USVI Public Records

Document text

II It 1111112 111111---= PAS? -3 81/2"x11" PHOTOGRAPHIC GENERAL TARGET NBS 1010a ANSI/ISO 02 EQUIVALENT 0, 1,1 4.* ,,,10 `*. . \9), S T6p Film Identification C ury ( St117 11d" r - 1301 Geneva Avenue St Paul, MN 55119 PRECISION' RESOLUTION TARGETS Na 150 MM 6" 0 . ° 1:1 C' vti - ti tf:t .16.1. 404 I .1 \ Oi I P 1 I N. s TOP ----I 4 PUBLIC LAW 102-247-FEB. 24.1992 Public Law 102-247 102d Congress An Act To provide for the establishment of the St. Croix. Virgin Islands Historical Park an I Ecological Preserve, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHOUT TITLE. This Act may be cited as the "Omnibus Insular Areas Act of 1992". TITLE I-SALT RIVER RAY NATIONAL HISTORICAL PARK AND ECOLOGICAL PRESERVE AT ST. CROIX, VIRGIN ISLANDS SEC. 101. SHORT TITLE. This title may be cited as the "Salt River Bay National Historical Park and Ecological Preserve at St. Croix, Virgin Islands, Act of 1992". SEC. 102. FINDINGS. The Congress finds that the Salt River Bay al ea of the north central coast of St. Cr, x, United States Virgin Islands- (1) has been inhabited, possibly as far back as 2000 B.C., and encompasses all major cultural periods in the United States Virgin Islands; (2) contains the only ceremonial ball court ever discovered in the Lesser Antilles, village middens, and bur I grounds which can provide evidence for the interpretation of Caribbean life prior to Columbus; (3) is the only known site where members of the Columbus expeditions set foot on what is now United States territory; (4 was a focal point of various European attempts to colonize the area during the post-Columbian period and contains sites of Spanish, French, Dutch, English, and Danish settlements, including Fort Sale, one of the few remaining earthwork for- tifications in the Western Hemisphere; (5) presents an outstanding opportunity to preserve and inter- pret Caribbean history and culture, including the impact of European exploration and settlement; (6) has been a national natural landmark since February 1980 and has been nominated for acquisition as a nationally significant wildlife habitat; (7) contains the largest remaining mangrove forest in the United States Virgin Islands and a variety of tropical marine and terrestrial ecosystems which should be preserved and kept unimpaired for the benefit of present and future generations; and (8) is worthy of a comprehensive preservation effort that should be carried out in partnership between the Federal Gov- ernment and the Government of the United States Virgin Islands. 11)6 STAT. 33 nabs 24. 1992 R. 29271 Omnibus Insular Areas Act of 1992 16 USC 410tt note Salt Aver Ray National Historical Park and Ecological Preserve at St Croix, Virgin Islands. Act of 1992. 16 US(' 410tt note 16 USC 410tt , e-'3 P e 8 (11 106 STAT. 34 PUBLIC LAW 102-247-FEB. 24, 1992 16 US(' 41011-1. SEC. 103. SALT RIVER BAY NATIONAL HISTORICAL PARK AND ECOLOGICAL PRESERVE AT ST. CROIX, VIRGIN ISLANDS. (a) ESTABLISHMENT.-In order to preserve, protect, and interpret for the benefit of present and future generations certain nationally significant historical, cultural, and natural sites and resources in the Virgin Islands, there is established the Salt River Bay National Historical Park and Ecological Preserve at St. Croix, Virgin Islands (hereafter in this Act referred to as the "park"). (b) AREA INCLUDED -The park shall consist of approximately 912 acres of land, waters, submerged lands, and interests therein within the area generally depicted on the map entitled "Salt River Study Area-Alternative 'C'" in the "Alternatives Study and Environmental Assessment for the Columbus Landing Site, St. Croix, U.S. Virgin Islands", prepared by the National Park Service and dated June 1990. The map shall be on file and available for public inspection in the offices of the National Park Service, Department of the Interior, And the Offices of the Lieutenant lip ernor of St Thomas and St. Croix, Virgin Islands. 16 US(' 4100-2 SEC. IOC ACQUISITION OF LAND. (a) GENERAL AUTHORITY.-The Secretary of the Interior (hereafter in this title referred to as the "Secretary") may acquire land and interests in land within the boundaries of the park by donation, purchase with donated or appropriated funds, or exchange. Nothing in this section shall he construed to prohibit the Government of the United States Virgin Islands from acquiring land or interest in land within the boundaries of the park. (b) LIMITATIONS ON AUTHORITY.-Lands, and interests in lands, within the boundaries of the park which are owned by the United States Virgin Islands, or any political subdivision thereof, may be acquired only by donation or exchange. No lands, or interests therein, containing dwellings lying within the park boundary as of July 1, 1991, may be acquired without the consent of the owner, unless the Secretary determines, after cons-Ration with the Govern- ment of the United States Virgin Islands, that the land is being developed or proposed to be developed in a manner which is det- rimental to the natural, scenic, historic, and other values for whi the park was established. 16 USC 4100.3 SEC. 106. ADM IN IS ['RATION. (a) IN GENEHAL.-The park shall be administered in accordance with this title and with the provisions of law generally applicable to units of the national park system, including, but not limited to, the Act entitled "An Act to establish a National Park Service, and for other purposes", approved August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2-4) and the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 46' -467). In the case of any conflict between the provi- sions of this Act and such generally applicable provisions of law, the provisions of this Act shall govern. (b) COOPERATIVE Aol,EEMENTs. -The Secretary, after consulting with the Salt River Bay National Historical Park and Ecological Preserve at St. Croix, Virgin Islands, Commission (hereafter in this Act referred to as the "Commission') established by section 106 of this title, is authorized to enter into cooperative agreements with the United States Virgin Islands, or any political subdivision thereof, for the management of the park and for other purposes. Il 4. f I ' PUBLIC LAW 102-247-FEB. 24, 1992 106 STAT. 35 (c) GENERAL MANAGEMENT PLAN.-(1) Not later than 3 years after the date funds are made available for this subsection, the Secretary, in consultation with the Commission, and with public involvement, shall develop and submit to the Committee on Energy and Natural Resources of the Uniteo States Senate and the Commit- tee on Interior and Insular Affairs of the United States House of Representatives a general management plan for the park. The general management plan shall describe the appropriate protection, management, uses, and development of the park consistent with the purposes of this title. (2) The general management plan shall include. but not be limited to, the following. (A) Plans for implementation of a continuing program of interpretation and visitor education about the resources and values of the park. (B) Proposals for visitor use facilities to be developed for the park. (C) Plans for management of the natural and cultural resources of the park, with particular emphasis on the preserva- tion Lion of both the cultural and natural resources and long-term scientific study of terrestrial, marine, and archeological resources, giving high priority to the enforcement of the provi- sions of the Archeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.) and th.. National Historic Preservation Act (16 U.S.C. 470 et seq.) within the park. The natural and cultural resources management plans shall be prepared in con- sultation with the Virgin Islands Division of Archeology and Historic Preservation. (D) Proposals for assessing the potential operation and supply of park concessions by qualified Virgin Islands-owned businesses. (El Plans for the training of personnel in accordance with subsection (e). (d) TRAINING AssisT P.m:E.-During the 10-year period beginning on the date of enactment of this title, the Secretary shall, subject to appropriations, provide the funds for the employees of the Gov- ernment of the United States Virgin Islands directly engaged in e joint management of the park and shall implement, in con- 41111 Ration with the Government of the United States Virgin Islands, program under which Virgin Islands citizens may be trained in all phases of park operations and management: Provided, how ever, That in no event shall the Secretary provide more than 50 percent of the funding for such purposes. A primary objective of the program shall be to train employees in the skills necessary for operating and managing a Virgin Islands Territorial Park System. SEC. 106. SALT RIVER BAY NATIONAL HISTORICAL PARK AND Ili USC ECOLOGICAL PRESERVE AT ST. CROIX, VIRGIN ISLANDS. COMMISSION. (a) ESTABLISHMENT. -There is establish( a commission to be known as the Salt River Bay National Historical Park and Ecological Preserve at St. Croix, Virgin Islands. Commission. (b) Dunes.-The Commission shall- (1) make recommendations on how all lands and waters within the boundaries of the park can be jointly managed )c- .. .L -,, ,-.----I d .... L9 / I r-....., .. 410a-4. /7 . 106 STAT. 36 PUBLIC LAW 102-247-FEB. 24, 1992 Federal Register. publication by the governments of the United States Virgin Islands and the United States in accordance with this title; (2) consult with the Secretary on the development of the general management plan required by section 105 of this title; and (3) provide advice and recommendations to the Government of the United States Virgin Islands, upon request of the Govern- ment of the United States Virgin Islands. (c) MEMBERSHIP -The Commission shall be composed of 10 mem- bers, as follows: (1) The Governor of the United States Virgin Islands, or the designee of the Governor. (2) The Secretary, or the designee of the Secretary. (3) Four members appointed by the Secretary. (4) Four members appointed by the Secretary from a list provided by the Governor of the United States Virgin Islands, ut least one of whom shall be a member of the Legislature of the United States Virgin Islands. Initial appointments made under this subsection shall be math. within 120 days after the date of enactment of this title, except that the appointments made under paragraph (4) shall be made within 120 days after the date on which the Secretary receives such list. (d) TERMS. -The members appointed under paragraphs (3) and (4) shall be appointed for terms of 4 years. A member of the Commission appointed for a definite term may serve after the expiration of the member's term until a successor is appointed. A vacancy in the Commission shall be filled in the same manner in which the original appointment was made and shall be filled within 60 days after the expiration of the term. (e) CHAIR.-The Chair of the Commission shall alternate annually between the Secretary and the Governor of the United States Virgin Islands. All other officers of the Commission shall be elected by a majority of the members of the Commission to serve for terms established by the Commission. (f) MEETINGS.-The Commission shall meet on a regular basis or at the call of the Chair. Notice of meetings and agenda shall be published in the Federal Register and local newspapers having a distribution that generally covers the United States Virgi Islands. Commission meetings shall be held at locations and in such a manner as to ensure adequate public involvement. (g) EXPENSES.- Members of the Commission shall serve without compensation as such, but the Secretary may pay each member of the Commission travel expenses, including per diem in lieu of subsistence, in accordance with section 5703 of title 5, United States Code. Members of the Commission who are full-time officers or employees of the United States or the Virgin Islands Government may not receive additional pay, allowances, or benefits by reason of their service on the Commission. The Secretary shall provide the Commission with a budget for travel expenses and staff, anti guidelines by which expenditures shall be accounted for. (h) FEDERAL ADVISORY COMMITTEE ACT. -Except with respect to the provisions of section 14(b) of the Federal Advisory Committee Act, and except as otherwise provided in this title, the provisions of the Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Commission. 21 Le. / . 1 7 PUBLIC LAW 102-247-FEB. 24, 1992 106 STAT. 37 (i) TERMINATION.-The Commission shall terminate 10 years after th, date of enactment of this title unless the Secretary determines that it is necessary to continue consulting with the Commission in carrying out the purposes of this title. SEC. 107. AUTHORIZATION OF APPROPRIATIONS. it; USC 4 lOtt-5 There is authorized to be appropriated such suns as may be necessary to carry out this title. SEC. 201. DEFINITIONS. 42 USC 5204 As used in this title- (1) the term "insular area" means any cf the following: Amer- ican Samoa, the Federated States of Micronesia, Guam, the Marshall Islands, the Northern Mariana Islands, the Trust Territory of the Pacific Islands. and the Virgin Islands; 4111 (2) the term "disaster" means a declaration of a major disaster by the President after September 1, 1989, pursuant to section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170); and (3) the term "Secretary" means the Secretary of the Interior. SEC. 202. AUTHORIZATION. There are hereby authorized to be appropriated to the Secretary such sums as may be necessary to- (1) reconstruct essential public facilities damaged by disasters in the insular areas that occurred prior to the date of the enactment of this Act; and (2) enhance the survivability of essential public facilities in the event of disasters in the insular areas, except that with respect to the disaster declared by the President in the case of Hurricane Hugo, September 1989, amounts for any fiscal year shall not exceed 25 percent of the estimated aggregate amount of grants to be made under sections 403 and 406 of The Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170h, 5172) for such disaster. Such sums shall remain available until expended. 203. TECHNICAL ASSISTANCE. a) Upon the declaration by the President of a disaster in an Or. insular area, the President, acting through the Director of the Federal Emergency Management Agency, shall assess, in coopera- tion with the Secretary and chief executive of such insular area, the capability of the insular government to respond to the disaster, including the capability to assess damage; coordinate activities with Federal agencies, particularly the Federal Emergency Management Agency; develop recovery plans, including recommendations for enhancing the survivability of essential infrastructure; negotiate and manage reconstruction contracts; and prevent the misuse of funds. If the President finds that the insular government lacks any of these or other capabilities essential to the recovery effort, then the President shall provide technical assistance to the insular area which the President deems necessary for the recovery effort. (b) One year following the declaration by the President of a disaster in an insular area, the Secretary, in consultation with the Director of the Federal Emergency Management Agency, shall TITLE II-INSULAR AREAS DISASTER SURVIVAL ANI) RECOVERY 42 USC 5204a. 42 US(' .')204b President Reports 5 ° - a 7 , '00V 106 STAT. 38 PUBLIC LAW 102-247-FEB. 24, 1992 submit to the Senate Committee on Energy and Natural Resources and the House Committee on Interior and Insular Affairs a report on the status of the recovery effort, including an audit of Federal funds .expended in the recovery effort and recommendations on how to improve public health and safety, survivability of infrastruc- ture, recovery efforts, and effective use of funds in the event of future disasters. 42 USC 5204c SEC. 204. HAZARD MITIGATION. The total of contributions under the last sentence of section 404 of The Robert T. Stafford Disaster Relief and Emergency Assist- ance Act (42 U.S.C. 5170c) for the insular areas shall not exceed 10 percent of the estimated aggregate amounts of grants to be made under sections 403, 406, 407, 408, and ,11 of such Act for any &master. Provided, That the President shall require a 50 percent local match for assistai in excess of 10 percent of the estimated aggregate amount of grants to be made under section 406 of such Act for any disaster. Pesident Reports SEC. 206. TECHNICAL AMENDMENT. Paragraphs (3) and (4) of section 102 of The Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122) are each amended by inserting after "American Samoa,- the fol- lowing: "the Northern Mariana Islands,". TITLE III-MISCELLANEOUS PROVISIONS SEC. 301. AMERICAN SAMOA WATER AND POWER STUDY. (a) The Secretary of the Interior shall undertake a comprehensive study, or as appropriate review and update existing studies, to determine the cur;ent and long-term water, power, and wastewater needs of American Samoa. Such study shall be conducted in con- sultation with the American Samoa government, and in consultation with those Federal agencies which have recent experience the water, power and wastewater needs of American Samoa. (b) The Secretary of the Interior shall report the resit:Ls of this study to the Committee on Energy and Natural Resources of the United States Senate and the Committee on Interior and Instil. re Affairs of the United States House of Representatives, befo December 31. 1992. The report shall include- (1) an assessment of the water, power and wastewater needs of American Samoa both currently, and for the year 2000; (2) an assessment of, and recommendations regarding, how these needs can be met; (3) an assessment of, and recommendations regarding, any additional legal authority or funding which ratty be necessary to meet these needs; and (4) an assessment of, and recommendations regarding, the respective roles of the Federal and American Samoa govern- ments in meeting these needs. 4$ USC 1469e SEC. 302. INSULAR GOVERNMENT PURCHASES. The Governments of American S unoa, Guam, the Northern Mari- ma Islands, the Trust Territory of the Pacific Islands, and the Virgin Islands are authorized to make purchases through the Gen- eral Services Administration. ( hl with 7 /. \ I V tie J 11111 PUBLIC LAW 102-247-FEB. 24, 1992 106 STAT. 39 SEC. 303. FREELY ASSOC, 'ED STATE CARRIER (a) In furtherance of the objectives of the Compact of Free Associa- tion Act of 1985 (Public Law 99-239) and notwithstanding any other provision of law, a Freely Associated State Air Carrier shall not be precluded from providing transportation, between a place in the United States and a place in a state in free association with the United States or between two places in such a freely associated state, by air of persons (and their personal effects) and property procured, contracted for, or otherwise obtained by any executive department or other agency or instrumentality of the United States for its own account or in furtherance of the purposes or pursuant to the terms of any contract, agreement, or other special arrangement made or entered into under which payment is made by the United States or payment is made from funds appropriated, owned, controlled, granted, or conditionally granted, or utilized by or otherwise established for the account of the United totes, or shall be furnished to or for t' e account of any foreign ation, or any international agency, or other organization of what- ever nationality, without provisions for reimbursement. (b) The term "Freely Associated State Air Carrier" shall apply exclusively to a carrier referred to in Article IX(5)(b) of the Federal Programs and Services Agreement concluded pursuant to Article II of Title Two and Section 232 of the Compact of Free Association. SEC. 304. MARSHALL ISLANDS FOOD ASSISTANCE. Section 103(h)(2) of the Compact of Free Association Act of 1985 (48 U.S.C. 1681 note) is amended by striking out "five" and inserting in lieu thereof "ten". SEC. 305. NORTHERN MARIANAS COLLEGE. Section 9(a) of Public Law 99-396 is amended by striking out the period at the end and inserting in lieu thereof the following: "and in subsection (b), by striking out 'and Micronesia' each place it appears and inserting in lieu thereof 'Micronesia, and the North- ern Mariana Islands' and by striking out 'and to Micronesia' and inserting in iieu thereof Micronesia, and to the Northern Mariana ands'.... Approved February 24, 1992. LEGISLATIVE HISTORY II R 2927 HOUSE REPORTS No 192-445 ,Comm on Interior and Insular Affairs, SENATE REPORTS No 102 -243 ,Comm on Energy and Natural Resources, CONGRESSIONAL RECORD Vol 137 1 1991 r Nov 5. considered and passed House Vol 13$ i1992r Jan 31. considered and passed Senate. amended Feb 4. House concurred in Senate amendment WEEKLY COMr'LATION OF PRESIDENTIAL DOCUMENTS. Vol 2> 1!92, Feb 24. Presidential statement Transportation 4$ US(' 1651 note 7 USC 301 note I / \\:,>/ . /^N - P L /02 -2i/7 H R 2927 One %unclad ,Second Congress of the mitres states of amain AT THE SECOND SESSION 8,, and hold as Our car; if If ado.....tton Friday. ilia hosed Jay of Ja^40,-.. one "teased nose hundred and marry -lien AN Act To root& for the arlablialunent of the St Crow Virin, Islands Flistoncal Ecology-al Resew. and for other purposes Be it enacted by the Senate and House of Representatives of the ttniae. States ofAmerica in Congress assembled. SECTION 1. SHORT Trr2Z. This Act may be cited as the "Omnibus Insular Areas Act of 1992. TITLE I-SALT RIVER BAY NATIONAL HISTORICAL PAW( AND ECOLOGICAL PRESERVE AT ST. CROIX VIRGIN ISLANDS SEC. 101. SHORT 'n-r1..E. This title may be cited as the "Salt River Bay National Historical Park and Ecological Preserve at St Croix, Virgin Islands, Act of 1992" SEC. 102 FiNDING. The Congress finds that the Salt River Bay area of the north central coast of St. Croix. United States Virgin Island,- (I) has been inhabited, possibly as back as 2000 13 C , and encompasses all major cultural periods in the United States Virgin Islands, (2) contains the only ceremonial ball court ever discovered in the Lesser Antilles, v,..lage middens, and ourial grounds which can provide evolence for the interpretation of Caribbean lift prior to Columbus. 131 is the only known site where members of the Columbus expeditions set fc ,n what is now United States territory; 14 was a focal "( various European attempts to colonise the area during the post-Columbian period aria contains sites of Spanish. Preach, Dutch, English, and Danish settlements. including Fort Sale. one of the few remaining earthwork for in the Western Hemisphere; (51 pnw... r an outstanding opportunity to preserve and inter- pret Caribbean history and cultuee, includint the impact of European exploration and settlement; (fi) has been a national natural landmark since February tblta) and has been nominated for acquisition as nationally significant wildlife habitat (7) contains the largest remaining cnangrov , forest in the United States Virgin Isla.ida and variety 6: tropical marine and terrestrial ecosystems which should be preserved and kept unimpaired for the benefit of present and future generations, and (8) is worthy of a comprehensive preservation effort that should be carried out in partnership between the Federal Gov ernment and the Government of the United States Virgin Islands A;ts./ye.., 4. ' Park and far tiori.:t tifications rd 7 r / / H R 29'27 -2 SEAL 103. SALT RIVER BAY NATIONAL HISTORICAL PARE AND ECOLOGICAL PRESERVE AT ET. CROIX. VIRGIN ISLANDS (a) ESTABLISHMENT -In order to preserve, protect, and interpret for the benefit of present and future generations certain nationally significant hisizirical, cultural, and natural sites and resourcesin the Virgin Islands, there is established the Salt River Bay National Historical Park and Ecological Preserve at St. Croix, Virgin Islands (hereafter in this Act referred to as the "pare). (b) ARLA Iriaimen -The park shall consist of approximately 912 acres of land, waters. submerged lands, and interests therein within the area generally depicted on the map entitled -Salt Rives Study Area - Alternative 'C'" in the -Alternatives Study and Environmental Assessment for the Columbus lending Site, St. Croix, U S Virgin Islands'', prepared by the National Park Service and dated June 1990. The map shall be on file and available for public inspection in the offices of the National Park Service. Department of the Interior, and the Offices of the Lieutenant Gov- ernor of St Thomas and St. Croix, Virgin Islands SEC. IOC. ACQUISITION OF LAND. (a) GENERAL AUTHOhrrY -The Secretary of the Interior (hereafter in this title referred to as the "Secretary-) may acquire land and interests in land within the boundaries of the park by donation, purchase with donated or appropriated funds, or exchange. Nothing in this section shall be construed to prohibit the Government of the United States Virg a Islands from acquiring land or Interest in land within the boundaries of the park. (b) LIMITATIONS ON A LTNORITY --Lands, and interests in lands, within the boundaries of the park which are owned by the United States Virgin Islands, or any political subdivision thereof, may be acquired only by donation or exchange No lands, or interests therein, containing dwellings lying within the park boundary as of July 1. 1991. may be acquired without the consent of the owner, unless the Secretary determines, after consultation with the Govern- ment of the United States Virgin Islands. that the land is being developed or proposed to be developed in manner which is det- rimental to the natural, scenic, historic, and other values for which the park was established Sec. 11$. ADMINISTRATION (a) IN G1NERAL -The park shall be administered in accordance with this title and with the provisions of law generally applicable to units of the national park system, including, but not limited to, the Act entitled "An Act tr establish National Park Service, and for other purposes", approver; August 25. 1916 (39 Stat. 535; 16 U S.C. 1, 2-4) and the Act of August 21, 1935 (49 Stat. 666; 16 U S C 461-467). In the case of any conflict between the provi- sions of this Act and such generally applicable provisions of law, the provisions of this Act shall govern. (b) CooPeitanve AGREEMENT'S -The Secretary, after consulting with the Salt River Bay National Historical Park and Ecological Preserve at St. Croix, Virgin Islands, Commission (hereafter in this Act referred to as the "'Commission") established by section 106 of this title, is authorized to enter into cooperative agreements with the United States Virgin Islands, or any political subdivision thereof. for the management of the park and for other purposes A 4 ' 1 . 41 H R 2927-3 (c) GENERAL MANAGEMENT PLAN.-(1) Not later than 3 years after the date funds are made available for this subsection, the Secretary, in consultation with the Commission, and with public involvement, shall develop and submit to the Committee on Energy and Natural Resources of the United States Senate and the Commit- tee on Interior and Insular Affairs of the United States Hoist of Representatives general management plan for the wk. The general management pier shall describe the appropriate protection, management, uses, and development of the park consistent with the purposes of this title (2) The general management plan shall include, but not be limited to. the following ( /1/4) Plans for implementation of continuing program of interpretation and visitor education about the resources and values of the para. (B) Proposals for visitor use facilities to be developed for the park. (C) Plans for management of the natural and cultural resources of the park, with particular emphasis on the preserv tion of both the cult Ind and natural resources and long term scientific study of terrestrial, marine, and archeological resources, giving high priority to the enforcement of the provi- sions of the Archeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.) and the National Historic Preservation Act (16 U.S.C. 470 et seq.) within the park. The natural and cultural resources management plans shall be prepared in con- sultation with the Virgin Islands Division of Archeology and Historic Preservation. (D) Proposals for assessing the potential operation and supply of park concessions by qualified Virgin Islands owned businesses (E) Flans for the training of personnel in accordar a with subsea-tier (). (d) TRAINING AssierTAPAR -During the 10-year period beginning on the date of enactment of this title, the Secretary shall, subject to appropriations, provide the funds for the employees of the Gay ernment of the United States Virgin Islands directly engaged in the joint management of the park and shall implement, in con- sultation with the Government of the United States Virgin Islands, program uncle which Virgin Islands citizens may be trained in all phases of park operations and management. Provided, how- ever, That in no event shall the Secretary provide more than 50 percent of the funding for such purposes A primal, objective of the program shall be to train employee. in the skills necessary for operating and managing Virgin Islands Territorial Park System. SEC 101t SALT RIVER BAY NATIONAL HISTORICAL PARS AND ECOLOGICAL PRESERVE AT ST. CROIX, VIRGIN ISLANDS. COMMISSION (a) EsTanusitaatxr -There is established commission to be known as the Salt River Bay National Historical Park and Ecological Preserve at St Croix. Virgin Islands. Commission. (b) Denies. -The Commission shall- (1) make recommendations on how all lands and waters within the boundaries of the park can be jointly managed ° . H R 2927-4 by the governments of the United States Virgin Islands anu the United States in accordance with this title; (2) consult with the Seem... on the development of the general management plan required by section 105 of this title; and (3) provide advice and recommendations to the Government of the United States Virgin Islands, upon request of the Govern- ment of the United L,...tes Virgin Islands. (c) MEMBERSHIP -The Commission shall be composed of 10 mem- bers, as follows (1) The Governor of the United States Virgin Islands, or the designee of the Governor. (2) The Secretary, or the designee -f the Secretary i31 your me.nberr appointed by the Secretary. (4) Four members appointed by the Secretary from list provided by the Governor of the United States Virgin Islands, at 'east one of whom shall t.. a member of the Legislature of the United States Virgin Islands. Initial appointments made under this subsection shall be made within 120 days after the date of enactment of this title, except that the appointments made under paragraph (4) shall be made within 120 days after the date or which the Secretary receives such list. (d) TERMS -The members appointed under paragraphs (3) and (4) sr.r11 be appointed fo.- terms of 4 years A member of the Commission appointed for a definite term may serve after the expiration of the member's term until a successor is appointed. A vacancy in :he Commission shall be filled in the same manner in which the origina: appointment was made and shall be filled within 60 days after the expiration of the term (e) CHAIR -The Chair of the Commission shall %herniae annually between the Secretary and the Governor of the United States Virgin Islands. All other off cere of the Commission shall be elected by majority of the members of the Commission to serve for terms established by the Commission. (f) MEETINGS. -The Commission shall meet or regular basis or at the call of the Chair. Notice of meetings and agenda shall be published in the Federal Register and local newspapers having distribution that generally covers the United States Virgin Islands. Commission meetings shall be held at locations and in such manner as to ensure adequate public involvement. (g) EXPENSES -Members of the Commission shall serve without compensation as such, but the Secretary may pay each member of the Commission travel expenses, including per diem in lieu of subsistence, in accordance with section 57J3 of title 5, United States Code. Members of the Commission who are full-time officers or employees of the United States or the Virgin Islands Government may not receive additional pay, allowances, or benefits by reason of their service on the Commission The Secretary shall provide the Commission with a budget for travel expenses and staff, and guidelines by which expenditures shall be accounted for (h) FEDERAL ADVISORY COMMITTEE ACT.-Except with respect to the provisions of section 14(b) of the Federal Advisory Committee Act, and except as otherw-as provided in this title the provisions of the Federal Advisory Committee Act (5 U S C App ) shall apply to the Commission. 1 . I. . .1 . P It 2927-5 (i) TERMINATION. -The Commission shah terminate 10 years after the date of enactment of this title unless the Secretary determines that it is necessary to continue consulting with the Commission in carrying out the purposes of this title. SEC. 107. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated such sums as may be necessary to carry out this title. TITLE 11- INSULAR AREAS DISASTER SURVIVAL AND RECOVERY SEC. 7D1. DEFINMONS. As used in this title- (1) the term "insular area" means any of the following Amer ican Samoa. the Federated States of Micronesia, Guam, the Marshall Islands, the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and the Virgin 'elands: (2) the term "disaster" :means declaration major disaster by the President after September 1. 1989, pursuant to section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170;; and (3) the term " Secretary" means the Secretary of the Interior SEC. SDI AUTHORIZATION. There are hereby authorized to be appropriated to the Secretary such sums as may be necessary to- (1) reconstruct essential public facilities damaged by disasters in the insular areas that occurred prior to the date of the enactment of this Act; and (2) enhance the survivability of essential public facilities in the event of disasters in the insular areas, except hat with respect to the disaster declared by the President in the case of Hurricane Hugo. September 1989. amounts for any fiscal year shall not exceed 25 percent of the estimated aggregate amount of grants to be made under sections 403 and 406 of The Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S C 5170b. 5172) for such disaster Such sums shall remain available until expended. SEC. 1103. TECHNICAL ASSISTANCE. (a) Upon the declaration by the President of disaster in an insular area, the President, acting through the Director of the Federal Emergency Management Agency, shall assess, in cooper.. tion with the Secretary and chief executive of such .nsular Area, the capability of the insular government to respond to the disaster, including the capability to assess dan.age; coordinate activities with Federal age.icies, particularly the Federal Emergency Management Agency, develop recovery plans, including recommendations for enhancing the survivability of essential infrastructure; negotiate and Annie reconstruction contracts, and prevent the misuse of funds If the President finds that the insular government lacks any of these or other capabilities essential to the recovery effort, then the President shall provide technical assistance to the insular area which the President deems necessary for the r -very effort. (b) One year following the declarenon by the President of disaster in an insular area, the Secretary, in consultation with the Director of the Federal Em.urgency Management Agency, shall s t of a .A4 : H R 2927-6 submit to the Senate Committee on Energy and Natural Resources and the House Committee on Interior and Insular Affairs a report on the stews of the recovery effort, including an audit of Federal funds expended in the recovery effort and recommendations on how to improve public health and safety, survivability of infrastruc- tu-e, recovery efforts, and effective use of funds in the event of future disasters,. SEC. 904. HAZARD: MITIGATION The tats! of contributions under the last sentence of section 404 of The Rob rt T. Stafford Disaster 'toner and Emergency Assist- ance Act (42 U.S.C. 517(k) for the insular areas shall not exceed 10 percent of the estimated aggregate amounts of grants to be made under "action 403, 406, 407, 406, and 411 of such Act for any disaster: Provided The. the President shall require 50 percent local match for assistance in excess of 10 percent of the estimated aggregate amount of grants to be made under section 406 of such Act for any disaster SEC. 206. TECHNICAL AMENDMENT. Paragraphs (3) and (4) of section 102 of The Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122) are each amended by inserting after "American Samoa," the fol- lowing "the Northern Mariana Islands, ". TITLE 111 -MISCELLANEOUS PROVISIONS SEC. 301. AMERICAN SAMOA WATER AND POWER fITUDY. (a) The Secretary of the Interior shall under'..ake comprehensive study, or as appropriate review and update existing studies, to determine the current and long-term water, power, and wastewater needs of American Samoa. Such study shall be conducted in con- sultation with the American Samoa government, and in consultation with those Federal agencies which hero recent experience with the water, power and wastewater needs of American Samoa. (hi The Secretary of the Interior shall report the results of this study to the Committee on Energy and Natural Resources of the United States Senate and the Committee on Interior and Insular Affairs of the United States House of Representatives, before December 31, 1992. The report shall include- (1) an assessment or the water, power and wastewater needs of American Samoa both currently, and for the year 2000; (2) an assessment of, and recommendations regarding, how these needs can be met; (3) an assessment of, and recommendations regarding, any additional legal authority or funding ethic' may be necessary to meet there needs; and (4) an assessment of, and recommendations re :ding, the respective roles of the Federal and American Samoa govern- ments in meeting these needs. SEC. 302. INSULAR GOVERNMENT PURCHASES. The Governments of American Sarno*, Guam, the Northern Mari- ana 'stands, the Trust Territory of the Pacific Islands, and the Virgin Islands are authorized to make purchases through the Gen eral Services Administration. S . , .4 4 H R 2927-7 Sec.= FREELY ASSOCIATED STATE CARRIER (a) In furtherance of the objectives of the Compact of Free Amnia tion Act of 1985 (Public' Law 99-239) and notwithstanding any other provisior of law. Freely Associated State Air Carrie. shall not be precluded from providing transportation, between a place in the United States and a place in state in free association with the United States or between two places in such a freely associated state. by air of persons (and their personal effects) and property procured. contracted for, or otherwise obtained by any executive department or other agency or instrumentality of the United States for its own account or in furtherance of the purposes or pursuant to the terms of any contract. agreement. or other special arrangement made or entered into under which payment is made by the United States or payment is made from funds appropriated. owned, cor..rolled, granted. or conditionally granted, or utilized by or otherwise established for the account of the United States, or shall be furnished to or for the account of any foreign nation, or any international agency, or other organization of whet ever nationality. without provisions for reimbursement. (b) The term "Freely Associated State Air Carrier" shall apply exclusively to carrier referred to in Article IX(5)(b) of the Federal Programs and Services Agreement concluded pursus...it to Article II of Title Two and Section 232 of the Compact of Free Association. SEC_ 304. MARSHALL WHAMS FOOD ASSISTANCE. Section 10.3(h10) of the Compact of Free Association Act of 1985 (48 U SC 1681 note) : amended by striking out -five" and inserting in lieu thereof -ten" SEC. N'16. NORTHERN MARIANAS COLLEGE Section 9(a) of Public Law 99- 396 u amended by striking out the period At the end and inrierting in lieu thereof the following and in subsection (bi, by striking out and Micronesia' each place it appears and averting in thereof Micronesia, and the North ern Mariana Islands' and by striking out 'and to Micronesia' and inserting in lieu thereof Micronesia, and to the Northern Mariana Islands' ". Speaker 'oust, of Representatives Vice President of the United States and President of the Senate t 4 to 1 10 4 1: r lieu 4 ; e 0 ', is 01-42/1/. PROPOSED JOINT STAFF AMENDMENT TO H.R. 2927 SALT RIVER BAY NATIONAL HISTORICAL PARK AND PRESERVE Strike all after the enacting clause and insert the following: 1 TITLE I -- SALT RIVER BAY NATIONAL HISTORICAL PARK AND ECOLOGICAL 2 PRESERVE AT ST. CROIX, VIRGIN ISLANDS. 3 SECTION 101. SHORT TITLE. 4 This title may be cited as the 'Salt River Bay National 5 Historical Park and Ecological Preserve at St. Croix, Virgin 6 Islands, Act of 1991". 7 SEC. 102. FINDINGS. 8 The Congress finds that the Salt River Bay area of the north 9 central coast of St. Croix, United States Virgin Islands- - 10 (1) has been inhabited, possibly as far back as 2000 BC, 11 and encompasses all major cultural periods in the Unitel 12 States Virgin Islands; 13 (2) contains the only ceremonial ball court ever 14 discovered in the Lesser Antilles, village middens, and 15 burial grounds which can provide evidence for the 16 interpretation of Caribbean life prior to Columbus; 17 (3) is the only known site where members of the Columbus 18 expeditions set foot on what is now United States territory; 19 (4) was a focal point of various European attempts to 20 colonize the area during the post-Columbian period and 21 contains sites of Spanish, French, Dutch, English, and Danish 22 settlements, including Fort Sale, one of the few remaining 23 earthwork fortifications in t1.1 Western Hemisphere; 24 (5) presents an outstanding opportunity to preserve and 25 interpret Caribbean history and culture, including the impact i7141, o T.; ea 2 1 of European exploration and settlement; 2 (6) has been a national natural landmark since February 3 1980 and has been nominated for acquisition as a nationally 4 significant wildlife habitat; 5 (7) contains the largest remaining mangrove forest ;Al 6 the United States Virgin Islands and a variety of tropica 7 marine and terrestrial ecosystems which should be preserved 8 and kept unimpaired for the benefit of present and future 9 generations; and 10 (8) is worthy of a comprehensive preservation effort 11 that should be carried out in partnership between the Federal 12 Government and the Government of the United States Virgin 13 Islands. 14 SEC. 103. SALT RIVER BAY NATIONAL HISTORICAL PARK AND ECOLOGICAL 15 PRESERVE AT ST. CROIX, VIRGIN ISLANDS. 16 (a) ESTABLISHMENT.--In order to preserve, protect, and 17 interpret for the benefit of present and future generations 18 certain nationally significant historical, cultural, and natural 19 sites and resources in the Virgin Islands, there is established 20 the Salt River Bay National Historical Park and Ecological 21 Preserve at St. Croix, Virgin Islands (hereafter in this Act 22 referred to as the "park"). 23 (b) AREA INCLUDED.--The park shall consist of approximately 24 912 acres of land, waters, submerged lands, and interests therein 25 within the area generally depicted on the map entitled "Salt River 26 Study Area Alternative 'C' in the "Alternatives Study and 27 Environmental Assessment for the Columbus Landing Site, St. Croix, 28 U.S. Virgin Islands", prepared by the National Park Service and - :' -42 - 3 1 dated June 1990. The map shall be on file and available for 2 public inspection in the offices of the National Park Service, 3 Department of the Interior, and the Offices of the Lieutenant 4 Governor of St. Thomas and St. Croix, Virgin Islands. 5 SEC. 104. ACQUISITION OF LAND. 6 (a) GENERAL AUTHORITY.--The Secretary of the Interior 7 (hereafter in this title referred to as the "Secretary") may 8 acquire land and interests in land within the boundaries of the 9 park by donation, purchase with donated or appropriated funds, or 10 exchange. Nothing in this section shall be construed to prohibit 11 the Government of the United States Virgin Islands from acquiring 12 land or interest in land within the boundaries of the park. 13 (b) LIMITATIONS ON AUTHORITY.--Lands, and interests in lands, 14 within the boundaries of the park which are owned by the United 15 States Virgin Islands, or any political subdivision thereof, may 16 be acquired only by donation or exchange. No lands, or interests 17 therein, containing dwellings lying within the park boundary as Dt 411 18 July 1, 1991, may be acquired without the consent of the owner, 19 unless the Secretary determines, after consultation with the 20 Government of the United States Virgin Islands, that the land is 21 being developed or proposed to be developed in a manner which is 22 detrimental to the natural, scenic, historic, and other values for 23 which the park was established. 24 SEC. 105. ADMINISTRATION. 25 (a) IN GENERAL.--The park shall be administered in accordance 26 with this title and with the provisions of law generally 27 applicable to units of the national park system, including, but 28 not limited to, the Act entitled "An Act to establish a National 6. / ). 4 t / /". 9s 7 Y - 4 - 1 Park Service, and for other purposes", approved August 25, 1916 2 (39 Stat. 535; 16 U.S.C. 1, 2-4) and the Act of August 21, 1935 3 (49 Stat. 666; 16 U.S.C. 461-467). In the case of any conflict 4 between the provisions of this Act and such generally applicable 5 provisions of law, the provisions of this Ac,: shall govern. 6 (b) COOPERATIVE AGREEMENTS.--The Secretary, after consulting 7 with the Salt River Bay National Histories{ Park and Ecological Preserve at St. Croix, Virgin Islands, Commission (hereafter in 9 this Act referred tc as the "Commission') established by section 10 106 of this title, is authorized to enter into cooperative 11 agreements with the United States Virgin Islands, or any political 12 subdivision thereof, for the management of the park and for other 13 purposes. 14 (c) GENERAL MANAGEMENT PLAN. --(1) Not later than 3 years 15 after the date funds are made available for this subsection, the 16 Secretary, in consultation with the Co"unission, and with public 17 involvement, shall develop and submit to the Committee on Energy 18 and Natural Resources of the United States Senate and the 19 Committee on Interior and Insular Affairs of the United States 20 House of Representatives a general maragement plan for the park. 21 The general management plan shall describe the appropriate 22 protection, management, uses, and development of the park 23 consistent with the purposes of this title. 24 (2) The general management plan shall include, but not be 25 limited to, the following: 26 (A) Plans for implementation of a continuing program of 27 interpretation and visitor education about the resources and 28 values of the park. /1 4 . 1. / 4 '2. . ..g a. 8 %I V 7 e+ r.1 !Si 5 1 (B) Proposals for visitor use facilities to be developed 2 for the park. 3 (C) Plans for management of the natural and cultural 4 resources of the park, with particular emphasis on the 5 preservation of both the cultural and natural resources and 6 long-term scientific study of terrestrial, marine, and 7 archeological resources, giving high priority to the 8 enforcement of the provisions of the Archeological Resources 9 Protection Act of 1979 (16 U.S.C. 470aa et seq.) and the 10 National Historic Preservation Act (16 U.S.C. 470 et seq.) 11 within the park. The natural and cultural resources 12 management plans shall be prepared in consultation with the 13 Virgin Islands Division of Archeology and Historic 14 Preservation. 15 (D) Proposals for assessing the potential operation and 16 supply of park concessions by qualified Virgin Islands-owned 17 businesses. 18 (E) Plans for the training of personnel in accordance 19 with subsection (e).4=-(1/) 20 (d) TRAINING ASSISTANCE.--During the 10-year period beginning 21 on the date of enactment of this title, the Secretary shall, 22 subject to appropriations, provide the funds for the employees of 23 the Government of the United States Virgin Islands directly 24 engaged in the joint management of the park and shall implement, 25 in consultation with the Government of the United States Virgin 26 Islands, a program under which Virgin Islands citizens may be 27 trained in all phases of park operations and management: 28 however, That in no event shall the Secretary provide more than 5J o - -" \ 1 Y_ /1. 7 0,94 (6),P4' I. v4, p 4 'filet 64 f' 44(4,,st, 'Oi 'A .'1:A tu Itii.Alut or f ' el lat. I . Y" 4 44 .4, ,! ICC f ta *, 1' t ,. 21, Ite N 7 I . - 6 1 percent of the funding for such purposes. A primary objective of 2 the program shall be to train employees in the skills necessary 3 for operating and managing a Virgin Islands Territorial Park 4 System. 5 SEC. 106. SALT RIVER BAY NATIONAL HISTORICAL PARR AND ECOLOGICAL 6 PRESERVE AT ST. CROIX, VIRGIN ISLANDS, COMMISSION. 7 (a) ESTABLISHMENT.--There is established a commission to be 8 known as the Salt dyer Bay National Historical Park and 9 Ecological Preserve at St. Croix, Virgin Islands, Commission. III 10 (b) DUTIES.--The Commission shall- - 11 12 (1) make recommendations on how all lands and waters within the boundaries of the park can be jointly managed by 13 the governmeots of the United States Virgin Islands and the 14 United States in accordance with this title; 15 (2) consult with the Secretary on the development of the 16 general management plan required oy section 105 of this 17 title; and 18 (3) provide advice and recommendations to the Government 19 of the United States Virgin Islands, upon request of the 20 Government of the United States Virgin Islands. 21 (c) MEMBERSHIP.--The Commission shall be composed of 10 22 members, as follows: 23 (1) The Governor of the United States Virgin Islands, or 24 the designee of the Governor. 25 (2) The Secretary, or the designee of the Secretary. 26 (3) Four members appointed by the Secretary. 27 (4) Four members appointed by the Secretary from a list 28 provided by the Governor of the United States Virgin Islands, - 1 // - I 1 at.kleast one of whom shall be a member of the Legislature of 2 the United States Virgin Islands. 3 Initial appointments made under this subsection shall be made 4 within 120 days after the date of enactment of this title, except 5 that the appointments made under paragraph (4) shall be made 6 within 120 days after the date on which the Secretary receives 7 such list. 8 (d) TERMS.--The members appointed under paragraphs (3) and 9 (4) shall be appointed for terms of 4 years. A member of the 10 Commission appointed for a definite term may serve after the 11 expiration of the member's term until 1 successor is appointed. A 12 vacancy in the Commission shall be filled in the same manner in 13 which the original appointment was made and shall be filled within 14 60 days after the expiration of the term. 15 (e) CHAIR.--The Chair of the Commission shall alternate 16 annually between the Secretary and the Governor of the United 17 States Virgin Islands. All other officers of the Commission shall 18 be elected by a majority of the members of the Commission to serve for terms established by the Commission. 20 (f) MEETINGS.--The Commission shall meet on a regular basis 21 or at the call c! the Chair. Notice of meetings and agenda shall 22 be published in the Federal Register and local newspapers having a 23 distribution that generally covers the United States Virgin 24 Islands. Commission meetings shall be held at locations and in 25 such a manner as to ensure adequate public involvement. 26 (g) EXPENSES.