsection (b)(1) and subject 
     to valid existing rights, the Federal land is withdrawn 
     from--
       (A) all forms of entry, appropriation, and disposal under 
     the public land laws;
       (B) location, entry, and patent under the mining laws; and
       (C) operation of the mineral leasing, mineral materials, 
     and geothermal leasing laws.

[[Page S7380]]

       (2) The withdrawal of the Federal land under paragraph (1) 
     shall be in effect for the period beginning on the date of 
     enactment of this Act and ending on the earlier of--
       (A) the date that is 2 years after the date of enactment of 
     this Act; or
       (B) the date of the completion of the conveyance of Federal 
     land under subsection (b)(1).
                                 ______
                                 
  SA 1013. Mr. ENSIGN submitted an amendment intended to be proposed by 
him to the bill H.R. 2361, making appropriations for the Department of 
the Interior, environment, and related agencies for the fiscal year 
ending September 30, 2006, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 254, after line 25, add the following:
       Sec. 4___. None of the funds made available to the Forest 
     Service under this Act shall be expended or obligated for any 
     activity relating to the demolition of buildings at the 
     Zephyr Shoals property, Lake Tahoe, Nevada.
                                 ______
                                 
  SA 1014. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill H.R. 2361, making appropriations for the Department of 
the Interior, Environment, and related agencies for the fiscal year 
ending September 30, 2006, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 234, line 5, strike ``127,605,000'' and insert 
     ``122,156,000''
       On page 130, line 24, strike ``766,564,000'' and insert 
     ``772,013,000''.
                                 ______
                                 
  SA 1015. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill H.R. 2361, making appropriations for the Department of 
the Interior, Environment, and related agencies for the fiscal year 
ending September 30, 2006, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 233, line 9, strike ``126,264,000'' and insert 
     ``121,264,000''.
       On page 234, line 5, strike ``127,605,000'' and insert 
     ``122,156,000''
       On page 130, line 24, strike ``766,564,000'' and insert 
     ``777,013,000''.
                                 ______
                                 
  SA 1016. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill H.R. 2361, making appropriations for the Department of 
the Interior, Environment, and related agencies for the fiscal year 
ending September 30, 2006, and for other purposes; which was ordered to 
lie on the tale; as follows:

       On page 133, strike lines 16 through 22.
       On page 139, strike lines 18 through 26.
       On page 150, line 22, strike ``86,005,000'' and insert 
     ``30,000,000''.
       On page 207, strike lines 4 through 12.
                                 ______
                                 
  SA 1017. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill H.R. 2361, making appropriations for the Department of 
the Interior, Environment, and related agencies for the fiscal year 
ending September 30, 2006, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 133, strike lines 16 through 22.
       On page 139, strike lines 18 through 26.
       On page 150, line 22, strike ``86,005,000'' and insert 
     ``30,000,000''.
       On page 207, strike lines 4 through 12.
       On page 216, strike ``2,732,323,000'' and insert 
     ``2,886,330,000''.
       At the appropriate place, insert the following:
       Provided further, That of the funds provided to the Indian 
     Health Service, no less than $227,000,000 shall be made 
     available for the Special Diabetes Program for Indians, and 
     no less than $216,080,000 shall be made available for the 
     Alcohol and Substance Abuse Program.
                                 ______
                                 
  SA 1018. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill H.R. 2361, making appropriations for the Department of 
the Interior, Environment, and related agencies for the fiscal year 
ending September 30, 2006, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the appropriate place, insert the following:
       Provided further, That none of the funds in this or any 
     other Act may be used for the acquisition of land for 
     inclusion in the Deep Fork National Wildlife Refuge.
                                 ______
                                 
  SA 1019. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill H.R. 2361, making appropriations for the Department of 
the Interior, Environment, and related agencies for the fiscal year 
ending September 30, 2006, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 133, strike lines 16 through 22.
       On page 139, line 24, strike ``40,827,000'' and insert 
     ``8,827,000''.
       On page 150, line 22, strike ``86,005,000'' and insert 
     ``54,005,000''.
       On page 207, strike lines 4 through 12.
       On page 216, strike ``2,732,323,000'' and insert 
     ``2,853,498,000''.
       At the appropriate place, insert the following:
       Provided further, That of the funds provided to the Indian 
     Health Service, no less than $210,000,000 shall be made 
     available for the Special Diabetes Program for Indians, and 
     no less than $200,248,000 shall be made available for the 
     Alcohol and Substance Abuse Program.

                          ____________________