--Members of the Commission shall serve without 27 compensation as such, but the Secretary may pay each member of the 28 Commission travel expenses, including per diem in lieu of a; - 7 19 7 - I/ V V 8 subsistence, in accordance with section 5703 of title 5, United =2 States Code. Members of the Commission who are full-time officers 3 or employees of the United States or the Virgin Islands Government ch-4 may not receive additional pay, allowances, or benefits by reason =15 of their service on the Commission. The Secretary shall provide 86 the Commission with a budget for travel expenses and staff, and guidelines by which expenditures shall be accounted for. (h) FEDERAL ADVISORY COMMITTEE ACT.--Except with respect to the provisions of section 14(b) of the Federal Advisory Committee Act, and except as otherwise provided in this title, t provisions of the Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Commission. (i) TERMINATION.--The Commission shall terminate 10 years after the date of enactment of this title unless the Secretary determines that it is necessary to continue consulting with the Commission in carrying out the purposes of this title. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated such sums as may be necessary to carry out this tile. 10 11E1 13E3 14E1 15E5 16E5 17"V 18E3 196 20CD TITLE II INSULAR AREAS DISASTER SURVIVAL AND RECOVERY. SEC. 201. DEFINITIONS. 22142 As used in this title -- 238 (1) the term "insular area" means any of the following: 244 American Samoa, the Federated States of Micronesia, Guam, the 25. Marshall Islands, the Nort_ern Mariana Islands, the Trust 26 :1 Territory of the Pacific Islands, and the Virgin Islands; 27 (2) the term "disaster" means a declaration of a major 28 311 disaster by the President after September 1, 1989, pursuant - --1 7.77 FEE SE9 411 21- - 122 9 - 1 to section t.01 of the Robert T. Stafford Disaster Relief and 2 Emergency Assistance Act (42 U.S.C. 5170); and 3 (3) .he term 'Secretary" means the Secretary of the 4 Interior. 5 SEC. 202. AUTHORIZATION. 6 There are hereby authorized to be appropriated to the 7 Secretary such sums as may be necessary to construct facilities 8 protect public health and safety and to enhance the survivability 9 of essential infrastructure in the event of disasters in the . 19 insular areas. Such sums shall remain available until expended. 11 SEC. 203. TECHNICAL ASSISTANCE. 12 (a) Upon the declaration by the President of a disaster in an 13 insular area, the President shall assess, in cooperation with the 14 Secretary and chief executive of such insular area, the capability 15 of the insular government to respond to the disaster, including 16 the capability to assess damage; coordinate activities with 17 Federal agencies, particularly the Federal Emergency Management 18 Agency; develop recovery plans, including recommendations for 19 enhancing the survivability of essential infrastructure; negotiate 20 and manage reconstruction contracts; and prevent the misuse of 21 funds. If the President finds that the insular government lacks 22 any of these or other capabilities essential to the recovery 23 effort, then the President shall provide technical assistance to 24 the insular area which the President deems necessary for the 25 recovery effort. 26 (b) One year following the declaration by the President of a 27 disaster in an insular area, the Secretary shall submit to the 28 Senate Committee on Energy and Natural Resources and the House to ; - 10 - 1 Committee or Interior and Insular Affairs a report on the status 2 of the recovery eftc._ including an of Federal funds 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 expended in the recovery offort and .acommendations on how to improve public health and safety, survivability of infrastructure, recovery efforts, and effective use of funds in the event of future disasters. SEC. 204. HAZARD MITIGATION. Upon determination by the President, the total of contributions under section 404 of the Disaster Relief and Emergency Assistance Amendments of 1988 (42 U.S.C. 4121 et seq.) for insular areas shall not exceed 10 percent of the estimated aggregate amounts of grants to be made under sections 403, 406, 407, 408, and 411 of such Act for any disaster: Provided, That the President shall require a 50 percent local match for assistance in excess of 10 percent of the estimated aggregate amount of grants to be made under section 406 of such Act for any disaster. 205. TECHNICAL AMENDMENT. Paragraphs (3) and (4) of section 102 of The Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122) are each amended by inserting after "American Samoa," the following: "the Northern Mariana Islands,". 22 LIITLE III -- MISCELLANEOUS PROVISIONS. 23 SEC. 301. AMERICAN SAMOA WATER AND POWER STUDY. 24 (a) The Secretary of the Interior shall undertake a 25 comprehensive study, or as appropriate review and update existing 26 studies, to determine the current and long-term water, power, and 27 waste-water needs et American Samoa. Such study shall be 28 conducted in consultation with the American Samoa government, and -4\ &Mit .;E:C. 411 ,L1 1 in consultation with those Federal agencies which have recent 2 experience with the water, power and waste-water needs ofAssearican 3 Samoa. 4 (b) The Secretary of the Interior shall report the rmilLtsof 5 this study to the Committee on Energy and Natural Resources of the 6 United States Senate and the Committee on Interior and Insular 7 Affairs of the United States House of Representatives, Wore. 8 December 31, 1992. The report shall include: 9 (1) an assessment of the water, power and wastewater 41, 10 needs of American Samoa both currently, and for tIe year 11 2000; 12 (2) an assessment and recommendations on how these needs 13 can be met; 14 (3) an assessment and recommendations for any additional 15 legal authority or funding which may be necessary tome- 16 these needs; and 17 (4) an assessment and recommendations on the respective 18 roles of the Federal and American Samoa governments in 19 meeting these needs. 20 SEC. 302. INSULAR GOVERNMENT PURCHASES. 21 The Governments of American Samoa, Guam, the Northern Mariana 22 Islands, the Trust Territory of the Pacific Islands, and the 23 Virgin Islands are authorized to make purchases through the 24 General Services Administration. 25 SEC. 303. FREELY ASSOCIATED STATE CARRIER. 26 (a) In furtherance of the objectives of the Compact ofFxree 27 Association Act of 1985 (Public Law 99-239) and notwithstudirmg 28 any other provision of law, a Freely Associated State Air Cartier ,4 - 12 - 1 shall noc be precluded from providing transportation, between a 2 place in the United States and a place in a state in free 3 association with the United States or between two places in such a 4 freely associated state, by air of persons (and their personal 5 effects) and property procured, contracted for, or otherwise 6 obtained by any executive department or other agency or 7 instrumentality of the United States for its own account or in 8 furtherance of the purposes or pursuant to the terms of any 9 contract, agreement, or other special arrangement made or entered 40 10 into under which payment is made by the United States or payment 11 is made from funds appropriated, owned, controlled, granted, or 12 conditionally granted, or utilized by or otherwise established for 13 the account of the United States, or shall be furnished to or for 14 the account of any foreign nation, or any international agency, or 15 other organization of whatever nationality, without provisions for 16 reimbursement. 17 (b) The term -Freely Associated State Air Carrier" shall 18 apply exclusively to a carrier referred to in Article IX(5)(b) of 41' 19 the Federal Programs and Services Agreement concluded pursuant to 20 Article II of Title Two and Section 232 of the Compact of Free 21 Association. 22 SEC. 304. MARSHALL ISLANDS FOOD ASSISTANCE. 23 Section 103(h)(2) of the Compact of Free Association Act of 24 i985 (48 U.S.C. 1681 note) is amended by striking out "five" and 25 inserting in lieu thereof -ten". 26 SEC. 305. NORTHERN MARIANAS COLLEGE. 27 Section 9(a) of the Act approved August 27, 1986 (Public Law 28 99-396), is amended by striking out the period at the end and 9 - 13 - 1 inserting in lieu thereof the following: ", by striking out 'and 2 Micronesia' each place it appears and inserting in lieu thereof 3 'Micronesia, and the Northern Mariana Islands'; and, in subsection 4 (b), by striking out 'and to Micronesia' and inserting in lieu 5 thereof ', Micronesia, and to the Northern Mariana Islands .". ea A .s. V 102D CONGRESS H. R. 2927 1ST SESSION IN THE SENATE OF THE UNITED STATES NOVEMBER 6 (legislative day, OCTOBER 29), 1991 Received; read twice and referred to the Committee on Energy and Natural Resources AN ACT To provide for the establishment of the Si. Croix, Virgin Islands Historical Park and Ecological Preserve, and for other purposes. 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE. 4 This Act may be cited as the "Salt River Bay Na- tional Historical Park aid Ecological Preserve at St. 6 Croix, Virgin Islands, Act of 1991" CS^ " c, . at AI I II C. 5 2 1 SEC. 2. FINDINGS. 2 The Congress finds that the Salt River Bay area of 3 the north central coast of St. Croix, United States Virgin 4 Islands- 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (1) has been inhabited, possibly as far back as 2000 BC, and encompasses all major cultural peri- ods in the United States Virgin Islands; (2) contains the only ceremonial ball court ever discovered in the Lesser Antilles, village middens, and burial grounds which can provide evidence for the interpretation of Caribbean life prior to Colum- bus; (3) is the only known site where members of the Columbus expeditions set foot on what is now United States territory; (4) was a focal point of various European at- tempts to colonize the area during the post-Colum- bian period and contains sites of Spanish, French, Dutch, English, and Danish settlements, including Fort Sale, one of the few remaining earthwork for- tifications in the Western Hemisphere; (5) presents an outstanding opportunity to pre- serve and interpret Caribbean history and culture, including the impact of European exploration and settlement; HR 2927 RFS ° 0 3 1 (6) has been a national natural landmark s' 2 February 1980 and has been nominated for acqui- 3 tion as a nationally significant wildlife habitat; 4 (7) contains the largest remaining mangrove 5 forest in the United States Virgia Islands and a va- 6 riety of tropical marine and terrestrial ecosystems 7 which should be preserved and kept unimpaired for 8 the benefit of present and future generations; and 9 (8) is worthy of a comprehensive preservation 10 effort that should be carried out in partnership be- 11 tween the Federal Government and the Government 12 of the United States Virgin Islands. 13 SEC. 3. SALT RIVER BAY NATIONAL HISTORICAL PARK AND 14 ECOLOGICAL PRESERVE AT ST. CROIX, VIR- 15 GIN ISLANDS. 16 (a) ESTABLISHMENT.-In order to preserve, protect, 17 and interpret for the benefit of present and future genera- 18 tions certain nationally significant historical, cultural, and 19 natural sites and resources in the Virgin Islands, there 20 is established the Salt River Bay National Historical Park 21 and Ecological Preserve at St. Croix, Virgin Islands (here- 22 after in this Act referred to as the "park"). 23 (b) AREA INCLUDED.-The park shall consist of ap- 24 proximately 1,046 acres of land, waters, and interests 25 therein within the area generally depicted on the map enti- HR 2927 RFS Lni al 4 1 tied "St. Croix, Virgin Islands Historical Park and Eco- 2 logical Preserve", numbered NA -SC HP- 80,001, and 3 dated July 1991. The map shall be on file and available 4 for public inspection in the offices of the National Park 5 Service, Department of the Interior, and the Offices of the 6 Lieutenant Governor of St. Thomas and St. Croix, Virgin 7 Islands. 8 SEC. 4. ACQUISITION OF LAND. 9 (a) GENERAL AUTHORITY.-The Secretary of the In- 10 terior (hereafter in this Act referred to as the "See- 11 rotary") may acquire land and interests in land within the 12 boundaries of the park only by donation, purchase with 13 donated or appropriated funds, or exchange. Nothing in 14 this section shall be construed to prohibit the Government :5 of the Virgin Islands from acquiring land or interest in 16 land within the boundaries of the park. 17 (b) LIMITATIONS ON AUTHORITY.- Lands, and inter- 18 ests in lands, within the boundaries of the park which are 19 owned by the Virgin Islands, or any political subdivision 20 thereof, may be acquired only by donation or exchange. 21 No lands, or interests therein, containing dwellings lying 22 within the park boundary as of July 1, 1991, may be ac- 23 quired without the consent of the owner, unless the See- 24 retary determines, after consultation with the Government 25 of the Virgin Islands, that the land is being developed or HR sov RFS ° A 5 1 proposed to be developed in a manner which is detrimental 2 to the natural, scenic, historic, and other values for which 3 the park was established. 4 SEC. 5. ADMINISTRATION. 5 (a) IN GENERAL-The park shall be administered in 6 accordance with this Act and with the provisions of law 7 generally applicable to units of the national park system, 8 including, but not limited to, the Act entitled "An Act to 9 establish a National Park Service, and for other pur- 10 poses", approved August 25, 1916 (39 Stat. 535; 16 11 U.S.C. 1-4) and the Act of August 21, 1935 (49 Stat. 12 666; 16 U.S.C. 461-467). In the case of any conflict be- 13 tween the provisions of this Act and such generally appli- 14 cable provisions of law, the provisions of this Act shall gov- 15 ern. 16 (b) COOPERATIVE AGREEMENTS WITH UNITED 17 STATES VIRGIN ISLANDS.-The Secretary, after consult- 18 ing with the Salt River Bay National Historical Park and 19 Ecological Preserve at St. Croix, Virgin Islands, Commis- 20 sion (hereafter in this Act referred to as the "Commis- 21 sion") established by section 6, is authorized to enter into 22 cooperative agreements with the United States Virgin Is- 23 lands, or any political subdivision thereof, for the manage- 24 ment of the park and for other purposes. HR 9927 RFS / 3 1 2 3 4 5 6 7 8 9 10 11 12 (2) The general management plan shall include, but 13 not be limited to, the following: 14 15 16 17 18 19 20 21 22 23 24 25 sions of the Archeological Resources Protection Act 6 (c) GENERAL MANAGEMENT PLAN. -(1) Not later than 3 years after the date of enactment of this Act, the Secretary, in consultation with the Commission, and with public involvement, shall develop and submit to the Com- mittee on Interior and Insular Affairs of the House of Representatives and the Committee on Energy and Natu- ral Resources of the Senate a general management plan for the park. The general management plan shall describe the appropriate protection, management, uses, and devel- opment of the park consistent with the purposes of this Act. (A) Plans for implementation of a continuing program of interpretation and visitor education about the resources and values of the park. (B) Proposals for vistor use facilities to be de- veloped for the park. (C) Plans for management of the natural and cultural resources of the park, with particular em- phasis on the preservation of both the cultural and natural resources and long-term scientific study of terrestrial, marine, and archeological resources, giv- ing high priority to the enforcement of the provi- HR 2927 RFS 7 1 of 1979 (16 U.S.C. 470aa et seq.) and the National 2 Historic Preservation Act (16 U.S.C. 470 et seq.) 3 within the park. The natural and cultural resources 4 management plans shall be prepared in consultation 5 with the Virgin Islands Division of Archeology and 6 Historic Preservation. 7 (D) Proposals for assessing the potential oper- 8 ation and supply of park concessions by qualified 9 Virgin Islands-owned businesses. 10 (E) Plans for the training of personnel in se- 11 cordance with subsection (e). 12 (d) INTERIM PROTECTION.-Prior to the adoption of 13 the park's general management plan, the Secretary, the 14 Governor, and the Commission shall monitor all land and 15 water use activities within the area to ensure that such 16 activities are in keeping with the purposes of this Act and 17 shall advise and cooperate with the appropriate Federal, 18 territorial, and local governmental entities to minimize ad- 19 verse impacts on the values for which the park is estab- 20 lished. 21 (e) ASSISTANCE TO PROMOTE A VIRGIN ISLANDS 22 TERRITORIAL PARK SYSTEM.-During the 10-year period 23 beginning on the date of enactment of this Act, the Sec- 24 retary shall provide the funds for the employees of the 25 Government of the Virgin Islands directly engaged in the HR 2927 RFS . lc P X dr- 8 1 joint management of the park and shall implement, in con- 2 sultation with the Government of the Virgin Islands, a 3 program under which Virgin Islands citizens may be 4 trained in all phases of park operations and management. 5 A primary objective of such program shall be to train em- 6 ployees in the skills necessary for operating and managing 7 a Virgin Islands Territorial Park System. 8 SEC. 6. SALT RIVER BAY NATIONAL HIS1ORICAL PARK AND 9 ECOLOGICAL PRESERVE AT ST. CROIX, VIR- 10 GIN ISLANDS, COMMISSION. 11 (a) ESTABLISIIMENT.-There is established a com- 12 mission to be known as the Salt River Bay National His- 13 torical Park and Ecological Preserve at St. Croix, Virgin 14 Islands, Commission. 15 (b) DUTIES.-The Commission shall- 16 (1) make recommendations on how all lands 17 and waters within the boundaries of the park can be 18 jointly managed by the governments of the Virgin 19 Islands and the United States in accordance with 20 this Act; 21 (2) consult with the Secretary on the develop- 22 ment of the general management plan required by 23 section 5; and IR 2927 RFS o 1 // '1 V 9 1 (3) provide advice and recommendations to the 2 Government of the Virgin Islands, upon request of 3 the Government of the Virgin Islands. 4 (e) MEMBERSHIP.-The Commission shall be com- 5 posed of 10 members, as follows: 6 (1) The Governor of the Virgin Islands, or the 7 designee of the Governor. 8 (2) The Secretary, or the designee of the See- 9 retary. 10 (3) Four members appointed by the Secretary. 11 (4) Four members appointed by the Secretary 12 from a list provided by the Governor of the Virgin 13 Islands, at least one of whom shall be a member of 14 the Legislature of the Virgin Islands. 15 Initial appointments made under this subsection shall be 16 made within 120 days after the date of enactment of this 17 Act, except that the appointments made under paragraph 18 (4) shall be made within 120 days after the date on which 19 the Secretary receives such list. 20 (d) TERMS. -The members appointed under para- 21 graphs (3) and (4) shall be appointed for terms of 4 years. 22 A member of the Commission appointed for a definite 23 term may serve after the expiration of the member's term 24 until a successor is appointed. A vacancy in the Commis- 25 sion shall be filled in the same manner in which the origi- lilt 2927 RFS 4 I 10 1 nal appointment was made and shall be filled within 60 2 days after the expiration of the term. 3 (e) CHAIR.-The Chair of the Commission shall alter- 4 nate annually between the Secretary and the Governor of 5 the Virgin Islands. All other officers of the Commission 6 shall be elected by a majority of the members of the Corn- 7 mission to serve for terms established by the Commission. 8 (f) MEETINGS.-The Commission shall meet on a 9 regular basis or at the call of the Chair. Notice of meetings 10 and agenda shall be published in the Federal Register and 11 local newspapers having a distribution that generally cov- 12 ers the United States Virgin Islands. Commission meet- 13 ings shall be held at locations and in such a manner as 14 to ensure adequate public involvement. 15 (g) EXPENSES.-Members of the Commission shall 16 serve without compensation as such, but the Secretary 17 may pay each member of the Commission travel expenses, 18 including pe,- diem in lieu of subsistence, in accordance 19 20 21 22 23 24 with section 5703 of title 5, United States Code. Members of the Commission who are full-time officers or employees of the United States or the Virgin Islands Government may not receive additional pay, allowances, or benefits by reason of their service on the Commission. The Secretary shall provide the Commission with a budget for travel ex- HR 2W27 RFS a .a 11 1 penses and staff, and guidelines by which expenditures 2 shall be accounted for. 3 (h) FEDERAL ADVISORY COMMITTEE ACT.-Except 4 with respect to the provisions of section 14(b) of the Fed- 5 oral Advisory Committee Act, and except as otherwise pro- 6 vided in this Act, the provisions of the Federal Advisory 7 Committee Act (5 U.S.C. App.) shall apply to the Commis- 8 sion. 9 (i) TERMINATION.-The Commission shall terminate 10 10 years after the date of enactment of this Act unless 11 the Secretary determines that it is necessary to continue 12 consulting with the Commission in carrying out the pur- 13 poses of this Act. 14 SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 15 There is authorized to be appropriated such sums as 16 may be necessary to carry out this Act. Passed the House of Representative:, November 5, 1991. Attest: DONNALD K. ANDERSON, Clerk. HR IWO . ' 4° r" yP t 2W27 102D CONGRESS 1st Session SENATE Calendar No. 374 Recur 102-243 SALT RIVER BAY NATIONAL HISTORICAL PARK AND ECO- LOGICAL PRESERVE AT ST. CROIX, VIRGIN ISLANDS, ACT OF 1991 NOVEMBER 25, (legislative day. NOVEMBER 23). 1991 -Ordered to be printed Mr. JOHNSTON, from the Committee on Energy and Natural Resources, submitted the following REPORT [To accompany H.R. 29271 The Committee on Energy and Natural Resources to which was referred the Act (H.R. 29271, to provide for the establishment of the St. Croix, Virgin Islands Historical Park and Ecological Preserve, and :for other purposes, having considered the same, reports favor- ably thereon with an amendment and recommends that the Act as amended do amendment The is as follows: Strike out all after the enacting clause and insert in lieu thereof the following: TITLE I-SALT RIVER BAY NATIONAL HISTORICAL PARK AND ECOLOGICAL PRESERVE AT ST. CROIX, VIRGIN IS- LANDS SECTION 1st. SHORT TITLE This title may be cited as the "Salt River Bay National Historical Park and Eco- logical Preserve at St. Croix. Virgin Islands, Act of 1991- SEA: 1St. FINDINGS. The Congress finds that the Salt River Bay area of the north central coast of St Croix, United States Virgin Islands- (11 has been inhabited. possibly as far back as 2000 BC, and encompasses all major cultural periods in the United States Virgin Islands. (21 contains the only ceremonial ball court ever discovered in the Lesser An- tilles, village middens, and burial grounds which can provide evidence for the interpretation of Caribbean life prior to Columbus, (3) is the only known site where members of the Columbus expeditions set foot on what is now United States territory, 55-010 4 - I 141 was a focal point of venous European attempts to colonize the area during the post-Columbian period and contains sites of Spanish. French, Dutch, Eng- lish. and Danish settlements, including Fort Sale, one of the few remaining earthwork fortifications in the Western Hemisphere; -T presents an outstanding opportunity to preserve and interpret Caribbean history and culture, including the impact of European exploration and settle- ment, 16i has been a national natural landmark since February 1980 and has been nominated for acquisition as a nationally significant wildlife habitat; 171 contains the largest remaining mangrove forest in the United States Virgin Islands and a variety of tropical marine and terrestrial ecosystems which should be teener. and kept unimpaired for the benefit of present and future generations, and (SI is worthy of a comprehensive preservation effort that should be carried out in partnership between the Federal Government and the Government of the United States Virgin Islands SILO. 163. SALT RIVER BAY NATIONAL. HISTORICAL PARR AND Skil/LOGICAL PRESERVE AT ST CEASE. VIRGIN ISLANDS la) Ears SLI ALIAIIIST -In order to preserve, protect, and interpret for the benefit of present and future generations certain nationally significant historical, cultural, and natural sites and resources in the Virgin Islands, there is established the Salt River Bay National Historical Park and Ecological Preserve at St. Croix, Virgin Is- lands (hereafter in this Act referred to as the "park'''. (b) AREA INCLUDED -The park shall consist of approximately 912 acres of land, waters, submerged lands, and interests therein within the area generally depicted on the map entitled "Salt River Study Area- Alternative 'C' in the "Alternatives Study and Environmental Assessment for the Columbus Landing Site, St Croix, U S Virgin Islands'', prepared by the National Park Service and dated June 1990. The map shall be on file and available for public inspection in the offices of the National Park Service, Department of the Interior, and the Offices of the Lieuten- ant Governor of St Thomas and St Croix, Virgin Islands SEC. 11116. ACQUISITIILN OF LAND (al GENERAL Au-moans -The Secretary of the Interior (hereafter in this title re- ferred to as the -Secretary") may acquire land and interests in land within the boundaries of the ark by donation, purchase with donated or appropriated funds, or exchange. Noth .g in this section shall be construed to prohibit the Government of the United States Virgin Islands from acquiring land or interest in land within the boundaries of the park 1b) LIMITATIONS ON Aurtioerrs -Lands, and interests in lands, within the bound- aries of the park which are owned by the United States Virgin Islands. or any politi- cal subdivision thereof, may be acquired only by donation or exchange No lands, or interests therein. containing dwellings lying within the park boundary as of July 1, 1991. may be acquired without the consent of the owner, unless the Secretary deter- mines, after consultation with the Government of the United States Virgin Islands, the, he land is being developed or proposed to be developed in a manner which is detrimental to the natural, scenic, historic, and other values for which the park was established SEt 1M. ADMINISTRATION. Ito IN GENERAL. -The park shall be administered in accordance with This title and with the provisions of law generally applicable to units of the national park system, including, but not limited to, the Act entitled "An Act to establish a National Park Service, and for other purposes'', approved August 25, 1916 139 Stet 535; .6 U.S.C. 1, 2-41 and the Act of August 21, 1935 149 Stat 666; 16 U.S.C. 461-4671. In the case of any conflict between the provisions of this Act and such generally applicable provi- sions of law, the provisions of this Act shall govern )13) COOPERATIVE AGREEMENTS -The after consulting with the Salt River Bay National Historical Park And Ecological Preserve at St Croix, Virgin Is- lands, Commission (hereafter in this Act referred to as the "Commission") estab- lished by section 106 of this title, is autnorized to enter into cooperative agreements with the United States Virgin Islands, or any political subdivision thereof, for the management of the park and for other purposes lc) GENERAL MANAGEMENT PLAN -4 11 Not later than 3 years after the date funds are made available for this subsection, the Secretary, in consultation with the Com- mission, and with public involvement, shall develop and submit to the Committee on Energy and Natural Resources of the United States Senate and the Committee 2 ....rrstary, 3 on Interior and Insular Affairs of the United States House of Representatives a gen- eral management plan for the park The general management plan shall describe the appropriate protection, management, uses, and development of the park consist- ent with the lees of this title 121 The general management plan shall include, but not be limited to, the follow- ing: (A) Plans for implementation of a continuing program of interpretation and visitor education about the resources and values of the park. (B) Proposals for visitor use facilities to be developed for the park. (C) Plans for management of the natural and cultural resources of the park, with particular emphasis on the preservation of both the cultural and natural resources and long-term scientific study of terrestrial, marine, and archeological resources, giving high priority to the enforcement of the provisions of the Ar- cheological Resources Protection Act of 1979 116 U.S.C. 470aa et seq.) and the National Historic Preservation Act 116 U.S.C. 4711 et seq.) within the park The natural and cultural resources management plans shall be prepared in consul- tation with the Virgin Islands Division of Archeology and Historic Preservation. (DI Proposals for assessing the potential operation and supply of park conces- sions by qualified Virgin Islands-owned businesses. 1E1 Plans for the training of personnel in accordance with subsection le). idi TRAINING Assis-rssicz -During the 10-year period beginning on the date of en- actment of this title, the Secretary shall, subject to appropriations, provide the funds for the employees of the Government of the United States Virgin Islands di- rectly engaged in the joint management of the park and shall implement, in consul - tation with the Government of the United States Virgin Islands, a program under which Virgin Islands citizens may be trained in all phases of park operations and management: Provided. however. That in no event shall the Secretary provide more than rA) percent of the funding for such purposes A primary objective of the pro- gram shall be to train employees in the skills necessary for operating end managing a Virgir Islands Territorial Park System saKe. 1St SALT RIVER RAY NATIONAL HISTORICAL PARK AND ECOLOGIC AL PRESERVE AT ST. CROIX, VIRGIN ISLANDS. COMMISSION. - There is established a commission to be known as the Salt River Bay National Historical Park and Ecological Preserve at St. Croix, Virgin Is- lands, Commission (131 DUTIES --The Commission shall- 11 make recommendations on how all lands and waters within the boundaries of the park can be jointly managed by the governments of the United States Virgin Islands and the United States in accordance with this title: 121 consult with the Secretary on the development of the general management plan required by section 105 of this title; and (31 provide advice and recommendations to the Government of the United States Virgin Islands. upon request of the Government of the United States Virgin Islands 1c1 !IR/41161WHIP -The Commission shall be composed of 10 members, as follows: Ili The Governor of the United States Virgin Islands, or the designee of the Governor. 121 The Secretary, o' e designee of the Secretary. Four members ..stx.inted by the Secretary. 141 Fcur members ar:,.inted by the Secretary from a list provided by the Gov- ernor of the United ales Virgin Islands, at least one of whom shall be a member of the t..egislature of the United States Virgin Islands. Initial appointments made under this subsection shall be made within 120 days after the date of enactment of this title, except that the appointments made under paragraph 141 shall be made within 120 days after the date on which the Secretary receives such list (d) TERMS -The members appointed under paragraphs 131 and (4) shall be appoint- ed for terms of 4 years A member of the Commission appointed for a definite term may serve after the expiration of the member's term until a successor is appointed A vacancy in the Commission shall be filled in the same manner in which the origi- nal appointment was made and shall be filled within 60 days after the expiration of the term tel ('HAIR. --The Chair of the Commission shall alternate annually between the Secretary and the Governor of the United States Virgin Islands. All other officers of the Commission shall be elected by a majority of the members of the Commission to serve for terms established by the Commission. 4 5 t. °I .4: till (3) 4 4 if Mee:rim:8 -The Commission shall meet on a regular basis or at the call of the ('hair Notice of meetings and agenda shall be published in the Federal Register and local newspapers having a distribution that generally covers the United State, Virgin Islands Commission meetings shall be held at locations and in such a manner as to ensure adequate public involvement EXPRNIRS - Members of the Commission shall serve without compensate, as such. b the secretary may pay each member of the Commission travel expenses, including per diem in lieu of subsistence, in accordance with section 5703 of title 5, United States Codes Members of the Commission who are full-time officers or em- ployees of the United States or the Virgil. Islands Government may nat receive ad- ditional pay. allowarces. or benefits by ma -or of their service on the Commission The Secretary shall provide the Commission with a budget for travel expenses and staff, and guidelines by which expenditures shall be accounted for ihi FEDERAL ADVISORY COMMITTEE Act -Except with respect to the provisions of section 144111 of the Federal Advisory Committee Act, and except as otherwise pro- vided in this title, the provisions of the Federal dvisory Committee Act (5 U.S.C. App I shall apply to the Commission 01 Thaw Nsvots.-The Commission shall terminate 10 years after the date of en- actment of this title unless the Secretary determines that it is necessary to continue consulting with the Commission in carrying out the purposes of this title 1117. AUTHORIZ 4T111% OF APPROPRIATIONS. There is authorized to be appropriated such sums as may be necessary to carry out this title TITLE II-INSULAR AREAS DISASTER SURVIVAL AND RECOVERY SEC. DEFINITIONS As used in this title- ,1 the term "insular area.' means any of the following American Samoa, the Federated States of Micronesia. Guam, the Marshall Islands. the Northern Mar- iana Islands, the Trust Territory of the Pacific Islands. and the Virgin Islands. '2' the term "disaster" means a declaration of a major disaster by the Presi- dent after September 1, 19$9. pursuant to section 401 of the Robert T Stafford Disaster Relief and Emergency Assistance Act 142 U.S.C. 5170t and 131 the term "Secretary means the Secretary of the Interior. +File ?"2 AI TH1 Z AT1ON There are hereby authorized to be appropriat si to the Secretary such sums as may be necessary to construct facilities to protect public health and safety and to enhance the survivability of essential infrastructure in the event of disasters in the insular areas Such su is shall remain available until expended 211 TECHNICAL ASSISTANCE ,a1 Upon the declaration by the President of a disaster in an insular area, the President shall amens. in cooperation with the Secretary and Chief executive of such insular area. the capability of the insular government to respond to the disaster. including Vie capability to assess damage. coordinate activities with Federal agen- L les, particularly the Federal Emergency Management Agency, develop recovery plans, including recommendations for enhancing the survivability of essential infra structure: negotiate and mai.age reconstruction contracts. and prevent the no:se of finds If the President finds that the insular government lacks any of these or other capabilities essential to the recovery effort, then the President shall provide techni- cal assistance to the insular area which the President deems necessary for the re- covery effort 'b' One year following the declaration by the President of a disaster in an insular area. the Secretary shall submit to the Senate Committee on Energy and Natural Resources and the House Committee on Inter'r and Insular Affairs n report on the status of the recovery effort, including an audit of Federal funds expended in the recovery effort and recommendations on how to improve public health and safety. survivability of infrastructure. recovery efforts, and effective use of funds in the event of future disasters SEC. as HAZARD Upon determination by the President, the total of contributions under section 404 of the Disaster Relief and Emergency Assistance Amendments I!0. 1 2 S a. Id) SEC. SEC. MIMIC,. coos. of 4121 et seq.' for insular areas shall not exceed 10 percent of the estimated aggregate amounts of grants to be made under sections 4113, 406, 407, 408. and 411 of such Act for any disaster Provided, That the President shall require a percent local match for assistance in excess of 10 percent of the estimated aggregate amount of grants to be made under section 406 of such Act for any disaster SRC MS TECHNICAL AMRSISIIINT. Paragraphs 131 and 14l of section 102 of The Robert T Stafford Disaster Relief and Emergency Assistance Act 142 U.S.0 5122) are each amended by after "American Samoa," the following "the Northern Mariana Islands.' 1 TITLE III-MISCELLANEOUS PROVISIONS SKI MO AMERICAN MAMMA a ITER AND POSER mill Sec a The Secretary of the Interior shall undertake a comprehensive study. or as appropriate review and update existing studies, to 4-termine the current and long- term water, power, and waste-water needs of Amer..an Samoa. Such study shall be conducted in consultation with the American Samoa government, and in consulta- tion with those Federal agencies which have recent experience with water, power and waste-water needs of American Samoa (b) The Secretary of the Interior shall report the results of this study to the Com- mittee on Energy and Natural Resources of the United States Senate and the Com- mittee on Interior and Insular Affairs of the United States House of Representa- tives, before December 31, 1992 The report shall include (II an assessment of the water, power and waste-water needs of American Samoa both currently, and for the year 2000; 121 an assessment and recommendations on how these needs can be met. CO an assessment and recommendations for any additional legal authority or funding which may be necessary to meet these needs, and Ulan assessment and recommendations on the respective roles of the Federal and American Samoa governments in meeting these needs SRC. WI. INSULAR GO% EILNMENT PUSH HAMS The Governments of American Samoa. Guam, the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and the Virgin Islands are authorized to make purchases through the General Services Administration SRI 303 ENEMA ASSOCIATED STATE CARRIER. (al In furtherance of the objectives of the Compact of Free Association Act of 1985 (Public Law 99-2391 and nothwithstanding any other provision of law a Freely As sociated State Air Carrier shall not be precluded from providing transportation. be- tween a place in the United States and a place in a state in free association with the United States or between two places in such a freely associated state, by air of persons and their personal effe. oil and property procured, contracted for, or other- wise obtained by any executive department or other agency or instrumentality of the United States for its own account or in furtherance of the purposes or pursuant to the terms of any contract, agreement, or other special arrangement made or en- tered into under which payment is made by the United States or payment is made from funds appropriated, owned, controlled, granted, or conditionally granted, or utilized by or otherwise established for the account of the United States, or shall be furnished to or for the account of any foreign nation. or any international agency. or other organization of whatever nationality, without provisions for reimburse- ment. ibi The term "Freely Associated State Air Carrier" shall apply exclusively to a carrier referred to in Article IX(roibi of the Federal Programs and Services Agree- ment concluded pursuant to Article of Title Two and Section 232 of the Compact of Free Association SEC MM. MARSHALL ISLANDS FOOD ASSISTANCE Section 10344142i of the Compact of Free Association Act of 1985 148 U.S.C. 1681 notes is amended by striking out "five" and inserting in lieu thereof "ten". SRC. 316 NRTHERN MARIANAS CLLEGF.. Section 91111 of the Act approved August 27, 19841 (Public Law 99-3961, is amended by striking out "subsection (al at the end and inserting in lieu thereof the follow- ing "subsection Ito, by striking out 'and Micronesia' each place it appears and in- serting in lieu thereof 'Micronesia, and the Northern Mariana Islands', and. in sub- 5 50 inserting . i1 I C 6 section ibi, by striking out and to Micronesia' and inserting in lieu thereof '. Micro- nesia. and to the Northern Mariana Islands' PURPOSE OF THE MEASURE The purpose of H.R. 2927, as ordered reported, is to establish the 912-acre Salt River Bay National Historical Park and Ecological Preserve at St. Croix, Virgin Islands, to provide greater flexibility to Federal agencies in responding to the needs of the insular areas in the event of a major disaster, and to modify the application of certain Federal policies and programs to meet the special needs of the insular areas. BACKGROUND AND NEED Salt River Bay is located along the north-central shore of St. Croix, in the U.S. Virgin Islands, approximately 4 miles west of Christiansted. In November of 1493, during his second expedition to the New World, Christopher Columbus anchored his fleet off the bay and sent a party of soldiers ashore, making Salt River Bay the only known site where a Columbus-led expedition landed on what is now United States territory. Although the site is perhaps best kno n for the landing of the Columbus expedition, the area has a long and varied archeological history. There is evidence that man has inhabited the island dating back possibly as far as 2000 B.C. The site contains the only ceremo nial ball court ever discovered in the Lesser Antilles, along with village middens, burial grounds, and other archeological del 'sits providing evidence of the island's aboriginal cultures. Following the landing by the Columbus party, St. Croix was also the location of Spanish, French, Dutch, English, and Danish settle- ments. Salt River Bay is one of the few single sites in the U S Virgin Islands containing archeological evidence from each of th many periods in the islands' political and cultural history. The Salt River Bay is also rich in natural resources. The site con- tains the largest remaining mangrove forest in the U.S. Virgin Is- lands which provides important habitat for many plants and ani- mals including the endangered West Indian Whistling Duck. The bay is the largest and most significant relatively undis- turbed estuary remaining on St. Croix The bay contains a subma- rine canyon which begins :5 feet offshore and continues seaward to a depth of 270 feet, where it plummets to a depth of over 12,000 feet. The canyon is rich in coral and other marine life. In 1960, the Department of the Interior designated acres at Salt River Bay as a National Historic Landmark In 1980, the entire bay and shoreline, totalling 690 acres, were designated as a National Natural Landmark. In 1990 the National Park Service prepared a study detailing preservation alternatives for protecting the Salt River area Based in part on the study. the Governor of the Virgin Islands. the Is- lands' Delegate to Congress and Secretary of the Interior Lujan began discussions to consider the possibility of designating the site as a park to be managed by the National Park Service and the U.S. Virgin Islands. 5 LEGISLATIVE HISTORY H.R. 2927 passed the House of Representatives by a voice vote on November 5, 1991. Companion legislation, S. 1495, was introduced in the Senate by Senator Johnston on July 18, 1991. The Subcom- mittee on Public Lands, National Parks and Forests held a hearing on S. 1495 on September 26, 1991. At the business meeting on November 20, 1991, the Committee on Energy and Natural Resources ordered H.R. 2927, as amended, favorably reported. COMMITTEE RECOMMENDATIONS AND TABULATION OF VOTES The Committee on Energy and Natural Resources, in open busi- ness session on November 20, 1991, by a unanimous vote of a quorum present, recommends that the Senate pass H.R. 2927, if amended as described herein. The roll call vote on reporting the measure was 20 yeas, 0 nays, as follows: YEAS NAYS Mr Johnston Mr. Bumpers Mr. Ford Mr. Bradley Mr Bingaman' Mr. Wirth Mr. Conrad' Mr. Akaka' Mr. Fowler' Mr Shelby' Mr. Wellstone Mr. Wallop Mr. Hatfield' Mr Domenici Mr Murkowski Mr Nickles Mr. Burns Mr. Seymour Mr. Garn 'Indicates voted by proxy COMMITTEE AMENDMENTS During the consideration of H.R. 2927, the Committee adopted an amendment in the nature of a substitute. Title I of the amendment would establish the Salt River Pay National Historical Park and Ecological Park at St. Croix, U.S. Virgin Islands. The amendment modifies the park boundaries to conform to recommendations con- tained in a National Park Service study. In addition, the amend- ment deletes a provision setting forth interim management guide- lines for the park. The Committee notes that all statutory author- ity available to the Secretary of the Interior to protect the park will be available immediately upon designation of the park. In the C(nmittee's view, additional legislative language is unnecessary and inconsistent with the administration and management require- 7 ° ) a ments of subsection 105(a) of the Committee amendment. Finally, the Committee amendment requires that the training program es- tablished by subsection 105(d) be funded equally by the Federal and U.S. Virgin Islands governments. Title II of the amendment is similar to S. 2362, the Insular Areas Recovery Act of 1990. S. 2362 was reported by the Committee during the 101st Congress on July 12, 1990, and subsequently passed the Senate on October 10, 1990, and again on October 27, 1990. The text of title II of the Committee amendment differs from S. 2362 as previously passed by the Senate in only one respect- under section 204, and at the request cf the Office of Management and Budget, the President "shall require a local match for certain hazard mitigation grants, instead of "may" require such a match. Title III includes several miscellaneous provisions regarding the application of programs in the territories. Two of the five sections also passed the Senate during the 101st Congress as a part of S. 2362 The other three sections, based on provisions passed by the House of Representatives at that time, would: require the Secre- tary of the interior to undertake a study of the water, power and waste-water needs of American Samoa; extend 'he food assistance program from 5 to 10 years for those atolls in the Marshall Islands affected by the U.S. nuclear testing program during the 1940's to 1960's; and authorize the Northern Mariana College to receive an endowment as a Land Grant institution. The amendment is explained in detail in the Section-by-Section analysis, below. SECTION-BY-SECTION ANALYSIS Section 101 entitles the Act the "Salt River Bay National Histor- ical Park and Ecological Preserve at St. Croix, Virgin Islands, Act of 1991." Section 102 contains the Congressional findings. Section 103 establishes the Salt River Bay National Historical Park and Ecological Preserve at St. Croix, Virgin Islands (the "park") in order to preserve and protect the historical, cultural, and natural sites and resources located within the park. Subsection (b) states that the park is to consist of approximately 912 acres of lands, waters, submerged lands, and interests therein as generally depicted on the referenced map. Section 104 authorizes the Secretary to acquire lands and inter- ests in land within the boundaries of the park by purchase with do- nated or appropriated funds, donation, or exchange. Subsection (a) makes clear that enactment of this Act will not prevent the Virgin Islands government from acquiring lands or interests in lands within the park boundaries. Subsection (b) provides that any lands or interests in lands within the park boundaries that are owned by the U.S. Virgin Is- lands (USVI), or any political subdivison thereof, many only be ac- quired by donation or exchange. The subsection also states that any lands or interests containing dwellings located within the park boundary and in existence as of July 1, 1991, may not be acquired without the consent of the owner, unless the Secretary determines, after consultation with the Government of the USVI, that the land /Z / ' "1k is being developed or is proposed to be developed in a manner detri- mental to the values for which the park was established. Section 105 sets forth the administrative requirements for the park Subsection (al provides that the park is to be administered pursuant to this Act and to laws generally applicable to units of the National Park System. Subsection (b authorizes the Secretary, after consulting with the Commission established by section 106, to enter into cooperative agreements with the USVI to provide for the management of the park and for other purposes. Subsection (c) sets forth the requirements for the preparation of the park's general management plan. The plan is required to be completed within years after the date funds are made available. Subsection Idi directs the Secretary to provide funds, not to exceed 50 percent of the funding, to the USVI for USVI employees directly engaged in the joint management of the park. Such fund- ing is to continue for a ten year period beginning on the date of enactment of this Act. Section 106 provides for the establishment of a 10 member Salt River Historical Park and Ecological Preserve at St Croix, Virgin Islands, Commission to make recommendations to the Secretary concerning the joint management of the park and the preparation of the general management plan. Section 107 authorizes the appropriation of such sums as may be necessary to carry out this title. TITLE II-INSULAR AREAS DISASTER AND RECOVERY Section 201. Definitions. These are self-explanatory. It is impor- tant to note, however, that although the Freely Associated States are not explicitly covered by the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170), they are eligible to receive the programs of the Federal Emergency Management Agency pursuant to paragraph 221(a)(2) of the Compact of Free As- sociation Act of 1985 (48 U.S.C. 1681). This provision would expand the amount of funding which the U S. territories could receive under the Stafford Act, and it would provide the same treatment to the Freely Associated States. Section 202. Authorization. This section provides an authoriza- tion for appropriations for such sums as may be necessary to con- struct facilities to (1) protect public health and safety, or (2) en- hance the survivability of essential infrastructure in the event of disasters in the insular areas. The section further provides that such sums shall remain available until expended. Funds appropriated under this authorization are intended to be expended for capital projects, either prior to or following a disaster. Funds may be appropriated to any of several Federal agencies that may have facilities in the insular areas, or that could assist in any reconstruction effort. In the insular areas, construction of public health and public safety facilities would qualify for funding under this section. In ad- dition, essential public utilities, such a water, electrical, waste dis- posal and treatment, communications, and fuel service systems would also qualify as projects to protect public health and safety. 8 3 , 0 C. 10 Other governmental facilities adversely affected by major disasters such as airports, docks and roads could qualify, assumine that the facilities to be constructed would further the purposes of the Act This section also authorizes construction of facilities to enhance the survivability of essential infrastructure in the event of major disasters in the insular areas. The phrase is intended to mean those facilities which require improvement or "hardening" for hazard mitigation, as that term is understood under section 404 of the Stafford Act. In the normal circumstance, as Interagency Hazard Mitigation Task Force will be assembled following a major disaster in an insular area. The Task Force, using expertise from the Departments of the Interior, Housing and Urban Development, Health and Human Services, and the U.S. Army Corps of Engi- neers, the Federal Emergency Management Agency, the Environ- mental Protection Agency, and other Federal departments and agencies, will identify and document those hazard mitigation projects that are important to the survivability of essential public facilities. To the extent that regular Federal Emergency Manage- ment Agency assistance is inadequate to accomplish these projects, this section provides an authorization for supplemental funding, to be administered by those agencies and departments with special ex- pertise either in the insular areas generally, or with respect to spe- cific construction projects of importance to hazard mitigation. Obvi- ously, many projects will contribute to meeting both objectives under the authorization. However, a project only needs to meet one of two objectives in order to be eligible for funding. Sums are authorized to be appropriated to improve public-sector infrastructure regardless of its purpose, as all public-sector facili- ties are eligible for reconstruction assistance under the Stafford Act. Thus, the funds appropriated to this section for hazard mitiga- tion are intended to reduce future Federal disaster-relief costs in the insular areas. Section 203. Technical Assistance. Subsection (a) provides that the President, following the declaration of a major disaster in an insular area, shall assess, in cooperation with the Secretary of the Interior and the chief executive of the affected insular area, the ca- pability of the insular area government to respond to the disaster. This assessment shall include the ability of the insular area gov- ernment to assess damages; coordinate activities with other agen- cies, particularly the Federal Emergency Management Agency; de- velop recovery plans, including hazard mitigation plans; negotiate and manage reconstruction contracts; and prevent misuse of funds. If the President finds .!iat an insular area lacks these or other ca- pabilities essential to the recovery effort, then the President shall provide technical assistance, through the appropriate Federal agency, to the insular area government as necessary to the recov- ery effort. Because many insular area governments are underdevel- oped, and are therefore less able than State governments to manage the contracts and funding that come with disaster recov- ery, this subsection is intended to ensure that the local govern- ment's capabilities are specifically considered and assistance will be provided when necessary. Subsection (b) provides that 1 year following the declaration by the President of a major digester in an insular area, the Secretary 11 of the Interior shall, in cooperation with the Administrator of the Federal Emergency Management Agency, report to Congress on the status of the recovery effort, including an audit of federal funds expended on the recovery effort; and recommendations on how to improve public health and safety, survivability of infrastructure, recovery efforts, and effective use of funds in the event of future disasters. Section 204. Hazard Mitigation. This section gives the President the authority to increase the total contributions to an insular area for hazard mitigation under section 404 of the Stafford Act, if the President determines that such an increase would promote recon- struction in the disaster area so as to enhance the survivability of essential infrastructure, or to enhance public health and safety, in the event of future disasters. Such an increase in contributions is limited to 10 percent of the estimated aggregate amount of grants to be made under sections 403, 406, 407, 40)1 and 411 of the Stafford Act; and is contingent upon the President requiring a 30 percent local match for assistance in excess of 10 percent of the estimated aggregate amount of grants to be made under section 4a6 of such Act for any disaster. The Committee notes that the administering authority of any de- partment or agency may waive any requirement for matching funds to be provided by an insular area pursuant to 4S U.S.C. 1469a(d. It is intended that this discretion to waive a matching grant requirement would continue to apply to those grants for whir an insular area was eligible prior to the enactment of this se ,n, but that it does not apply to any increase in contributions authorized under this section. This section is intended to give the President the flexibility to in- crease assistance for hazard mitigation projects if such an increase world enhance public health and safety, or would reduce damage and federal costs in the event of future disasters. Section 205. Technical Amendment. This section would make a technical amendment to the Stafford Act by amending the defini- tions in subsections 102 (3) and (41 of such Act, to include the Northern Mariana Islands. TITLE III - MISCELLANEOUS PROVISIONS Section 301. American Samoa Water and Power Study. Subsec- tion (a) requires the Secretary of the Interior to undertake a com- prehensive study, or as appropriate, to review and update existing studies, to determine the current and long-term water, power, and waste-water needs of American Samoa. It is required that the Sec- retary conduct this study in consultation with the American Samoa government and with those Federal agencies, such as the Army Corps of Engineers, which have recent experience with the water, power and waste-water needs of American Samoa. Subsection (b) requires that the Secretary report the results of the study to the appropriate committees of Congress, and it identi- fies specific assessments and recommendations to be included in the report. Section 302. Insular Government Purchases. This section author- izes the insular governments of American Samoa, Guam, the 12 Northern Mariana Islands, the Trust Territory of the Pacific Is- lands, and the Virgin islands, to make purchases through the Gen- eral Services Administration. This provision would codify a long standing Federal Government policy which has been enacted annu- ally in the legislation to provide appropriations for the Department of the Interior and related agencies. Section 303. Freely Associated State Carrier. This section would allow an air carrier of the Republic of the Marshall Islands, a freely associated state, to be contracted by Federal agencies to carry persons and cargo within the Marshall Islands and between the Marshall Islands and the United States. This provision is de- signed to allow the U.S. military to contract with Air Marshall Is- lands IAMI) to transport people and cargo between Hawaii and the U.S. Army Base at Kwajalein Atoll in the Marshall Islands. At times, The Military Airlift Command (MAC) has difficulty in ac- commodating the transportation needs between those points and it is interested in contracting with AMI for additional service. This provision would authorize such a contract. Section 304. Marshall Island Food Assistance. This section would extend, for 5 years. the food assistance program operated by the United States Department of Agriculture and which provides food to the people of the Marshall Islands who were affected by the United States nuclear testing program conducted in the northern Marshall Islands during the 1950 s. This food assistance program was established to provide assistance because the testing program, and related clean-up activities reduced the amount of local food that was available for local consumption. Recent studies by the De- partment of the Interior indicate that local foods continue to be in short supply. thus the need for supplemental food continues. The report also indicated, however, that local food production is on the increase and it is therefore expected that this program will be phased-out as local food production meets the local food needs. Section 305. Northern Marianas College. This section would au- thorize the Northern Marianas College to receive the same endow- ment as a Land Grant College, as was previously authorized for the land grant colleges of the other insular areas. COST AND BUDGETARY CONSIDERATIONS The Congressional Budget Office estimate of the costs of this measure has been requested but was not received at the time the report was filed. When the report is available, the Chairman will request it to be printed in the Congressional Record for the advice of the Senate. REGU'..ATORY IMPACT EVALUATION In compliance with paragraph 11(b) of rule XXVI of the Stading Rules of the Senate. the Committee makes the following evaluation of the regulatory impact which would be incurred in carrying out H.R 2927. The Act is not a regulatory measure in the sense of im- posing Government-established standards or significant economic responsibilities on private individuals and businesses. No personal information would be collected in administering the program. Therefore, there would be no impact on personal privacy. ,4 ' %," D. : Little. if any, additional paperwork would result from the enact- ment of H.R. 2927, as ordered reported. EXECUTIVE COMMUNICATIONS On September 12, 1991, the Committee on Energy and Natural Resources requested legislative reports from the Department of the Interior and the Office of Management and Budget setting fourth Executive agency recommendations and S. 1495. These reports had not been received at the time the report on S. 1495 was filed. When the reports become available, the Chairman will request that they be printed in the Congressional Record for the advice of the Senate. The testimony provided by the Department of the Interior at the Subcommittee hearing following: STATEMENT C.. THE HONORABLE MANUEL LUJAN, JR., SECRETARY OP THE INTERIOR Thank you for the opportunity to offer the Department of the Interior's views on S. 1495, a bill to provide for the establishment of St. Croix, Virgin Islands Historical Park and Ecological Preserve. Protection of the Salt River Bay area is one of my per- sonal priorities and a goal of the National Park Service. I have visited the site, and I am pleased to have had the op- portunity to work with Senator J. Bennett Johnston, Chairman of the full committee, and Representative de Lugo as they were crafting the bill now before the Subcom- mittee. Senator Johnston and Representative de Lugo should be commended for their continuing strong commit- ment to perserving the unique national and cultural re- sources of Salt River Bay. We support the establishment of a unit of the National Park System at Salt River Bay. Mr. Chairman, if enacted, S. 1495 will establish a new park unit that will include approximately 440 acres of land and 606 acres of water surface. The park will be man- aged in a partnership between the Interior Department and the Virgin Islands Government, and the General Man- agement Plan for the park will be developed in consulta- tion with the Virgin Islands Government. An appointed commission, half of whose members will be representatives of, or nominated by, the Virgin Islands, will provide the Department and the Virgin Islands Government with advice and recommendations regarding the planning and management of the park. There will also be a program to provide training to Virgin Islands park employees in the special skills needed in park management and operations. Mr. Chairman, the proposed park is located at Salt River Bay on the north-central Caribbean coast of St. Croix. U.S Virgin Islands, approximately 4 miles west of the town of Christiansted. This site has long been recog- nized as an area with important cultural remains. It con- tains evidence of prehistoric habitation encompassing the 13 major cultural per;;Jus in the Virgin Islands. It also con- tains the only site of a ceremonial ball court plaza identi- fied to date in the Lesser Antilles. Excavations of village middens, ball ccurt features and other archeological fea- tures have prov ded evidence_ for the internretation of Car- ibbean life prior to European settlement. Such sites are rare and, there ore, have special significance. It was at Sa't River Bay. in 1493, on the second of his four voyages tr the New World, that Christopher Colum- bus anchored his ships outside the entrance to the bay and sent men to find a source of fresh water and to make con- tact with the re.adents of St. Croix This is the only known site where members of a Columbus party set foot on what is now territory of the United States. Subsequently, the area was a focal point of various European attempts to col- onize St. Croix in the 17th century. In addition to these cultural resources, the Salt River Bay area include,. prime examples of several types of eco- systems, including mangrove fringe forest. rr ingrove basin forest, salt pond, and freshwater marsh. The area contains a most significant, high-energy tropical reef system and a biologically rich submarine canyon that has been a princi- pal study site for NOAA's National Undersea Research Program. In summary, Mr. Chairman. Salt River offers a unique combination of natural and cultural values, including plants and animals rarely observed in other parts of the Virgin Islands, together with archeological and historic sites In addition, the area has high potential for recre- ational and educational activities and scientific research. Unfortunately, these values have been placed at risk by proposed commercial development along the shoreline, dredging of the bay. and an increasing level of uncon- trolled visitor use. V. about the protection offered by this bill we can expect he loss of irreplaceable archeological data, the beautiful historic setting, and important wildlife habitat. Mr Chairman, we support the creation of this unit of the National Park System and look forward to working with the Subcommittee in finalizing the provisions of this legislation. Mr. Chairman, we strongly support the bill's intent to create a partnership between the Federal Government and the Virgin Islands Government in the management of this important site. Key elements of the partnership are joint management of the park, cooperative development of the park General Management Plan, and the park advisors committee. Section fold) provides for a 10-year program under which the Secretary would fund the cost of Virgin Islands man- agement employees and other park employees who would participate in a training program in park operations and management. We support the concept of providing training 14 1 a 15 in park operations and management for Virgin Islands park personnel. Again Mr. Chairman, we look forward to working with you and your subcommittee to iron out any remaining de- tails regarding this bill so that early enactment will be possible. Mr. Chairman, thank you for inviting us to give the De- partment's view on this new park proposal that could result in the long-term protection of outstanding cultural and natural resources. It is imperative that we act quickly to protect those resources. At this time I would be delight. ed to answer any questions you might have for me. CHANGES IN EXISTING LAW In compliance with paragraph 12 of Rule XXVI of the Standing Rules of the Senate, changes in existing law made by the Act H.R. 2927, as ordered reported, are shown as follows (existing law pro- posed to be omitted is enclosed in black brackets, new mater is printed in italic, existing law in which no change is proposed is shown in roman): PUBLIC LAW 99-239 Joint Resolution To approve the "Compact of Free Assoc sheen and for other purposes TITLE I-APPROVAL OF COMPACT; INTERPRETA- TION OF, AND UNITED STATES POLICIES RE- GARDING. COMPACT; SUPPLEMENTAL PROVI- SIONS SE('. 103. AGREEMENTS WITH AND OTHER PROVISIONS RELATED TO TH IF: MARSHALL ISLANDS. (h) DOE RADIOLOGICAL HEALTH CARE PROGRAM; USDA AGRICL' I - TURAL AND FOOD PROGRAMS.- I 1 I MARSHALL ISLANDS PROGRAM.- Notwithstanding any other provision of law, upon the request of the Government of the Marshall Islands, the President (either through an appropriate department or agency of the United States or by contract with a United States firm) shall continue to ovide special medical care and logistical support thereto for the remaining 174 mem- bers of the population of Rongelap and Utrik who were ex- posed to radiation resulting from the 1954 United States ther- monuclear "Bravo" test, pursuant to Public Laws 95-134 and 96-205. Such medical care and its accompanying logistical sup- port shall total $22,500,000 over the first 11 years of the Com- pact. (2) AGRICULTURAL AND FOOD PRoGRAMS. --Notwithstanding any other provision of law, upon the request of the Govern- , 16 ment of the Marshall Islands, for the first [five] ten years after the effective date of the Compact, the President (either through an appropriate department or agency of the United States or by contract with a United States firm) shall provide technical and other assistance- PUBLIC LAW 99-396 An Act To amend the Revised Organic Act of the Virgin Islands. to amend the Cov- enant to Establish a Commonwealth of the Northern Mariana Islands. to amend the Organic Act of Guam, to provide for the governance of the insular areas the United States, and for other purposes SEC. 9. (a) Section 506 of the Education Amendments of 1972. Public Law 92-31S (S6 Stat. 235) is further amended by inserting; "the Northern Marianas College'", after "the College of Microne- sia" in [subsection (a).] subsection (al, by striking out "and Micro- nesia" each place it appears and inserting in lieu thereof "Microne- sia, and the Northern Mariana Islands"; and, in subsection (b), by striking out "and to Micronesia" and inserting in lieu thereof ", Micronesia, and to the Northern Mariana Islands". ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY ASSISTANCE Arr TITLE I-FINDINGS, DECLARATIONS, AND DEFINITIONS FINDINGS AND DECLARATIONS DEFINITIONS Sec. 102. As used in this Act (1) "Emergency" means any occasion or instance for which, in the determination of the President, Federal assistance is needed to supplement State and local efforts and capabilities to save lives and to protect property and public health and safety, or to lessen or avert the threat of a catastrophe in any part of the United States. (2) "Major disaster" means any natural catastrophe (includ- ing any hurricane, tornado, storm, high water. winddriven water, tidal wave, tsunami, earthquake. volcanic eruption, landslide, mudslide. snowstorm or drought), or. regardless of cause, any fire, flood, or explosion, in any part of the United States, which in the determination of the President causes damage of sufficient severity and magnitude to warrant major disaster assistance under this Act to supplement the efforts and available resources of States, local governments, and disas- ter relief organizations in alleviating the damage, loss, hard- ship, or suffering caused thereby. (3) "United States" means the fifty States, the District of Co- lumbia, Puerto Rico, the Virgin Islands, Guam, American . of 17 Samoa, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands. 14) "State" means any State of the United States, the Dis- trict of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, or the Trust Territory of the Pacific Islands. 0 cP c r 102D CONGRESS 1ST SESSION Calendar No. 374 H. R. 2927 [Report No. 102-2431 To provide for the establishment of the St. Croix, Virgin Islands Historical Park and Ecological Preserve, and for other put poses. IN THE SENATE OF THE UNITED STATES NOVEMBER 6 (legislative day, OCTOBER 29), 1991 Received; read twice all referred to the Committee or. Ever*. and Natural Resources NOVEMBER 25 (legislative day, NOVEMBER 23), 1991 &ported by Mr. Jo.diston, with an amendment [Strike out all after the enacting clause and insert the part printed in italic) AN ACT To provide for the establishment of the St. Croix, Virgin Islands Historical Park and Ecological Preserve, and for other purposes. 1 Be it enacted by the Senate and House of Representa- 2 tines of the United States of America in Congress assembled, oti . ;.. , II' - 4- II 1 2 3 4 5 6 7 8 4.altitals-- 9 4-44 Into been inhabited; possibly as far hack as 10 2000 BO; and encompasses all major cultural peri- 11 silo in the United 'States Virgin islands; 12 {433 contains the only ceremonial ball !otti t ever 13 diseovered to the Lessen Antilles; village middens; 14 mid burial grounds which can provide evidence for 15 the interpretation of Caribbean life prior to Coln:il- 1 6 hits; 17 18 19 20 21 22 23 24 25 2 SECTION I- SHORT TITLE. This 244 may be eited as ,Sttit River Bey Na- tinted Iliotftrieftl Perk at-A1 Ecological Preserve at g4 Croix; Virgin lokttt107 diet of SEG. 2, FINDINGS, The t4ottgress finds that the Sett River Bey area of the north eetttral coast of 8 Groix7 -United States Virgin h +84 is the only known site where members of the c4litmtlkwa4 expeditions set foot tot what is now United States territory; 4-44 was a focal point of various European set - tempts to colonise the area during the post-Geittimt- bine period and contains sites of Swinish; Freftelt 44417 English, Danish setthstietanT including Fort Ride; erne of the few remaining merle for- 414;m04)1114 its the Western Hemisphere; FIR 2927 RS r. 0 the and ° 3 1 444 presents tie tettsheeling opportunity to pre- 2 serve mid interpret Caribbean history mid intintre; 3 including the impact of Ettestiette evillest-ion test 4 fietflettietit; 5 1-6-t lets been a national siege 6 February -1-91 3 treed hits Meets nominated for ttetritii- 7 tutee ss nationally signiftettet wi k l h fr 444n -ft 8 4-74 ettettetts the largest retettisittg t-t-tttitgritY1' 9 forest in the United .74.tt-t-ett Virgin !Awls and a vtt- 10 riety -f freniett4 marine tent terrest-est ee0systtstts 11 whirls shooed lie 1-west-evert said heed for 12 the benefit of tireseti-t feet future Bette t; anti 13 14. worthy of ft eftititWeitett4Ye pret-11-"Plelt6tft 14 effort that should be carried 0i4 its tmrEtteta lttp he- 15 +were the Federal Goveentiteet mid the Meter!!! 16 of the States islands. 17 SEC, a: SALT RIVER RAY NATIONAL HISTORICAL PARK AND 18 ECOLOGICAL PRESERVE AT S GRAM t- 19 GIN ISLANDS, 20 4-tt4 444ffeti4171{-414-stt order to ttettirver; protege, 21 and interpret for the benefit present test future genera- - 22 +ions certain ttttti0ftett nationally signifies-et itis4ertesh ettit-tt-etti-; sett 23 natural sites mid reoottreeti at the Virgin there 24 is estittittstest the Tale River Pot", National 44isteriest4 Park HR 2927 RS itittitrit4 lord nfet eh ft itoittiftwired is United Virgin of loitit44÷47 1 2 3 4 5 6 7 8 9 10 11 12 loiehtloT 13 SEC, 4. ACQU*SITION OF LAND, 14 (ft-) G'rviiiiiikb AUTHORITY. The Secretary of the itt- 15 *tier +hereafter in this filet referred to as the 4,4ee- 16 rotary ") may acquire land and interests in land within the 17 boundaries of the park only by &ration; purchase with 18 donated or appropriated funds; or eftelittitge; Nothing 19 this section shall be construed to prohibit the Gavel-1~114 20 of the Virgin Islands from ttecrtirrog land or interest in 21 lend within the boundaries of the park, 22 444 i-JowPiartmoNe e AtYPHeRfriw;-hafttis,- 23 ests ests larder, within the boundaries of the park which are 24 owned by the Virgin Islam* or any p semen 25 thereof; may be acquired only by donation or emehtiftge; 4 mitt Ecological Preserve at fit Croix, Virgin Islands +here- after this A-et referred to as the "park"). 4414 ARE* iNeht3430B4*---The park of shall consist proximately 4;446 tomes of land; waters; and interests therein within the area generally depicted oft the map enti- tled Groat; Virgin Islands Historical Park and Reo- logical Preserve'-'7 mothered NASGH-P-80;0047 anti dated July 1991. The map shall be oft and available for public inspection itt the offices of the National Park gereiee; Department of the interior; and the Offices of the Lieutenant Governor of fit- Thomas and fit- Groat Virgin HR 11127 RS itt ttp- Ligt, file itt mid inter- itt 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 ern; 21 4434 Geop*RoePwE AeftsiamENzi38 WITH UNITOD 22 gliwilEs Viftew lithert4917----T-lte Secretary; after eolit,o4t- 23 tog with the Salt River Ray National historical Park and 24 Ecological Preserve at St7 Croix, Virgin Islands; Commis - 25 shin +hereafter in this Aet referred to as the 1Gommis- 5 No hinds; or interests therein; containing dwellings lying within the park boundary es of July 4-; 1991, nifty be tte- +mired without the consent of the owner; finless the See- rotary determines; after consultation with the Government of the Virgin Islands; that the land is being developed or proposed to be developed in a manner which is detrimental to the natural; seem historic.; and other values for which the park was established. SEC. r). ADMINISTRATION, +ft+ G Dr r RAL. The park shall he administered itt accordance with this Act end with the provisions of law generally applicable to units of the national park system, including; bet not limited to; the Aet entitled "Aft Aet to establish a National Park Service; and for other per - poses approved August 24; 4446 449 Stet. 436; 4-6 U.S.C. 4-44 end the Aet August 247 4-944 4-49 ,tat- 666; 44 U.S.C.-- - 461 467 ). Itt the ease of any conflict be- tween the provisions of this Aet mid such generally apple- cable provisions of law; the provisions of this Aet shall goy- I iR 2927 RS 4-4 . of 6 1 sired established seetiott 6; is atitheritteti to enter into 2 cooperative agreements with the United States Virgin is- 3 lands; or tiny political subdivision thereof, for the manage- 4 tent of the park mid for other purposes; 5 f e GEN-Er RA-13 114-A**EiliMEINT PLAN. Not later 6 than a years after the date of enactment of this Aet, the 7 Secretary; in eonsaltatiott with the Commission, mid with 8 public involvement; shall develop mid submit to the Com- 9 mittee en interior anti insular Affair% of the Renee of 10 Representatives and the Committee opt Efterre anti Nora- 11 ra4 Resources of the Senate a general management plan 12 for the park, The general management plan shall describe 13 the appropriate protection, management, uses; 14 opmettt of the park consistent with the purposes of this 15 Act, 16 4-23 The general management plait shall malt bits 17 not he limited to; the following- 18 4-A4 Arms for implementation of a continuing 19 program of interpretation and visitor education 20 about the resottreeti turd 'Mats of the park, 21 +84 Proposals for victor use facilities to be de- 22 rehired for the park. 23 Plans for management of the natural sane} 24 cultural resources of the park; with particular etn- 25 Illinois oft the preservation of both the cultural and HR 2927 RS te by (1) and devel- 4e +C4 7 1 natural resources anti lottg-tertit seietttifte study of 2 terrestrial marine; and archeological resottreesT giv- 3 ittg high priority to the enforcement of the provi- 4 sieve of the Archeological Resources Protection Aet 5 of 4-979 4-1-6 470att t4 seed and the Notional 6 Historie Preservation Aet 44-6 U.S.C. 474 et sett-) 7 within the park:- The natural and ettlfttrft4 resources 8 management plaits shall be prepared itt consultation 9 .resit the Virgin Wands Division of Archeology and 10 Historie Preservation: 11 (FY Proposals for assessing the potential otter- 12 antra and supply of park . h qualified 13 Virgin Islands -owned httsittesses7 14 +144 Plaits for the training of personnel itt fte- 15 eortlattee with subsection 16 tfl+ 1÷Figiftim PftegiEtew4+:--Prior to the adoption of 17 the park's general management plait; the 8eeretttry7 the 18 Governor; and the Commission shell monitor all land taro 19 water ttse activities within the area to ermine first melt 20 activities are itt keeping with the purposes of this Act and 21 shall advise mitt cooperate with the appropriate Federal; 22 territorial; mitt lee& governmental entities to minimize tut- 23 verse impacts on the values for which the park is estah 24 lisped- HR 227 RS U.S.C. - 4e47 s/ der'. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 GIN ISLANDS, COMMISSA," 16 +a3 FolitecEthieffitHiNIP7--There is e9 -*041iftitcti ft eolt4- 17 mission 4o he knower its the Stilt wet 14tty National 44t8- 18 torieftt Park into Ecological Preserve ttt Groh Virgin 19 islfttids; Getinissiett: 20 44 PUTT The Gettttttissietsliflll 21 H4 make reeentinepultuiso eons hew all lands 22 find waters within the bean duet & the mirk east he 23 jointly managed h the govettitettr4o of the Virgin 24 Islands find the United gtitte itt tfteerelltftiee with 25 this Aet; 8 4$ ARifeTANeta Lilo PROMOTE * MVERtiR.F 4317:04-06 r-tiRRRIVORE41, PArRif gYOTIThf. Dior 4-1=te 441-4fettr period beginning on the date of ettftettftettt of t---asis Act-7 Oft See- ?entry shall provide the funds cot Ike fees of the Government of the Virgin Islands engaged itt the joint management of the mirk and Ail ii=mipieitteitt; itt con- saltation with the Government of the var7i4gift 4oltsitio; program niftier which Virgin isifscli whittles tufty he trained itt till pintoes of mirk ofteratiss ittft-tittgetttent7 A primary objective of stick program fiat II to train etn- tiloyees itt the skills necessary for « i-nr-tr, owl intott ft Virgin luitunts Territorial Park SEC. & SALT WAWA BAY NATIONAL 14414-4,-IFIR;,46 PARK AND ECOLOGICAL PRESERVE ST, G-1401Ki HR 2927 RS ft griefor. VAIR- fleot tiErttti ,S47 y # 9 1 +24 commit with the Secretary oft the develop- 2 meat of the general management plait required by 3 section and 4 444 previde advice and reeentittenthitions to the 5 Government of the Virgin Islands; Mott request of 6 the Government of the Virgin Islands: 7 +ei 41-iiimmittu++++1,---T4w Gottuttission shall be Born 8 posed of 40 members; as 9 444 The Governor of the Virgin islands; or the 10 designee of the Governor: 11 +24 The Secretary; or the designee of the See - 12 rotary. 13 4,34 Four members appointed by the 8eeretttryT 14 444 Four members appointed by the Secretary 15 from a list provided by the Governor of the Virgin 16 Islands; at least one of whom shag he a member of 17 the Legislature of the Virgin Islands: 18 initial appointments made under this sttitseetion shall he 19 made within 449 days after the date of enactment of this 20 iket; except that the appointments made wider paragraph 21 +44 shall he made within 4-20 days after the date on which 22 the Secretary receives +melt list: 23 444 T-Eiftms1--The members appointed wittier intro- 24 graphs +44 and 444 shall he appointed for terms of 4 years, 25 A member of the Commission appointed for a definite HR 2927 RS-2 . . . ° IP I 1 foilowsT it; 10 1 term may aerie after the expiration of the member's term 2 until a stieeesser is appointee}. A vacancy in the Commis- 3 shift shall be filled itt the same manner itt which the origi- 4 two appointment wets made and shall be filled within 60 5 days after the expiration of the term. 6 4.$ CHAIR. The Chair of the Commission shall otter 7 time annually between the Secretary and the Governer of 8 the Virgin Islands- All other officers of the Commission 9 shall be elected h a majority of the members of the Cent- 10 mission to serve for terms established by the Commission; 11 4-f M.H.wilit400:-Tite Commission shall meet ott a 12 regular basis or at the call of the Chair. Notice of meetings 13 and agenda shall be published itt the Federal Register and 14 local newspapers having a distribution that generally coy- 15 ere the United States Virgin felines; Commission meet- 16 isms shall he held at locations and itt stick a manner as 17 to ettottre adequate public involvement: 18 {g} E21EPRisiii47--491enthers of the Commission shall 19 serve without compensation as stteliT bat the Secretary 20 may pay each member of the Commission travel expenses; 21 including per diem itt Nett of subsistence; in accordance 22 with section 6.704 of title in United States Code. Members 23 of the Commission who are fttlI4inte officers or employees 24 of the baited gtotes or the Virgin Islands Government 25 may not receive additional pay; allowances; or benefits by HR 2927 RS t 3 c 41 11 1 reason of their ser,iee oft the Commission- The Secretary 2 shall provide the Commission with a budget for travel ex- 3 pewees and staff; and guidelines by which expenditures 4 shall be accounted for: 5 440 F-E44F7R24+7 ADVISORY. GOMIR Ate. Except 6 with respect to the provisions of section 44034 of the Fed- 7 emit Advisory Committee Aet7 and except as otherwise pro- 8 titled in this Aet; the provisions of the Federal Advisory 9 Committee Aet +Et U.S.C. ... App-) shall apply to the Commis- 10 siote 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 443 Tiittetz. The Commission shall terminate 4.0 years after the date of etittetment of this Aet unless the Secretary determines that it is necessary to continue consulting with the Commission lrt carrying out the pur- poses of this Aet: SEC. 7, AUTHORIZATION OF APPROPRIATIONS, There is authorised to be appropriated such sums as may be accessary to carry out this Act.: TITLE I-SALT RIVER BAY NATIONAL HIS- TORICAL PARK AND ECOLOGICAL PRE- SERVE AT ST. CROIX, VIRGIN ISLANDS. SEC. 101. SHORT TITLE. This title may be cited as the "Salt River Bay Na- tional Historical Park and Ecological Preserve at St. Croix, Virgin Islands, Act of 1991". HR 2927 RS 2, 12 1 SEC. 102 FINDINGS. The Congress fi. .s that the Salt River Bay area of 3 the north central coast of St. Croix, United States Virgin 4 Islands- 5 (1) has been inhabited, possibly as far back as 6 2000 BC, and encompasses all major cultural periods 7 in the United States Virgin Islands; 8 (2) contains the only ceremonial ball court ever 9 discovered in the Lesser Antilles, village middens, and 10 burial grounds which can provide evidence for the in- 11 terpretation of Caribbean life prior to Columbus; 12 (3) is the only known site where -numbers of the 13 Columbus expeditions set foot on what is now United 14 States territory; 15 (4) was a focal point of various European at- 16 17 18 19 20 21 22 23 24 tempts to colonize the area during the post-Columbian period and contains sites of Spanish, French, Dutch, English, and Danish settlements, including Fort Sale, one of the few remaining earthwork fortifications in the Western Hemisphere; (5) presents an outstanding opportunity to pre- serve and interpret Caribbean history and culture, in- eluding the impact of Ev-apean exploration and set- Clement; HR 2927 HS c . I 2 .1 - d 13 1 (6) has been a national natural landmark since 2 February 1980 and has been nominated for acquisi- 3 tion as a nationally significant wildlife habitat; 4 (7) contains the largest remaining mangrove for- 5 est in the United States Virgin Islands and a variety 6 of tropical marine and terrestrial ecosystems which 7 should be preserved and kept unimpaired for the bene- 8 fit of present and future generations; and 9 (8) is worthy of a comprehensive preservation ef- 10 fort that should be carried out in partnership between 11 the Federal Government and the Government of the 12 United States Virgin Islands. 13 SEC. 103. SALT RIVER BAY NATIONAL HISTORICAL PARK 14 AND ECOLOGICAL PRESERVE AT ST. CROIX, 15 VIRGIN ISLANDS. 16 (a) ESTABLISHMENT.-In order to preserve, protect, 17 and interpret for the benefit of present and future genera- 18 lions certain nationally significant historical, cultural, and 19 natural sites and resources in the Virgin Islands, there is 20 established the Salt River Bay National Historical Park 21 and Ecological Preserve at St. Croix, Virgin Islands (here- 22 after in this Act referred to . the "park"). 23 (b) AREA INCLUDED.-The park sha" consist of ap- 24 proximately 912 acres of land, waters, submerged lands, 25 and interests therein within the area generally depicted on KR 2927 RS . 14 1 the map entitled "Salt River Study Area-Alternative 'C' 2 in the "Alternatives Study and Environmental Assessment 3 for the Columbus Landing Site, St. Croix, U.S. Virgin Is- 4 lands", prepared by the National Park Service and dated 5 J June 1990. The map than be on file and available for public 6 inspection in the offices of the National Park Service, De- 7 part aunt of the Interior, and the Offices of the Lieutenant 8 Governor of St. Thomas and St. Croix, Virgin Islands. 9 SEC. 104. ACQUISITION OF LAND. 10 (a) GENERAL AUTHORITY-The Secretary of the Inte- 11 rior (hereafter in this title referred to as the "Secretary") 12 may acquire land and interests in land within the bound- 13 arks of the park by donation, purchase with donated or 14 appropriated finds, or exchange. Nothing in this section 15 shall be construed to prohibit the Government of the United 16 States Virgin Islands from acquiring land or interest in 17 land within the boundaries of the park. 18 (b) LIMITATIONS ON AUTHORITY.-Lands, and inter- 19 ests in lands, within the boundaries of the park which are 20 owned by the United States Virgin Islands, or any political 21 subdivision thereof may be acquired only by donation or 22 exchange. No lands, or interests therein, containing dwell- 23 ings lying within the park boundary as of July 1, 1991, 24 may be acquired without the consent of the owner, unless 25 the Secretary determines, after consultation with the Gov- HR 2927 RS F. 1 15 1 ernment of the United States Virgin Islands, that the land 2 is being developed or proposed to be developed in a manner 3 which is detrimental to the natural, scenic, historic, and 4 other values for which the park was established. 5 SEC. 105. ADMINISTRATION. 6 (a) IN GENERL-The park shall be administered in 7 accordance with this title and with the provisions of law 8 generally applicable to units of the national park system, 9 including, but not limited to, the Act entitled "An Act to 10 establish a National Park Service, and for other purposes", 11 approve August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2- 12 13 14 15 16 17 18 19 4) and the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461-467). In the case of an 'conflict between the provisions of this Act and such generally applicable provisions of law, the provisions of this Act shall govern. (b) COOPERATIVE --1GREEMENTS.-The Secretary, after consulting with the Salt River Bay National Historical Park and Ecological Preserve at St. Croix, Virgin Islands, Commission (hereafter in this Act referred to as the "Com- 20 mission") established by section 106 of this title, is author- 21 ized to enter into cooperative agreements with the United 22 States Virgin Islands, or any political subdivision thereof 23 for the management of the park and for other purposes. 24 (c) GENERAL MANAGEMENT PLAN.-(1) Not later than 25 3 years after the date funds are made available for this sub- HR 2927 RS "IR t. I 16 1 section, the Secretary, in consultation with the Commission. 2 and with public involvement, shall develop and submit to 3 the Committee on Energy and Natural Resources of the 4 United States Senate and the Committee on interior and 5 Insular Affairs of the United States House of Rep- 6 resentatives a general management plan for the park. The 7 general management plan shall describe the appropriate 8 protection, management, uses, and development of the park 9 consistent with the purposes of this title. 10 (2) The general management plan shall include, but 11 not b( limited to, the following: 12 (A) Plans for implementation of a continuing 13 program of interpretation and visitor education about 14 the resources and values of the park. 15 (B) Proposals for visitor use facilities to be de- 16 veloped for the park. 17 (C) Plans for management of the natural and 18 cultural resource of the park, with particular empha- 19 sis on the preservation of both the cultural and natu- 20 sal resources and long-term scientific study of terres- 21 trial, marine, and archeological resources, giving high 22 priority to the enforcement of the provisions of the 23 Archeological Resources Protection Act of 197.9 (16 24 U.S.C. 470aa et ,eq.) and the National Historic Pres- 25 erration Act (1 U.S.C. 470 et seq.) within the park. HR 2927 o rs 11% KS k ; 17 1 The natural and Mini-,. resources management 2 plans shall be prepared in consultation with the Vir- 3 gin Islam's Division of Archeology and Historic Pres- 4 ervation. 5 (D) Pro- for asse.,sing the potential oper- 6 ation and sic rk concessions by qualified 7 Virgin Islands-awhed businesses. 8 (E) Plans for the training of personnel in ac- 9 cordance with subsection (e). 10 (d) TRAINING ASSISTANCE.-During the 10-year pe- 11 riod beginning on the date of enactment of this title, the 12 tarty shall, subject to appropriations, provide the funds 13 Or the employees of the Government of the United States 14 Virgin Islands directly engaged in the joint management 15 of the park and shall implement, in consultation with the 16 Government of the United States Virgin Islands, a program 17 under which Virgin Islands citizens may be trained in all 18 phases of park operations and management: Provided, how- 19 ever, That in no event shall the Secretary provide more than 20 50 percent of the finding for such purposes. A primary ob- 21 jective of the program shall be to train employees in the 22 skills necessary for operating and managing a Virgin Is- 23 lands Territorial Park System. HR 2927 RS --iv .17 v 18 1 SEC. 106. SALT RIVER BAY NATIONAL HISTORICAL PARK 2 AND ECOLOGICAL PRESERVE AT ST. CROIX, 3 VIRGIN ISLANDS, COMMISSION. 4 (a) ESTABLISHMENT.-There is established a commis- 5 sion to be known as the Salt River Bay A Ilona' Historical 6 Park and Ecological Preserve at St. Croix, Virgin Islands, 7 Commission. 8 (h) DUTIES.-The Commission shall- 9 (1) make recommendations on how all lands and 10 waters within the boundaries of the park can be joint- 11 ly managed by the governments of the United States 12 Virgin Islands and the United States in accordance 13 with this title; 14 (2) consult with the Secretary on the develop 15 went of the general management plan required by 16 Lion 105 of this title; and 17 (3) provide advice and recommendations to the 18 Government of the United States Virgin Islands, upon 19 request of the Government of the United States Virgin 20 Islands. 21 (c) MEBERSHIP.-The Commission shall be composed 22 of 10 members, as Plows: 23 (1) The Governor of the United States Virgin Is- 24 lands, or the designee of the Governor. 25 (2) The Secretary, or the designee of the Sec- 26 ar. RR 2927 RN sec- 19 1 (3) Four members appointed by the Secretary. 2 (4) Four members appointed by the Secretary 3 from a list providea j the Governor of the United 4 States Virgin Islands, at least one of whom shall be 5 a member of the Legislature of the United States Vir- 6 gin Islands. 7 Initial appointments made under this subsection shall 8 be made within 120 days after the date of enactment of this 9 title, except that the appointments made under paragraph 10 (1) shall be made within 120 days after tie date on which 11 the Secretary receives such list. 12 (d) 7'ERms.-The members appointed under para- 13 graphs (3) and (4) shall be appointed for terms of 4 years. 14 A member of the Commission appointed for a definite term 15 may serve after the expiration of the member's term until 16 a successor is appointed. A vacancy in the Commission 17 shall be filled in the same manner in which the original 18 appointment was made and shall be filled within 60 days 19 after the expiration of the term. 20 (e) CHAIR.-The Chair of the Commission shall alter- 21 nate annually between the Secretary and the Governor of 22 the United States Virgin Islands. All other officers of the 23 Commission shall be elected by a majority of the members 24 of the Commission to serve for terms established by the Com- 25 mission. HR 2927 RS : 20 1 (f) MEETINGS.-The Commission shall meet on a regu- 2 lar basis or at the call of the Chair. Notice of meetings and 3 agenda shall be published in the Federal Register and local 4 newspapers having a distribution that generally covers the 5 United States Virgin Islands. Commission meetings shall 6 be held at locations and in such a manner as to ensure 7 adequate public involvement. 8 (g) EXPENSES.-Members of the Commission shall 9 serve without compensation as such, but the Secretary may 10 pay each member of the Commission travel expenses, includ- 11 ing per diem in lieu of subsistence, in accordance with sec- 12 tion 5703 of title 5, United States Code. Members of the 13 Commission who are fill -time officers or employees of the 14 United States or the Virgin Islands Government may not 15 receive additional pay, allowances, or benefits by reason of 16 iheir service on the Commission. The Secretary shall pro- 17 vide the Commission with a budget for travel expenses and 18 staff and guidelines by which expenditures shall be ac- 19 counted for. 20 (h) FEDERAL ADVISORY COMMITTEE ACT. -Except 21 with respect to the provisions of section 14(b) of the Federal 22 Advisory Committee Act, and except as otherwise provided 23 in this title, the previsions of the Federal Advisory Commit- 24 tee Act (5 U.S.C. And.) shall apply to the Commission. HR 2927 R3 21 1 (i) TERMINATION.-The Commission shall terminate 2 10 years after the date of enactment of this title unless the 3 Secretary determines that it is necessary to continue con- 4 suiting with the Commission in carrying out the purposes 5 of this title. 6 SEC. 107. AUTHORIZATION OF APPROPMATIONS. 7 There is authorized to be appropriated sip sums as 8 may be necessary to carry out this title. 9 TITLE II-INSULAR AREAS DISASTER 10 SURVIVAL AND RECOVERY. 11 SEC. 201. DEFINITIONS. 12 As used in this title- 13 (1) the term "insular area" means any of the fol- 14 lowing: American Samoa, the Federated States of Mi- 15 cronesia, Guam, the Marshall Islands, the Northern 16 Mariana Islands, the Trust Territory of the Pacific 17 Islands, and the Virgin Islands; 18 (2) the term "disaster" means a declaration of a 19 major disaster by the President after September 1, 20 1989, pursuant to section 401 of the Robert T. Staf- 21 ford Disaster Relief and Emergency Assistance Act 22 (42 U.S.C. 5170); and 23 (3) the term "Secretary" means the Secretary of 24 the Interior. RR 2927 9S k . !. ; 1 * 22 1 SEC. 202 AUTHORIZATION. 2 There are hereby authorized lobe appropriated to the 3 Secretary such sums as may be .necessary fo construct facili- 4 ties to protect public health and safely a----md to enhance the 5 survivability of essential infrastructure 1: BPI the event of dis- 6 7 8 9 10 11 12 13 14 15 16 17 18 reconstruction contracts; and prevent the- misuse of finds. 19 20 21 22 23 24 25 26 asters in the insular areas. Such sums a P all remain avail- able until expended. SEC. 203. TECHNICAL ASSISTANCE. (a) Upon the declaration by the Pres idol( of a disaster in an insular area, the President shall carssess, in coopera- tion with the Secretary and chief executi-are cf such insular area, he capability of the insular goveriment to respond to the disaster, including the capability to assess damage; coordinate activities with Federal agencies, particularly the Federal Emergency Management Agency,=- develop recovery plans, including recommendations for erahancing the sur- vivability of essential infrastructure; nego. tiate and manage If the President finds that the insularaore rumen t lacks any of these or other capabilities essential to tine recovery effort, then the President shall provide technicar assistance to the insular area which the President deems necessary for the recovery effort. (b) One year following the declarotiop-a by the President of a disaster in an insular area, the Sect tart' shall submit to the Senate Committee on Energy and natural Resources 1111 2927 RN ' ` Na. 23 1 and the House Committee on Interior and Insular Affairs 2 a report on the status of the recovery effort, including an 3 audit of Federal finds expended in the recovery effort and 4 recommendations on how to improve public health and safe- 5 ty, survivability oj infrastructure, recovery efforts, and ef- 6 festive use of funds in the event of future disasters. 7 SEC. 204. HAZARD MITIGATION. 8 Upon determination by the President, the total of con- 9 tributions under section 404 of the Disaster Relief and 10 Emergency Assistance Amendments of 1988 (42 U.S.C. 11 4121 et seq.) for insular areas shall not exceed 10 percent 12 of the estimated aggregate amounts of grants to be made 13 under sections 403, 406, 407, 408, and 411 of such Act for 14 any disaster: Provided, That the President shall require a 15 50 percent local match for assistance in excess of 10 percent 16 of the estimated aggregate amount of grants to be made 17 under section 406 of such Act for any disaster. 18 SEC. 205. TECHNICAL AMENDMENT. 19 Paragraphs (3) and (4) of section 102 of The Robert 20 T. Stafford Disaster Relief and Emergency Assistance Act 21 (42 U.S.C. 5122) are each amended by inserting after 22 "American Samoa," the following: "the Northern Mariana 23 Islands,". !IR 2927 R8 , . s 2. . L° . " ' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 24 TITLE III-MISCELLANEOUS PROVISIONS. SEC. 301. AMERICAN SAMOA WATER AND POWER STUDY. (a) The Secretary of the Interior shall undertake a comprehensive study, or as appropriate review and update existing studies, to determine the current and long-term water, power, and waste-water needs of American Samoa. Such study shall be conducted in consultation with the American Samoa government, and in consultation with those Federal agencies which have recent experience with the water, power and waste-water needs of American Samoa. (b) The Secretary of the Interior shall report the results of this study to the Committee c?i Energy and Natural Re- sources of the United States Senate and the Committee on Interior and Insular Affairs of the United States House of Representatives, before December 31, 1992. The report shall include: 18 (1) an assessment of the water, power and waste- 19 water needs of American Samoa both currently, and 20 for the year 2000; 21 (2) an assessment and recommendations on how 22 these needs can be met; 23 (3) an assessment and recommendations for any 24 additional legal authority or finding which may be 25 necessary to meet these needs; and FM 2927 RS t. e'. g 25 1 (4) an assessment and recommendations on the 2 3 4 5 6 7 8 9 10 11 12 withstanding any other provision of law, a Freely Associ- 13 14 15 16 17 18 19 20 21 22 23 24 25 respective roles of the Federal and American Samoa governments in meeting these needs. SEC. 302. INSULAR GOVERNMENT PURCHASES. The Governments of American Samoa, Guam, the Northern Mariana Islands, the Trust Territory of the Pa- cific Islands, and the Virgin Islands are authorized to make purchases through the General Services Administration. SEC. 303. FREELY ASSOCIATED STATE CARRIER. (a) In furtherance of the objectives of the Compact of Free Association Act of 1985 (Public Law 99-239) and not- aced State Air Carrier shall not be precluded from provid- ing transportation, between a place in the United States and a place in a state in free association with the United States or between two places in such a freely associated state, by air of persons (and their personal effects) and property procured, contracted for, or otherwise obtained by any executive department or other agency or instrumental- ity of the United States for its own account or in fur- therance of the purposes or pursuant to the terms of any contract, agreement, or other special arrangement made or entered into under which payment is made by the United States or payment is made from funds appropriated, owned, controlled, granted, or conditionally granted, or uti- HR 1 827 RS 131 26 1 lized by or otherwise established for the account of the Unit- ed States, or shall be furnished to or for the account of any foreign nation, or any international agency, or other orga- nization of whatever nationality, without provisions for re- imbursement. (b) The term "Freely Associated State Air Carrier" shall apply exclusively to a carrier referred to in Article IX(5)(b) of the Federal Programs and Services Agreement concluded pursuant to Article II of Title Two and Section 232 of the Compact of Free Association. SEC. 304. MARSHALL ISLANDS FOOD ASSISTANCE. 2 3 4 5 6 7 8 9 10 11 12 Section 103(h)(2) of the Compact of Free Association 13 Act of 1985 (48 U.S.C. 1681 note) is amended by striking 14 out "five" and inserting in lieu thereof "ten 15 SEC. 305. NORTHERN MARIANAS COLLEGE. 16 Section 9(a) of the Act approved August 27, 1986 17 18 19 20 21 22 (Public Law 99-396), is amended by striking out "sub- section (a)." at the end and inserting in lieu thereof the following: "subsection (a), by striking out 'and Micronesia' each place it appears and inserting in lieu thereof `Microne- sia, and the Northern Mariana Islands; and, in subsection (b), by striking out 'and to Micronesia' and inserting in HR 2927 RS ;I , 1 c. 27 1 lieu thereof `, Micronesia, and to the Northern Mariana Is- 2 lands'.". Passed the House of Representatives November 5, 1991. Attest: DONNALD K. ANDERSON, clerk. Mt 2927 RS . 139 1021) CONGRESS 18T SESSION Calendar No. 374 . R. 2927 [Report No. 102-2431 AN ACT To provide for the establishment of the St. Croix, Virgin Islands Historical Park and Ecological Preserve, and for other purposes NoVEMI410.14 25 (legislative day, Novkabilai 23), 1991 Reported with an amendment II ° 1 a 102D CONGRESS 1st Session HOUSE OF REPRESENTATIVES ( IIIIP°02:5 SALT RIVER BAY NATIONAL HISTORICAL PARK AND ECO- LOGICAL PRESERVE AT ST. CROIX, VIRGIN ISLANDS, ACT OF 1991 NOVEMBER 5, 1991 --Committed to the Committee of the Whole House on the State of the Union and ordered to be printed Mr. MILLER of California, from the Committee on Interior and Insular Affairs, submitted the following REPORT together with DISSENTING VIEWS ITo accompany H.R. 292il The Committee on Interior and Insular Affairs, tc whom was re- ferred the bill (H.R. 29271 to provide for the establishment of the St. Croix, Virgin Islands Historical Park and Ecological Preserve, and for other purposes, having considered the same, report favor- ably thereon with an amendment and recommend that the bill as amended do pass. The amendment is as follows: al Strike out all after the enacting clause and insert in lieu thereof the following: '.RITZ Is I SHORT TITLE. This Act may he cited Pr the "Salt Rive, boy National Historical Park and Eco- logical Preserve at St Croix, Virgin Islands. Act of 1991- m.. 2 moms. The Congress finds that the Salt River Bay area of the north central coast of St Croix. United States Virgin Islands- I, has been inhabited. possibly as far back as 'JINNI BC. and encompasses all major cultural periods in the United States Virgin Islands. (21 contains the only ceremonial ball court ever discovered in the Lesser An tilles, village middens. and burial grounds which can provide evidence for the interpretation of caribbean life prior to Columbus, (3 is the on known site where members of the Columbus expeditions set foot on what is now United States territory. 141 was r focal point of various European attempts to colonize the area during the post-Colunibian period and contains sites of Spanish. French Dutch. Eng 59 -IA* s 0 ".* ay I 1 I 2 lish. and Danish settlements, including Fort Sale, one of the few remaining earthwork fortifications in the Western Hemisphere; r:ir presents an outstanding opportunity to preserve and interpret Caribbean history and culture, including the impact of European exploration and settle- ment. air has been a national natural landmark since February 19S0 and has been nominated for acquisition as a nationally significant wildlife habitat. contains the largest remaining mangrove forest in the United States Virgin Islands and a variety of tropical marine and terrestrial ecosystems which should be preserved and kept unimpaired for the benefit of present and future generations; and is worthy of a comprehensive preservation effort that should be carried out in partnership between the Federal Government and the Government of the United States Virgin Islands NEE I SALT 121% ER 1011 \ MONA!. HISTORICAL PARR AND Ea 111.04.1CAL PRESERVE 1T 'T I RI 151. %NHS. KNIABLISHM ENT -In order to preserve. protect. and interpret for the benefit of present and future generations certain nationally significant historical. cult Lral. and natural sites and resources in the Virgin Islands. there is established the Salt River Bay National Historical Park and Ecological Preserve at St Croix, Virgin I lands !hereafter in this Act referred to as the "park"). 'hi AREA INCLUDED The park shall consist of approximately 1,048 acres of land, waters, and interests therein within the area generally depicted on the map entitled "St Croix, Virgin Islands Historical Park and Ecological Preserve-, numbered NA SCHP sii,o01, and dated July 1941 The map shall be on file and available for public inspection in the offices of the National Park Service. Department of the Interior. and the Offices of the Lieutenant Governor on St Thomas and St Croix, Virgin Is- lands SEC I UV ISITIDN W !AND lap GENERAL AUTHORITY --The Secretary of the Interior ,hereafter in this Act re- ferred to as the -Secretary'', may acquire land and interests in land within the boundaries of the park only he donation. purchase with donated or appropriated funds or exchange Nothing in this section shall be construed to prohibit the Go, ernment of the Virgin Islands from acquiring land or interest in land within the boundaries of the park ,b1 LIMITATIONS ON AUTHORITY -Lands, and interests in lands, within the bound- aries of the park which are owned by the Virgin Islands. or any political subdivision thereof, may he acquired only by donation or exchange No lands, or interests there- in. containing dwellings lying within the park boundary as of July I, acquired without the consent of the owner, unless the Secretary determines, consultation with Government of the Virgin Islands. that the land is being duvet oiled or proposed to be developed in a manner which is detrimental to the natural, scenic. historic, and other values for which the park was established. euw.. S. ADMINISTRATION. 181 IN GENERAL The park shall he akin, roistered in accordance with this Act and with the provisions it law generally applicable to units of the national park system. including, but not limited to. the Act entitled An Act "o establish a National Park Service. and for other purposes". approved August 2.". 191f; ,39 Slat alai 1f US(' 1 and the Act of August 21, 19371 119 Stat. 1;1;1;. li; t' Sr 11;1 itT, In the case of a.,y conflict between the provisions of this Act and such generally applicable provi- sions of law, the provisions of this Act shall govern COOPERATIVE A. -SEEM :NTS WITH UNITED STATES VI -The Secretary, after con- sulting with the Salt River Bay National Historical Park and Ecological Preserve in St Croix Islands, Commission hereafter in this Act referred to as the mission fished by section C. is authorized to enter into cooperative agree- ments with the United States Virgin Islands, or any political subdivision thereof, for the management of the park and for other .irposes a. GENERAL MANAGEMENT "ILA N --I I i Not later than 3 years after the date of en- actment of this Act, the Se. retary, in consultation with the Commission. and with public involvement, shall develop and submit to the Committee on Interior and In- sular Affairs of the House of Representatives and the Committee on Energy and Natural Resources of Senate a general management plan for the park The general manes, -,ent plan shall describe the appropriate protection, management. uses, and develooment of the park consistent with the purposes of this Act ei. r (71 (111 VINCI% (al 1991. may be after (b) Virgin "Com- a 4 ' , r 3 12i The general management plan shall include, but not be limited to, the follow ing Ai Plans for implementation of a continuing program of interpretation and visitor education about the resources and values of the park (B) Proposals for visitor use facilities to be developed for the park (C1 Plans for management of the natural and cultural resources of the park, with particular emphasis on the preservation of both the cultural and natural resources and long-term scientific study of terrestrial, marine, and archeological resources, giving high priority to the enforcement of the _provisions of the A- (+viol itzli al Resources Protection Act of i979 116 U SC 44att et seq.) and the National Historic. Preservation Act 116 U.S.(' 470 et seq.' within the park The natural and cultural resources management plans shall be prepared in corral- tation with the Virgin Islands Division of Archeology and Historic Preservation 1DI Proposals for assessing the potential operation and supply of park conces- sions by qualified Virgin Island. owned businesses 1E1 Plans for the training of personnel in accordance with subsection Ito id) INTERIM Piarrri-mosi - Prior to the adoption of the park's general management plan, the Secretary, the Governor, and the Commission shall monitor all land and water. use activities within the area to ensure that such activities are in keeping with the purposes of this Act and shall advise and cooperate with the appropriate Federal, territorial, and local governmental entities to minimize adverse impaction the values for which the park is established le. ASSISTANCE TO PROM(YTE A VIRGIN ISLANDS TERRITORIAL PARK SYSTEM --During the 1 -year period beginning on the date of enactment of :nis Act, the Secretary shall provide the funds for the employees of the Government of the Virgin Islands directly engaged in the joint management of the park and shall implement. in con saltation with the Government of the Virgin Islands. a program under which Virgin Islands citizens may be trained in all phases of park operations and management A primary objective of such program shall be to train employees in the skills neces- aary for operating and managing a Virgin Islands Territorial Park System. sm.. I SALT RIVER HAI NATIONAL HISTORIC PARK AND ECOLOGICAL PRESERVE AT ST CHARM VIRGIN 1%.1 isle. (M MISSION. la ESTABLISHMENT --There is established a commission to be known as the Salt River Bay National Historical Park and Ecological Preserve at St Croix. Virgin !s- lands. Commission DCTIO -The Commission shall- make recommendations on how all lands and waters within the boundaries of the park can be jointly managed by the governments of the Virgin Islands the United States in accordance with this Act. 12) consult with the Secretary on the development of ..he general management plan required by section and 131 provide advice and recommendations to the Government of the Virgin G- lands, upon request of the Government of the Virgin Islands MEMBERSHIP --The Commission shall be composed of 10 members, as follows (1) The Governor of the Virgin Islands. or the designee of the Governor 12) The Secretary, or the designee of the Secretary I:0 Four members appointed by the Secretary 140 F. ur members appointed by the Secretary from a list provided by the Goy- .rnor the Virgin Islands, at least one of whom shall be a member of the Leg- islature of the Virgin islands Initial appointments made under this subsection shall be made within 121i days -tier the date of enactment of this Act, except that the appointments made unier aragraph (4 shall he made within 1211 days after the date on which the Secretary receives such list idi Trams The members appointed under paragraphs 13 and AI shall be appoint- d for terms of 1 years A member of the Commission appointed for a definite term may serve after the expiration of the member., term until a successor is apple-.;.J. A vacancy in the Commission shall be filled in the same manner in which the origi- nal appointment was made and shall be filled within 60 days after the expiration of the term. lei CHAIR -The Chair of the Commission shall alternate annually between the Secretary and the Goverror of the Virgin Islands All other officers of the Commis- sion shall be elects-, by a majority of the members of the Commission to serve for terms established by the Commission in Nicertsr.s.-The Commission shall meet on a regular basis or at the call of the ('hair Notice of meetings and agenda shall be published in the Federal Register and local newspapers having a distribution that generally covers the United States t.I (b) (1) and Ty; of /I s go leo 4 Virgin Islands Commission meetings shall be held at locations and in such a manner as to ensure adequate public involvement gi EXPENSES.- Members of the Commission shall serve without compensation as such. but the Secretary may pay each member of the Commission travel expenses, including per diem in lieu of subsistence, in accordance with section 5703 of title 5, United States Code Members of the Commission who are full-time officers or em- ployees of the United States or the Virgin Islands Government may not receive ad- ditional pay, allowances, or benefits by reason of their service on the Commission The Secretary shall provide the Commission with a budget for travel expenses and staff, and guidelines by which expeiditures shall be accounted for h FEDERAL ADVISORY COMMITTEE Act -Except with respect to the provisions of section 1-11b1 of the Federal Advisory Committee Act, and except as otherwise pro- vided in this Act, the provisions of the Federal Advisory Committee Act 15 U SC App 1 shall apply to the Commission ii) TERMINATION -The Commission shall termin rite 10 years after the date of en- actment of this Act unless the Secretary determines that it is necessary to continue consulting with the Commission in carrying out the purposes of this Act sacs. 7 AUTHORIZATION 1W APPROPRIAT11- There is authorized to be appropriated such sums as may be necessary to carry out this Act PURPOSE The purpose of H.R. 2927 ' as amended is to establish the Salt River Bay National Historical Park and Ecological Preserve at St. Croix, Virgin Islands. BACKGROUND Salt River Bay is located approximately four miles west of Chris- tiansted on the north-central coast of the island of St. Croix, United States Virgin Islands. The Salt River Bay area has long been recognized for its combination of significant natural and cul- tural resources. Archeological investigations have produced evi- dence of continuous prehistoric occupation of the site for at least 1500 years. This occupation is represented by village middens, burial remains and the only ceremonial ball court found in the Lesser Antilles. The site is also the focal point of various European attempts to colonize the Caribbean area. Salt River Bay is the only known site where members of the ex- peditions of Christopher Columbus landed on what was to become. United States territory. While Columbus is also known to have landed in Puerto Rico as well, the exact location of that landing is unknown. In 1493, on his second of four voyages to the New World, Columbus anchored his 17 ships outside the reef and sent his sol- diers to investigate an Indian village on the western side of the bay. The five acre Columbus Landing Site was designated a Nation- al Historic Landmark in 1960. This site is currently owned by the Virgin Islands government. Natural features at Salt River Bay include a variety of tropical marine and terrestrial ecosystems including the largest remaining mangrove forest in the United States Virgin Islands, a significant tropical reef system and a submarine canyon. The area is impor- tant for breeding white-crowned pigeons and a variety of North American song birds. The 690 acre Salt River Bay area was desig- nated a National Natural Landmark in 19S0. 11 R 29V was introduced by Delegate Ron de Lugo on July 1 7. 1991 ' v. ° The National Park Service conducted an Alternatives Study and Environmental Assessment of Salt River Bay at the request of Rep- resentative Ron de Lugo and the Virgin Islands Legislature. The study, which was completed in June, 1990, stated that, "The out- standing cultural and natural resources of the site, together with its significance as the only known Columbus associated site on the U.S. soil, has merit as a proposed territorial park or unit of the Na- tional Park System.- National significance of the site has already been established by the fact that large parts of the site have al- ready been designated as both a National Historic Landmark and a National Natural Landmark. The study contained three alterna- tives for development at the site and four alternative addressing park management but no preferred alternatives. SECTION-BY-SECTION ANALYSIS Section 1 of the bill as amended provides that this Act may be cited as the "Salt River Bay National Historical Park and Ecologi- cal Preserve at St. Croix, Virgin Islands, Act of 1991.- Section 2 presents various findings about the natural, archeologi- cal and historical significance of the Salt River Bay area of the north central coast of St. Croix, Virgin Islands. Section 3 provides for the establishment of the Salt River Bay National Historical Park and Ecological Preserve at St. Croix, Virgin Islands in order to preserve, protect and interpret for the benefit of present and future generations certain nationally signifi- cant historical, cultural and natural resources in the Virgin Is- lands. The park will consist of approximately 1,046 acres 0, land, waters and interests within the area generally depicted on a map referenced by the legislation. The Committee notes that while this boundary includes the most important historic, pre-historic and natural features of the area, the park's water and habitat quality will be directly affected by the condition of the watershed outside the park boundaries and therefore encourages cooperative efforts between the National Park Service and the Virgin Islands Govern- ment to protect the adjacent watershed. The Committee also notes that the boundary contained in the legislation is slightly larger than the Alternative C contained in the Alternative Study and En- vironmental Assessment prepared by the National Park Service. The Committee notes the strong interest expressed by the Secre- tary of the Interior in having this expanded boundary for natural resource and visual integrity reasons. Section 4 provides that the Secretary may acquire land and in- terests in land within the boundaries of the park only by donation, purchase with donated or appropriated funds, or exchange. The Committee notes that nothing in this section is to be construed as prohibiting the government of the Virgin Islands from acquiring land or interests in land within the boundaries of the park. The Virgin Islands Government has the authority to acquire lands or interests in land within the park boundaries without this being specifically provided for in this Act. The Committee understands the :Merest oil the part of the Virgin Islands Government in being an active participant in various aspects of the park. The Committee is also aware cf the interest expressed by some of the private land- 5 fi owners located within the park in donating land or interests in land for the purposes of the park and encourages such donation. This section further provides that lands and interests in lands within the boundaries of the park which are owned by the Virgin Islands or any political subdivision thereof may be acquired only by donation or exchange. No lands or interests therein containing dwellings lying within the park boundary as of July 31, 1991, maybe acquired without the consent of the owner, unless the Secre- tary determines, after consultation with the Government of the Virgin Islands, that the land is being developed or proposed to be developed in a manner which is detrimental to the natural, scenic, historic and other values for which the park was established. The Committee does not intend this provisions to mean that minor modifications to dwellings located within the park should trigger the possible exercise of eminent domain authority but rather that such changes or proposed changes be of a nature or extent which is determined by the Secretary to be detrimental to the various values for which the park was established. The Committee is aware of concerns about the potential costs in- volved in acquiring the dwellings located withir the park bound- aries. The Committee believes that potential donations and the use of scenic easements, landscape screening and other means could significantly reduce the need to acquire these dwellings in fee title. Furthermore, since the bill only provides for acquisition of these dwellings on a willing seller basis unless an incompatible develop- ment is proposed. there is a strong likelihood that the acquisition costs, if necessary, would be spread out over a long period of time. Section 5 provides that the park shall be administered in accord- ance with this Act and with the provisions of law generally appli- cable to units of the National Park System. In the case of a conflict between the provisions of this Act and such generally applicable provisions of law, the provisions of this Act govern. This Section makes clear that the area is to be a unit of the Na- tional Park System and that it shall be administered according to this Act and laws generally applicable to units of the National Park System including but not limited to the 1916 Organic Act. The bill as introduced did not make reference to these underlying. Acts and there was confusion about the exact status of the pro- posed park and about the authority of the National Park Service to manage and administer the lands within the park boundaries. This Section also provides that the Secretary may enter into co- operative agreements with the United States Virgin Islands or any political subdivision thereof for management of the park and for other purposes. The Committee would note the bill's emphasis on creating a part- nership between the government of the Virgin Islands and the Na- tional Park Service in various aspects of the park's establishment, development and management. The Committee appreciates the strong support for this partnership approach which I s been ex- pressed by the Secretary of the Interior and the Govt nor of the Virgin Islands. Actions taken by the Virgin Islands Legislature in- cluding denying permits for proposed de "elopments which would have been destructive to the Salt River Bay area also indicate the depth of support for this approach among Virgin Islands elected of- 7 ficials. Partnership approaches to park management are not unique in the National Park System and in this case the Commit- tee believes it is an appropriate way to proceed with benefits to accrue to the national and Virgin Islands government,. Coopera- tion between the Virgin Islands Government and the National Park Service in the management of this unit will not only be bene- ficial, but in the Committee opinion, it will be essential. The park contains a relatively small area and over half of the acreage of the park including all of the submerged lands are owned by the Virgin Islands Government. The federal government will be acquiring much of the remaining land so the result will likely be a mixed pattern of land ownership with the park. The viability of the natu- ral and cultural resources, the preservation of visual integrity and the provision of quality interpretation and visitor programs will depend in large measure on management issues being worked out in a cooperative fashion by the Virgin Islands Government and the National Park Service. One of the primary means of achieving this goal will be the use of cooperative agreements provided for by this Section. The Committee believes that these agreements should serve to prevent either the Federal Government or the Virgin Is- lands Government from taking any unilateral actions which are in- compatible with the purposes for which the park was established while at the same time ensuring that all lands ,.id waters within the park are managed in accordance with this Act, the General Management Plan adopted for the park and standards generally applicable to units of the National Park System. The Committee notes that the bill provide for consultation and participation by Virgin Islands citizens and government officials throughout the planning and management process. Section :4c) provides that not later than three years after the date of enactment of the Act the Secretary shall develop and submit to the relevant Committees of Congress a General Manage- ment Plan describing the appropriate protection, management, uses and development of the park consistent with the purposes of the Act. The subsection lists several subjects the General Manage- ment Plan shall address but does not limit the plan to those sub- jects. One of these is proposals for assessing the potential operation and supply of park concessions by qualified Virgin Islands-owned businesses. The Committee does not intend the General Manage- ment Plan to include explicit details about how the concessions would be managed by a specific business or businesses but rather should contain a mare general evaluation and assessment of the po- tential operation of concessions by such business or businesses if such concessio',s were found to be necessary and appropriate as a result of the planning process. Section 5(cli directs the Secretary, the Governor of the Virgin Is- lands and the Commission to monitor land and water use activity within the park area to ensure that such activities are in keeping with the purposes of the Act prior to the adoption of the General Management Plan. It encourages cooperation between appropriate federal, territorial, and local governmental entities to minimise ad- verse impacts on the values for which the park was established. While this subsection does not provide additional authority to the Secretary other than is provided in other sections of this its 1`.;t, intent is to emphasize the importanc of protecting natural and cultural resources as soon as the pars is established and until a more formal management plan is adopted. Local, national and international atten t ion will be focused on this site as the 500th An- niversary of the voyages of Christopher Columbus is commemorat- ed in 1992 and 19!--E3 and it is important to provide protection for this interim period _ Section 540 provides that during the 10 year period beginning on the date of enactment of this Act, the Secretary s1.0,11 provide the funds for the employees of the Government of the Virgin Islands directly engaged in the joint management of the park and shall im- plement, in consultation with the Government of the Virgin Is- lands, a program under which Virgin Islands citizens may be trained in all phases of park operations and management. The bill provides that a pri nary objective of this program is to train em- ployees in the skills necessary for managing and operating a Virgin Islands Territorial Park System. The Committee has received estimates from the National Park Service about the n umber of Virgin Islands Government employees it would expect to need under this provision and believes it is a small amount with a correspondingly modest amount of funding re- quired to pay salaries. The Committee believes that since these em- ployees will be directly involved in the management of the park and doing work for the benefit of this park, this is a reasonable and good-faith provision which will help promote the partnership approach which is essential to the success of the park. The Com- mittee does not intend funds to be used to pay the salaries for any Virgin Islands Government empkwee who is not directly involved in management or operation of this particular park. The Commit- tee expects the goals and scope of the training program to be fur- ther delineated in the planning process and encourages the use of the Intergovernmental Personnel Act as a potential means of achieving the inten t of the subsection. Section 6 establishes the Salt River Bay National Historical Park and Ecological Preserve at St. Croix, Virgin Islands, Commission. Among other duties. the Commission is directed to make recom- mendations on how all lands within the park can be jointly man- aged by the Virgin Islands and the United States in accordance with this Act and consult with the Secretary on the development of the General Management Plan, land use planning and related dis- ciplines. This Section provides further description of the duties, terms, meetings, expenses and other aspects of the Commission. The 10-member Commission would consist of the Secretary. the Governor of the Virgin Islands, four members appointed by the Secretary and four members appointed by the Secretary from a list provided by the Governor of the Virgin Islands, at least one of whom shall be a member of the Legislature of the Virgin Islands. The Committee intends that the representative from the Virgin Is- lands Legislature be a sitting member of that Legislature while he or she is serving on the Commission. The Committee believes and would encourage that the members of the Commission include but not be limited to representatives competent in the fields of history, archaeology, natural science. 8 I I 9 Section 7 authorizes to be appropriated such sums as may be nec- essary to carry out the Act LEGISLATIVE HISTORY AND COMMITTEE RECOMMENDATION A hearing on H.R. 2927 was held before the Subcommittee on National Parks and Public Lands on September 24, 1991 At the meeting of the Subcommittee on October 10, 1991, an amendment in the nature of a substitute was adopted by the Subcommittee and H.R. 2927, as amended, was favorably recommended to the Com- mittee on Interior and Insular Affairs. The Committee on Interior and Insular Affairs ordered the bill as amended favorably reported to the House on October 16, 1991 by a voice vote. CHANGES IN EXISTING LAW If enacted, H.R. 2927 would make no changes in existing law. OVERSIGHT STATEMENT The Committee intends to carefully monitor the implementation of the legislation to assure compliance with the intent of the Act, but no specific oversight hearings have been conducted on this matter. No recommendations were submitted to the Committee pursuant to rule X, clause 203142). INFLATIONARY IMPACT STATEMENT The Committee finds that enactment of this measure would have no inflationary impact on the national economy COST AND BUDGET ACT COMPLIANCE The Committee lx..lie%es that the funding involved is reasonable for the benefits that will be derived. No analysis was received from the Congressional Budget Office prior to filing this report. . 13 DISSENTING VIEWS Overall, we agree that the establishment of a federal park unit tin addition to the existing territorial park) commemorating the lo- cation where a small party of Christopher Columbus' men are re- ported to haie landed on American soil does have some merit. However, we find many aspects of the present bill to be as ulineces- sary and unworkable as the proposed 13-word name of the area. Our objections include the unnecessary park size which includes all lands within the viewshed, the requirements for the Federal gov- ernment to come up with all funds for this "partnership" park and the unclear park management framework. Salt River Bay National Historical Park and Ecological Preserve at St. Croix, Virgin Islands is fortunately in the minority of new areas proposed by Congress over the last 20 years, in that it has actually been preceded by a new area study. However, like virtual- ly every other new area study prepared by the Administration in recent years, this study has no recommendations. It does analyze 3 different alternatives, ranging from a 20-acre park focusing on his- toric resource preservation to a 912-acre park focusing on natural and cultural resources. A.. is vim dully always case, sponsors of this bill have rejected the smaller and more reasonable alternatives studied by the Administration. In fact, sponsors of this measure are proposing a park more than 51) time larger than the minimum area found suitable by the NPS stud) They opted for an alterna- tive : 45 acres larger than the largest alternative studied. This ad- ditional 145 acres will cost the taxpayers an estimated $12.5 mil- lion! The justification for this additional 145 acres is to preserve the viewshed from an interpretive site within the existing Virgin Is- lands territorial park, at the approximate location of the landing site. The reason this 145 acres costs about three times the amount per acre as compared to other lands proposed for acquisition in this hill is because the additional 1 45 acres includes about 20 very large homes, costing upwards of $200-300,000 each. The proponents of this boundary would have the government purchase these homes at a cost of millions of dollars only to bulldoze them into the ground. We reject arguments for drawing the park boundary along the viewshed boundary and support a smaller boundary as outlined in the NPS study. In fact, the professional planners from the agency considered and rejected this larger boundary for two primary rea- sons. First, NPS planners rejected it because it did not include sig- nificant natural or cultural resource values. neview of the inforn.a- tion on pages 109 through 111 of the NPS study reveals that the only natural resource in this proposed park which is substantially unrepresented is the existing National Park System is the offshore, submarine canyon. Second, NPS rejected it because of the cost Further, there is no evidence that the mere observation of homes on ridges up to 1/2 mile away from the landing site would have any impact on the park visitor experience. We also object to the philosophy of drawing entire park bound- aries on the basis of viewshed considerations. While it is true that 1 101 6 11 there are certain views which may be important to the park visitor experience and that those views should be addressed in park plans, that is a very different concept from drawing the entire park boundary to exclude views of any non-historic development. Draw- ing the park boundary in the manner suggested in this bill is cer- tain to give ammunition to proposals to expand virtually all of the several hundred existing historic sites where some non historic structure may he visible on the distant horizon Visitors to the site will experience a wide variety of non-historic sites and sounds regardless of whether the park boundary is drawn to protect the viewshed. These intrusions include other park visi- tors, traffic, visitor-related developments, boats on Salt River Bay, etc. Do sponsors of this measure envision proposals. to eliminate all these other non-historic influences? That is the only way the his- toric scene would truly be restored. After arguing so forcefully for a park boundary to include the entire viewshed, the hill's sponsors have included language prohib- iting condemnation of private dwellings. Normally, we would ap- plaud such a provision, but the inconsistency of drawing a bounda- ry to include all properties within the viewshed and then allowing those same houses to remain in perpetuity is inescapable. The pro- visions in this bill are certain to force private property owners to endure perpetual harassment by park managers who will want to control all development within the viewshed, but will have no money to pay for it. We also object to language in this regarding the management of the site. Sponsors of the bill claim that this is to be a partner- ship park, but examination of the bill shows that while joint mar- agement between the Virgin Islands and Federal governments is called for, the federal government is expected to provide all fund- ing for land acquisition. development and operation. Further, while the bill has been revised to establish the area as a unit of the park system, it contains broad exemptions from the National Park Serv- ice management policies and standards and fails to provide ade- quate resource protection safeguards. This bill should be revised to r I r include the minimum amount of land necessary for a viable park proposal and (21 clearly indicate what the respective roles of the Federal and Virgin Islands govern- ments are and what financial contributions will be made to this joint effort by the Virgin Islands government. If these changes were made, we could support this bill. Sincerely. JOHN J. RHODES. ELTON GALLEGLY. JOEL Hems, RON MARLENEF.. WAYNE ALLARD. BARBARA F. VUCANOVICH. Boa SMITH. JOHN T. DOOLITTLE. CHARLES H. TAYLOR. JAMES V HANSEN. JOHN J. DUNCAN, Jr. CRAIG THOMAS. 0 11 bill 102D CONGRESS 1ST SESSION Union Calendar No. 170 H. R. 2927 [Report No. 102-285] To provide for the establishment of the St. Croix, Virgin Islands Historical Park and Ecological Preserve, and for other purposes. IN TILE HOUSE OF REPRESENTATIVES JULY 17, 1991 Mr. DE LUGO (for himself, Mr. MILLER of California, Mr. YOUNG of Alaska, Mr. SHARP, Mr. VENT(), Mr. LAGOMARSINO, Mr. NIAMEY, Mr. MURPHY, Mr. RAttm.i., Mr. WILLIAMS, Mrs. BYRON, Mr. GE.IDEssoN. K.15T. MAYER, Mr LEHMAN of California, Mr. RICHARDSON, Mr. DAPDEX, Mr. VISCLOSKY, Mr. LEVINE of California, Mr. OWENS of Utah. Mr. LEWIS of Georgia. Mr. CAMPBELL of Colorado, Mr. DEFAzio, Mr. FALEOMAVAEGA. Mr. JOHNSON of South Dakota, Mr. Sci tuna, Mr. JONTZ, Mr. HOAGLAND, Mr. JOHNSTON of Florida, Mr. 1.Altocco, Mr. HANSEN, Mr. 111...v., Mr. RHODES, Mr. GALLE( ;LY. Mr. St.-11112E. and Mr. TAYLOR of North Carolina) introduced the following bill; which was referred to the Committee on Interior and Insular Affairs NOVEMBER 5, 1991 Reported with an amendment, committed to the Committee of t he Whole House on the State of the Union, and ordered to be printed (Strike out all after the enacting clause and insert the part printed in italic! [For text of introduced bill, see copy of bill as introduced on July 17, 1 9911 A BILL To provide for the establishment of the St. Croix, Virgin Islands Historical Park and Ecological Preserve, and for other purposes. I I3 Mr. 1 1. .10 wP e 2 1 Be it enacted by the Senate and House of Representa- tives of the United States of Americc in Congress assembled, SECTION I. SHORT TITLE. This Act may be cited as the "Salt River Bay National Historical Park and Ecological Preserve at St. Croix, Vir- gin Islands, Act of 1991". SEC. 2. FINDINGS. The Congress finds that the Salt River Bay area of the north central coast of St. Croix, United States Virgin Islands- 2 3 4 5 6 7 8 9 10 11 (1) has been inhabited, possibly as far back as 12 2000 BC, and encompasses all major cultural periods 13 in the United States Virgin Islands; 14 (2) contains the only ceremonial ball court ever 15 discovered in the Lesser Antilles, village middens, and 16 burial grounds which can provide evidence for the in- terprdation of Caribbean life prior to Columbus; 18 (3) is the only known site where members of the 19 Columbus expeditions set foot on what is now United 20 States territory; 21 (1) was a focal point of various European at- 22 tempts to colonize the area during the post-Columbian 23 period and contains sites of Spanish, French, Dutch, 24 English, and Danish settlements, including Fort Salt, fiR 2927 RH II 17 . 3 1 one of the few remaining earthwork fortifications in 2 the Western Hemisphere; 3 (5) presents an outstanding opportunity to pre- 4 serve and interpret Caribbean history and culture, in- 5 eluding the impact of European exploration and set- 6 tlement; 7 (6) has been a national natural landmark since 8 February 1980 and has been nominated for acquisi- 9 Lion as a nationally significant wildlife habitat; 10 (7) contains the largest remaining mangrove fir- 11 est in the United States Virgin Islands and a variety 12 of tropical marine and terrestrial ecosystems which 13 should he preserved and kept unimpaired for the bene- 14 fit of present and future generations; and 15 (8) is worthy of a comprehensive preservation ef- 16 fort that should be carried out in partnership between 17 the Federal Government and the Government of the 18 United States Virgin Islands. 19 SEC. 3. SALT RIVER BAY NATIONAL HISTORICAL PARK AND 20 ECOLOGICAL PRESERVE AT ST. CROIX. VIR- 21 GIN ISLANDS. 22 (a) EsTABLIsilmENT.-In order to preserve, protect, 23 and interpret for the benefit of present and future clem 24 lions certain nationally significant historical, cultural, and 25 natural sites and resources in the Virgin Islands, titer. is HR 2927 riff 2. . ft . ' 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 may acquire land and interests in land within the bound- 17 18 19 20 21 22 23 24 25 4 established the Salt River Bay National Historical Park and Ecological Preserve at St. Croix, Virgin Islands (here- after in this Act referred to as the "park"). (b) AREA INCLUDED.-The park shall consist of ap- proximately 1,046 acres of land, waters, and interests there- in within the area generally depicted on the map entitled "St. Croix, Virgin Islands Historical Park and Ecological Preserve", numbered NA-SCHP-80,001, and dated July 1991. The map shall be on file and available for public in- spection in the offices of the National Park Service, Deibart- meat of the Interior, and the Offices of the Lieutenant Gov- ernor on St. Thomas and St. Croix, Virgin Islands. SEC. 4. ACQUISITION OF LAND. (a) GENERAL AUTHORITY. -The Secretary of the lute rior (hereafter in this Act referred to as the "Secretary") aries of the park only by donation, purchase with donated or appropriated funds, or exchange. Nothing in this section shall be construed to prohibit the Government of the Virgin Islands from acquiring land or interest in land within the boundaries of the park. (b) LIMITATIONS ON AUTHORITY-Lands, and inter- ests in lands, within the boundaries of the park which an owned by the Virgin Islands, or any political subdivision thereof, may he acquired only by donation or exchange. No HR 1027 RN 71, c ' r. p 016 0 tor; 5 1 lands, or interests therein, containing dwellings lying with- 2 in the park boundary as of July 1, 1991, may be acquired 3 without the consent of the owner, unless the Secretary deter- 4 mines, after consultation with the Government of the Virgin 5 Islands, that the land is being developed or proposed to be 6 developed in a manner which is detrimental to the natural, 7 scenic, historic, and other values for which the park was 8 established. 9 SEC. 5. ADMINISTRATION. 10 (a) IN GENERAL-The park shall be administered in 11 accordance with this Act and with the provisions of law 12 generally applicable to units of the national park system, 13 including, but not limited to. the Act entitled "zin Act to 14 establish a National Park Service, and for other purposes", 15 approved August 25, 1916 (39 Stat. 535; 16 U.S.C. 1-4) 16 and the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 17 461- 167). In the case of any conflict between the provisions 18 of this Act and such generally applicable provisions of law, 19 the provisions of this Act shall govern. 20 (b) COOPERATIVE AGREEMENTS WITH UNITED 21 STATES VIRGIN ISLANDS. -The Secretary, after consulting 22 with the Salt River Bay National Historical Park and Eco- 23 logical Preserve at St. Croix, Virgin Islands, Commission 24 (hereafter in this Act referred to as the "Commission") es- 25 tablished by section 6, is authorized to enter into cooperu- Ill( FtH . 4 6 1 tire agreements with the United States Virgin Islands, or 2 any political subdivision thereof for the management of the 3 park and for other purposes. 4 (c) GENERAL MANAGEMENT PLAN.-(1) Not later than 5 3 years after the date of enactment of this Act, the Sec- 6 retary, in consultation with the Commission, and with pub- 7 lie involvement, shall develop and submit to the Committee 8 on Interior and Insular affairs of the House of Rep- 9 resentatives and the Committee on Energy and Natural Re- 10 sources of the Senate a general management plan for the 11 park. The general management plan shall describe the ap- 12 propriate protection, management, uses, and development 13 of the park consistent with the purposes of this Act. 14 (2) The general management plan shall include, but 15 not be limited to, the following: 16 (A) Plans for implementation of a continuing 17 program of interpretation and visitor education about 18 the resources and values of the park. 19 (B) Proposals for visitor use facilities to be de- 20 veloped for the park. 21 (C) Plans for management of the natural and 22 cultural resources of the park, with particular empha- 23 sis on the preservation of both the cultural and natu- 24 ml resources and long-term scientific study f terres- 25 trial, marine, and archeological resources, giving high HR 2027 RH z - 7 1 priority to the enforcement of the provisions rif the 2 Archeological Resources Protection Act of 197,_-9 (16 3 470aa et seq.) and the Natural Historic Pres- 4 ervation Act (16 U.S.C. 470 et seq.) within the park. 5 The natural and cultural resources manageweinent 6 plans shall be prepared in consultation with theme Vir- 7 gin Islands Division of Archeology and Historic Pres- 8 emotion. 9 (D) Proposals for assessing the potential oper- 10 ation and supply of park concessions by guaa. 4104 11 Virgin Islands-owned businesses. 12 (E) Plans for the training of personnel r- 13 conlance with subsection (e). 14 (d) INTERIM PROTECTION. -Prior to the adoptsaion of 15 the park's general management plan, the Secretary, the 16 Governor, and the Commission shall monitor all lanc-1 and 17 water use activities within the area to ensure that such ac- 18 tivities are in keeping with the purposes of this Acts I and 19 shall advise and cooperate with the appropriate Fe fend, 20 territorial, and local governmental entities to minimize ad- 21 verse impacts on the vanes for which the park is ~stab- 22 lisped. 23 (e) ASSISTANCE TO PROMOTE A VIRGIN ISLANDS TER 24 RIRIAL PARK SYSTEM.-During the 10-year peril. ..id IN- 25 ginning or the date of enactment of this Act, the Sec- *f tared HR 2927 RH .4"' A U.S.C. - / / . 1, 7 , /' , i n 8 1 shall provide the fiends for the employees of the Government 2 of the Virgin Islands directly engaged in the joint manage- 3 ment of the park and shall implement, in consultation with 4 the Government of the Virgin Islands, a program under 5 which Virgin Islands citizens may be trained in all phases 6 of park operations and management. A primary objective 7 of such program shall be to train employees in the skills 8 necessary for operating and managing a Virgin Islands 9 Territorial Park System. 10 SEC. 6. SALT RIVER BAY NATIONAL HISTORICAL PARK AND 11 ECOLOGICAL PRESERVE AT ST. CROIX, VIR- 12 GIN ISLANDS, COMMISSION. 13 (a) ESTABLISHMENT. -There is established a comis- 14 sion to be known as the Salt River Bay National Historical 15 Park and Ecological Preserve at St. Croix, Virgin Islands, 16 ( !oni m ss ion. 17 (b) DUTIES.-The Commission shall- 18 (1) make recommendations on how all lands and 19 waters within the boundaries of the park can be joint 20 ly managed by the Governments of the Virgin Islands 21 and the United State's in accordance with this Act; 22 (2) consult with the Secretary on the develop- 23 ment of the general management plan required by sec- 24 lion .5; and HR 2927 RH 7y Pt 9 1 (3) provide advice and recommendations to the 2 Government of the Virgin Islands, upon request of the 3 Government of the Virgin Islands. 4 (c) MEMBER SHIP. -The Commission shall be composed 5 of 10 members, as follows: 6 (1) The Governor of the Virgin Islands, or the 7 designee of the Governor. 8 (2) The Secretary, or the designee of the Sec- 9 retary. 10 (3) Four members appointed by the Secretary. 11 (4) Four members appointed by the Secretary 12 from a list provided by the Governor of the Virgin Is- 13 lands, at least one of whom shall be a member of the 14 Legislature of the Virgin Islands. 15 Initial appointments made under this subsection shall be 16 made within 120 days after the date of enactment of this 17 Act, except that the appointments made under paragraph 18 (4) shall be made within 120 days after the date on which 19 the Secretary receives such list. 20 (d) TERMS.-The members appointed under pam- 21 graphs (3) and (4) shall be appointed for terms of 4 years. 22 A member of the Commission appointed for a definite term 23 may serve after the expiration of the member's term until 24 a successor is appointed. A vacancy in the Commission 25 shall be filled in the same manna in which the original RR 2927 Rh a's J . -/ . 1 - ra f 4 ; oY ° 10 1 appointment was made and shall be filled within 60 days 2 after the expiration of the term. 3 (e) CHAIR.-The Chair of the Commission shall alter- 4 nate annually between the Secretary and the Governor of 5 the Virgin Islands. All other officers of the ( 'mission shall 6 be elected by a majoriiy of the members of the Commission 7 to serve for terms established by the Commission. 8 MEETINGS. -The Commission shall meet on a regu- 9 lar basis or at the call of the Chair. Notice of meetings and 10 agenda shall be published in the Federal Register and local 11 newspapers having a distribution that generally corers the 12 United States Virgin Islands. Commission meetings shall 13 be held at locations and in such a manner as to ensure 14 adequate public involvement. 15 (y) EXPENSES.- embers of the Commission shall 16 serve without compensation as such, but the Secretary may 17 pay each member of the Commission travel expenses, includ- 18 ing per diem in lieu of subsistence, in accordance with sec- 19 lion 5703 of title 5, United States Code. Members of the 20 Commission who are fill -time officers or employees of the 21 United States or the Virgin Islands Government may not 27 receive additional pay, allowances, or benefits by reason of 23 their service on the Commission. The Secretary shall pro- 24 vide the Commissien with a budget for travel expenses and HR NW RH V a r 6 pf 1 (I) / I I' 11 1 staff and guidelines by which expenditures shall be ac- 2 counted for. 3 (h) FEDERAL ADVISORY COMMITTEE ACT.-Except 4 with respect to the provisions of section 14(b) of the Federal 5 Advisory Committee Act, and except as otherwise provided 6 in this Act, the provisions of the Federal Advisory Commit- 7 8 9 10 11 12 13 14 There is authorized to be appropriated such sums as 15 tee Act (5 U.S.C. App.) shall apply to the Commission. TERMINATION.-The Commission shall terminate 10 years offer the date of enactment of this Act unless the Secretary determines that it is necessary to continue con- suiting with the Commission in carrying out the purposes of this Act. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. may be necessary to carry out this Act. HR 2927 FI ' , N_ n I 2 4 (i) wt 7 V W . d 2 1WD CONGRESS 1ST Sle..4m1( )11 Union Calendar No. 170 H. R. 2927 [Report No. 102-285) A BILL To provide for the establishment of the St. Croix, Virgin Islands Historical Park and Ecological Preserve, and for other purposes. 1170).10.100( 5. 1991 Reported with an amendment, committed to the Commit- tee of the Whole House on the State of the Union, and ordered to he printed I. rane,, VI% 1 11 102D CONGRESS 1ST SESSION H. R. 2927 To provide for the establishment of the St. Croix, Virgin Islands Historical Park and Ecological Preserve, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JULY 17, 1991 Mr DE LUGO (for himself, Mr. MILLER of California, Mr. YOUNG of Alaska, Mr SHARP, Mr. VENT°, Mr. LAGOMARSINO, Mr. MARKEY, Mr. MURPHY, Mr. RAHALL, Mr. WILLIAMS, Mrs. BYRON, Mr. GEJDENSON, Mr. KoST- MAYER, Mr LEHMAN of California, Mr. RICHARDSON, Mr. DARDEN, Mr VISCLOSKY. Mr. LEVINE of California, Mr. OWENS of Utah, Mr. LEWIS of Georgia, Mr CAMPBELL of Colorado, Mr. DEFAzio, Mr. FALEOMAVAEOA, Mr. JOHNSON of South Dakota, Mr. SCHUMER, Mr. JoNTz, Mr. HOAGLAND, Mr. JOHNSTON of Florida, Mr. LARocco, Mr. HANSEN, Mr. BLAZ, Mr. RHODES, Mr GALLEGLY, Mr. SLAULZE, and Mr. TAYLOR of North Carolina) introduced the following bill; which was referred to the Committee on Interior and Insular Affairs A BILL To provide for the establishment of the St. Croix, Virgin Islands Historical Park and Ecological Preserve, and for other purposes. 1 Be it enacted by the Senate and House of Representa- 2 tires of the United States of America in Congress assembled, G I \ , 1 ti 4) 1 SECTION 1. SHORT TITLE. 2 This Act may be cited as the "St. Croix, Virgin Is- 3 lands Historical Park and Ecological Preserve Act of 4 1991". 5 SEC. 2. FINDINGS. 6 The Congress finds that the Salt River Bay area of 7 the north central coast of St. Croix, United States Virgin 8 Islands- 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 (1) has been inhabited, possibly as far back as 2000 BC, and encompasses all major cultural peri- ods in the United States Virgin Islands; (2) contains the only ceremonial ball court ever discovered in the Lesser Antilles, village middens, and burial grounds which provide evidence for the interpretation of Caribbean life prior to Columbus; (3) is the only known site where members of the Columbus expeditions set foot on what is now United States territory; (4) was a focal point various European at- tempts to colonize the area during the post-Colum- bian period and contains sites of Spanish, French, Dutch, English, and Danish settlements, including Fort Sale, one of the few remaining mudwork fortifi- 24 cations in the Western Hemisphere; 25 (5) presents an outstanding opportunity to pre- 26 serve and interpret Caribbean history and culture, silk sir M o I... ° Jf :' 3 1 including the impact of European exploration and 2 settlement; 3 (6) has been a national natural landmark since 4 February 1980 and has been nominated for acquisi- 5 tion as a nationally significant wildlife habitat; 6 (7) contains the largest remaining mangrove 7 forest in the United States Virgin Islands and a va- 8 riety of tropical marine and terrestrial ecosystems 9 which should be preserved and kept unimpaired for 10 the benefit of present and future generations; and 11 (8) is worthy of a comprehensive preservation 12 effort that should be carried out in partnership be- 13 tween the Federal Government and the Government 14 of the United States Virgin Islands. 15 SEC. 3. DEFINITIONS. 16 As used in this Act- 17 (1) The term "Commission" means the St. 18 Croix, Virgin Islands Historical Park and Ecological 19 Preserve Commission established by section 7. 20 (2) The term "park" means the St. Croix, Vir- 21 gin Islands Historical Park and Ecological Preserve 22 established by section 4. 23 (3) The term "Secretary" means the Secretary 24 of the Interior. 1111 UV EH - n t - r. 4 1 SEC. 4. ST. CROIX, VIRGIN ISLANDS HIS'IsORICA-7L. PARK AND ECOLOGICAL PRESERVE. 3 (a) ESTABLISHMENT.-In order to preserve, protect, 4 and interpret for the benefit of present and fu lure genera- 5 tions certain nationally significant historical, and 6 natural sites and resources in the Virgin Islands, there 7 is established the St. Croix, Virgin Islands His.. torieal Park 8 and ,.ologica/ Preserve. 9 (b) AREA INCLUDED.-The park shall cc resist of ap- 10 proximately 1,046 acres of land, waters, acrid interests 11 therein within the area generally depicted on map niti- 12 tied "St. Croix, Virgin Islands Historical Park and Eco- 13 logical Preserve", numbered NA-SCHP-8410,001, and 14 dated July 1991. The map shall be on file aimed available 15 for public inspection in the offices of the Na. tional Park 16 Service, Department of the Interior, and the C> -fries of the 17 Lieutenant Governor on St. Thomas and St. Croix, Virgin 18 Islands. 19 SEC. 5. ACQUISITION OF LAND. -3 (a) GENERAL AUTHORITY.-The Secretes ry may a- 21 quire land and interests in land within the b> undaries of 22 the park only by donation, purchase with don ated or ap- 23 propriated funds, or exchange. Nothing in this se ,n 24 shall be construed to prohibit the Government of the Vi r- 25 gin Islands from acquiring land or interest in land within 26 the boundaries of the park. Hrt r in tl---xe o .0; 5 1 (b) LIMITATIONS ON AUTHORITY.-Lands, and inter- 2 ests in lands, within the boundaries of the park which are 3 owned by the Virgin Islands, or any political subdivision 4 thereof, may be acquired only by donation or exchange. 5 No lands, or interests therein, containing dwellings lying 6 within the park boundary as of July 1, 1991, may be ac- 7 quired without the consent of the owner. 8 SEC. 6. ADMINISTRATION. 9 (a) IN GENERAL.-The park shall be administered 10 pursuant to this Act and to the standards generally appli- 11 cable to units of the National Park System. 12 (b) COOPERATIVE AGREEMENTS WITH UNITED 13 STATES VIRGIN ISLANDS.-The Secretary, after consult- 14 ing with the Commission, is authorized to enter into coop- 15 erative agreements with the United States Virgin Islands, 16 or any political subdivision thereof, for the management 17 of the park and for other purposes. 18 (e) GENERAL MANAGEMENT PLAN.-(1) Not later 19 than 3 years after the date of enactment of this Act, the 20 Secretary, in consultation with the Commission and with 21 public involvement, shall develop and submit to the Corn- 22 mittee on Interior and Insular Affairs of the House of 23 Representatives and the Committee on Energy and Natu- 24 ral Resources of the Senate a general management plan 25 for the park. The general management plan shall describe HR 2927 ° 01 EH °I ^r 6 1 the appropriate protection, management, uses, and (level- 2 opment of the park consistent with the purposes of this 3 Act. 4 (2) The general management plan shall include (but 5 not be limited to) the following: 6 7 8 9 10 11 12 cultural resources of the park, with particular em- 13 14 15 16 17 18 19 20 21 22 23 24 25 (A) Plans for implementation of a continuing program of interpretation and visitor education about the resources and values of the park. (B) Proposals for visitor use facilities to be de- veioped for the park. (C) Plans for management of the natural and phasis on the preservation of both the cultural and natural resources and long-term scientific use of ar- cheological resources, giving high priority to the en- forcement of the provisions of the Archeological Re- sources Protection Act of 1979 (16 U.S.C. 470aa et seq.) and the National Historic Preservation Act (16 U.S.C. 470 et seq.) within the park. The natural and cultural resources management plans shall be prepared in consultation with the Virgin Islands Di- vision of Archeology and Historic Preservation. (D) Proposals for assessing the operation and supply of park concessions by qualified Virgin Is- lands-owned businesses. HR 2927 IN . ' 7 1 (E) Plans for the training of personnel in ac- 2 cordance with subsection (d). 3 (d) ASSISTANT TO PROMOTE A VIRGIN ISLANDS TER- 4 RITORIAL PARK SYSTEM.-During the 10-year period be- 5 ginning on the date of enactment of this Act, the Secretary 6 shall provide the funds for the employees of the Govern- 7 ment of the Virgin Islands directly engaged in the joint 8 management of the park and shall implement, in consulta- 9 tion with the Government of the Virgin Islands, a program 10 under which Virgin Islands citizens may be trained in all 11 phases of park operations and management. A primary ob- 12 jective of such program shall be to train employees in the 13 skills necessary for operating and managing a Virgin Is- 14 lands Territorial Park System. 15 (e) TRANSFER AUTHORITY.-The Secretary is au- 16 thorized to transfer within the Department of the Interior 17 administrative jurisdiction over portions of the park. 18 SEC. 7. ST. CROIX, VIRGIN ISLANDS HISTORICAL PARK AND 19 ECOLOGICAL PRESERVE COMMISSION. 20 (a) ESTABLISHMENT.-There is established a com- 21 mission to be known as the St. Croix, Virgin Islands His - 22 torical Park and Ecological Preserve Commission. 23 (b) DUTIES.-The Commission shall- 24 (1) make recommendations on how all lands 25 within the boundaries of the park can be jointly 4112 2927 171 8 1 managed by the Government of the Virgin Islands 2 and the United States in accordance with this Act; 3 (2) consult with the Secretary on the develop- 4 ment of the general management plan required by 5 section 6; and 6 (3) provide advice and recommendations to the 7 Government of the Virgin Islands, upon request of 8 the Government of the Virgin Islands. 9 (c) MEMBERSHIP.-The Commission shall be corn- 10 posed of 10 members, as follows: 11 (1) The Governor of the Virgin Islands, ex 12 officio. 13 (2) The Secretary, ex officio. 14 (3) Four members appointed by the Secretary. 15 (4) Four members appointed by tile Secretary 16 from a list provided by the Governor of the Virgin 17 Islands, at least one of whom shall be a member of 18 the Legislature of the Virgin Islands. 19 (d) TERMS.-The members appointed under para- 20 graphs (3) and (4) shall be appointed for terms of 4 years. 21 A member of the Commission appointed for a definite 22 term may serve after the expiration of the member's term 23 until a successor is appointed. A vacancy in the Commis- 24 sion shall he filled in the same manner in which the origi- 2927 111 011k -7 -*)0 9 1 nal appointment was made and shall be filled within 60 2 days after the expiration of the term. 3 (e) CHAM.-The Chair of the Commission shall alt-ser 4 nate annually between the Secretary and the Governor- of 5 the Virgin Islands. All other officers of the Commissi -ion 6 shall be elected by a majority of the members of the Comm. 7 mission to serve for terms established by the Cornmissi on. 8 (f) MEETINGS. -The Commission shall meet orir-1 a 9 regular basis or at the call of the Chair. Notice of rneetii a.gs 10 and agenda shall he published in local newspapers havi-ing 11 a distribution that generally covers the United States 12 gin Islands. Commission meetings shall be held at to -..ca- 13 tions and in such a manner as to ensure adequate puHblic 14 imulvement 15 (g) EXPENSES.-Members of the Commission sh. -loll 16 17 18 19 20 21 22 23 24 serve without compensation as such, but the Secreta:4-iry may pay each member of the Commission travel expenes, including per diem in lieu of subsistence, in accordarirrice with section 5703 of title 5, United States Code. Members of the Commission who are full-time officers or employ-ees of the United States or the Virgin Islands Government may not receive additional pay, allowances, or benefits by reason of their service on the Commission. The Secreta.- ry shall provide the Commission with a budget for travel - ex- FiR 2927 Iii ti ---""..0 r Vjir, \ . 7 fa. 10 1 penses and staff, and guidelines by which expenditures 2 shall be accounted for. 3 (h) FEDERAL ADVISORY COMMITTEE ACT.-Except 4 with respect to the provisions of section 14(b) of the Fe(i- 5 oral Advisory Committee Act, and except as otherwise pro- 6 vided in this Act, the provisions of the Federal Advisory 7 Committee Act (5 U.S.C. App.) shall apply to the Commis- 8 sion. 9 10 11 12 13 14 15 16 (i) TERMINATION.-The Commission shall terminate 10 years after the date of enactment of this Act unless the Secretary determines that it is necessary to continue consulting with the Commission in carrying out the pur- poses of this Act. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated such sums as may be necessary to carry out this Act. 1111 2827 tH 0 II - 1 eilrigey , . 1 .1 :. L '3 January 91, 1092 dlIGRESSIONAL out that the Oregon Trail yea crowded with wagon trains army units, mis- sionaries, hunting tartlet'. traders, and even sightseeing to an. Some travelers complained that, hat like today, they had to stop early tc find good camp- site ahead of the crowd. The Oregon Trail wound 2,000 dies through prairies and d, unto, and across mountains and hills that must have deemed as high is 'the mountains the travelers had k.i.vern back East. After gathering at Independence. these early settlers followed the Oregon trail as It ran In n northwester- ly course to Fort 'Emmy, NE. then continued on through Nebraska, Wyo- ming, Idaho, and ultimately to Oregon Imagine the joy these travel- rs WA. as their wagons came rolling off Holcomb Hill near present-day Baker City, OR to the end if their journey, for they had made 't and were about to embark on a new life for themselves and their families in beau- tiful Oregon territory. Mr. Peddent. I am sure that these pioneers who traveled the Oregon Trail thought that they were just ordi- nary, hard-working blokes, but let me assure you that they were not. They were the backbone of the movement to settle the Northwest. They are the reason that my home town, the great city of Portland. exists today. They are the ancestors of those same consci- entious Oregonians who contribute so much even now to their country, whether they work in the timber in- dustry or serve in our Armed Forces. I would like to applaud them all today for making our country into the great Nation that it now is as we near the sesquicentenniad anniversary of the Oregon ST. CROIX. VIRGIN ISLANDS HIS- TORICAL PARK AND ECOLOGI- CAL PRESERVE Mr. MITCHELL. Mr. President, I ask unanimous consent that the Senate proceed to the immediate con- sideration of Calendar No. 374, H.R. 2927, the Omnibus Insular Areas Act of 1992. The PRESIDING OFFICER. The --perk will report. The bill clerk read as follows: A bill (H.R. 21127) to provide for the estab- lishment of the St. Croix, Virgin Islands Historical Part and Ecological Preserve, and for other purposes. The PRESIDING OFFICER. Is there objection to the immediate con- sideration of the bill. There being no objection, the Senate proceeded to consider the bill, which had been reported from the Commit- tee on Energy and Natural Resources, with an amendment to strike all after the enacting clause and inserting In lieu thereof the following: RECORD- SENA S 813 Tr11S -SALT RIVER RAT NATIONAL HISTORICAL PARE AND ECOLOGI- CAL PRZSMitTE AT ST. CROIX VIRGIN .:WANDS ersn'tne Nt MORT TTRZ This title may be cited as the "Salt River slay National Material Part and Ecological Preserve at St Croix. Virgin Islands. Act of lair sac. sill F111009:a The Congress finds that the Salt River Bay area of the north central coast of St. Croix. United Ste r Virgin Islands- (1) has been Inhabited, possibly as far back as 3000 RC. and encompasses all major cultural periods In the United States Virgin Wands; (2) contains the only ceremonial ball court ever discovered in the Lesser Antilles, vil- lage middens, and burial grounds which can provide evidence for the interpretation of Caribbean life prior to Columbus: (3) Is the only known site where members of the Columbus expeditions set foot on what Is now United States territory: (4) was a focal point of various European attempts to colonise the area during the post-Colombian period and contains sites of Spanish. French, Dutch. English, and Danish settlements. Including Port Sale, one of the few remaining earthwork fortifica- tion., In the Western Hemisphere: (5) presents an outstanding opportunity to preserve and Interpret Caribbean history and culture. including the impart of Europe- an expiration and settlement (6) hat been a national landmark since February 1990 and has been nominated for acquisition as a nationally significant wild. lie habitat, (7) contains the largest remaining man- grove forest In the United States Virgin Is- lands end a variety of tropical marine and terrestrial ecosystems which should be pre- served and kept unimpaired for the benefit of present and future generations. and iii is worthy of comprehensive preserva- tion effort that should be carried out in partnership between the Federal Govern- ment and the Government of the United States Virgin Islands. RV' I11 %ALT NV= BAT NATIONAL enema ri. PARS AND 111T1tAX:11AAL PRY: navy AT PT MIMI. VIRGIN ISLAND& (a) Eirrounismicre In order to preserve. protect, and interpret for the benefit of present and future generations certain na- tionally significant historical, cultural, and natural sites and resources in the Virgin Is- lands, there is established the Salt River Bay National Historical Part and Ecological Preserve at St. Croix. Virgin Islands (here- after In this Act referred to as the "park"). (b) AREA Immune:D.-The park shall consist of approximately 912 acres of land, waters. submerged lands, and Interests therein within the area generally depicted on the map entitled "Salt River Study Area-Alter- native 'C' In the "Alternatives ...study and Environmental Amassment for the Colum- bus Landing Site, St. Croix. U.S. Virgin Is- lands". prepared by the National Part Serv- ice and dated .une 1990. The map shall be on file and available for public inspection In the offices of the National Part Service. De- partment of the Interior, and the Offices of the Lieut., runt Governor of St Thomas and St. Croix. Virgin Islands. sec. DM . moos or LAND (a) Geremuu. Acrnioarre -The Secretary of the trader (hereafter in this title re- ferred to as the 'Secretary") may acquire land and interests In land within the bound- aries of the part by donation, purchase with donated or appropriated funds, or exchange. Nothing In this section shall be construed to prohibit the Government of the United States Virgin Islands from acquiring land or interest in land within the boundaries of the park. (0) Lnriverioes or Atersiosnv.-Lands. and Interests In lands, within the bound arses 4 the part which are owned by the United States Virgin Islands, or any patti- :al subdivision thereof. may be acquired only by donation or exchange No lands, or Interests therein, containing dwellings lying within the part boundary as of July 1. 1991. may be acquired without the consent of the owner. unless the 8:cretary determines. after consultation with the Government of the United States Virgin !aguish, that the land Is begin developed or proposed to be deve:oped in manner which is detrimental In the natural, scenic, historic, and other values for which the part was established. sac tat ADOIINDITIATION (a) Is Osersaan -The park shall be admin (stereo In accordance with this title and with the provisions of law generally applica- tote to units of the national park system. In- cluding, but no. limited to, the Act entitled "An Act to establish a National Park Sene ice. and for other purposes". approved August 25. 1916 (39 Stat. 535. Iii US C 1. 2 4) and the Act August 21, 1935 (49 Stet 6641. 16 U.S.0 eel -4417 ). In the case of any conflict between the provisions of this Act and such generally applicable provisions of law, the provisions o: this Act shall govern. (b) COOERATIV1 AGaggliraWTS -The Secre- tary. after consulting with the Salt River Bay National Historical Part and Ecological Preserve at St. Croix, Virgin Islands, Com- mission (hereafter in this Act referred to as the "Commission") established by section 106 of this tate, is authorised to enter Into cooperative agreements with the United States Virgin Islands. or any political subdi- vision thereof. for the management of the park and for other purposes. tee poran,u. humans= Pus -411 Not later than 3 years after the date funds are made available for this subsection. the See retary. in consultation with the Commis- sion, and with public involvement, shall de- velop and submit to the Committee on Energy and Natural Resources of the United States Senate and the Committee on Interior and Insular Affairs of the United States House of Representatives general management plan for the part. The general management plan shall describe the appro- priate protection, management. uses, and development of the park consistent with the purposes of this title. (2) The general management plan shell In- clude, but not be limited to. the following: (A) Plans for Implementation of con- tinuing program of Interpretation and visi- tor education about tile resnurces and yahoo of the part. (B) Proposals for visitor use (plinks to be developed for Lie park. (C) Plans for managemen. of the natural and cultural resources of the part, with par- ticular emphasis on the preservation of both the cultural and natural resources and long-term scientific study of terrestrial. marine, and archeological resources, giving high priority to the enforcement of the pro- visions of the Archeological Resources Pro- wont, Act of 1979 (II U.S.C. 4705a et seq.) and the National Historic Preservation Act tig U.S.C. 470 et seq.) within the part. The natural and cultural resources management plan- shall be prepared in coasultatior. with the Virgin Island Division of Archeology and Historic Preservation. (D) Proposals for assessing the potential operation and supply of park concessions by qualified Virgin Islands-owned badmen. (El Plans for the training of p.' -cannel in accordance with subsection (e). re, m- :. t. Trails 5 L. , .01 44 -.- a S 814 NGRESSIONAL RECORD - January ii, 1992 (di Twines AllsSTamiCIL -During the IS year period beaten:tie on the date of enact- ment of this title, the Secretary shall. sub- ject to appropriations. provide the forum for the employees of the (internment of the United States Virgin ?sands dirertly en- gaged in the joint ETAmsrernent of the part aryl shall impiensent. in consultation with the Government of the United States Virgin Wands. program under which Virgin la- hush (-Aliens may be trained in all phages of part operations and management Pro- ride!. however, That is no event shall the Secretary provide more than !.0 percent of the funding for such purposes. A primary objective of the program shall be to train employees in the skills necessary for operat- ing and managing a Virgin Islands Territori- al Part System. am( let mil' siva PAT MAMMAL 14INTINLP AL P AND anntora( U. .tars IT ST mini VIRGIN 'MIAMI& tun /1111MION (a) Ensucuseanory - There is established a ennunisecei to be known as the Salt River May National Historical Part and geological Preserve at Ill Croix. Virgin Islands. Com- mission (dl Dorms -The Commission shall- I 1 ) make recommendations on how all lands and waters within the boundaries of the part can be Jointly managed by the gov- pertinent. of the United States Virgin Is- lands and the United States in accordance with this title. (2) consult with the Secretary on the de- velopment of the general management plan required by section 105 of this Utle. and (3) provide advice and recommendations to the Government of the United States Virgin Islands. upon request of the Govern merit of the United States Virgin Islands. (e) Inommunur.- The Commission shall be composed of II members. as follows (1) The Governor of the United States Virgin Islands. or the designee of the Omer nor. (2) The Secretary. or the designee of the Secretary (3) Pour members appointed by the Secre- tary (4) Pour members appointed by the Secre- tary from a list provided b the Governor of the United States Virgin Wands, at least one of whom shall be a member of the Leg- taus of the United States Virgin Islands Initial appointments made under this sub . section shall be made within 120 days after the date of enactment of this title. except that the appointments made under para- graph (41 other be made within 120 days after the date on which the Secretary re- craves such list. (d ) Trases.- The members appointed uncle paragraphs (3) and (4) shall be ap- pointed for terms of 4 years. A member of the Commission appointed for definite term may serve after the expiration of the member's term until successor is appoint- ed A vacancy In the Commission shall be filled In the same manner In which the original appointment was made and shall be filled within 00 days after the expiration of the term. (e) Chita. -The Chair of the Commission shall alternate annually between the Secre- tary and the Governor of the United States Virgin Wanda. ill other officers of the Commission shall be elected W a majority of the members of the ComilMin to gene for terms established by the Comma lane ( f ) lemen18111-Thil Commission shall meet on regular basis or at the call of the Chair. Notice Of zeroth= tend agenda shell be pubibbs M the Federal lad local qua Moan dletsfineke thee generally coons the United Molts Vbgin lands. Cousebrica ammlbol duels Mal at imitates and Oa such a meaner as to ensure rove public Involvement III Emmen -Members of the Commie- lion shall serve without compensation as such. but the Secretary may pay each member of the Commission travel expenses. Including per diem in lieu of subensteme in accordance with section. 410) of title 5. United States Code Members of the Coco mission who are full time officers of em- ployees of the United States or the Virgin Wands Government may not receive add, tional pay. allowances, or benefits by reason of their service on the Commission. The Secretary shot: provide the Commission with budget for travel expenses and staff. and guidelines by which expenditures shall be accounted for th) Tema Abelson t osier,. AcT - Except with respect to the provisions of sec- tion 14(b) of the Federal Advisory Commit- tee Act, and except se otherwise provided in this Utle. the provisions of the Federal Advi sory Committee Act (5 U.S.C. App.) shall apply to the Commission. (I) Tgarturnies -The Commission shall terminate 10 years after the date of enact- ment of this tithe unless the Secretary deter mines that it is necismary to continue con- sulting with the Commission in carrying out the purposes of this title. an irr AUTISM/ATMS.' or &PM oral ATM tent There Is authorised to be appropriated such sums as may be necessary to carry out this title. TITLE 11 -INSULAR AREAS DISASTER SURVIVAL AND RECOVERY SEC Es tigriernorok As used In this title - (1) the term -insular area means any of the following. American Samoa, the Feder- ated States of Micronesia. Guam. the Mar- shall Islands, the Northern Mariana Islands. the Trust Territory of the Pacific Islands. and the Virgin Islands. (2) the term "disaster" means declare tion of a major disaster by the President after September 1. 1089. pursuant to section 401 of the Robert T Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170): and (3) the term "Secretary" means the Secre- tary of the Interior ME NE errimuzeTion. There are hereby authorised to be appro- priated to the Secretary such sums as may be necessary to construct facilities to pro- tect public health and safety and to en- hance the survivability of essential infra- structure In the event of disasters In the in- sular arras. Such sums shall remain avail- able until expended. sian INS TOTIENICAL ASAP TARIM (A) Upon the declaration by the President of a disaster in an insular area the Pram,- dent shall assess, in cooperation with the Secretary and chief executive of such insu- lar area, the capability of the insular gov- ernment to respond to the disaster. Includ- ing the capability to -weds damage. coordi- mote activities with Federal agencies. par- ticularly the Federal Emergency Manage- ment Agency: develop recovery pram In- cluding recommendations for enhancing the survivability of essential Intl &structure: ne- gotiate and manage reconstruction con- tracts; and prevent the misuse of funds. If the President finds that the boning' govern- ment lacks any of these or other capabilities es-ential to the recovery effort, then the President shall provide tart Meal usistanne to the iambic wee which the Pnailsse deems nenseenr7 for the recovery effort One year following the declaration by the President of a dander in en insular area the Secretary shall submit to the Senate Committee on Energy and Natural Resources and the Sense Committee on In. tenor and Insular Affairs a report on the status of the recovery effort. IneltadbE an audit of Federal funds expended In the re- covery effort and recommendations on how to improve public health and gaiety. surety- ability of infrastructure. recovery efforts, and effective use of funds in the even. of future disasters. nor sea SALAAM fationata Upon determination by the President, the total of contributions under section 404 of the Disaster Relief and Emergency Assist- ance Amendments of 1948 (42 U.S.0 4121 et seq. for insular areas shall not exceed 10 percent of the estimated aggregate amounts of grants to be made under sections 403. 404. 407. 408. and 411 of such Act for any disas- ter Pentode!. That the President shall re- quire a SO gamest,. local match for assistance In excess of 10 percent of the estimated ag- gregate amount of grant"; to be made under section 406 of such Act for any disaster. sac sea TETIPACAL AMETNESTENT Paragraphs (3) and (4) of section 102 of The Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121) are each amended by inserting after "Amer- ican Samoa- the following "The Northern Mariana Islands," TITLE ill MISCELLANEOUS PROVISIONS sec ter AMERIcAS SAINTA WATTS AND POTTIER PT) DT (a) The Secretary of the Interior shall un- dertake comprehensive study, or es appro- mist/ review and update existing studies, to determine the current and long term water, power. and waste -water needs of American Samoa. Such study shall be conducted In consultation with the American Samoa got ernment, and In consultation with those Federal agencies which have recent experi- ence with the water, power and waste-water needs of American Samoa. (b) The Secretary of the Interior shall report the results of this study to the Com- mittee on Energy and Natural Resources of the United States Senate and the Commit- tee on Interior and Insular Affairs of the United States House of Representatives. before December 31. 10e2 The report shall Include (1) an assessment of the water power and waste-water needs of American Samoa both currently, and for the year 2000: (2) an assessment and recommendations on how these needs can be met. (3) an assessment and recommendations for any additional legal authority or fund- ing which may be necessary to meet these needs. anti (4) an assessment and recommenclaUms on the respective roles of the Federal and American Samoa governments In meeting these needs. SPE. fit INSULAR covtenenter roux twire The Governments of American Samoa. Guam. the Northern Mariana Islands. the Trust Territory of the Pacific Wands, and the Virgin Islands are authorised to make purchases through the General Services Ad- ministration. sec. Ns. mum, *semi ATED STATE MUIR (a) In furtherance of the objectives of the Compact of Free Association Act of 1986 (Public Law 90-239) and notwithstanding any ether provision of law. a Freely Amon- ated State Air Carrier shall not be preclud- ed from providing transportation. between a place in the United States and a place In a state In free association with the United States or between two places in such a freely associated state. by air or persons S 61 i . . - (. - , . . - f k me January 51. 1992 AlIGRESSIONAL RECORD - SENA. (and the& gsmossi enema, and pleurisy contracted for. or otherwise DO- Was. bg any smooths department or other agency'. or Instrumentality of the Weed States for Its own account or hi tur- litersrsee of the purposes or pursuant to the terms of any contract. agreement, or other ime9611 an--_ sat made err entered Into under which payment Is made by the United Seam or payment is made from funds ap- moorland. owned, controlled. grunted, or mantra conelframara or glided by or oth- mein 11,4 bashed for the account of the anted elates, Sr doll be furnished to or for the asesat of any foreign nation, or say international &Semi'. or other urge/aim- ties of whatever nationality, without provi- sions for reimbursement. (b) The term- "Freely Associated State Air Carrier" shall apply exclusively to earner referred to IM Article Max b) of the Feder- al Program, and Semites Agreement con- eluded mem* to Article II of Title Two and Section 232 of the Compact of Free As- social ion MA/' set VAIMIALL ISLANDS mine Armament Section ten h)(2) of the Compact of Tree Association Act of 1551 (46 U.S.C. 1601 note)) Is amended by striking out "rive" and Inserting to lies thereof "ten". Sat ali enema imams musics Section 111a) of the Aet approved August 77. ION (Public Law WINK Is amended by striking out "subsection (a)." at the end and Inserting in lieu thereof the following "sub- section (a), by striking out 'end Micronesia' each place It appears and inserting in lieu thereof 'Micronesia. and the Northern Marl aim Islands': and. In subsection e h ), by stilt ing out and to Micronesia' and raven. to lieu thereof Micronesia. and to the North ern Mariana Wands ". 1101111Olff 10. ISIS Mr. MITCHELL. Mr. President. in behalf of Senator Joitnwron. I send an amendment to the desk and ask for its Immediate consideration. The PRESIDU40 OFFICER. The clerk will report. The assistant legislative clerk read as follows: The Senator from Maine IMr. Mircissu.1. for Mr Johnston. proposes an amendment numbered 1523. Mr. MITCHELL Vi. President, I ask unanimous consent that the read- ing of the amendment be dispensed with. The PRESIDING OFFICER. With- out objection. It is so ordered. The amendment is as follows: 1. Insert after the enabling dame:, "SEC- TION 1. SHORT TITLE This Act may be cited as the Omnibus Insular Areas Act of I M.". 7. In section NM, strike the existing test and Insert in Use thereof the following "There are hereby authorised to be appro- petaled to the Secretary suet. sums as may be necessary to-- (1) reconstruct essential public' facilities damaged by disasters in the insular areas that occuned prior to the date of the enact- ment of tine AA sail (2) enhance the garvilesbIlity of ammistial public fealties be tea avast of disasters In the Insular areas. 'some' that with respect to the disaster de- clared by the Freakiest In the case of Hard- cane Hugo, September 1969. amounts for any fiscal year mall not exceed 26 percent of the sailmated aggresses sgasiant tracts to be made under grebe= OM and' 406 of The Robert T. Stalled Mester Relief and Swisegencm Amherst Act (MI 1175 1172) for such eisester. Such suns shall remain available until expend- ed.". 3. la gametes "Ma% strike the phrase the Fees dent shall amea- and Insert In Ilea thereof "the President. acting through the 'Director of the Federal ttnergency Manssorsat Agency. shall amens,' . 4. In UMW. strike the phrase. "the Salutary shall submit". and ;meet isi flea thereof. IM Secretary. In consultation with the Director of the Federal Eraegency Management Agent". shall smilt" le section 19 1. strike all up to and M- chide( the phrase "442 O.S.C. 4121 et seq.) for" end insert Vilna thereof. -The total of contributions under the last sentence of see- teen 4114 of the Motion T. Stafford Dimmer Relic/ and Emergency Ambience Art (42 U.S.C. 5110c) for the". 6. In section 101 strike the word -waste- water" and Insert In lieu thereof wastewater" each piece It occurs. 7 In subsection :Glib). paragraphs (2) and 4, strike the phrase an ...eminent and recommendations on" and insert in lieu thereof, an asseemnent of. and recosrunevi- dation& regarding.". and In paragraph (3) strike the phrase an areirment and record mendations for and Wart In lieu thereof an assessment of, and recommendations re- & 11 Section NW strike the "timing text and Insert In lieu thereof the Mora., "Section Ma) of Public Levi 1111-355 is amended by striking out the period at the end and inserting In lieu thereof the follow- ing: "and in subsection (b). by striking out 'and Micronesia' each place It appears and Inserting to lieu thereof 'Micronesia, and the Northern Mariana Island.' and by strik- ing out 'and to Micronesia' and inserting in lieu thereor. Micronesia. and to the North- ern Mariana islands*.. Mr. AKAKA. Mr. President, I rise In support of the Senate amendment to H.R. 2927. The Energy and Natural Resources Committee Pas proposed a number of changes to the House bill. and most of these changes are techni- cal In nature. There is one change. however, that deserves special attention. The com- mittee has recommended that the Fed- eral Emergency Management Agency (TEMA) be permitted to enhance the survivability of certain essential public utilities when a natural disaster strikes the US. territories. There are sound maroons for this change. It is an unfortunate fact of life that the territories suffer more than their share of natural disasters. For example, there have been three Presidentially declared disasters in the Republic of the Marshall Islands In the last 2 years In the aftermath of each storm. TEMA provided asnistance to RMI to repair water, electric, sewage treatment, and other essential public utilities as required by law. Un- fortunately, much of the work to repair these facilities Is often undone as soon as the next disaster strikes. Unless we harden these facilities, tee will never interrupt the unfortunate cycle of storm destruction and .seer. I can personally attest to the vales of enhancing the ability of these meow Lisa public facilities to survive future storms. In last December. I traveled to the Pacific and witnessed the deassta- S 815 Lion that occurs when tropical storm strikes. Two weeks before my arrival at Kwajalein Atoll In the Republic of the Marshall Islands, these islands were hit by Tropical Storm Zelda. When low-lying island such as this is hit by the high 'wind@ and wave surge that accompanies a tropical storm, the dev- astation is unusually great. There is very little to shelter telephone poles. communication infrastructure and waste treatment facilities from the full force of such a storm. Although the initial outlay to harden these fa- cilities may be higher, the savings in the long term will be significant be- cause they will be able to withstand future disasters with little or no damage. Our amendment represents sound public policy and a prudent use of Fed- eral resources. As a cosponsor. I urge its adoption. The PRESIDING OFFICER. The question is on agreeing to the amend- ment. The amendment (No. 1523) was agreed to. Mr. JOHNSTON. M. President, I am pleased to speak today in support of Senate passage of H.R. 2927 with amendments to the committee amend- ment. The Committee on Energy and Natural Resources reported this bill on November 211. 1991, with an amend- ment in the nature of a substitute. On the same day, the Home of Represent- atives wised nearly identical testate Lion. H.R. ISIS. Both bills contain three titles which would: First, estab- lish the Salt River Bay National His- torical Park and Ecological Preserve at St. Croix. VI: second, provide addition- al flexibility and resources to Federal agencies and local governments In pre- paring for and responding to major disasters in the insular areas, and third, enact several miscellaneous pro- visions regarding the application of Federal policies and programs in the insular areas. I will not go Into a detailed discus- sion of the provisions of this bill now. I refer those who are Interested In the specifics to the committee's report, Senate Report No. 102-243. On November 22, 1991. and just prior to House passage of H.R. ISIS. the administration transmitted a re- vised statement of policy which identi- fied five issues of concern regarding the bill's provisions on disaster relief: First. that Puerto Rico. Micronesia and the Marshall Islands should be re- moved from the definition of "Insular twee"; second, that a 50- percent local match should be' required for any in- crease in Federal hazard mitigation as- Hebron third, that nen-cost-ehared hazard mitigation ambiance should not be expanded -beyond' 10 percent: fourth, that responsibility for disaster assistance In the insular areas should be placed with the Federal Emerge/KT Management Agency: and fifth, that the reporting requirement of the flee-' . 4 t ..., / i of . . fr U.S.C. , _ stemmed= " . ' , II 't , ti S. It . =:13 816 (PING RESSIONAL RECORD -- SEND January J1, 199i =wetwy of the Interior should not be ...duplicative of current nook reeDosisi- Malta , The =louse modified H.R. 111911 veto remorse: to these concerns of the -Adininka.ration. Pres Want. President, In response to these ewsnowerns, I offer a portage of amend- :menu to H.R. 2927 which would. with .one exception, essentially conform i.f.K.2971 to the text of H.R. 168$ as It Misused the House of Representatives. unwind u It was modified to meet the ad- awninistratioin concerns. The disaster previsions of H.R. 1488. as pawed by the House, and in re- 'some to the administration, would slot apply to Puerto Rico, nor to the lirlPreely Associated State* -the Mar- shall Wanda, and the Federated =States of Micronesia. While I under- =stand the administration's concern re- =Harding the application of these provi- sions to Puerto Rico, an island with assize and population in excess of that ascot many States, I do not agree with the objection to the Inclusion of the freely Associated States. The Islands of Micronesia are hit by aliment. storms with a frequency rester than any other area under the ..litiurisdIction of the Federal Emergency IMIDdiuugement Agency (FEISIAL In fact. t is possible for certain islands to es- IMPerience two disaster declarations within a single year. This is currently the case with Kwajalein Atoll in the IIMISdarshall Islands. The disaster relief =provisions of this legislation were in- tended to reduce Federal disaster re- se:construction costs in such areas bY alma facilities hardened to resist storm damage, instead of being contin- =sally rebuilt. Currently, PEMA rebuilds facilities than the condition which existed prior to the disaster. In most cases, this is a seasonable and cost effective tp- =Kama However, in areas which are repeatedly struck by storms, such as 11111dierenesia and the South Pacific. It is cost effective to harden facilities so 11111L-hat they will resist damage in the amevent of future storms. It has been the Newxpelience in Guam that spending snore resources during construction or areconstruction to enhance the surviv- inability of facilities will substantially seduce future damage. and therefore. will substantially reduce future Teton- moistruction costa. The administration has raised sever- sal valid concerns regarding H.R. 1699. awed H.R. 2921 would be modified sub- mastantially, bY the committee amend- went and by the amendments, to re- ,pond to those concerns. However, I a-targe the adMinistration to reconsider t Its position regarding the applications a=a1 the (limiter relief provisions of this i®l egialation to the Freely Associated miaow. Continuing the costly cycle of destruction and reconstruction in stets which are repeatedly damaged in Insist storms simply makes no sense. Finally. with respect to section 303 ti regarding air service in the Freely As- sociated States, I would like to state for the record that this Provision is not intended to provide competitive advantage of any airline of the Free Associated States. It is instead. in- to provide an authorization for an agreement to allow such an airline to have the opportunity to consort/ with other airlines in providing service between the Freely Associated States and the United States. Mr. President, passage. of H.R. 2927, as amended. will complete years of work on a broad range of ideas con- ceived to respond to particular prob- {erns and opportunities In the Insular areas. These Provisions range from Im- proving air service, to developing parts. There are many people who have been involved In this effort and I would particularly like to recognize the contributions of the chairman and ranking minority member of the House Subcommittee on Insular and International Affairs. Mr. Roe De L000 and Mr. Hos Low:maims° and their very able staffs. I would also like to acknowledge Ms. Janet Hale and Mr. Bob Grady at OMB for their help In fashioning the disaster relief provi- sions. I believe that this title will save dollars. and lives. Finally, I would like to acknowledge the assistance of the Secretary of the Interior, of Bra/ Northrup and Na Williams of the Nature Conservancy. and of David &mon and Paul Pritch- ard of the National Parks and Conser- vation Association for their help In ex- pediting the development and consid- eration of the provisions to establish the Salt River Bay National Historical Park and Ecological Preserve at St. Croix, U.S. Virgin Islands. We will all be pleased to have this park estab- lished in time for the bOOth anniversa- ry of Christopher Columbus' voyage to America. It was here in St. Croix that Columbus' men first are known to have set foot on what is now U.S. terri- tory. I thank Senator Aroma and the com- mittee's ranking minority member. IllAkcaus Wau.oe, for their contribu- tions and assistance and urge the Senate to pass H.R. 2927 with the committee amendment as amended by the Johnston amendments. The PRESIDING OFFICER. II there be no further amendment to be proposed. the question Is on agreeing to the committee amendment in the nature of substitute, as amended The amendment was agreed to The PRESIDING OFFICER. The question is on the engromileent of the committee amendment, as amended. and third reading 04. the bile The amendment was ordered to be engrossed, and the bill to be read third time. The bill was read a third time._ The PRESIDING OFFICER. The bill havine beer read the third time. the question is. Shall the bill pass? So the bill (BR. 29271, as amended, was passed. Mr. MITCHELL Mr. President, I move to reconsider the vote by which the bill was passed, and I move to lay that motion on the table. The motion to lay on the table was agreed to MEMBER OP U.S. SENTENCING COMMISSION Mr. MITCHELL. Mr. President. I ask unanimous consent that the Jt di- etary Committee be discharged from further consideration of 8. 1963 to provide member of the U.S. Sentenc- ing Commission whose term has ex- pired may continue to serve until successor is appointed or until the ex- piration of the next session of Con- gress, and I ask that the Senate r u- reed to Its immediate consideration The PRESIDING OFFICER. With- out objection, It ta so ordered. The clerk will report. The Dill clerk read as follows: A all (S. Int) to amend section liv2 of title Is. United States Code. to pet vide member of the U.S Repent.. Corn, iission whose term has 'spit d may continue to serve until a successor appointed of until the expiration of the rest session of Con- gress. The PRESIDING OFFICER Is there objection tc the: immediate con- stion of the bill? ere being no objection, the Senate proceeded to consider the bill. 50. 11114 (PurPuse: To delete section 3 of the bill related to retroactivity) Mr. MITCHELL Mr. President, on behalf of Senators Mews and Tetra- mown, I send an amendment to the desk that will strike section 2 of the bill and ask for its immediate consider- ation. The PRESIDING OFFICER. The clerk will report. The assistant legislative clerk read as fellows, The Senator from Maine (Mr. Uncross). for Mr. Brass Cm himself and Mr. Taus- Mows) proposes an amendment. numbered 1534. Mr. MITCHELL Mr. President, I ask unanimous consent that the read- ing of the amendment be dispensed with. The PRESIDING OFFICER. With- out objection. It is so ordered. The amendment is as follows: Strike Section 3 of the bill The PRESIDING OFFICER. The question Is on agreeing to the amend- ment. The amendment (No. 1524) was agreed to. The PRESIDING OFFICER. The question is on the engrossment and third reading of the bill, as amended. The bill was ordered to be engrossed for third reading, was read the third time, and passed, as amended as fol- lows: also Be tt enacted by the Semite and Noose of lteireesentattoee of the United Stoles of Astertes la Costive*, assembled. . - SIP ."1-! ' 7! eh. - ' 1113,01rWW7 - it -'a - H 248 CONGRESSIONAL RECORD-HOIL The question wa .stun: and on di- vision (demanded by Mr. roux.) there were-yeas 3. nays 1. 80 (two-thirds hi stag voted bit favor thereof) the rules were suspended and the Senate bill was pared. A motion be reconsider was laid on the table. 0 I.L10 OMNIBUS INSULAR ARIAS ACT OF 199:1 Mr. vs WOO. Mr. Speaker. I move to suspend the rules and concur In the Senate amendment to the bill (HR. 29711 to provide for the establishment of the St. Croix, Virgin Island. Motor- teal Park and Ecological Preserve. and for other purposes. The Clerk read as follows: Senate amendment: Strike out all after the enacting cruse and roan. Mcrae I. Maar Mut This Act nem be Med as the "Omnibus In- solar Areal Act of 1ee2" urns HALT WM BAY MAMMAL MUM PAM AND SCOLOGHAL PISS- SERVE AT ST MOIL VIRGIN 81145911 SIM ,tee Malta This Mae loaf be cited as the -Salt River Shay heehaw' Niallorical Par* and Morel est Preserve at St Chita. rims !stands Act of IOU". SIM ma MOM= Thar Cespregs limb that the Salt River bay area of the worth mound coast of St. erne. Matted States Virgin Islands- - I1/ has been inhabited. possibly as far beet MINI DC. and encompasses an noir,' cultural 'greeds tw the Visited States Virgin Monde; I21 snags the oar armored ball court ever discomed b the Laser MULL% rarer middens, end burial wounds IMAM can sew Vide eraser for the interpmtatioa W Oar abeam life prior to Colombo's. 121 is the only known site where ambers of the Coronbas emeditioes eel foot ose what is note Vatted States ternary: td/ was /ball point of various Sereesse same. Se admire Die ern during NW post-Coluembire period and footslog vita. r Spanish. Amok Dutch. taste* and Danish Mammas. including Part Sale. one of ate few "nary earthwork for:~ teem he the Miami Mentepherir; IS/ wawa) as eshpfessalle Opportimit, N Preserve sad berm. Carilreale historic sad errant bakillsa a. More e/ Slow peso acerb .tion end Salisoseet, III has been a motional natural landrast since February INS and bee bassi nosereal- ed for stir '.1tion es a netball/ Amen- cent WNW* WNW: I71 contains the kraut /11111141111041 oasis- proof forest ie Me (halt/ Stake Finds Is- lands end a goners Misdeal' swam and terrestrial ecosystems biota% Mould be pre- served and kept wimpaird for the benefit of present sad "adore oreeratimur and Ili is wag of a ommehensive preserva- tion Wart that should be carried oat in priimenekip between As Peens/ Govern- surd and Government 01 the Vetted States nor seta me tat SALT AVM SI 1 pea masa 111110IIIAL PAM AIM flail POSISSINTIS AT MOM mom alLeAlal eat moo a y-Ps order to 'myrtle. were& ant Weepy! for the booed of prairie sad /Wry geserwiloes certain row broom brselsor Meatiest cabana& and mturl taro sad mower in a. Viers Le- tarts, there Is established the Salt River Say Parer/ Historical Peri and Scam/Mal Preen st St Clot; 'moo Isles& Mesa* Meet awes Act germ/ to w the titre " /. IN Ana. Issmotast-lhe park Art coastal of ewes* Oily 912 miss of lased water submerged lands. anti interests therein MOM the arm anent!, depicted on the amp maned -Salt River Study Area native 'C" be the "Alternatives Study sad Swrimeguseeral iteteeteneett re Ike Chime- Pace Loading MOM Croix MS Firsts Is- lands". prepared by the National Pork &sew toe sad dead June left The map Mall be on file sad available for public tsupaction in the offices of the National Part Service. Department of the interior, and the Offices of the Lielarlileiti Governor of St. Thomas and St Croix. Virgin /stands. Mc aka ACSIOSSITPON Or LAW fa) GoisciAL Arrvwoarrr -The Secretary of the /warrior theney/ter to this title referred 60 as the -litserstary"i way acquire lased and interest* to land might* the boundarke of the part be donation. purchase with for, sd or oPProwloted fund& or exchange. Moth- ine In Otis arrow shall be construed to pro- Moo the Gloyernmert of the United States Poets Wanda from acquiring bead or inter- eat in land within the Mesa.. of the par*. LIMMITNINI We A UTV0a./77 -Leads, and interests he lands. within the bound- arm of the park which are owned be the United States Mob. /elands. or sag polite cal thereof was be acquired osier ea donation or rschanay. No lands. or Interests therein. vorrainismg Farewells !Wag within the pare bowsaw, asWilde 1. Int. may be acquired without the consent 0/ Use owner, unless the Secretary determines. after consultation with the Government of the owed States Vlrptn Islands. that the lewd if aids* Armlet. or proposed to la /met aPed fw a meaner which is &trinomial to the natural, scout, historic and other values /or which the park was established. BBC MIL ASNIIISINTISATIOIL la/ In ChteteltAl.-711e pant shall be admin- Mitred in accordance with this title and with the omissions of law generally erotica- ble to units of the nabob./ pant astern. is- dukes' but so' Mated to the Act diddled "An Act to esti bash a National Pare Serv- os" and for other purpose". approval August 2S. lilt all Slat 5.11. le VAC 1, 2- 4) sad the Act of August 21. 1935 lie Stet III. IS Mae eel-4471. hs the case of sub conftirt berms the provisions of this Act and such rare.. applicable provisions of law the perarisioas of this Act Asa worm tad Cborer. rem Amencervms The err lam slier r roar. with the Salt River Bay National Metrical Par* and Ecologi- es, Preserve st St Croix. Virgin Marla Cissemdmples nwerafter ix this Act referred OD MP Me 91:bistmlarion", established be see- Iles 111 oar title. Is sathonwed N clear into apdparative asreeseee to with the Vidal MOM Milks Imbeds. or wee soignee' rata- o der, theme( fee the mesieletosesst of the part sodtor other promo tee eta ilmmalsorr, Pula -(1) Not Maw Mats plow after the daft fluids an seeds immill11111116 for Mir subs Moo. Me See- Yet. it comma' 4Losi fain the Commie- aloft and with punk areelbsusa-t shall de- wigs sad 'swine' N Ike Csonsettearon 'nem sod ~seal Resources of the UMW Stales finale end the Ctreseistiee on hilirese and hush Mars at the United Reba NNW of abbaSsedatiess a proem/ amp. moot piss Ater die soft me amend -sass- load Om Mel describe the rerun pssNMfept usadepewerel, ewe sad oust of Ow pa* wrier. MA the per Poise of this title. February 4, 1912 IV The yews' manimement plow shell in- dude. but not be trotted to. the Atoning al Plane for Sapiensentation of son- timing emerrans of interpretation and act tor education about the teem and rases of the part Protocols for Miter use facilities to be and . e Itte the pert ICI Plans for surpeurad of the starers sod soltorat mow. ./ the met with par- heeds, naphtha carat pmervarow of bath Me cultural and wawa regrew sad keel. tern seiestitic studs y terrestrial. wile& and archeological resources, giving high an- ority to the enforcement of the provisions of the arekeelericed ammo Protection Act of MO Ile USC Mee et see./ and bee Per rowel Historic Preservation Act Ile ate ete et arm) the park The wafter sad ertwal Follower nom Owns Aril be Preowned in coasedlation with the Virgin Mande Division Archeology and Historic Preservution. ID) Proposals for assessing the potential operation and supply of park *vaccines, by guattfied anon loam :I-mewed businesses IV Plana for the training of personnel in oeconimen with subsection Art td/ Mum= Arerrewea -Daring the 10 peer periled beginning as the dots of erred rent of this title. the Secretary AWL saran to appropriations. provide the hinds for the enamor of the Government of the Unites Staten Versa* Wands directly mowed in the Joint itanapestent of the part and shall Ow element In consultation with die Govern- rent of the United States Virgin Islands, a prowler under which Perrin /elands cal seas say be trained lash pram of park oe 'rations and seanagment Provided. hames- er. That in no east shad Use Secretary pro- vide nom than 54 pervert of the Amity for ,meth Pomona A primary °Moody, of Use programme shall be to train employee' in the skills necessary for operating arid managing a Virgin Islands Territorial Part Sorter are in MALT R/TITR SAT alITOVAL APSITTallICAL PAIN gigs, OfrOLOAL PIIMIIMMI AT IT MOM nem steel COMM that tad Ssrassaatereser -There is established aatoderioe to be blows es the Sell River Bay National Historical Perk and Let.. cal Preserve at St. Croix. Virgin /stands. Commisseion. Mt Derma -The emotional' ID make rammer* on how et: lends awe walla MIMI the hotrods ries of the pert oast be Jointly walla fog by the Wm- enmesh of Me Vatted Rain trivet* elands sad the Vatted Stater is aeooralawer err this title 12) rerun with the Secretary on the dead- apnea, of the general management ran re tryout by sallow 17$ date fine and (Si merit whir and nmeorseentations to the Government t.f the Vatted States Mete Islam* secs levee of the Omer* went of the United States Amin Mends. ee) Mgresenaese-The C011assissioa AIM he composed of JO members. as Mimes. The Governor of the Unseat Mates /stands. or the dietaries, of the (Joie, Knr(21 'The Nervier% or the /atelier If the Brenda's (10 Pow rembrrs amen snorer! tech the See- (di Pose arrow mersin be the Sarre- bar" Rimy tilt worded by the Governor of Me Untied States Theta esessids. at beast .as of wham &hail be a meatier of the Levis- Wore al the Veiled Stales Mae /shads IMAM aleleoistrenb made under this rib- section shall be wade sytt/the UV days Wier are date of merriment of this title rend that the amorstomente made seder pars- '-A lli e/ tS (b/ subdirearion deiced* If/ intact o/ at shall- /11 'Sine% Sara I. -a February 4. 1992 CONGRESSIONAL RECORD- HOUSE The Chair recognises; the gentleman from Missouri (Mr. CLAYS. Mr. CLAY. Mr. Speaker. I yield myself such time as I may consume. Mr. Speaker, this bill provides for additional membership on the Library of Congress Trust Pond Board. among other purposes. The Board's current membership is composed of: Plan. the Secretary of the Treasury: second, the Chairman of the Joint Comniittee on the Library; third, the of Congress; and fourth, two members appointed by the President of the United States. The current number of public mem- bers (two) is not a sufficient represen- tation of citizens to mishit the Library in increasing its endowment funds. This legislation seeks to Increase the size of the Boardby eight public mem- bers. Pour mother. will be appointed by the Speaker of the House of Repre- sentatives In consultation with the mi- nority leader of the House, and four will be appointed by the Majority leader of the Senate in consultation with the minority leader of the Senate. Section 2 of the proposed legislation increases the number of members nec- essary for a quorum from three to nine. The final provillion gives author- ity for the Librarian of Congress to take possession of gifts of cash tempo- rarily and to invest them temporarily in the U.S. Treasury prior to formal approval by the Board. Presently, such cash gifts can earn no interest because the Librarian of Congress lacks the au- thority to invest Use principal until all members of the Board approve the gift. In this era of scarce economic re- sources, It makes sound fiscal sense to give the Librarian the authority to make the money wort for the Library. If the Board falls to approve the gift within 12 months after the Librarian takes possessio the gift will be re- turned turned to the or while the Library retains the Interest earned. By offering hew opportunities to at- tract private meet support, this legis- lation will enhance the usefulness of the Trust Fund Board to the Library of Congress, and consequently. strengthen the Library's ability to serve the Congress and the Nation. Mr. Speaker. I reserve the balance of my time. Mr. BAR Mr. Speaker, I yield myself such as I may consume. Mr. , I thank the gentleman for his exp n of the pragmatic amendments ,being offered in this bill Mr. Speaker, the minority also sup- ports the passage of 8. 1415. I'd also like to add that the Library of Con- gress is also in favor of these changes. Since 1925 the Trust Fund Board has been In existence to accept gifts for the benefit of the Library. Increas- ing the size of the Board Is a practical way to expand the nationwide fund- raising effort!, and diversify the pro- file of the Board. As Mr. CUT ex- plained. this legielation would also alloy the Librarian of Congress to secure and invest gifts of money, while the Board is being polled for approval of the gift. Thuusy, the Library would benefit immediately upon receiving the donation, which only makes sense as the gifts are rarely rejected by the Board. Mr. Speaker, I join One gentleman from Missouri (Mr. ..1tT I in urging my colleagues to support this measure. Mr. Speaker,/ reserve the balance of my time. Mr. CLAY. Mr. Speaker. I yield such time as he may consume to the gentle- man from Penney' " (Mr. Waurail. Mr. WALKER. Mr. Speaker, lust couple of questions, if I could. I am a little paneled by the business that we are expanding the Board, and then we are (tying the Librarian a chance to spend Money while he polls the expanded Board. Would It not be easier to poll the Board if there were only 2 members rather than 10? Mr. CLAY. Mr. Speaker, will the gentleman yield? Mr. WALKER. am homy to yield to the Mr. CLAY. . Speaker, no. we are not giving the Madam authority to spend any money. We are giving him authority to Invest the money. Mr. WALKER. Invest the money and earn interest on it? Mr. CLAY. And get dome interest. Right now, the money sits there with- out interest. so we are giving him that authority. Mr. WALKER. Could the gentleman tell me what he meant when he said that the four are to be ap- pointed by the er and by the ma- jority leader in, consultation with the minority? Mr. CLAY. Yes. Mr. WALKER. floes that give the minority, for Instance. an ability to veto someone? Mr. CLAY. No. It dOes not. It is the same procedure that is used In a number of other pieces of legislation that we have passed here in the House relative explicitly to House functions and functions of the Congress. Mr. WALKER. Normally I thought mist of the thrum when we appoint a oard there is a specific number of assigned to the minority that the minority leader gets to appoint. In this particular case, vre are taking a 2- member Board, we are making it into 10-member Board, and virtually all of the appointments are going to be made by the majority. and all they have to do is tell the minority who it is that they are appointing? Is that my understanding? Mr. CLAY. I do not understand the word consultation meloilng instruct or Inform. It Is In consultation. That is a word. It is a word of art, an art word, and It means that they consult. It is not any different from any other legis- lation that we pus around here where the Speaker and the majority leader of the Senate make appointments. It is In consultation. H 247 Mr. WALKER. Could the gentleman tell me what consultation means In this instance then? I mean, consulta- tion then means that they will specifi- cally go to the minority, ask the mi- nority about thane people, whether or not these people are acceptable, and if the minority finds them unacceptable. then at that 'Mint the majority leader and the would reconsider those people? Is that the level of con- sultation? Mr. CLAY. The rity leader, is the gentleman Mr. WALKER The majority leader and the Speaker. Mr. CLAY. The Sneaker and the mi- nority leader, the Speaker and the mi- nority leader. Mr. WALKER. The majority leader and minority leader in the Senate? Mr. CLAY. Yes. Mr. WALKER. Bo the answer to my question is if the minority found an appointee unatceptable, at that point the tenon means that there would be reconsideration of true people? Mr. CLAY. I would not go that far. I do not know what the Speaker and the minority leader would decide to do at that !Writ. I would think that they have not had any serious problems up to this point in terms of reaching agreement co; these whom the Speak- er has consul with. Mr. WALMM.4. Theme people who are to be Anted, tf I understand the remarks of the gentleman from Nebraska, one of the efforts here is to extend the fundraising apparatus of the Library? Are these people to be ap- pointed in part so that they can go out and raise money for the Library? Mr. CLAY. That is part of it, yes. Mr. WALKER. So we are likely to be appointing then fairly wealthy Ameri- cans who will help the Library raise money as one of the functions of being member of this Board? Mr. CLAY. Not necessarily fairly wealthy. It might to people who know wealthy people. You do not have to be wealthy to know wealthy people. Mr. WALKER. One of the reasons for expanding the Board here Is to go out and use these people as fundrals- era. Mr. CLAY. To an extent. Mr. WALKER I thank the gentle- man. GMIAL VAR Mr. CLAY. Mr, Speaker. I ask unani- mous consent that all Members may have S legislative days In which to revise and extend their remarks on 8. 1415, the Senate bill just considered. The SPEAKER pro tempore (Mr. Harm). Is there objection to the re- quest of the gentleman from Missouri? There was no objection. The SPEAKER pre tempore. The question is on the Motion offered by the gentleman from Missouri (Mr. Curl that the House :-..ispend the rules and pass the Senate bill. S. 1415 \ time . 1 gentlemap from Missouri. ben ream. \ -- '' Speaker ) that ' 6 & l'ebruary 4, 1991 AGRESSIONAL RECORD- NOUS, H 249 graph Id) shalt be meek oath. 12* days after the dale on which the &create re- drives each net rat Tams -The menilers appointed router paragraphs Ill sod IV shall be appoisted Aw arum of 4 posse member of the Com- inteision appointee for definite term may serge alter the expiration re/ the member term until a successor III spectated ye coney in the Commission Met be Ailed in the mine mariner in sold& the overheat sty pots- &Witt' seas made sad shalt be Maid WPM* N dose aller the erplestion of the Mew lel Oat -flee Chair of the Commission shell alternate annually between the Secre- tary and the Gevernor a the United States Thine /Wanda AN other officers W the Com- newton Mall be elected by meloritorof the members of the Consesimetea to scree firer terms established by the MerritiCIL-The ClaRlatalakall shall meal on render basis ee el the call of the Choir Notice of mentirsee and agenda Mall M pad tidied in the Palma *tauter and local nevepepers hoots', a distribution that pea- enmity eaten the United Stain Mgt. he Made Commission smiting. Mal be held et locations end Is suet a manse es to ewwsr adequate public involvement. grecerars -Members of the Culmina- tion strati serve uritheret compensation as suck but else Secretary may pay each member of the Lorsoniseicre travel expenses. inctudirie per diem In lieu of eater too accordance with whoa 570J of title & United States Code Members of the COM- mission who are fun -time officers or Oar roe of the United States or the Wine 'anode Government may sot newts. additional leas mare or benefits by mason of their service on the Coma.. The Secre- tary Mali provide the Corsieseseion will a Midget for travel expenses end staff. and guidelines by which expenditures Mall be accounted for (hi Froenn rsoere Corr. A-r - Scoria with respect to the previsions of sec- tion filo of the Faders. Advisory Cola. tee Act. sod accept as otherwise provided Ss this Mle the provisions of the Federal Advi- tory Committee Act IS U S.0 shall abet, to the Commission. lir TICAMDaTION -Tee norm -ow shall to nett nate It pears Wier the dale of meet- meal of this title warms the Secretary det.rr- mines that t4 ti warp to continue con- &Whom with the Commission in carrying out the purposes of this tides Mr oar ativottau INS Of APPOOPIlfs Mot There is authorised to be appropriated such rums as map be necessary to carry out this title Terra 11--PISVIAS AREA? DISARMS 1111/I1AL INS RECOPTAII net- err area As used in this title- ill the term "insular errs- ~ens any of the following: Americas Samos, the Federal- ed States of Micronesia. Gees% the Marshall /Wanda the Northern MeridiemJawed& the Trust Territory of the Pacific Islands. and the Minn /Wands. Ill the term -diameter- means a declare- Mon of a major disaster by the "widest after September 1. tort pursuant to section III of the Robert T Stafford Disaster Retie/ liniergency Assistance Act III U.S.0 5170: end (.1/ the term -Secretary- means the Secre- tarp the Inferior ale >te A171WWINAineet Them are hereby authorised to be appro- wrested to she Secretary such mow as may bs sieenissey M- I I I reconstruct *lel public facilities estortriord by disasters la the tender areas that assured prior to the date y the enact- Slats Act sod Ill enhance the sursitsbitity of essential public facilities in the event &waters ee the impulse MOSS except ghat with moped la the disaster de Wan& by the President in the ease of Horn- agate Nem llepeember IPS& amounts for any Asset poor shall not awned 25 percent of the -raided altralble anent of VIM" " be made wider sections Ill sad 419 of The Robert T. Stafford Disaster Relief sad Slur wary Aselotunee Act NJ US.C. SIM 5172) for such diameter. Path same Moll remain available mad exp. -t tat: 4111MVIIINX NV Upon the declaration by the President of a disaster Man tender and the "net- dent acting &rough the Director of the Fed- net Smerwency Manse anent Agency. shall ewer. in cooperation with the Secretary end chief ezecuttee of each minter area the capability of the insular government to re- wood to the disaster. Including the err. assess /SIM" coordinate activities octal Feder& agencies. art. the Fed- eral Emergency Moat* Aram devel- op Income', plane including 1111200~11/11- hone for enhancing the survivability of sr oat. infrastructure. negotiate and manage rocolutruction contracts. and pre- vent the misuse of funds if the President finds that the insular government lacks say of these or other capabilities essential to the .scorns effort then the President shall pro- vide technical assistance W she insular area which the President deems Iran for the recovery effort- lb! One pear following the declaration by the President of s disaster in an insular area the Secretary. in consultation with the Director of the Federal afar Manage- ment Agency. Mall submit to the Senate Committee ow [nervy and Natural Re- sources and the House Committee on interi- or end insular Affairs a report on the steno of the memory effort including an sisal 0/ Federal funds expended in the recovery effort and recouseimdstions on how to fast prove public health sad West survivability of infrastructure. recovery efforts. and Wier are use of funds in the event of future disas- ters sec see. II/AZA RP 1MCATPDat The total of carat.. under the last sentence of section fed of The Robert T seashores Disaster Rabe' and reserpeneir sistaace Act All U.S.0 SIM& for the insular areas shall not exceed If percent of the sett mated are amounts of groats to be made under sections 492, 488, .7. ant and 411 of such Act for any disaster Provided. That the President Moll require a SO percent local match for assistance in seems of percent of the estimated swells& emotes/ grunts to be made soder section 4911 of each Act for any disaster. Ale. sea iscapacti siegnewiger Porisersphs (3) and (4) of section 102 of The Robert T Stafford Disaster Relief and Emergency Assistance Act 142 U.S.0 5122) are each amended by inserting after "Assert- can Samoa," the following 'lire Northern Mariana /stands. 17772 III--X7SCSLLANSOUS PROVISIONS ser. Set ARSIIICWI MAMA MOTS AMP POWS swot (a) The Secretary of the Interior shall un- dertake a ear** study. or as appro prig& reefing sod update .sitting studies to d etainees the current and bow-term tooter, power, and wastewater nests of American Samoa. Such study Mall be conducted in consultation with the American tangos gov- ernment and in consultation with those Federal agencies whir). have recent reel east with the miter, power and wastewater needs of American Samoa. lb) The Secretary of the foster**, shalt report the emits of tilts Mal the Com- untie* on swop/ sod natal the United States awls* and fh1 100. testator on Interior said insular Wain el the Vetted States Elam W Representatives. briber De- amber 31, INS She report shell Matadi' Wan assessment of the water. power sad wastemVer morale o/ American Samos both carman^ and for the pear tallit 121 an assessment the gad rmosimenels- how rear how than needs ewes be met Ill an meesement at sad aPrealab1111611- Now set. any additional MOM au- thority or funding which may be asesmare to meet these needs and III an .oast are of and recommender lions reran the altaimettve 3/ Federal end American Samoa moommISOOP in meeting these seeds. Mc setMOW coronationFrogman The Governments W American Samoa. Guam, Use Northern Mariana Islands the Triad Territory of the Pacific Wane& and the /hots Islands are authorised be make post h:atm through the General Services Ad- ministreflos. -- set Mont omens. Wire (41tillitit lb) In furtherance of the earn. of the Compact of Free Association Aeo of le8S (Public Law lb 23111 sad isotwititstmuling any other provision of law, a Freely Assort- sled State Air Carrier shell not be precluded from providing transportation. between place In the United States and a place In a state in free association with the United States or behest.. two places in such a freely associated state, by air of persons lend their personal effects/ and property procured. contracted for. or otherwise obtained by any executive department or other sweep or in- rat/. of the United States for 4:s own account or in furtherance of the pur- poses or pursuant to the terms of any con- tract, agreement or other 'pert& arrange- meal mute or entered into under which pad meat is mode by the United Staten or paw meat Is made from fund., appropristed. owned controlled pastel or ocraelitiorsedhp granted, or utilised by or otherwise efts& !*shed tor the account of the Untied Staten or shall be funetehed to or for the account any foreign nation, or say international semen or other organisation W whatever nationality. without provisions for reim- bursement lel The term "Fruity Associated State Air Carrier" shall apply esolossiosely he a carrier referred to In Article =ISM,/ of the Federal Cana and Services Amusement are/ pursuant to Article Il of Title Two sad Sec- tion 232 of the Compact of free Association sec see NALTIALL AMANDA POOP AJIIIITemlt Section 103(012) of the °pupae of Free Association Act of 'Hi lit U.S.0 ISSI note) is amended be striking out -five" and in- Berths, In flee thereof "tee" WC. see motorman, MARIANAS COLLICAL Section WO of Public Law MI- lel is amended by striking out the period at the end and inserting in lies thereof the follow term "and to subsection 111)t by strainer oat 'and Micronesia' each place U armors and inserting in lieu thereof 'Micronesia and the Northern Mariana Islands' and by Strik- trig out 'and to Micronesia' and inserting in Hee thereof Micronesia, and to 'he North- ern Mariana /Wends' The SPEAKER pro tempore (Mr. Aram). Pursuant to the rule, the gentleman from the Virgin Islands m Limo) will be recognized for 20 minutes and the gentleman from Call - fy) Appel of al iscienCet copal II of ° raise the of ; If) and to- (Mr. H 250 CONGRESSIONAL RIPCORD - HC) farina (Mr. Lasosaastoo) will be rec- ognized for 20 minutes. The Chair recognizes the delegate from the Virgin Islands IMr. Da Logo). Mr. as LUDO. Mr. Speaker, I yield myself such time as I may consume. (Mr. ss LUGO asked and was given permission to revise and extend his re- marks.) Mr. LUGO. Mr. Speaker, the Senate amendment to H.R. 2927 would make this bill virtually Identical to 1688. an omnibus insular areas bill that passed the House unanimous- ly last November 25. That bill incorporated provisions of several measures concerning the insu- lar areas associated with the United States. One set of provisions made up the Insular Areas Disaster Survival and Recovery Act. A second consisted of a number of miscellaneous measures concerning the insular mews. The final set included provisions to establish the Salt River Bay National Historical Park and Ecological Preserve at St. Croix in the U.B. Virgin Islands. Those latter provisions to establish the park had passed the House In H.R. 2927 earlier In the month. A few days before the House passed H.R. 1688, the Senate Energy and Nat- ural Resources Committee reported H.R. 2927 with an amendment that made It very similar to H.R. 1688. A Hoof amendment by the Senate committee leadership last Friday made H.R. 2927 virtually identical to H.R. 1688. In addition to changing the title of the bill to the Omnibus Insular Areas Act of 1992, there are only three minor differences between H.R. 1688. as It passed the House. and H.R. 2927. as the Senate amended it. One difference relates to the dead- line for submitting the Salt River Park Management plan to the Congress. H.R. 1688 would have required submis- sion not later than 3 years from the date of enactment. H.R. 2927 would re- quire submission not later than 3 years after the date funds are avail- able. The Inclusion of $7 million for the Salt River Park in the President's budget for fiscal year 1993 makes this difference of no real concern. And I want to thank our former colleague, the Secretary of the Interior, Manuel Lujan. for getting this proposal In the budget. The second difference concerns the training of Virgin Islands employees in the management of the park. H.R. 1688 would have required the Federal Government to pay half of the cost. H.R. 2927 would subject this require- ment to appropriations. This differ- ence is of little concern because the Secretary already has funds which could be used if there is no special ap- propriation. The last difference relates to the provisions to enable insular areas to survive and recover from natural disas- ters. H.R. 1688 would have applied these provisions to American Samoa. Guam, the Northern Mariana Islands. and the Virgin Islands. H.R. 2927 would extend the assistance to Micro- nesia and the Marshall Islands as well. The disaster relief provisions applied to Micronesia and the Marshall Is- lands in H.R. 1688 as reported by the Interior and Insular Affairs Commit- tee. as well as in a predecessor bill which passed both Houses in the last Congress. But these freely associated states were reluctantly deleted from H.R. 1668 at the insistence of the ad- ministration. Since the passage of H.R. 1688 last November. a typhoon in the Marshall Islands dramatised the justification for extending them to the freely are - dated states as well as the U.S. insular areas. These changes are minor in compari- son to what this legislation would do in the insular areas if enacted. Thus. Mr. Speaker, these are differences to Mich I believe the House can agree. Mr. Speaker, the establishment of the Salt River Park Is an achievement of which I am particularly proud. It. would preserve the site where Christo- pher Columbus first landed in what is now a U.S. territory. And it would en- hance the attractiveness of the Virgin Islands as tourist destination. Salt River is microcosm of the entire history of early European colo- nisation of the Caribbean built upon an Indian cultural resource that pre- dates colonization. It also has a wealth of environmental treasures. The preservation of the site will cul- minate an effort begun in 1958 when a bill I cosponsored in the Virgin Islands Legislature began the process to save the area for all to enjoy. No less important is the unprece- dented degree of Federal and territori- al cooperation in the management of a park that this bill would provide. The high frequency of destructive storms in the insular areas makes the extension of the additional disaster as- sistance that this bill would provide critical. Since the passage of H.R.. 1688, three major disasters have oc- curred In the insular areas: Superty- phuon Yuri hit Guam: Cyclone Val devastated American Samoa; and Ty- phoon Zelda caused damage in the Marshall Islands. The insular disaster assistance provi- sions were the driving force behind' this omnibus legislation. They were developed after Hurricane Hugo. which hit the territory that I repre- sent with what the Federal Emergency Management Agency described as a. force unsurpassed in this century. They respond to the extraordinary disaster problems in the insular areal. caused by the frequency and severity of the storms which strike them. their distances from the rest of the Nation_ and their relatively small size and lack of development. In particular. insular areas lack in- frastructure strong enough to with- stand disasters. February 4. 199.1 The miracle' laneous provisions of this legislation would require report on American Samoa's water and power needs. make permanent the current temporary authorisation for Insular purchases through the General serv- ices Administration. authorise agen- cies to contract with freely associated State airlines; extend the program of food assistance for the peoples of the Marshall Islands atolls affected by nu- clear testing; and authorise an endow- ment for the Northern Marianas Col- lege. Like the provisions for disaster as- sistance. these provisions had their origin in omnibus insular areas legiala- tion that passed both Houses last Con tras. Last. I would like to note that the history and purposes of this legislation were fully described when H.R. 1588 passed the House last session as well as when H.R. 2927 Passed, and when the predecessor bill to H.R. 1688 passed. Mr. LAGOMARSINO. Mr. Speaker. I yield myself such time as I may con- some. (Mr. LACIOMARSING asked and was given permission to revise and extend his remarks.) Mr. LAGH3MARSINO. Mr. Speaker, I rise in support of H.R. 2927. a bill to authorise establishment of Salt River Bay National Historical Park at St. Croix. VI. As an original cosponsor. I support the concept of establishing a Federal park unit at the only known site on American soil where Columbus' men are believed to have landed. I also support the Omnibus Insular Areas Act portion of the bill, which provides meaningful assistance to different ter- ritories and the freely associated states and Micronesia. I want to com- ment Liter for Secretary Manuel ',Liam for his vigorous and focused support for the "conservation of the Columbus landing site. Secretary Lujan personal ly surveyed the site at Salt River, and designated the Preferred boundaries of the propos ed para. The Secretary has been beer, meo, al in informing Mein ben of Congress of the importance of the site and the need for timely action to preserve the Archaeological sites which are being increasingly affected by development pressures in the Virgin Islands. Certainly. the leadership of Mr. Ds Loco in the development of this bill deserves strong recognition by all Members of this body. He has been working with Secretary Lujan on this Columbus landing site park proposal for some Lino, with both the Virgin 1.; lands Government and the National Park Service. Without his efforts, not only would we not be here today pass- ing this bill, but the resource values at the site of this historic event may have suffered Irreversible damage. Even today, important archeological materials are left exposed to the ele- ments and need protection from the r. I. Er' It rt. - 1- a., 4111 O. $1 ea February 4, 1991 AGRESSIONAL RECORD- NOUS, H 251 elements and inadvertent damage by vehicular and foot traffic. I note that the Senate has addressed many of the concerns raised by Mem- bers on this side of the aisle when the bill originally was reseed by the House. However, I still believe that the Committee on Interior and Insular Affairs, which has primary Jurisdic- tion over this matter, should have gone further to clarify the respective rules of the United States and Virgin Islands Governments. While the omnibus insular areas pro- visions are meaningful and helpful. they represent only a few of many leg- islative actions still outstanding. I par- ticularly want to commend my good colleague from Guam, Ban BLAS, whc has been extremely supportive in these matters. I urge my colleagues to support this bill to establish the Salt River Bay Na- tional Historical Part and Ecological Preserve at St. Croix, VI, as well as providing a number of provisions of import to United States territories and free associated states. Mr. de LUGO. Mr. Speaker. I yield such time as he may consume to the reii.lenuin from Minnesota (Mr. Voreol. the chairman of the Subcom- mittee re National Parks and Public Lands of the Committee on Interior and Insular Affairs, one of the hardest working and most effective chairmen that we have In this Congress. It Is a rare dour when the gentleman is not passing some bills on this floor. I could not have gotten to this point without his great assistance. Mr. VENTO. Mr. Speaker, I that the gentleman from the Virgin !Manus for yielding me this time and com- mend him for his very hard work on this important measure. Subcommit- tee Chairman on Limo has been work- ing to establish a park at Salt River Bay since he was In the Virgin Islands Senate, and today he and his fellow Virgin Islanders will come one step closer to reaching that goal. H.R. 2927 as amended and passed by the Senate would establish the Salt River Bay National Historical Park and Ecological Preserve at St. Croix. VI, and would authorise Important dis- aster survival and recovery programs for insular areas so important to their needs today as storms have brought significant and unusual devastation to these fragile economies and soda; life. As chairman of the Subcommittee on National Parks and Public Lands. I worked closely with Mr. DS Leo° on the development of title I of this bill, which would provide for new Nation- al Park System unit consisting of ap- proximately 915 acres at Salt River Bay on the island of St. Croix. This area has long been recognised for its unique combination of cultural and natural features including archeologi- cal remains, a large tropical reef, and the largest remaining mangrove forest in the U.S. Virgin Islands. I was fortu nate to have the opportunity to view these unique resources during a sub- committee field inspection !n 1989 Salt River Bay is also the only known site where Christopher Colum- bus landed on what was to become U.B. territory. In 1493, on his second of four voyages to the New World, Co- harms anchored his 17 ships outside the reef and sent his soldiers to inves- tigate an Indian village on the western side of the bay. H.R. 2927 was passed by the Home with strong bipartisan support on No- vember 5 last year. The Senate made severe' changes to the House parted bill Including a reduction in the sine of the perk and requirement that the Virgin inland. Government provide half the funds for a program to train Virgin Islands citisens in the park op- erstierts and management. Although the bot ndary in the House-passed bill I would nave provided more resource protection and was the preferred boundary of the Secretary of the Inte- rior. I believe the boundaries in the Senate passed bill are workable. The bill before us envisions a unique partnership approach between the na- tional Governmentand the Govern- ment of the Virgin Wands in the man- agement of the park. Cooperation be- tween these Government entities will be essential, because It is relatively small area and over half of the acre- age of the park is owned by the Virgin Wanes Government. I believe the safeguards built into the bill and the cooperathe spirit which has been the hallmark of this prefect from the outset will ensure that management issueswill be addressed in coopera- tive fashion and that the park will be managed according to standards of other units of the National Park System. Mr. Speaker, this legislation is a sig- nificant natural and cultural resource protection initiative which has strong bipartisan support from the Secretary of the Interior and the Governor and the Delegate from the Virgin Islands. As we approach the 500th anniversary of the voyages of Christopher Colum- bur, later this year, I can think of no more appropriate way of commemorat- ing this significant date than enacting this legislation. Not only will this park preserve a nationally significant natu- ral and historical site, It will provide an excellent opportunity to interpret the diverse native cultures which ex- isted prior to the arrival of Columbus and the impact that Columbus and other European explorers had on Car- ibbeen culture and history. I again commend the gentleman from the Virgin Islands for his hard wort on this matter and urge prompt passage of the measure before us. CJ 1440 Mr. ra LUGO. Mr. Speaker, I yield myself such time as I may consume. In conclusion, I want to thank the gentleman from California. who is the anking Republican of the Subcom- mittee on Insular and International Affairs which I am privileged to chair, for the cooperation he has given in de- veloping this legislation. I also want to recognise the roles of the chairman and ranking Republican of the full Committee on Interior and Insular Af- fairs, our collear ties °mails Massa and Dow Youve; the chairman of the Subcommittee on National Parts and Public Lands, our colleague Rama Vorro; and the Resident Commission- er from Puerto Rico. JAMS B. Posen, I want to express particular appre- ciation for the cooperation of the Sec- retary of the Interior, our former col- league Manuel Lu'-tn. His heedeiship really helped make this bill possible. I also want to thank the chairman and ranking Republican of the Semite committee of Jurisdiction, Hemmer JOHNSTON and MALCOLM WALLOP, TT- Bowel vele Finally. I want to urge the House to approve the Senate amendment and send what is truly a bipartisan com- promise package of insular measures to the President for his approval. Mr. FALEOMAVAEGA. Mr. Speaker. I rise today in export of H.R. 2927, be which ad- dresses several areas of need in the U.S. in- sular areas. In particular. I were to speak of the needs of American Samoa. American Samoa Nis been truck by three hurricanes in the Iasi 4 years. Each time Samoa rebuilds itself Not everything gets re- built because even with Federal disaster m- %stales and private insurance, not all kisses are covered. The result of this process a gov- armoire services are permanently reduced, and considerable privets property is destroyed and not replaced. Despite the best efforts of the local government with each hurricane thousands of people we tweed to go from days to months. depending on the remote- ness of their visages, without wane power, tetephone, and sewage disposal. This tell would go a long way toward ending this cycle. First it authorizes the reconstruc- tion of essential , tee facilities in nailer areas which were damaged by by recent natural deniers. Second, it authorizes enhancing these facilities to withstand future deriders. Third, with regard to American Samoa, he bill authorizes the Department of the Interior to conduct a comprehensive study of the terri- tory's needs in the area of water, power, and sewage vestment Mr Speaker, I also want to commend the leadership of the Committees on interior and Insular Affairs on their work on the Salt River Say National Historical Park aid Ecological Prober.* on the island of St Croix in he Virgin Islands. I have beer to St Croix and have seer, the beauty and livereity of tropical animals and vegetation available. The desig- nation provided in this bill will prawns this beauty for all Americans to enjoy. Finally, Mr. Speaker, this be is Afire today because of the leadership shown by Charmers WIER and OE LUGO, and Congregation LA- 000AARS140 Without the efforts of these gen- tleman. and that of their staffs, H.R. 2927 would be another deed bill going nowhere. The needs of the people addressed In this bg do not make file fruit pages of our national newspapers but Mr Speaker. I want to it I t a H 252 IPONGRESSIONAL RECORD - HOS assure you Shay canon" our 'Pardon I urge my colleagues lo support Mr. LAGOLIARSINO. Mr. Speaker, I have no further requests for time. and I yield back the balance of my time. Mr. aa WOO. Mr. Speaker. I have no further requests for time. and I yield back the balance of my time. The SPEAKER pro tempore (Mr. Harm). The question is on the motion offered by the gentleman from the Virgin Islands (Mr. DS Logo] that the House suspend the rules and concur in the Senate amendment to the bill. H.R. 2621. The question was taken; and two- thirds having voted in favor thereof) the rules were suspended and the Senate amendment was concurred in. A motion to reconsider was laid on the table. GENERAL LEAVE Mr. Dr LUMP. Mr Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks on the Senate amendment to the bill, H.R. 2921The SPEAKER pro tempore. Is there objection to the request of the gentleman from the Virgin Islands? There was no objection. ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE The SPEAKER pro tempore. Debate has been concluded on all motions to suspend the rules. Pursuant to the provisions of clause 5. rule I. the Chair will now put the question nn the !notion on which fur- ther proceedings were postponed. EMERGENCY UNEMPLOYMENT COMPENSATION EXTENSION The SPEAKER pro tempore (Mr. Harm). The pending business is the question of suspending the rules and passing the bill, H.R. 4095, as amend- ed. The Clerk read the title of the bill. The SPEAKER pro tempore. The question is on the motion offered by the gentleman from Illinois (Mr. Ros- =Naos/sin) that the House suspend the rules and pass the bill. H.R. 4095, as amended, on which the yeas and nays are ordered. The vote was taken by electronic device, and there were-yeas 404, nays S. not voting 22, as follows: (Roll No. 41 YEAR -404 Abercrombie Ackerman Alexander Mead Allan Anderson Andrews (MI) Andrews (NJ) Andrews (1X ) linty Anthony Applegate AxIdn Atkins AnCoin Bacchus Beam Salome Barnard Barrett Bsasagea Illmbestt Bentley Remoter Herman Sevin Sutras Blackwell Bliley Soehlert tanner Bonier Swell Wino* Boxer ammo Gunderson Miller (CA) 'Drools Hall WOO ( Mier (OR ) Illeminillid Hall (TI) bats Iforegdat P mantas kink IMMO Ineamerartunidt Moakley Waft Hancock Mimi &Mt Hansen Idolbohan Illisembig Harris Montgomery 111111011111 Hastert Moody SININIBLIMW Hatcher Moorhead am. Hares IL) Moran COMM Rays (LA) Mamba COMO Settee Murphy Campbell (CA) %enter Murtha Campbell (00) Henry Myers Cardin Harm Nagle Carper Hand Mather Carr Hoagland Neal ( MA ) Chandler Hobson Neal )14C) ChaINIMS Hoctibrueckner Nichols Clay Holloway Nowak Moor Hopkins Noma, Coble Horn Oskar Odors (MO) Horton °tarsier Coleman (TX ) Houghton Obey Collins (IL) Royer Olin Collins OW) Hubbard Olver COMM Huckaby Ortis COMP= Hughes Orton Casper Hunter Owens 1 NY 1 Costello Hyde Owens aryl Coughlin Inhofe Oxley Cox (CA) Ireland Packard Coz ( IL) Jacobs Pallone Coyne James Panetta Cramer Jenkins Parker Cunningham Johnson (CT) Fume Darden Johnson (SD) Patterson Davis Johnston Paton de la Ostia Jones (OA) Payne ( NJ ) DePatio Jones (NC) Payne) " A Details* Jonta Pease Dellunis smites Pelorl Derrick Kepler Penny Dickinson Eaglets Perkins Dicta Kennedy Peterson ( FL ) Dingell Kennelly Peterson ) MN) Dixon Kildee Petri Donnelly strata Pickett Dooley !Dug Pickle Dorgan (ND) Kolbe Porter Doman (CA) Kopetakl Poshard Downey Kostmayer Price Dreier Kyl Purcell Duncan Laraine Quillen Durbin Lagomandno Ramstad Dwyer Lancaster Rangel Early Unto. Revene I ',dart LaRocco Ray Edwards ( OK ) Laughlin Reed Edwards . TX 1 Leach Resale Emerson Lehman ( CA) Rhodes Engel Lehman (FL) Richardson English Lent Ridge Erdreich Levin (MI) Riggs Espy Levine (CA) Rinaldo Evans Lewis (CA) Ritter Ewing Lewis (rt.) Roberts Powell Lewis (GA) Roe well Lightfoot Roemer PRIM Unbolt Rogers Peahen Livingston Rotusbacher Fields Lloyd Roo Lontinon Ptah Long Rose Flake Lowery ( CA ) Rostenkowski /belittle Lowey . N Y) Roth Ford (MI) Luken Route ut Prank ( MA ) litactaley Rowland Pruner (Cis) Manton Roy bal Frost Marlene.. Russo °slimly Martha Oslo Gallo mama Sanders Oaydos Mammies IIIIimsbier GeMeinaon llama Illsasu Ogles IloCasollses Small= Gephardt McCloskey RIM. Germ McCollum ,weer °itchiest elicerery steals 011hnor McCurdy Yoder Oilman McDermott HMenier Gingrich McLwen SIND (Hickman IlleOrsth Anew., Gonzales McHugh Mahe Doodling McMillan (NC) Schumer Gom McMillen ( MD) canner Oradu.on McNulty Herren° rand, Meyers Saw Omen %/fume Shaw Chlorin! ,hel Shays Ilbuster SBrstl lItada alias! Atom Skelton Slattery Slaughter Smith (n.) smuts ( IA ) halm (NJ) Smith (OR) Smith (TI) Elbow, sours Solomon Spence Sprat( Staggers Stallings Stark Stearns 8tenholin Stokes Archer Armey Combest Barton Biltrakis Clement Dannemeyer Visually Edwards (Ca ) Peed (TN) Gibbons February 4, 1992 Studds Sundquist Swett Swift Synar Talton Tauzin Taylor ( MS ) Taylor (NC ) Thomas (GA Thomas (WY) Thornton Torres Torrioelli Towns Trafkant neater Uneneld Upton Valentine Vander Jar Vent* Vaclosky V ()lamer NAYS- t Crane DeLay Dool tUe V ucanovich Walker Walsh Washington Waters Waxman Weber Webs Weldon Wheat Williams %neon Wise Wolf Wolpe Wyden Wylie (AK) Young Johnson (TX ) Stump NOT VOTING-22 Gordon Hutto Jefferson Koller Markey Martinez McDade Miller (WA) Morrison Watt k Rake! Tanner Thomas CA ) Whitten 0 1506 The Clerk announced the following pairs: Mr. DELAY and Mr. ARMEY changed their vote from "yea" to Mr. KOSTMAYER and Mr. BURTON of Indiana changed their vote from "nay" to "yea." So (two-thirds having voted in there- of) the rules were suspended and the bill, as amended, was passed. The result of the vote was an- nounced as above recorded. A motion to reconsider was laid on the table. PERSONAL EXPLANATION Mr. MARTINEZ. Mr. Speaker, inad- vertently I missed the vote on H.R. 4095 this afternoon, a very important vote, one that is very important to the people of my district. In the past I have strongly supported these kinds of measures. I voted for the past exten- sions. Mr. Speaker, was in a meeting with school board members from my dis- trict and did not hear the bells go off. Mr. Speaker, had I been here. I would have voted "Yes," and I would like that reflected immediately follow- ing the vote on H.R. 4095, the emer- gency unemployment compensation extension. WITHDRAWAL OF NAME OF MEMBER AS COSPONSOR OF HOUSE JOINT RESOLUTION 323 Mr. McCURDY. Mr. Speaker. I was inadvertently listed as a cosponsor of House Joint Resolution 923. I ask unanimous consent that my name be deleted as a cosponsor motwiaalm_p_n_i_EA____ELA- --a o . this OIL , Tates Tatron Young (FL) Zellff Zimmer ''nay." a sees Woo January 31, 1992 COIGRESSIONAL RECORD - SENA* S 809 mittee meeting is the debt burden of developing countries. There is no ques- tion that debt burdens have exerted strong pressures on the developing countries to use up their natural re- sources, including tropical forests, faster than is compatible with sound natural resource and environmental management. One of the ways of pro- viding effective financial support for developing countries participating in a global agreement to protect and pre- serve forests Is to provide debt relief. Unfortunately an agreement in debt reduction is unlikely at UNCED. Fi- nancial ministries which are the key policymakers on debt management are absent from UNCED delegations in- cluding our own. However, the U.N. Conference could commit the industri- alized nations to enter into consulta- tions with multilateral institutions anO heavily indebted developing coun- tries after the Rio Conference to ex plore new ways to enhance environ- mental protection through reduction of debt. This resolution does not impose any commitment on the United States except to examine the problem of debt in a new context. It also seeks to reas- sure developing nations, whose ability to manage their natural resources sus- tainably is strained by their debt bur- dens, that the issue will be addressed in the context of global environmental protection. Finally, Mr. President, one of the most important issues that will make or break the U.N. Conference Is how to finance the additional budgetary costs to developing nations that will result from the many action programs being negotiated at the Conference. The issue that will be sharply debated at the final Preparatory Committee in New York is whether developing coun- tries will receive new and additional funding from the industrialized coun- tries to cover costs. As I stated earlier, the United States has insisted that these costs can be met by reallocating existing development funds to environ- mental projects. Developing countries fear, however, that this will mean that they will be deprived of financial resources they had counted on to meet their developmental goals. Mr. President, the recent change in White House Chief of Staff has made many believe that the negative atti- tude toward the alms of UNCED that had been so evident there may now be replaced by more constructive atti- tude toward the Conference. We are introducing this resolution today to urge the President to take full advan- tage of the opportunities that UNCED presents. The timeframe between now end UNCED is limited and the amount of work that needs to be accomplished to make the Conference meaningful is tremendous. The role that the United 3tates plays In the meetings leading up to the Conference and the Confer- ence itself will be critical to its success. To ensure successful Earth Summit, I urge the President to make UNCED an immediate priority and to exert the necessary leadership at both the pre- paratory meetings and the Conference that is outlined in this resolution. Such action will move us towards an economically prosperous and environ- mentally sustainable world. SENATE RESOLUTION 254-RELA- TIVE TO THE RECOGNITION OF CROATIA AND SLOVENIA Mr. SPECTER submitted the follow- ing resolution; which was referred to the Committee on Foreign Relations: 8. Ras. 254 Whereas the democratic Republics of Cro- atia and Slovenia are under the threat of oc- cupation and violent siege by the oppressive Communist government of Yugoslavia. Whereas both Croatia and Slovenia have governments that were democratically elect- ed in the spring of 1990 on independence platforms expressing commitment to de- mocracy and free enterprise; Whereas the Yugoslav Republics of Cro- atia and Slovenia declared Independence on June 25. 1991. in accordance to the Univer- sal Declaration of Human Rights In the United Nations Charter and the principles of self-determination under international law: Whereas in declaring independence, the democratic governments of Croatia and Slo- venia were exercising their right to secede set forth in the first sentence of the Yugo- slav constitution; Whereas it is in the United States' inter est to support the efforts toward freedom. self-determination and political pluralism by the Republics of Croatia and Slovenia. Whereas the Republics of Croatia and Slo- venia are committed to peaceful transition to full democracy; Whereas as condition to rem :ninon, all ethnic minority rights of the Serbians living inside the Republics of Croatia and Slovenia should be fully respected: Whereas recognition of Croatia and Slove- nia will deter further aggression and con- tribute toward the peaceful resolution of the Yugoslav question relating to the other former Yugoslav Republics including Serbia. Montenegro, Vojvodina, Kosovo. Macedonia. and Bosnia Hercegovina. Resolved. That it is the sense of the Senate that the United States should game- diateiy recognise the sovereign Republics of Croatia and Slovenia. Mr. SPECTER. Mr. President, today I submit a resolution for the immedi- ate recognition of the former Yugoslav Republics of Croatia and Slovenia. On January 15, 1992, the European Com- munity extended formal recognition to these Republics and no fewer than 21 nations have diplomatic relations with them. The United States should do likewise. The United States can do no good by delaying recognition any longer. De facto. Croatia is already an independ- ent political entity exercising the pow rs of a sovereign state. The Cro- atian people overwhelmingly support- ed independence in referendum on that question and continue to support it with their blood and their children's blood. Croatia has sett, participat- ed in the European Community peace initiative, has met the EC criteria for recognition, and has adopted consti- tution that guarantees minority rights. To delay recognition further can only lead observers to wonder. If the United States continues to withhold recognition, how can we say that we are committed to peace and democracy? We must make It clear that this country continues to stand for the ideals which made us great nation and symbol for others. Ac- cordingly, I urge my colleagues to sup- port this resolution. AMENDMENTS SUBMITTED ST. CROIX, VIRGIN ISLANDS HIS- TORICAL PARK AND ECOLOGI- CAL PRESERVE ACT JOHNSTON AMENDMENT NO. 1523 Mr. MITCHELL (for Mr. Joints-rots) proposed an amendment to the bill (H.R. 2927) to provide for the estab- lishment of the St. Croix, Virgin Is- lands Historical Park and Ecological Preserve, and for other purposes: as follows: 1. Insert after the enabling clause. 'SEC TION 1. 81. .NIT TITLE. This Act may be cited as the 'Omnibus Insular Areas Act of 1992" " 2. In section 202, strike the existing text and Insert in lieu thereof the following: "There are hereby authorised to be appro- priated to the Secretary such sums as may be necessary to- ( 1) reconstruct essential public facilities damaged by disasters in the insular areas that occurred prior to the date of the enact- ment of this Act; and (2) enhance the survivability of essential public facilities in the event of disasters In the insular areas, except that with respect to the disaster de- clared by the President in the case of Hurri- cane Hugo, September 1949. amounts for any fiscal year shall not exceed 25 percent of the estimated aggregate amount of grants to be made under sections 403 and 409 of The Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.8.C. 6170b. 6172) for such disaster. Such sums shall remain available until expend- 3. In subsection 203(a), strike the phrase "the President shall sews." and Insert In lieu thereof, the President. acting through the Director of the Federal Emergency Management Agency, shall arias, ". 4. In subsection 203(1)). strike the phrase, the Secretary shall submit", and Insert in lieu thereof. "the Secretary. In consultatiou with the Director of the Federal Emergency Management Agency shall submit" 5 In section 204, strike all Jp to and In- cluding the phrase "(42 U.S.C. 4121 et seq ) for" and insert In lieu thereof, The total of contributions under the last sentence of sec- tion 404 of the Robert T. Stafford Disaster Relief and Emergency AssistanceAct (42 U.S.C. 11170c) for the". O. In section 301 strike the word "waste water" and Insert In lieu thereof "wastewater- each Oboe It occurs 'I. In subsection 301(b), paragraphs (2) and (4). strike the phrase "an assessment and recommendations on" and insert in lieu thereof, "an assessment of. and reconimen ( ..: ' 4,y .. S 810 ONGRESSIONAL RECORD - SAC daUons regarding.'; and in puma. 3) Mike the phrase "an assessment and recom- mendations for' and Insert in 'let. thereof. "an assessment of, and recommendat ions re- a. In section 306. strike the existing text and insert in lieu thereof the following: "Section 0(a) of Public Law 91-396 Is amended by striking out the period at the end sad inserting in lieu thereof the folios ing. "and in subsection (b). by striking out and Micronesia' each place It appears and inserting in lieu thereof 'Micronesia, and the Northern Mariana Islands' and by strik- ing out and to Micronesia' and Inserting bn lieu thereof . Micronesia, and to the North- ern Mariana Islands'.". SERVICE ON THE UNITED STATES SENTENCING COMMIS- SION BIDEN (AND THURMOND) AMENDMENT NO. 1524 Mr. MITCHELL (for Mr. BIDEN. for himself and Mr. THURMOND) proposed an amendment to the bill (S. 1983) to amend section 992 of title 28. United States Code, to provide member of the United States Sentencing Commis- sion a hose term has expired may con- tinue to serve until a successor is ap- pointed or until the expiration of the next session of the Congress. as fol- lows: Strike section 3 of the bill. AUTHORITY FOR COMMITTEES TO MEET comer.= ON AIMED SERVICE% Mr. MITCHELL Mr. President, I ask unanimous consent that the Com- mittee on Armed Services be author- ized to meet on Friday. January 31, 1992. at 10 a.r.i., possibility of an after- noon session, to receive testimony on the amended defenre authorization re- quest for fiscal year 1993 and the future year defense plan. The PRESIDING OFFICER. With- out objection, it is so ordered. SONCOMUITTEZ ON OVERSIGHT Of GOVERSKENT MANAGEMENT Mr. MITCHELL Mr. President, I ask unanimous consent that the Sub- committee on Oversight of Govern- ment Management, Committee on Governmental Affairs, be authorized to meet during the session of the Senate on Friday. January 31 1992. at 9 am., to hold hearing on "Stealth Compensation of Corporate Execu- tives: Federal Treatment of Stock Op- tions." The PnESIDING OFFICER. With- out objection, it is so ordered. ADDITIONAL STATEMENTS REFLECTIONS ON THE STATE OP THE UNION Mr. WOFFORD. Mr. President, for most of the past year, President Bush refused to take any action to get our Acolomy off dead renter, create new jobs, invest In our young people and our communities. or confront the sky- rocketing costs of health care in our country. This week, after more than 2 months of buildup, he put his plans- or at least some of his plans-on the table. For 3 years, his chair's been empty when it comes to the domestic problems pressing down on American families. We welcome him to the table. We welcome his call for action-because our country cannot move forward without a President ready to lead. However late he is, this is not the time to look Lack at the President's lost opportunities. This is not the time for politics as usual. This is the time for the Congress and the President to reach out to each other. This Is the time for us to do everything In our power to agree on practical measures that help the American people. I urge that we in this body consider with open minds the President's spe- cific proposals and support all of them that make sense. And I urge that we ask the President to consider with an open mind the proposals we have been making over these many months to get our economy moving again. Together, let us put together the best possible combined action plan, and as a first step let us accept the President's date of March 20. Let us move with the same commitment and sense of urgency we demonstrate when we deal with emergencies overseas. Be- cause we have human emergencies to deal with here at home. Here are some of the President's proposals which I support: First, extension of unemploi ment benefits: After repeatedly blocking ex- tensions last summer, the President C. last recognizes that millions of our people continue to hurt, to lose jobs. and to face the imminent prospect of cut off in benefits. Extending unem- ployment benefits was the first bill I fought for in this Chamber. I am sorry that the sad state of our economy re- quires us to continue that effort. But it does. So let us act in the next 10 days, before unemployment benefits begin to run out for hundreds of thou- sands of our fellow citizens. Second, expansion of housing oppor- tunities: A key part of the American dream is for every family to own a home of its own, and nothing would help bring our economy out of this re- cession better or faster than action to promote the building and purchase of homes. So let UN act to allow flat time home buyers to withdraw from their IRA's without penalty. Let us modify passive loss rules. Let us extend the Mortgage Revenue Bond Program and the low-income housing tax credit. Third, expansion of Head Start: Let us invest in future generations by In- creasing the funding for Head Start. I was personally involved in some of the original planning of Head Start in the 1960's, and for many years have urged that Head Start be expanded to make January 11, 199 room for all who need it. The time has come to assure access for everyone who is eligible. Fourth, deductibility for interest on college loans: Let us invest in the edu- cation of this generation of college students by reinstating the deductibil- ity of student loan Interest. I have been cosponsoring legislation to do just that-and much more to make It possible for all qualified young people to go to college. In the meantime, re- storing deductibility is a small, but useful and immediate step we can take to counteract the rising costs of col- lege and help the children of middle- class families get the degree that is so important to their success in life. Fifth, extension of the research and development tax credit: This is an- other worthwhile investment in our future competitiveness which I hate been urging, along with legislation I have been cosponsoring to provide more far-reaching support of research and development by American indus- try. Sixth, acceleration of capital invest- ment in existing programs: Congress and the administration should work together with State and local govern- ments to cut redtape and expedite the application of already appropriated funds, especially the money allocated for highways, bridges, and mass tran- sit. This would create immediate jobs in the construction industry and result in other jobs in related businesses. These public investments not only create jobs now, they lay the essential foundation we need for private invest- ment in the future. We passed the transportation bill :ast year. Fast action to get those new resources ap- plied to construction and jobs is the least we should expect, but we need the administration's full cooperation. Seventh, tax relief and economic stimulus: The President's tax propos- als show a willingness to inject some money into our economy thr .gh lower taxes. I support the basic premise. The change he is suggesting on withholding rules may help a little In the short term. But it does nothing to bring real equity to our tax system. The President has once again pro- posed reducing capital gains taxes. But for a capital gains cut to be justified as part of an economic recovery plan, it must be targeted to encourage real, job-creating investment, not the short- term speculation and paper profits we had in the 1980's. We have to make certain that a cut in the capital gains tax helps our whole economy, not simply the wealthy. : hope that the President will work with the Congress to devise a tax pacitage that will accomplish relief for individuals and middle-income fami- lies. us well as the needed stimulus for OUT economy. Eighth, savings in military spending. invested in domestic needs: The Presi- dont recognized the need to reduce military spending In line with revolu- '/ ° garding.". . . II ' - . - NklIZinber 25, 1991 CONGRESSIONAL RECORD- How SE Mr. RINALDO. Mr. Speaker, I yield 2 minutes to the gentleman from Pennsylvania [Mr. Sareroaum). Mr. SANTORUM. Mr. Speaker, I thank the gentleman for yielding this time to me. Mr. Speaker, I, too, come here to support this bill, as an attorney who used to represent the public broadcast- ing station in Pittsburgh and as a very strong supporter of public broadcast- ing and in the work in particular of WQED in Pittsburgh that has done a fantastic Jot not only in "Mr. Roger's Neighborhood" but many other local programs. I heartily support this en- deavor. It Is unfortunate, however, that we are here discussing public broadcast- ing instead of doing something very substantive about the growth and the need for economic growth here in this country. When I walked back up the aisle after the last time I took the well, a few of my colleagues were surprised at the fact that I said that the President of the United States would actually sign this economic growth package, the growth package that we brought to the floor a few days ago. I will repeat that for members on both sides of the aisle. The President of the United States said this evening that he will sign this economic growth package. I know there are many Members on the Democratic side of the aisle, be- cause I have talked to many of them, who are anxious to do something about this economy. They are anxious because they know there are problems out there in the economy. They know that people are desperate. They know that this economy needs a jump start. They realize that. But Mr Speaker, we are not going to get a chance under the current rules, we are not going to get a chance to vote on an economic growth package before this Congress adjourns for the end of this year. Not. I would plead with Members from this side of the aisle and Mem- bers from that side of the aisle, to the Speaker of the House, please, for the American public, give this economic growth opportunity a chance. Have it debated. Put up your own economic growth package. Let us talk about both of them. Let us have a debate here. Before we take month and half off for our vacation time, let us have a debate on the floor of the House before we leave. Let us have a discussion on economic growth. Mr. RINALDO. Mr. Speaker, f have no further requests for time, and I yield back the balance of my time. Mr. MARKEY. Mr. Speaker, I would like to add that Craig Margolis of the Subcommittee on Telecommunications and Finance of the Committee on Energy and Commerce helped to very much in the draft ng of this legisla- tion. Mr. Speaker, I yield hack the bal- ance of my time. The SPEAKER pro tempore. Thecae question is on the motion offered torcay the gentleman from Mas.:achusett=lr 1.4 Mr. MARKEY) that the House suspers-sesd the rules and pass the bill, H.R. 297= 1, as amended. This question was taken: and (twcsa3- thirsts having voted in favor thereof!. 1) the rules were suspended and the WAIL as amended, was passed. A motion to reconsider was laid oxalic the table. GENERAL LEAVE Mr. MARKEY. Mr. Speaker, I sick unanimous consent that all Member-ors may have 5 legislative days within which to revise and extend their remise- marks and include therein extraneou a.us material on H.R. 2977, the bill Just passed. The SPEAKER pro tempore. Lits there objection to the request of these gentleman from Massachusetts? There was no objection. OMNIBUS INSULAR AREAS ACT - OF 1991 Mr. De LUGO. Mr. Speaker, I moves -e to suspend the rules and pass the 'JILL 11 (H.R. 1688) entitled the "Omnibus Insa-3- sular Areas Act of 1991', as amendedII:=1. The Clerk read as follows. H.R. 1688 Be it enacted by the Senate and House cacti Representatives of the United States crib(/ America in Congress assembled, SECTION 1. SHORT TITUt. This Act may be cited as the 'Ornnibussas Insular Areas Act of 1991". TITLE I-INSULAR AREAS DISASTE1=116,1 SURVIV ALL AND RECOVERY ACT OFIEP 1991 Sic'. iv SHORT TITLE This title may be cited as the Insular _F Areas Disaster Survival and Recovery Act sof 1991". SEA' mfr. DEFINITIONS As used in this title - (1) the term "Insular area" means any meal the following American Samoa. Guam. theme Northern Mariana Islands. the Trust Terri il- tory of the Pacific Islands. and the Virgir7-ari Islands. (2) the term "disaster" means a declara-4.- tion of a major disaster by the PresidentEr _t after September 1. 1989. pursuant to sectiorx-m 401 of The Robert T. Stafford r Relief and Emergency Assistance Act (42C:ZI U.S.C. 5170); and (3) the term "Secretary" means the Secre--...- Lary of the Interior. SW. 1M. AtTlioRIZATIoN. There are hereby authorized to be roots priated to the Secretary such sums as maNgiv be necessary ta- ct) construct essential public facilities ne- -- cessitated by disasters in the insular &reassess occurring prior to the date of the enactment 1C of this Act. and (2) enhance the survivability of essential _l Infrastructure In the event of ("Wasters lima the insular areas except that with respect to the disaster de- - - dared by the President in the case of Hurd.= cane Hugo. September 1989. amounts for any fiscal year shall not exceed 23 percent _IS of the estimated aggregate amount of If grants to be made under sections 403 and MI H 11229 4041 est The Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 3170b, 5172) for such disaster. Such turns shall remain available until expended. see. aSsistam E_ (a) Upon the declaration by the President of disaster In an insular area, the Presi- dent, acting through the Director of the Federal Emergency Management Agency. shall smelt In cooperation with the Secre- tare and chief executive of such insulter area, the capability of the insular govern- ment to respond to the disaster, including the capability to assess damage; coordinate activities with Federal agencies. particularly the Federal Emergency Management Agency; develop recovery plans, Including recommendations for enhancing the surviv- ability of essential infrastructure; negotiate and manage reconstruction contracts: and prevent the misuse of funds. If the Presi- dent finds that the insular government lacks any of those or other capabilities es- sential to the recovery effort, then the President shall provide technical assistance to the Insular area which the President deems necessary for the recovery effort. (b) One Year following the declaration by the President of a disaster in an insular area, the Secretary, in cooperation with the Director of the Federal Emergency Manage- ment Agency, shall submit to the Commit- tee on Interior and Insular Affairs of the House of Representatives and the Commit- tee on Energy and Natural Resources of the Senate a report on the status of the recov- ery effort. including an audit of Federal funds expended in the recovery effort and recommendations on how to improve public health and safety, survivability of infra- structure, recovery efforts, and effective the of funds in the event of future disasters. sac. Isla. HAZARD mmt;ATIoN. The total of contributions under the last sentence of section 404 of The Robert T. Stafford Disaster Relief and Emergency As- sistance Act (42 U.S.C. 5170c) for the Insular areas shall not exceed 10 percent of the esti- mated aggregate amounts of grants to be made under sections 403, 406. 407. 408, and 411 of such Act with respect to any major disaster Provided. That the President shall require 50 percent local match for assist- ance in excess of 10 percent of the estimat- ed aggregate amount of grants to be made under section 406 of such Act for any disas- ter. SW. lea TECHNic At assaemagyer Paragraphs (3) and (4) of section 102 of The Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122) are each amended by inserting after "Amer- ican Samoa," the following: -The Northern Mariana Islands.'. TITLE II MISCELLANEOUS PROVISIONS SEC. sea. ANILRIt'AN SAMOA WAWA. SEIVERMAL AND rowed Nernst (a) The Secretary of the Interior shall conduct a comprehensive study or. as appro- priate, review and update existing studies to determine the current and long-term water, power, and wastewater needs of American Samoa_ Such study Phan be conducted in consultation with the American Samoa Gov- ernment and those Federal agencies which have recent experience with the water. power. and wastewater needs of American Calais . (b) The Secretary of the Interior shall report the results of the study conduct( d under subsection (a) to the Committee on Interior and Insular Affairs of the House of Representatives and the Committee on Energy and Natural Resources of the ti I .411Ln one, sat' TztleocAl. - \-- H 11230 S CitGRESS1ONAL RECORD - HOUSE Senate not later than December 31, 1992. The report shall include- (1) an amessinent of the water, power, and wastewater needs of American Samoa on the date of the enactment of this Act and for the year 2000: (2) an assessment of. and recommends tions regarding, how these needs can be met: (3) an assessment of, and recommenda- tions regarding, any additional authority or funding which nosy be necessary to meet these needs: and (4) an assessment of. and recommenda- tions regarding. the respective roles of the Federal and American Samoa Governments in meeting these needs SEC. SW. INSULAR tAll'ER.NSIENT Pt RCHASELL The Governments of American Samoa. Guam. the Northern Mariana Wands. the Trust Territory of the Pacific Islands, and the Virgin Islands are authorized to make purchases through the General Set vices Ad ministration. SEC 1St PWRELT AMNIA IATTJ) STATE CARRIER. (a) In furtherance of the objectives of the Compact of Free Association Act of IOU (Public Law 99-230) and notwithstanding any other provision of law, a Freely Assoc! acrd State Air Carrier shall not be preclud ed from providing transportation, between a place in the United States and a place in a state in free association with the United States or between two places in such a freely associated state, by air of persons (and their personal effects) and property procured, contracted for, or 01 herwise ob- tamed by an executive department or other agency or instrumentality of the United States for its own account or in furtherance of the purposes or pursuant to the terms of any contract, agreement, or other special ar- rangement made or entered into under which payment is made by the United States or payment Is n.ade from funds ap- propriated. owned. contro..ed. granted. or conditionally granted, or utilized by or nth erwise established for the account of the United States, or shall be furnished to cr for the account of any foreign nation, or any international agency, or other organize Lion of whatever nationality, without provi dens for reimbursement. (b) The term "Freely Associated State Air Carrier" shall apply exclusively to a carrier referred to In Article IX(5eb) of the Feder- al Programs and Services Agreement con- cluded pursuant to Article II of Title Two and Section 232 of the Compact of Tree As- socialite. SEC. 155. MARSHALL ISLANDS FOOD ASSISTANCE Section 103(hx2) or the, Compact of Free Association Act of 1965 (48 U.S.C. 1681 note) is amended by striking out "five" and inserting In lieu thereof "ten" six ma NOWTHRIAN MARIANAS cottage. Section 9(a) of Public Law 99 396 Is emended by striking out the period at the end and inserting in lieu thereof the follow ing: "and in subsection (b), te. striking out and Micronesia' each place It appears and inserting in lieu thereof Micronesia, and the Northern Mariana Islands' and by sulk- Ing out 'and to and inserting in lieu thereof Micronesia, and to the North- ern Mariana Lash.' TITLE HI -SALT RIVER BAY NATIONAL HISTORICAL PARK AND ECOLOGI- CAL PRESERVE AT 8I CROIX. ' ROIN ISLANDS, ACT OF 1991 wan ass. SNORT wets This title may cited as the "Salt River Bay National Histories! Part and Ecological Preserve at St. Croix. Virgin Islands. Act of 1991" sec. 1st FINDINGs. The Comma finds that the Salt River Bay area of the north central coast of St. Croix, United States Virgin !elands- (1' hes been inhabited. possibly as .s, back as 2000 B.C., and encompasses all major cultural periods in the United States Virgin Wands; (2) contains the only ceremonial toil court ever discovered in the Lesser Antilles, vil- lage middens. and [-oriel grounds which can provide evidence for the interpretation of Caribbean life prior to Columbus; (3) is the only known site where members of the Columbus expeditions set foot on hat is now United States territory: (4) was a focal point of various European attempts to colonise the area during the Cast- Columbian period and contains sites of Spanish, French, Dutch. English, and Danish settlements. including Fort Sale, one of the :ew remaining earthwork fortifies- tions in the Western Hemisphere: (5) presents an outstanding opportunity to preserve and interpret Caribbean history and culture, including the impact of Europe- an exploration and settlement; (6) has been a national natural landmark since February 1980 and has been nominat- ed for acquisition as a nationally significant wildlife habitat: (7) contains the largest remaining man- grove forest in the United States Virgin Is- lands and a variety of tropical marine and terrestrial ecosystems which should be pre- served and kept unimpaired for the benefit of present and future generations: and (8) is worthy of comprehensive preserve- tion effort that should be carried out in partnership between the Federal Govern- ment and the Government o: the United States Virgin Islands. SEA' NS SALT RIVIAA SAY NATIONAL HISTORIC PARR AND broil . AL PRESERVE AT ST. CROIX. Mots ISLANDS (a) Errant isemesn.-In order to preserve, protect, anJ interpret for the benefit of present and future generations certain na- tionally significant historical, cultural, and natural sites and resources in the Virgin Is- lands, there is established the Salt River Bay National Historical Park and Ecological Preserve at St. Croix. Virginia Islands (here- after it this title referred to as the "park"). (b) ARTA INCLUDED. -The park shall consist of approximately 912 acres of land, waters, submerged lands, and Inter 'se's therein within the area generally depicted on the map entitled 'Salt River Study Area- alter- native 'C" in the "Alternatives Study and Environmental Assessment for the Colum- bus Landing Site. St. Croix, U.S. Virgin Is- lands" prepared by the National Park Serv- ice and dated June 1990. The map shall be on the file and available for public inspec- tion in the offices of the National Part Service. Department of the Interior, and the Offices of the Lieutenant Governor of St. Thomas and St. Croix. Virgin Islands. SEC. SSA MAN niMos 1W LAND. Durst Mum:tem.-The Secretary of tee Interior (hereafter In this title re- ferred to as the "Secretary") may acquire land and interests in land within the bound- aries of the part only by donation. purchase with donated or appropriated funds, or ex- change. Nothing in this section shall be con- strued to prohibit the Government of the Virgin Islands from acquiring land or inter- est in land within the boundaries of the park. (b) LIMITATIONS ow ADTHOS ITT Lands, and interests is. lands, within the bound- aries of the park which are owned by the Virgin Wands. or any piton subdivision thereof. may be acquired only by donation or exchange. No innds. or Interests therein. November 21:71991. containing duelling. lying within the park boundary se of July I. 1991. may be ac- quired withot t the consent of the owner. unless the Secretary determines, after con- sultation with the Government of the Virgin Islands, that the land is being devel oped or proposed to be developed In manner whist. is detrimental to the natural. scenic, historic, and other values for which the part was iiitabliahed. sac. PA %DIM MATSON (a) Is Gout. -The park shall be admin- istered in an.ordarice with this title and with the provisions of law generally applica- ble to units of the national park system, in- chiding, but not :united to, the Act entitled "An Act to establish National Park Serv- ice, and for °the purposes". approved August 25, 11 16 (39 Stat. 535: 16 U.S.C. 1-4) and the Act of August 21, 1935 (49 Stat. 666: 16 U.S.C. 48 . -467). In the case of any con- flict betweer the provisions of this title and such generally applicable provisions of law, the provisions of this title shall govern. (b) COOPS:JAMS AGZIMINTS WITS UNITED STATES Visors ISLANDS. -The Secretary. after consul Ins with the Salt River Bay Na Lionel Hiatt deal Park and Ecological Pre- serve at St. Croix, Virgin Islands, Commis sion (hereafter in this title referred to as the "Commission") established by section 304, is authorised to enter into cooperative agreements with the United States Virgin Islands. or any political subdivision thereof. for the management of the park and for other purposes. lc ) Oran. ILANAGEMIENT PLAN. -4 1 Not later than the last day of the third fiscal year beginning after the date of enactment of this title. the Secretary, in consultation wit:) the Commission, and with public in- volvement, shall develop and submit to the Committee on Interior and Insular Affairs of the House of Representatives air' the Committee on Energy and Natural Re- sources of the Senate a general manage ment plan for the park. The general man- agement plan shall describe the appropriate protection, management, uses, and develop- ment of the park consistent with the pur poses of this title (2) The general management plan shall in elude, but not be limited to. the following (A) Plans for implementation of con- tinuing program of Interpretation and visi- tor education about the resources and values of the park. Proposals for visitor use facilites to be developed for the park. (C) Plans for management of the natural and cultural resources of the park, with par- ticular emphasis on the preservation of both the cultural and natural resources and long-term scientific study of terrestrial. marine, and archeological resources, giving high priority to the enforcement of the pro- visions of the Archeological Resources Pro- tection Act of 1979 (16 U.S.C. 470aa et seq.) and the National Historic Preservation Act (16 U.S.C. 470 et seq.) within the park. The natural and cultural resources management plans shall be prepared In consultation with the Virgin Islands Division of Archeology and Historic Preservation. (D) Proposals for assessing the potential operation and supply of park concessions by qualified Virgin Islands-owned businesses. (E) Plans for the training of personnel in accordance with subsection Id). (d) ASSIST ARCS ro Pacesoes A Vigour IS- LANDS Tsaanfosuat PARR Buns -During the 10-year period beginning on the date of enactment of this title. the Secretary shall provide the funds for the employees of the Government of the Virgin Islands directly engaged in the Joint management of the park and shall Implement. In consultation t . ' . .4116. - r13) ell sly 511 -411- 147,Aviaber 15, 1991 CONGRESSIONAL RECORD - HOUSE with the Government of the Virgin Wanda. emigrant wader -winch Virgin Islands da- mns may be trained to all phases of park op e-rations and management, except that in no event shall the Secretary provide more than 50 pineal of the handling for such purposes. A primary objective of such program shall be to train employees in the skills necessary for operating and managing Virgin Islands Territorial Part System stir tat. SALT MIR SAY ...Tamer NIATORICAL Walt AND OLIADIALAIL mamma AT or rams. VIDIjh ISLAND& corn aims= (A) ESTABLISAIMENT.-There is established a commission to be known as the Salt River Bay National Historical Part and Ecological Preserve at St. Croix. Virgin Islands. Com- mission. lb) Dennis.- The Commissien shall- (1) make recommendations oa how all lands and waters within the boundaries of the park can be jointly managed by the gov ernments of the Virgin Islands and the United States to accordance with this title: 13) consult with the Secretary on the de- velopment of the general management plan required by section 305, and (30 provide advice and recommendations to the Government of the Virgin Islands, upon request of the Government of the Virgin islands. (c I Winnueszir. -The Commission shall be composed of le members, as follows: (1) The ()oversaw of the Virgin Wands or the designee of the Governor. (2) The Secretary. or the designee of the Secretary. (3) Four members appointed by the Secre- tary. (4) Your members appointed by the Serve tary from list provided by the Governor of the Virgin Islands. at least one of whom shall be a member of the Legislator? of the Virgin Islands. Initial appointments made under this sub- section shall be made within 120 days after the date of enactment of thin title, except that the appointments made under para- graph (4) shall be made within tie days after the date an which the Secretary re- ceives such list. (d) Teases. -Tbe members appointed under paragraphs (3) and (4) shall be ap- pointed for terms of 4 years. A member of the Commission appointed for a definite term may serve after the expiration of the rnembeee term until successor la appoint- ed. A vacancy in the Commission shall be !Hied in the same manner In which the original appointment was made and shall oe filled within 00 days after Ale expiration of the term. (e) Client -The Chair of the Commission shall alternate annually between the Secre- tary and the Governor of the Virgin Islands. All other officers, of the come..., shall be elected by a majority of the members of the Commission to serve for terms estab- lished by the Commission. ( f ) Mgensios.-The Commission shall meet CO regular bests or at the mil of the Chair Wince of meetings and agenda shall be published is the Federal Register and local newspapers having a distribution that generally covers the United States Virgin Is- lands. Commission meetings shall be held at locations aid in such a manner as to ensure adequate public invotvernent. (g) larspass.-Idesubers of the Cowan se:in shalt serve without eameensation as such. but the Seemethen may Pal each member of the Commission travel expenses. including per diem in lieu of subsistence, In accordance with section 5703 of title 5, United States Code. Members of the Com. MUNSON who are fun dote offices or employ- eta of the United States er the Virgin Is- lands noversments may net receive addi- tional say, allowances, or benefits by reason of then service on the Commission The Secretary ghat/ provide the Commission with a budget for travel expenses and staff, and eukitlines by which expenditures shall be amour ted for. (h.) Mamas ADVISORY Comelier. ACT . -- Except wish respect to the provisions or sec- tion lfi() of the Federal Advisory Commit- tee Act, ant except as otherwise provided in this title. the provisions of the Federal Advi- sory Committee Act (5 U.S.C. App.) shall apply to the Commission. (i) Tonna ATWN. -The Commission shall terminate 10 rears after the date of enact- ment of this title unless the Secretary deter- mines that it is necessary to continue con- sulting with the Casunission In carrying out the purpose, of this title. sac. eesaUlkIlATION Or AffPRoffiEl AMMO. There is authorised to be appropriated such sums as may be necessary to carry out this title. The SPEAKER pro tempore. Pursu- ant to the rule, the gentleman from the Virgin Islands (Mr. LOGO) will be recognized for 20 minutes. and the gentleman from California [Mr. Law- ammo") will be recognized for 20 minutes. The Chair recognizes the gentleman from the Virgin Linnets IMr. nu Loco]. Mr. as LUGO. Mr. Speaker. I yield myself such time as I may consume. (Mr. DE LUGO asked and was given permission to revise and extend his re- marks.) Mr. rie LUGO. Mr. Speaker, as you know, the Congress has the responsi- bility under the Constitution to deter- mine policies for the insular areas in the Caribbean and the Pacific associ- ated with the United States. As Mem- bers may be aware, the practice has been to combine many of these deci- sions on which there it; general agree- ment into omnibus bills The substitute for H.R. 1688 before the House is such legislation It would establish policies to meet several insu- lar situations. It was developed on a bi- partisan basis and in consultation with the Senate and the administration. The Omnibus Insular Areas Act of lien that I have proposed has its ori- gins in a bill that passed both the House end the Senate last year. Unfor- tanaten, that bill was not enacted into law because final Senate action came too late for the House to act fur- ther before it adjourned. Today's legislation eliminates the areas of disagreement reconciling the House and Senate versions of last year's bill with the achnbtatration. In effect, it is the product of an informal conf erence. Thus, the changes made from the bill as passed unanimously by the House lest year or as reported by the Interior and Insular Affairs Commit- unanimously this year are those we understand are necessary to make It possible for this legislation to finally become law, and become law wort. The compromises have resulted in a substitute that is aiseeptable to the ad- ministration and that I believe will be H 11231 accepted by the Senate committee leadership. These compromises have preserved the most important original purposes of the legislation So. while issues of controversy have been removed from the substitute, the provinisis It retains are, nonetheless. reatly needed. Some are urgent in nature. For ex- ample, one would continue the food program for the Marshall Islands atolls contaminated by U.S. nuclear testing. Another would provide the territory that T -*present, the U.S. Virgin Islands. who. assistance needed for recovery from the awful Hurricane Hugo. Appropriations for both of these purposes have already been made; but there is need for additional authorization. INSULAR ARRAS DISASTER SURVIVAL area ['COWMEN ACT Title I of the legislation is the Insu- lar Areas Disaster Survival and Recov- ery Act. It would authorise measures necessary to enable insular areas to survive and recover from natural disas- ters. BACKGROUND Or TITLE These provisions were the driving force behind the legislation. They were developed after Hurricane Hugo struck the Virgin Islands with what the Federal Emergency Management Agency MENU) described as a "force unsurpassed in this century." The storm devastated the island of St. Croix in particular. Over 90 per- cent of the island's buildings were damaged and about 50 percent of the population sought disaster assistance. A delegation led by the now chair man of the Interior and Insular Af- fairs Committee, our distinguished col league GEORGE ?Anita and the Secre- tary of the Interior, our former col- league Manuel Lilian, agreed that the destruction was so pervasive that as- sistance beyond that which normal disaster programs could provide was needed. This was also suggested by FEMA when it reported t year after the dis- aster that "much still needs to be done before full physical, economic. envi- ronmental and psychological recovery is a reality." The experience of the Virgin Islands is not unique among the insular areas. as a U.N. subcommittee recognised re- cently in commenting upon the par titular vulnerability of small territo- ries to natural disasters. To prove the point I note that just since Hugo. seri- ous disasters have occurred in five of the six Pacific Insular areas. The fart is that the insular areas face extraordinary disaster problems because of the frequency and severity of the tropical storms that strike them. Their rate of disasters far exceeds the rate of the States. They need special assistance for re- spending to disastrous storms because of their distance from the rest o' the Nation; their relatively smelt state pop- c , r 10' Mi. na I . e o III 11232 CONGRESSIONAL RECORD - HOUSE November 25, 1991 ulations, resource, and revenue bases; and their relatively high costs and great social and economic needs. In particular, they lack infrastructure strong enough to withstand the rav- age, of nature. We have already recognized this by appropriating $7.5 million to the Inte- rior Department for the special disas- ter problems faced by insular areas. Authorization is needed for spending this appropriation and that is one of the purposes of this legislation. ANALYSIS Olt TITLE I This legislation, therefore, would: Authorize Interior Department funded construction of facilities neces- sitated by disasters which have oc- curred from the time of Hugo to the present; Authorize Interior and FEMA funded hazard mitigation, thrt is. im- provements to infrastructure to enable it to withstand the inevitable future natural disasters; Require the President to assess the ability of an insular area to cope with a disaster and provide any needed technical assistance; Require the Interior Department to report on recovery a year after disas- ters occur; and Clarify the eligibility of the North- ern Mariana Islands for normal Feder- al disaster relief through FEMA. MISCELLANEOUS PROVISIONS Title II of the substitute consists of miscellaneous provisions. It would: Require the Interior Department to report on American Samoa's water and power needs; Make the current, temporary au- thorization for insular governments to make purchases through the Federal Government permanent; Authorize agencies to contract with airlines in the federated States of Mi- cronesia and the Republic of the Mar- shall Islands; Extend the authorization for supple- mental food assistance for the peoples of the Marshall Islands atolls contami- nated by U.S. nuclear testing; and Authorize the Northern Marianas College to receive the same endow- ment authorized for other insular land grant institutions. Let me briefly explain the back- ground of these provisions. AMERICAN SAMOA WATER. SEWERAGE. AND POWER NEEDS The insular areas lack some of the basic infrastructure needed for a decent quality of life and that resi- dents of the States take for granted. The lack of essential facilities poses health hazards, impedes economic growth, and cannot be met with the limited resources of island communi- ties alone. This is especially a problem in the less developed insular areas, such as American Samoa and the Trust Territory Islands of Palau. The Congress has acted to provide special assistance for many critical in- sular infrastructure needs: but it has only done so on a piecemeal basis. Fur- then. while some studies of some needs have been done: a comprehensive study of related needs has not. Last year's bill would have required the Interior Department to make com- prehensive recommendations on insu- lar water, power, and sewer needs. An amendment I proposed expanded upon legislation initially sponsored by our colleague Ern F H. FALZOMAVAEGA. This bill, as reported by the Interior and Insular Affairs Committee, would have covered all of the U.S. insular areas and the Trust Territo, y. There were objections in the admin- istration and the other body, however, to this provision in this bill. Later, though, those objecting on the other side of the Capitol agreed to a very similar provision If it were limited to American Samoa, one of the areas of the most acute need for it. We, have, therefore accepted the best agreement we could reach with Senate sponsors so that we can at least comprehensively address the very seri- ous problems faced in Samoa. These problems include villages without run- ning water and chronic deficiencies in the electricity delivery system. The revised provision would require the Interior Department to report re- garding Samoa's needs by the end of next year. I have been advised that Chairman Brum Err JOHNSTON of the Senate committee agrees that Interior is to use all funds necessary for the study, which is estimated to cost at least $200,000. There are also indication from the Senate that they would support use of existing authorities, such as the Inte- rior Departments territories technical assistance program, to examine specif- ic needs in other areas. So, the limita- tion to Samoa is one with which we can live. INSULAR GOVERNMENT PURCHASES Annual appropriations laws enacted since 1950 have authorized insular area.; receiving assistance through the Interior Department to make pur- chases through the General Service Administration. There is, however, no permanent authority for this means of procurement. This authority is needed to enable governments that are great- ly dependent upon Federal funds to achieve economies in obtaining equip- ment and supplies. The provision to meet this need is identical to one that passed the House last year. KELLY ASSOCIATED STATE CARRIER Some of the development assistance granted the Marshall Isis Ids under he Compact of Free Association Act of 1985 has been used to establish an airline. The Defense Department wants to use this airline for transpor- tation to the important Kwajalein Missile Range which is located in the islands. Federal agencies, however, lack authority to contract with freely associated state airlines. The provision to correct this situa- tion is Identical to one that passed both Houses last year. It was cospon- sored by the distinguished ranking Re- publican of the Interior and Insular Affairs Committee, our colleague Dom YOUNG. MARSHALL ISLANDS FOOD ASSISTANCE The 1985 Compact Act also author- ized special supplemental food assist- ance for the peoples of the four Mar- shall Islands atolls contaminated by U.S. nuclear testing through fiscal year 1991. Subsequent legislation com- mitted that the assistance would be provided as long as needed. Some $418,000 has been appropri- ated for the food program for fiscal year 1992. There is, though, no specif- ic authorization for spending beyond fiscal year 1991. NORTHERN MARIANAS COLLEGE The Omnibus Insular Areas Act of 1986 designated the Northern Mari- anas College a land grant institution. It did not, however, make the college eligible for the $3 million endowment provided other insular 1-nd grant in- stitutions. The provision to authorize the en- dowment is identical to one that passed the House in 1988. I appreciate the help that we re- ceived on this matter from the Resi- dent Representative of the Northern Mariana Islands. 4uan Babauta. ST. --MOIL VIRGIN ISLANDS PARK AND PRISE? VI Title III of the substitute would es- tablish the Salt River Bay National Historical Park and Ecological Pre- serve in St. Croix, VI, consisting of ap- proximately 912 acres of land and water. It is virtually identical to the text of H.R. 2927, which passed the House on November 5. These provisions would: Authorize the Secretary of the Inte- rior to acquire lands within the bound- ary of the park and to enter into coop- erative agreements with the Govern- ment of the Virgin Islands for the management of the pars: Establish a 10-member advisory com- mission to make recommendations to the Secretary and the Government of the Virgin Islands on how all lands within the boundaries could be jointly managed and to consult in the devel- opment of the general management plan; and Establish a training program for Virgin Islands Government employees directly engaged in park operations. BACKGROUND Or TITLE II Salt River Bay, located on the north central coast of St. Croix, has long been recognized as an area worthy of preservation. Legislative efforts to pro- tect it actually date to 1958 when the Legislature of the Virgin Islands voted to purchase 50 acres of the area. Included were five acres of beach where Christopher Columbus an- chored his 17 ships on his second voyage and sent some of his men ashore to investigate the Indian v it lage that was visible on the island's western shore. The 5-acre Columbus .1. F " r S 410.. sr . - Akvember S5, 1991 CONGRESSIONAL RECORD - HOUSE 1 4 11233 Landing She was designated a -Hei Clonal Motor* Landmark in 1960. - In addition to its rich historical and cultural history. the area also has a wealth of natural and environmental treasures. These include: The largest remaining mangrove forest in the U.S. Virgin Islands; a significant tropical reef system, and a submarine canyon; as well as breeding grounds for a number of North American songbirds. In IMO, ilidacre area of Salt River Bay was designated a National Land- mark. airreasocat FROM ...memos el_LL There are several major differences between the reported bill and the sub- stitute other than the one relating to the water, power, and sewerage study that I have already explained. One, requested by the minority, would limit the authorization for Inte- rior Department funded construction of facilities in Insular areas necessitat- ed by disasters to disasters which have occurred from the time of Hurricane Hugo to the present. It would also set the authorization for construction in the Virgin Islands related to Hugo. The language fixing this authority is similar to language contained In the reported bill setting a limit on assist- ance to the Virgin Islands through FEMA for hazard mitigation that was deleted from the substitute at the re- quest of the administration. Another change requested by the minority would respond to the roles of the Interior Department and the Fed- eral Emergency Management Agency in responding to insular disasters. It would add clarifying language to the requirement for the President to assess insular disaster situations in co- operation with the Secretary of the Interior. The language would provide that the assessment is to be done through the Director of FEMA. It would also add clarifying language to she requirement for the Secretary of the Interior to report after insular dis- asters. This language would provide that the report is to be made in coop- eration with the Director of MIKA. As the committee report makes clear, the legislation is intended to have Interio. supplement-and not du- plicate-FEMA responsibilities for funding and overs'ght of and report- ing on Insular disasters. This was also the effect and Intent of the original language. But although the clarifying language I have described is not neces- sary, we have Included It to facilitate approval of this bill. A third change was agreed to in order to meet one of the two merit- lions set by the administration for the bill's approval. It would add language to clarify that the additional FEMA hazard mitigation assistance that the legislation would authorise would be provided on a matching basis. It is similar to language contained in last year's bill. Last year's language was deleted from the reported bill at the request of the distinguished chairman of the Public Works and Transportation Committee, Rosser Rog. The concern was that the language would eliminate the matching requirement for the al- ready authorised FEMA hazard miti- gation assistance by applying a match to only the additional assistance au- thorised by this legislation. The fourth change would exclude the Federated States of Micronesia, the Marshall Islands, and Puerto Rico from the Insular Areas Disaster Sur- vival and Recovery Act. This is the change insisted upon by the adminis- tration that I am most reluctant to make. The administration's reasons for ex- cluding Micronesia and the Marshall Islands on one hand and Puerto Rico on the other are different. I want to take moment to explain them. The administration objected to the inclusion of Micronesia and the Mar shall Islands because it contends that they should receive no disaster assist- ance beyond that provided under Com- pact of wive Association legislation. Compact law provides the freely as- sociated states the same disaster as- sistance provided the other insular areas. Had the provisions for special insular disaster assistance proposed by the insular disaster relief legislation been in effect when the compact was negotiated, it is regrettable to presume that compact legislation would have extended such provisions to the freely associated states In the end, though, it was not the in- elision of the freely associated states-which, admittedly, are not U.S. Insular areas but are, instead, merely associated with the United States- that the administration objected to most. It was, Instead, the inclusion of Puerto Pico. The administration's only explana- tion for its unrelenting objection to the inclusion of Puerto Rico has been claim that Puerto Rico could require the use of most of the interior Depart- ment's territories technical assistance funds because it is relatively large in comparison to the other insular areas. This explanation is contradicted by the facts. First, the legislation's proposed re- quirement to provide technical assist- ance to insular governments needing it after Presidentially declared disasters would be an assignment to the Presi- dent. This clear in the language of the bill and the President could pro- vide the assistance through agencies other than the Interior Department. such as FEMA. Second, the committee report on the bill made It clear that the assignment was not intended to require the Interi- or Department to provide Puerto Rico with assistance under Interior's terri- tories technical assistance program or confer any authority-which does not exist at present-for it to do so. &Arno aside that the adrntnistra- tion's excuse foe opposing the incite: sion of Puerto Rico Rico is moodiest, the reality is that Puerto Rico has had great disaster recovery and s inairrhabll- ity problems and ft is teddy- ,ely poor It needs and (*sena the humanitari- an disaster assistance that femme admin- istration is witting to mate the tour other U.S. insular area The reason that the adnur-sistratIon does not want to provide pals assist- ance is political. If the trash Is not that it wants to deny the saa.ssistance because the President lava. rs state- hood for the Commie& and pro- viding special assistance deske_sined for insular areas reinforces ansargumeas against statehood, the motiva.--tion may be even less supportable. The administration, undamozaubtedly. believes that the goal of state Alhood has- Lilies denying Puerto Rico sug;ieclal is- natant* for disaster it S ling to provide the four oils U.S. - insular areas, As much as eight condemn it for this callous math_ though. the reality is that the drannimistratan threatens to deny allot the fiance that this legislation could pacer* to all of the other Maui: sees-. if re do not concede to its dead Ulnae assist- ance to Puerto Rica It position is not right kronor_ ha de layed approval of me of t._-2"ae other important purposes of title I ma- nil U for several months nos. 9i, the adminis- tration confronts a a are _mines; the end of this session with the einsmcision of either trying to finally obtain.. the pro- visions that can beeped =mar obtain- ing none at all this Because we should not turtt---ter delay other provisions, we have had to accept the administntion's LOME to atures regarding Puerto Rico. Our colleague who represents the Comma 'wealth, JAMB. Foramen, has been a statesman on this mal ter. The sponsor of the amendment ttaL.._ at added Puerto Rico, he has fought valiantly to retain It. Atlantan he does not agree willingly, he ha thourillri, had to recognize the necessity of pr-oceeding with the disuse'- provisions for the other U.S. insular are:. Senate differences are the reason for another change to todayisublasmatitute. A provision in the reported bill that also passed the How In Mast year's bill-and has passed the How. use this year in other legislation -so ...LA Id have authorized 1150000 per fear for projects that would reduce insular de- pendence upon Imported ft nets and maximise use of the prodlgiounus Indite- nous, renewable resources of tor he Insu- lar areas. The Senate had pissed a provision similar to the House provission last year: but Senate Mown ar-sat not to include a provision th sgs year's legislation. We have had tc=s accept their dectston to ruble art_ ---sect upon provisions to have a al et--aance of being enacted this year And -we hope the Senate will cantatas g;:=arvision to the other bin we haunt Chem, The final major difference Ws the ad- dition of the St. Crier. =mart and preserve provisions miner tulle M. tip r! Is 2 . - is b - 4 410 - - - H 11234 -- CONGRESSIONAL RECORD- HOUSE November 15, 1991 There are two areas of difference be- tween title III and H.R. 2927. They relate to amendments reported by the Senate Energy and Natural Resources Committee. Let me also describe them. One would reduce the boundaries of the park and preserve to the alterna- tive "C" boundary as contained in the Alternative Study and Environmental Assessment of Salt River which was prepared by the National Park Serv- ice. The other would limit the Secretary to funding no more than 50 percent of the cost of training employees of the Government of the Virgin Islands di- rectly engaged in park operations. These are relatively minor amend- ments in the scope of things and do not excessively detract from the pri- mary purposes of the St. Croix park and preserve provisions. I have, therefore, included them in the substitute in hopes that accepting them can make it possible to have these provisions enacted this year. While I have taken sometime to ex- plain the differences between the re- ported bill and the substitute. I want to emphasize again that the compro- mises have retained the most impor- tant original purposes and urgently needed provisions of the legislation. The substitute, therefore, should not only be considered acceptable; it is a more than fair resolution of the differ- ences on this legislation. In stun, it is a worthwhile bill that I urge my colleagues to approve. Let us send it to the Senate which, 1 hope and believe, will send it to the Presi- dent before Thanksgiving. 2030 Mr. LAGOMARSINO. Mr. Speaker, I yield myself such time as I may con- sume (Mr LAGOMARSINO asked and was given permission to revise and extend his remarks.) Mr. LAGOMARSINO. Mr. Speaker, I rise in support of H.R. 1688. the Om- nibus Insular Areas Act of 1991, which contains a number of provisions of Import to some of our U.S. territories and free associated states. A number of these measures have no associated cost, but require authorizing legisla- tion. The others have been limited in scope to keep expenditures to an abso- lute minimum. I want to commend my good friend from the Virgin Islands, chairman Ron DE Loco of the Subcommittee on Insular and International Affairs, for agreeing to collectively address mat- ters affecting the island areas. There remains many other outstanding mat- ters affecting the U.S. territories, the trust territory of the Pacific Islands, and the free associated states, which hopefully can be addressed in another omnibus bill next year. H.R. 1588 has been modified to address the concerns raised by the administration. Those specific provisions which the adminis- tration found objectionable have been removed. I also want to commend my very good friend, the delegate from Guam, SRN Ba*z for his effective leadership for the people of Guam. While all of the individual provisions of H.R. 1688 have merit, the authori- zation for a land grant endowment for the Northern Marianas College war- rants additional comment. In the early 1980's, the Northern Mariana Islands petitioned the Congress to designate the Northern Marianas College as a land grant institution. At that time, I was not convir ced that the institution warranted the expenditure of Federal funds, particulary due to the apparent lack of governmental support in the Northern Mariana Islands. The college was not accredited, shared space in a wing of an old hospi- tal building, and the local government provided sparse funding. However, with the leadership of college Presi- dent Agnes McPhetres, the Govern- ment dedicated the entire old hospital site to the college when the hospital was relocated to new facilities, funding was provided for renovations, staffing and academic resources were bol- stered, and the college obtained full accreditation. After these dramatic im- provements, I actively supported land grant status for the college, which was in fact extended by Congress in 1986. President McPhetres has continued her efforts to improve the college, in- creasing enrollment, diversifying aca- demic programs, and improving the appearance of the school. The college also has been reaccredited, firmly es- tablishing the longevity of the quality of postsecondary education in the Northern Mariana Islands. Given this impressive development record and the ongoing commitment of the local government and public to the college, it is fully appropriate for Congress to authorize, as per section 205. a land grant endowment. This corpus of funds will provide a stream of funding for the college to help future students to participate in the ouality learning environment provided Jy the tenacious and dedicated efforts to so many in the Northern Marianas, and particularly, President Agnes McPhetres. Title III of this bill would establish the Salt River Bay National Historical Park and ecological preserve at St. Croix, VI. This measure would estab- lish new unit of the National Park System In the one location on U.S. soil where Columbus' men are believed to have landed. This is an important bill and one on which I am proud to be an original cosponsor. When a similar bill passed the House earlier in the year, some Members on this side of the aisle had a number of concerns with the bill. I am pleased that the Senate addressed those con- cerns when the Energy and Natural Resources Committee reported the bill last week. Title III of this measure is identical in every significant way to what the Senate reported. One area of difference from the Senate version is that the Senate version makes it clear that payment to Virgin Islands Gov- ernment employees is subject to ap- propriation. Technically, that lan- guage is unnecessary since all activi- ties authorized in the bill are subject to appropriation. Mr. Speaker, I reserve the balance of my time. Mr. DE LUGO. Mr. Speaker, I yield such time as he may consume to the gentleman from Minnesota, [Mr Vairrol who has been :sey in this legis lation. The gentleman has been a good friend and a tremendous help when- ever we need legislation to help the in- sular areas. The gentleman is the head of the Subcommittee on National Parks and Public Lands of the Com- mittee on Interior and Insular Affairs. Mr. VENTO. I thank the gentleman. First of all. I thank him for his kind comments, and I will work to earn that high praise in the years ahead that I have the privilege to work with the chairman of the subcommittee, RON DE LUGO. Mr. Speaker. I congratulate the gen- tleman on this bill. This has been a difficult task that he has carefully put together. I specifically want to commend the gentleman for that and also, of course. to rise in support of the provisions in the substitute that deal with the Salt River Bay preserve and historic park in St. Croix. VI, a bill that passed the House without objection earlier this month. It is a significant accomplish- ment. This. of course, is also known as the Columbus landing site, the only place under the American flag that we know for certain is a specific area that Co- lumbus visited on his second voyage. Mr. Speaker, there are minor changes in this. There is a slight re- duction of 46 acres which is the view shed area, as it is referred to by those of us that have worked with it, that Secretary Lujan has now signed off on and is willing to accept, or to give up on including such areas. It also pro- vides for cost-sharing provisions with regard to the training of Virgin Island employees. I think that is a fair provi- sion. I hope it proves to accomplish the success that is necessary. I hope with these changes that the Senate will accept this omnibus bill and/or that the version that we send to the Senate and hope that this will be a reality in 1992, the 500th year of Columbus's discovery. I thank the gentleman for his coop- eration. Mr. LAGOMARSINO. Mr. Speaker, I might tell my colleagues my under- standing is that the Senate will accept the bill just as it is being presented here tonight. Mr. Speaker. I want to congratulate the chairman of the subcommittee for the Salt River provision and tell him that we appreciate the efforts of Sec- 0 . , November 25, 1991 CONGRESSIONAL RECORD - HOUS H 11235 retary Lujan in bringing about this im- portant matter. Mr. Speaker, I yield 2 minutes to the gentleman from Pennsylvania (Mr. Sawro use Mr. SANTORUM. I thank the gen- tleman for yielding. Mr. Speaker, I rise in support of this bill because I too an concerned about the insular affairs, the insular areas of our country. I am also concerned about the eco- nomic affairs of our country. A fey minutes ago I was at the well, and asked the Democratic leadership if they would release an econo.nic growth package so that it could be voted on here on the floor of the House before we leave. I got my answer. And I got my answer: this was told to me by a ranking member on Rules that in fact they are going to be considering a bill up there, the Octo- ber surprise. Now, where are the priorities of the Democratic leadership in this institu- tion when we try to dig up 12-year-old unsubstantiated claims without going through committee process, without going through the hearing process, and yet when it comes to important things such as jobs in America, there is no time for that? The Rules Com- mittee is too busy for that. The calendar is too Jammed for you. America, for the public that is out o' work or underemployed. There is not time for you here. We have to wait until the spring or until the summer to take care of you. But we can do political damage to the President before we leave here. We just cannot help you before we leave here. Mr. LAGOMARSINO. Mr. Speaker, I have no further requests for time. and I yield back the balance of my time. Mr. DE LUGO. Mr. Speaker. I yield myself such time as I may consume. At this point. I want to thank the gentleman from California, who is the ranking Republican of the Subcom- mittee on Insular and International Affairs, for the cooperation he has given in developing this legislation. I also want to recognize the roles of the full Committee on Interior and Insular Affairs, our colleagues the gentleman from California (Mr. Miu.sal and the gentleman from Alaska (Mr. Yonne) the help of the chairman of the Sub- committee on National Parks and Public Lands, our colleague from Min- nesota (Mr. Vszerol and the involve- ment of the chairman and ranking Re- publican of the Senate committee of Jurisdiction. Brintarr Joss:arrow and MALCOLM WALLOP. The distinguished chairman of the Public Works and Transportation Committee, our colleague the gentle- man from New Jersey (Mr. Rogl, and its Subcommittee on Aviation chair- man. our colleague, (Mr. OSCRSTAX 1 the gentleman from Minnesota coop- erated on section 203. I also wanted to thank several mem- bers of the staff for their work on this legislation. Insular and International Affairs Subcommittee staff director, Jeffrey L. Farrow, professional staff member Gall A. Mukaihata, and minority con- sultant T.E. Manage Mansur worked on all aspects. Subcommittee professional staff member Virginia A. Sablan had special responsibilities for titles I and II. Sub- committee clerk Daisy M. Minter and full Interior and Insular Affairs Com- mittee professional staff member Lori Sonken contributed to them as well. Insular and International Affairs Subcommittee professional staff member Brian L. Modeste; my admin- istrative assistant Sheila Ross; and Na- tional Parks and Public: Lands Sub- committee professional staff member Alexander Scott and staff director Richard Healy made title III possible. Full Interior and Insular Affairs Committee general counsel Richard Meltzer and staff director Daniel P. Beard were also helpful on this bill. The committee's minority staff di- rector. Daniel Val Kish, and Public Works and Transportation Aviation Subcommittee counsel David A. Heym- feld helped with section 203. Public Works and Transportation Water Re- sources counsel Errol Tyler and minor- ity counsel Gabe Roza helped with section 105. We cannot forget the hard work of assistant legislative counsel Jean Ann Quinn of the Legislative Counsel and analyst James Hearn of the Congres- sional Budget Office. We also appreciate the work of Senate Energy and Natural Resources Committee professional staff member. Allen Stayman, and minority senior counsel James P. Bierne. Last, but not least, I want to ac- knowledge the cooperation of the Office of Management and Budget's Associate Director for Natural Re- sources, Energy, and Science, Robert E. Grady and other OMB staff includ- ing Ron Cogswell, and other OMB staff including Ron Cogswell. Jim Jordon, Kathy Peroff, Susan Tanaka, Barbara Casey, and Jim Jukes. Finally. I again want to urge my col- leagues to approve this bipartisan compromise package of insular meas- ures so that they can become law this year. Mr. DE LUGO. Mr. Speaker. I have no additional requests for time, and I yield back the balance of my time. The SPEAKER pro tempore (Mr. HALL of Texas). The question is on the motion offered by the gentleman from the Virgin Islands (Mr. isg Loco] that the House suspend the rules and pass the bill, H.R. 1688, as amended. The question was taken; and (two- thirds having voted in favor thereof), the rules were suspended and the bill, as amended, was passed. A motion to reconsider was laid on the table. LD FAITHFUL PROTECTION ACT OF 1991 M WILLIAMS. Mr. Speaker, I move to suspend the rules and pass the b (H.R. 3359) to amend the Geo- the Steam Act of 1970 (30 U.S.C. 1001-1 27) and for other purposes, as amend The Clerk read as follows: H.R. 3359 Be st led by the Senate and House of Representa trey of the United States of America in *press assembled. stenos!. KT TITLE. This Act y be cited as the "Old Faith- ful Protectio Act of 1991''. SEC. 5. AMEN Vera TO GEOTH E It M Al. STEAM A The Geothe al Steam Act of 1970 (30 U.S.C. 1001 following) is amended by adding the foil frig new sections: "Sac. 30. Th Congress hereby declares that any use of, r production from, any ex- isting geothe well, or any exploration for, or developm t of, any new geothermal well or any twilit related to the use of sub- surface geothe resources within the Corwin Springs own Geothermal Re- source Area (as d grated In the July 22. 1975. Federal Re er (Fed. Reg. Vol. 40. No. 141)) will resul in adverse effects on significant thermal atures in Yellowstone National Park. Not thstanding any other provision of law to t e contrary, the Secre- tary shall prohibit an use of. or production from, any existing g thermal well or any exploration for, or de lopment of. any new geothermal well or y facility related to the use of subsurface eothermal resources within the Corwin Sp gs Known Geother- mal Resource Area. lading lands and waters and interests or rights in such lands and wate-s not owned b the United States. For the purposes of th section. the term 'geothermal well means well for geother- mal steam and associated geothermal re- sources. "Sac. 31. The Secretuy snail not issue any lease under this Act for lands within 15- mile radius of the boundary of Yellowstone National Park. Nothing in t section shall be construed to affect the n or prohibi- tion references: under section f) and sec- tion 30.". SEC. a MORATORIUM AND STUDY. (a) Any use of, or production from, any existing geothermal well, or any gxploration for, or developmen. of, any new geothermal well or any facility related to the Use of sub- surface geothermal resources is prohibited on lands and waters and Interest or rights In such lands and waters not owned by the United States, within 15-mile radius of the boundary of Yellowstone Nat al Park. except with respect to the Island ark Geo- thermal Area (as designated by e map in the 'Final Environmental Impact tatement of the Island Park Geothermal A ' (Janu- ary 15. IOW, p. XI)). to which s prohibi- tion shall apply to lands and wat and in- terests or rights in such lands aid waters not owned by the United States thin the full extent of such Area, until ISO ys after the receipt by Congress of the udy re- ferred to in subsection (b). Noth in this section shall be construed ta, affect he ban or prohibitions referenced under ion 28(f ). section 30 and section 31 of th Geo- thermal Steam Act of 1970. (b) The National Park Service, In consul tation with tne Forest Service and the United States Geological Survey, shall con- -. / SI P . . 4 -c ci , . r- CONTAGRESSIONAL RECORD - HOUSE November 25,4Y91 duct a study on the Impact of potlentiwal thermal development 02 the thermion& fea- tures of Yellowstone National Park_ Such study shall not include the area refers -rid to under section 30 of the Geothermal ..°11. Steam Act of 1970, and shall not include fais`ederal lands within the areas referred to in swan. Mkt) and section 31 of such Act. The study snail be submitted to Congress no Mawr than four years after the date of enactnumwerit of this Act. The SPEAKER pro tempore. Fe."=ursu- ant to the rule, the gentleman from Montane [Mr. Wariest:0 will benese rec °mined for 20 minutes, and the gcseentle- woman from Nevada (Mrs. V0.1-cAxo- nail will be recognized for 20 min- utes. The Chair recognizes the gent nee eman from Montana (Mr. Wuxi/tags]. 0 2040 Mr. WILLIAMS. Mr. Speaker, I yield myself 5 minutes. My colleagues. Yellowstone Nat _Shut Park is America's first national park. Many believe it to be the world'saes pre- mium national park. It is in trt=seoubie today. Yellowstone's majesty is it in Its mountains and meadows; its urt_araerte- ness is in its hot springs and geysers, such as Old Faithful. That unique mesa is being jeopardized by continuous's ef- forts during the past several yeaaa_rs by companies and organizations whoa° are requesting permits to drill into ea the geothermal system which unciteseerlies Yellowstone and its environs. Mr. Speaker, the legislation befote us this evening, H.R. = 3351, called the Old Faithful Protection so Act, accomplishes several things, and IX I will take a couple of minutes to explaxain to my coheagues in the House, but -IL pri- marily it accomplishes the follow Iry tog Mr. Speaker, it provides for Ye 1. Tiles- stone Park and its wonderful the_ anal features ironclad, copper-riveted, ea rock- ribbed, no-risk protection. It dosses It, my colleagues, in the following wa..-_ays: First, it prohibits any use of or - pro duction from any existing geothesemrmal well or any exploration for, or devw.-eloe ment of, any new geothermal we -11 on lands not owned by the United Stile tales within what is known as the Co onto Springs Geothermal Resource Armrest Second, it imposes a permanent a more atorlurn on geothermal leasing on Fed- eral lands within a 15-mile Radium-as of the boundary of Yellowstone Kana. tonal Park. Third. it prohibits any use of or -pro- duction from any existing geothese-rmal well or any exploration of or demo", clop- ment of any new geothermal well II on lands owned by the United St/ fates within a 15-mile radius of the bou_aande ry of Yellowstone. Thus. Mr. °maker, there is pro role. bition on 'Jamie, both private. testate and Federal. The ban on lands - not owned by the United States is ter-_eimpo. racy, and that temporary moratorwrIum is for 4 years, during which this ballets. !stein requires a study by the Natballoal Park Service in consultation with a the Forest Service and the United St-astates Geological Survey, a study condo r:Med to determine the Unmet of any gee thermal development on the thermal teatime of Yellowstone Part. That study will be submitted to the Con- signs no later than 4 years after the elate of enactment o! this act. With those provisions. Mr. SPeaker, we believe that the unique and enor- mously important thermal features t hat underlie Yellowstone National Part will not be harmed, will not be teamed because we prohibit the drill- ing of any new wells or the develop- anent of any existing wells on all lands surrounding the park, and on those Lands which are not owned by the United States we place a moratorium until this study is completed. Mr. Speaker. I reserve the balance of away time. Mrs. VUCANOVICH. Mr. Speaker. I wield myself such time as I am con- stole. (Mrs. VUCANOVICH asked and was iven permission to revise and extend her remarks.) Mrs. VUCANOVICH. I rise today with serious concerns about the bill before us, but let me begin by reiterat- ing the view of everyone from the ml- moray who spoke on H.R. 3359 at the full Interior Committee markup. We all expressed a sincere desire to insure Yellowstone National Park's thermal features be protected from legitimate t karats. No one on our committee, and It daresay in this body, would ever t Fink, say, or vote otherwise, that's abundantly clear. So when we clear a sway the partisan rhetoric about who is more faithful to Old Faithful what retains? Mr. Speaker, I am afraid we are left ith a bill that likely would effect a taking of private property rights. Now, You have heard much speechmaking regarding the "takings" issue already, and likely will hear more denials of t fah assessment. But, Mr. Speaker, even If the provisions in this bill were ultimately deemed by the judicial branch to not rise to the threshold of a legislative taking, I still could not support this bill as emended. Why' Because, enactment of H.R. 3351 would greatly diminish the value of the Royal Teton Ranch without tine any compensation. Mr. Speaker, at the subcommittee hearing not one witness attempted to dispute time valuation of the ranch's water right at between $1 and ill million. We must, °weer, smote that this value range Is accurate. relieve strongly that Congress ought not to diminish anyone's private p operty value by this magnitude, unless we go ahead and acknowledge the necessity for the action and pay them for It. Obviously. Mr. Speaker, many of my colleagues agree with this sentiment. Protection of private property from seizure without compensation fueled time effort In the conference on the highway bill to agree to language re- Carding executive branch assessments of potential takings. Mr. /Speaker. the ebectorate is fed up with the rapacious appetite of the Congress to pass laws with little regard to their economic impact. I believe, as does the adminis- tration, that H.R. 3359 is yet another example. As I said before, we agree the protec- tion of the thermal features of Yellow- stone National Park is important. That is why In 1908 the Congress di- rected the U.S. Geological Survey to study potential impacts upon the park from pumping a well on the Royal Teton Ranch. Mr. Speaker, the USGS has reported back and the verdict is: Fluid production from the existing geo thermal well at rates up to about 25 liters per second poses no discernible risk of decreased discharge of the Park's thermal springs. Mr. Speaker, the majority from the committee wishes to paint this report as unbalanced because the views of the National Park Service were not specifically included. We disagree and believe the scientifically reached con- clusions are valid. I do not intend to seek a recorded vote on H.R. 3359, so I won't go into detail why we believe the majority failed to make the case against the science contained in the USGS report. However. I will say that if the sci- ence stands up to scrutiny-and we be- lieve that it does-then the majority's takings assessment is insupportable. The test, as outlined in the committee report, is no taking exists if an action would substantially advance a legiti- mate State interest. Ne believe that a proposed pumping rate that would have no discernible impact upon the park's thermal features simply cannot substantially advance protection of Yellowstone Park. Therefore, the pumping ban In H.R. 3359 fails to meet the recognized criteria, and the loss of value of the Royal Teton Ranch is r taking of the owners' prop- erty. The administration shares this view. Furthermore, Mr. Speaker, we are concerned about the committee's re- fusal to listen to the professional advice of the agency with the clear ex- pertise to perform this assessment. This bill would require the Park Serv- ice to perform a similar assessment of impacts from potential private geo- thermal development within 15 miles of Yellowstone's borders. The majority is shopping for the recommendation they want to hear-disallow private ac- tivity within a buffer zone around the park because of potential threats, real or imagined. Mr. Speaker, I end on an observation made by a witness at our hearing. The true crown jewels of this Nation are not our parks, but rather the protec- tion of individual freedoms embodied in the Bill of Rights. With respect to the pumping ban In this legislation, we believe both Yellowstone National Park and private property rights can be protected by incorporating the sci- entific conclusions of the U.S. Geologi- cal Survey. If Congress insists upon disallowing any pumping, we believe 11 11236 _ = whl-ttich Is I die O r o 9346 be CONGRESSIONAL be removed from suspension or defeated, under suspension The Suspension Calendar is valuable par - Momentary tool which allows for the speedy conesderabon of noncontroversial bin. N should not be used to push through compass( teqnsistion which could dame. whether the Govumment is repaid billions of imams owed t I ask my cobs*. for thew support in de- testing H R 3296 The SPEAKER pro tempore (Mr. LEMMA of California). The question is on the motion offered by the gentle- man from Texas (Mr. as LA GARZA) that the House suspend the rules and passed the bili. H.R. 3298, as amended. The question was taken. Mr. KOLBE. Mr. Speaker, on that I demand the yeas and nays. The yeas and nays were ordered. The SPEAKER pro terapore. Pursu- ant to the provisions of clause 5 of rule I and the Chair's prior announce- ment, further proceedings on this motion will be postponed. MESSAGE PROM THE PRESIDENT A message to writing from the Presi dent of the United States was commu- nicated to the House by Mr. ideCath- ran, one of his secretaries. MALT RIVER BAY NATIONAL HIS TORICAL PARK AND ECOLOGI- CAL PRESERVE AT ST. CROIX. VIRGIN ISLANDS. ACT OF 1991 Mr. VENTO. Mr. Speaker, I move that the House suspend the rules and pass the bill (H.R. 2921) to provide for the establishment of the St. Croix, VI. Historical Park and Ecological Pre- serve, and for other purposes, as amended. The Clerk read as follows: H.R. 2921 Be it enacted by the Senate and House of !Representatives of the United States or America is Congress Net !mirrors t. SlillT Till V. This Act may be cited as the -Salt River Bay National Historical Park and Ecological Preserve at St. Croix. Virgin Islands, Act of leer. six s. mooing. The Congress finds that the Salt River Bay are, of the north central coast of St Croix, United States Virgin Islands- (1) has been inhabited. possibly as far back as 2000 BC, and encompasses all major cultural periods in the United States Virgin Islands: (2) contains the only cerebral! ball court ever discovered in the Lesser Antilles, middens, and burial grounds which can provide evidence tot the interpretation of Caribbean life prior to Columbus: (3) is the only known site where members of the Columbus expeditions set foot on what is now United States territory: (4) was a focal point of various European attempts to colon se the area during the post-Columbian period and contains sites of Spanish. French, Dutch. English. and Danish settlements. Including Fort Sale, one of the few remaining earthwork fortifica tens In the Western Hemisphere RECORD - OUSE November 5, 1991 (5) presents an outstanding *Waal, preserve and interpret Cardamon history and culture. including the impact of Zoregs . an exploration and settlement: (4) has been a national natural landmark since February 1980 and has been nomina' ed for acquisition as a nationally significant wildlife habitat; (7) contains the target remaining man- grove forest in the United States Virgin Is- lands and variety of tropical marine and terrestrial ecosystems which should be pre- served and kept unimpaired for the benefit of present and future generations; and (8) is worthy of a comprehensive preserva- tion effort that should be carried out in partnership between the Federal Govern- ment and the Government of the United States Virgin Wanda. sat. a SALT Will SAT NATIONAL HISTIKUI AL PANS AND SCINAIGK'AL pliKSER% AT NT MOIL VIRGIN ISLANDS. ( a ) bin I order to preserve. protect, and interpret for the benefit of present and future generations certain na- tionally significant historical, cultural, and natural sites and resources in the Virgin Is- lands, there is established the Salt River Bay National Historical Park and Ecological Preserve at St Croix, Virgin Islands (here- after In this Act referred to as the "park"). (b) ASIA 'mitres:is-The part shall consist of approximately 1.044 acres of land, waters, and interests therein within the area gener- ally depicted on the map entitled "St Croix. Virgin islands Historical Park and Ecologi- cal Preserve", numbered NA HCHP-110.001. and dated July 1991. The map shall be on file and available for public inspection in the offices of the National Park Service, De- partment of the Interior, and the Offices of the Lieutenant Governor on St. Thomas and St. Croix. Virgin Islands. sat:. 4. acquilirrit* 011, LAND. (a) Gensam. Aurmosirry.- The Secretary of the Interior (hereafter in this Act re- ferred to as the "Secretary") may acquire land and Interests In land within the noun aries of the park only by donation, purchase with donated or appropriated funds, or ex change Nothing In this section shall be con- strued to prohibit the Government of the Virgin islands from acquiring land or inter- est in land within the boundaries of the park. (b) LIMITATIONS ON AUTHORITY.- Lands. and interests in lands, within the bound arses of th park which are owned by the Virgin Islands, or any political subdivision thereof. may be acquired only by donation or exchange. No lands, or interests therein, containing dwellings lying within the park boundary as of July 1, 1991. may be ac- quired without the consent of the owner, unless the Secretary determines, after con sultation with the Government of the Virgin Islands. that the land is being level sped or proposed to be developed In a manner which Is detrimental to the natural, scenic. historic. and other values for which the park was established. sac S. ADMINISTRATION / Iw Oases. -The ,part shall be admin- istered in accordance with this Act and with the provisions of law generally applicable to units of the national part system. Including. but not limited to. the Act -.mined "An Act to establish a National Par.. Service, and for other purposes", approved August 25. 1916 (39 Stat. 535: 16 U S.C. 1 4) and the Act of August 21. 1935 (49 Stat. Gel; 16 U.S.C. 441- 467). In the case of any conflict between the provisions of this Act and such generally ap- plicable provisions of law,- the provisions of this Act shall govern. lb, Communes Abramson WITH UNITED STATES VIRGIN ISLANDS.- -The Secretary. after consulting with the Salt River Say Na- Owed Illistorield Park and Ecological Pre- serve at St. Croix. Virgin Islands, Commis- sion (hereafter in this Act referred to as the "Commission-) established by section 4, is A.,thoriaed to enter Into cooperative agree- menu with the United States Virgin Is- lands, or any political subdivision thereof, for the management of the park and for other purposes. Act GSSMIIAL MANAGEMENT PLAN Not later than 3 years after the date of enact- ment of this Act, the Secretary. In consults Lion with the Commission, and with public involvement, shall develop and submit to the Cornauttee on Interior and Insular Af- fairs of the House of Representatives and the Committee on Energy and Natural Re- sources of the Senate a general manage ment plan for the park. The general man- agement plan shall describe the appropriate Protection. management, uses. and develop- ment of the park consistent with Use pur- poses of this Act. (2) The general management plan shall in elude, but not be limited to, the following (A) Plans for implementation of a con tinuing program of interprets,. and viol- tor education about the resources and values of the park. (B) Proposals for visitor use facilities to be developed for the park. (C) Plans for management of the natural and cultural resources of the park, with par- ticular emphasis on the preservation of both the cultural and natural resources and long term scientific study of terrestrial. marine. and archeological resources. giving high priority to the enforcement of the pro- visions of the Archeological Resources Pro- tection Act of 1979 (18 U.S.C. 470aa et seq.) and the National Historic Preservation Act (16 U.S.( 170 et seq.) within the park. The natural and cultural resources management plans shall be prepared in consultation with the Virgin Islands Division of Archeology and Historic Preservation. (D) Proposals for assessing the potential operation and supply of park concessions by qualified Virgin Islands oned businesses. (E) Plans for the training of personnel in accordance with subsection (e). (d) hermits Patrracriow -Prior to the adoption of the park's general management plan, the Secretary. the Governor, and the Commission shall monitor all land and water use activities within the area to ensure that such activities are in keeping with the purposes of this Act and shall advise and cooperate with the appropriate Federal. territorial. and local governmental entities to minimize adverse impacts on the values for which the park is established. (e) AssurrAncit TO PROMOTE A VIRGIN IS- LANDS TEA !TONI AL PARK SYSTEM -During the 10 year period beginning on the date of enactment of this Act. the Secretary shr.l provide the funds for the employees of .he Government of the Virgin Islands dir.ctly engaged in the joint management of the park and shall implement. In consultation with the Government of the Virgin Islands. program under which Virgin Islands cal arise may be trained In all phases of park op- 'rations and management. A primary objec- tive of such program shall be to train em- ployees in the skills necessary for operating and managing Virgin Wand. Territorial Park System sac. a SALT RIVER SAT .NATIONAL Mishilthal. PASS AND ileoUlus A t. PIUMISIVa AT ST. COWL VIOLIN ISLANDS. toss- 1llS1OP4. (A) DrrABLiaiimalrr -There is established commission to be known as the Salt River 'Say National Historical Park and Ecological o f 1 (H , vil- laze to November 5, 1991 41K CAPRESSIONAL RECORD - HOUSE H 9345 of business or default that they could walk away from their obligation. Nothing could be further from the truth, because it says, "Any bank leav- ing the Farm Credit System pursuant to section 7.10 of this act shall be re- quired under regulations of the Farm Credit Administration to pay to the Financial Assistance Corporation the estimated present value of such future payment had the bank remained in- sistent." The reason why we are doing regula- tory accounting is because we are afraid some of these banks may indeed not only leave the system but go into receivership, or go where one goes. goes to the window Vs borrow more money, in some of these cases. And that is the reason we are trying to pro- vide this option to them. So again, it is a technical matter. Some of us are getting into it at a late date, but I was trying to keep the record somewhat clear. I would also want to point out that, without bat- ting an eye, we give hundreds of bil- lions of dollars to the savings and lean so-called bailout around her-, some of which was brought on by fraud and criminal activity. There is no obligation whatsoever that any of the borrowing of the 2.61. not 1.3 or more than 1.3, it is $1.28 bil- lion has been borrowed so far as a result of any wrongdoing. We simply have a system which is based upon one industry or one commercial venture, and that is American farming. Every- body here knows that American farm- ing has gone through significant prob- lems, and the borrowing and debt that occurred with that and associated with that, some of it has gone sour. That is what these burr swings are all about. So again, I want my colleagues to know there is nobody to be enriched unjustly by thi..4 bill. There has been no wrongdoing. There is in fact no bailout. We settled this back in 1987, with this very appropriate procedure which we have in place under current law. This just beefs it up. The Treasury likes this. I under- stand OMB likes it, too, but I am not saying that yet until I see it in writing. So let us kind of give it a chance to work. That is why I rise in support of this bill today. Mr. Speaker, I yield bark the bal- ance of my time. Mr. or LA GARZA. Mr. Speaker. I yield 1 minute to the gentleman from Alabama (Mr. Mums]. Mr. HARP Mr. Speaker, I thank the gentlema for yielding time to me. This is something that is very hard for me to do, to oppose my chairman, who I served with for 4 years. I have the utmost respect for Chairman or LA GARZA and the gentleman from Mis- souri (Mr. COLEMAN) and the gentle- man from Oklahoma (Mr. ENGLISH). I have no problem with this bill except for one part, and that is the part dealing with the FICB in Jack- son. We have a lot of farmer borrow- ers in my district that are very con- wined about this. They are very con- cerned about a forced merger. They would like a vote on it, and I think that I am going to have to certainly agree with them that they are entitled to a vote. I would ask the Members to look very carefully at this and to vote against the bill on suspension. Mr. or LA GARZA. Mr. Speaker. I yield myself such time as I may con- sume Mr. Speaker, I thank the gentleman for his comments and just briefly in closing say that the $1.26 is under GAP accounting procedure. On the concerns of the gentleman from Mis- sissippi, this was done in 1987. They are treated no differently than every- one else was treated in 1987. Further. lest there be a misconception, the con- cerns regarding two banks, there are stockholders in Mississippi, in Ala- bama, and in Louisiana that favor this legislation and that are supporting this legislation. Mr. Speaker. I yield back :.tie bal- ance of my time. Mr. TAYLOR of Mississippi. Mr Speaker, I rise to support the postron of my fellow Mis- sissippians, MIKE ESPY, MIKE PARKER, JAMIE Warren, and SONNY MONTGOMERY. For many months now, all of us have been strug- gling to find a fair solution to a very complicat- ed problem how to best ensure that farmer borrowers in our area are well served by their local farm credit lending institutions Mr. Speaker, like my colleagues. I have sen- ous concerns with the solution propose] in section 401 of this bill. It appears the result would be to force a merger of the financially strong Federal Intermediate Credit Bank of Jackson without giving its stockholders a real voice in that decision Indeed, the stockhold- ers vote called for under the fell is for all prac- tical purposes meaningless, since the regula- tor could still dictate a merger regardless of what the farmers say they want and it is the farmers-owners whose consideraole assets are at stake Mr GRADISON Mr. Speaker, I rise in oppo- sition to the passage of H.R 3296. The Omni- bus Budget Reconciliation Act of 1990 con- tained an important provision relating to Gov- ernment-sponsored enterprises IGSE s) In effect, Congress committed itself to ensuring that these hoge quasi governmental entities, with their enormous contingent taxpayer liabil- ities, be operated in a sale and sound manner Making important progress toward this goal, the House recently passed legisla- tion for Fannie Mae and Freddie Mac At the same time, the Banking Committee has sub- stantially improved the legislation affecting Farmer Mac. Not so with respect to the Farm Credit System. The House Agriculture Committee, which has sole legislative jurisdiction over the FCS, has reported a bill, H.R. 3296 (The Farm Credit Banks and Association Safety and Soundness Act of 1991), which fails to ac- complish the minimum reforms needed to ensure that the Farm Credit System repay the Treasury S3 1 billion in principal and interest I would like to offer an amendment when H R 3298 reaches the floor In order to do this. however, the bit must first be defeated under suspension 1 he Farm Credit System (FCS) is a govern- ment- sponsored enterprise which includes 12 regional banks (Banks) These Bank; in turn supervise rural lending associations. The obli- gations of the FCS are implicitly backed by the Government. The Treasury, GAO, and CB0 have all concluded that the FCS is the weakest of all GSE s Without the implicit Government guarantee the FCS would prob- ably not qualify for an investment grade rating on its bonds The Federal Government has already had to bail out the FCS once In 1987, Congress passed legislation authorizing the Federal Government to guarantee up to S4 billion in loans to help failing FCS institutions Roughly S1.3 billion in guarantees have already been made Under the terms of the bailout legisla- tion, the FCS will repay the bonds when they become due It must also pay all of the inter- est These payments are estimated to total over S3 1 billion The current law governing the FCS contains two major deficiencies First, there is no re- quirement that the FCS establish a sinking fund to repay the Government. Yet, unless the FCS begins to set aside funds now, it is un- likely to be able to repay the bonds when they become due Second, current law weakens the accounting standards which apply to the FCS Specifically the FCS may not recognize its repayment obligation as a liability on its books Past experience has shown us that hokey accounting standards do not help weak financial institutions and only serve to put tax payers at increased risk So-called regulatory accounting practices do not strengthen weak financial institutions, they only hide thew weak- ened condition Mr Speaker, H R. 3298 fails to correct either of these problems. Although the bill would require banks to set up a sinking fund. repayments would not be required if they should cause a bank to fall below its capital requirements or if the repayments exceeded the bank's profits By maintaining low capital levels and passing all profits through to its owners, a bank could thus avoid making any payments to the sinking fund. The !wood major deficiency of H.R. 3298 is that it continues to forbid the FCS's regula- tor from considering the repayment obligation as a liability Worse, it allows banks to count some sinking fund payments as capital, in sr of the fact that tha funds must be used the Government and thus they are . it available to cover future losses of , It is true that banks must write off lei_ capital over the final 5 years However. unless the banks can find new funds t., re- place this capital, they will fall below their min- imum capital standard Thus the bill makes it likely that the Government will be faced with the choice of placing banks in receivership or Sewing some of the debt, that is, a bailout. Mr Speaker, my amendment to H.R. 3298 would cure these problems Its p repose is simple It merely forces the Farm Credit System to use the same GAAP standards that any other business uses My amendment even includes a provision that prohibits the FCS s regulator from taking action against a bank if it falls below its capital standard as a result of the proper recognition of this debt In order for the House to consider n!1 amendment, therefore, H R 3298 must either .71 . . , es tenet the November 5, 1991 GRESSIONAL RECORD - HMO Preserve at Croix. Virgin Islands, Com- mission. (b) Dunes. -The Commission shall - (1) make recommendations on how all lands and waters within the boundaries of the park can be jointly managed by the gov eminent, of the Virgin Islands and the United States In accordance with this Act. (2) consult with the Secretary on the de- velopment of the general management plan required by section 5. and 0) provide advice and recommendations to the Government of the Virgin Islands, upon request of the Government of the Virgin Islands. C 1113ESERSHI P . -The Commission shall be composed of 10 members, as follows (1) The Governor of the Virgin Islands, or the designee of the Governor. (2) The Secretary, or the designee of the Secretary. (3) Pour members appointed by the Secre- tary. (4) Four members appointed by the Secre- tary from list provided by the Governor of the Virgin Wands, at least one of whom shall be member of the Legislature of the Virgin Islands. Initial appointments made under this sub- section shall be made within 120 days after the date of enactment of this Act except that the appointments made under para- graph (4) shall be made within 1:0 days after the oate on which the Secretary re- ceives such list. (d) Tsars. -The members appointed under paragraphs (3) and (4. shall be ap- pointed .or terms of 4 years. A member of the Commission appointed for a definite term may serve after the expiration of the member's term until a successor is appoint- ed. A vacancy in the Commission shall be filled in the same manner in which the original appointment was made and shall be filled within 80 days after the expiration of the term. (e) CHAIR. -The Chair of the Commission shall alternate annually between the Secre- tary and the Governor of the Virgin Islands. All other officers of the Commission shall be elected by majority cf the members of the Commission to serve for terms estab- lished by the Commission. ( f I Megrims. -The Commission shall meet on a regular basis or at the call of the Chair. Notice of meetings and agenda shall be publ.shed in the Federal Register and local newspapers having distribution that generally covers the United States Virgin Is- lands. Commission meetings shall be held at locations and in such a manner as to ensure & demote public Involvement. Exegeses.- Members of the Commis- sion shall serve without compensation as such, but the Secretary may pay each member of the Commission travel expenses, including per diem in lieu of subsistence, in accordance with section 5703 of title 5, United States Code. Members of the Com- mission who are full-time officers or em- ployees of the United States or the Virgin Islands Government may not receive addi- tional pay. allowances. or benefits by reason of their services an the Commission. The Secretary shall provide the Commission with a budget for travel expenses and staff, and guidelines by which expenditures shall be accounted for (g) EXPENL.E. -Members of the Commis- sion shall serve without compensation as such, but the Secretary may pay each member of the Commission travel expenses, including per diem in lieu of subsistence, in accordance with section 5703 of title 5, United States Code. Members of the Cede- mission who are full-time officers or em- ployees of the United States or the Virgin Islands Government may not receive addi- tional pay. allowances, or benefits by reason of their sera.'* on the Commission. The Secretary shall nrovide the "ommission with a budget for travel expenses and staff, and guidelines by which expenditures shall be accounted for. (h) Posers ADVISORY corsair= Acr.- Except with respect to the provisions of sec- tion 14m) of the Federal Advisory Commit- tee Act, and except as otherwise provided in this Act, the provisions of the Federal Advi- sory Committee Act (5 U.S.C. App.) shall apply to the Commission. (I) Tear inarion.-The Commission shall terminate 10 years after the date of enact- ment of this Act unless the Secretary deter- mines that it is necessary to continue con- sulting with the Commission in carrying out the purposes of this Act. sac 7. AUTHORIZATION Or APPROPRIATION& There is authorised to be appropriated such sums as may be necessary to carry out this Act. The SPEAKER pro tempore. Pursu- ant to the rule, the gentleman from Minnesota (Mr. Vane) will be recog- nized for 20 minutes, and the gentle- man from California (Mr. LACONIA It- 111/10) will be recognized for 20 min- utes. The Chair recognizes the gentleman from Minnesota (Mr. Viorro). GENERAL tram Mr. VENTO. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks on H.R. 2927. The SPEAKER pro tempore. Is there objection to the request of the gentleman from Minnesota? There was no abjection. 0 1430 Mr. VENTO. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, H.R. 2927 was intro- duced by Representative Ron Da Loco and as amended would establish the Salt River Bay National Historical Park and Ecological Preserve ct St. Croix, VI. Congressman az Loco has done a masterful job in working with the Department of Interior and repre- senting the Virgin Islands interests. It has been good to work with him on this significant new policy. H.R. 2927 would provide for a new National Park System unit consisting of approximately 1,000 acres located at Salt River Bay on the Island of St. Croix. This area has long been recog- nized for its unique combination of cultural and natural features. These features include archeological remains indicating over 2,000 years of continu- ous human occupation and natural features Including the largest remain- ing mangrove forest in the U.S. Virgin Islands. large tropical reef system, and a submarine canyon. Salt River Bay is also the only known site where Christopher Colum- bus landed on what was to become U.S territory. In 1493. on his second of four voyages to the New World, Co- lumbus anchored his 17 ships outside the reef and sent his soldiers to haves- H 9317 tigate an Indian village on the western side of the bay. 'The establishment of a National Park System unit at Slat River Bay is a high priority of the Secretary of the Interior. Secretary Lujan visited the site personally and worked with Mr. DE Loco on drafting the bill. The Secre- tary testified in strong support of the bill at the subcommittee hearing on this matter in late September. as did the Governor of the U.S. Virgin Is- lands, the President of the Virgin Is- lands Senate. and representatives from several national and local environmen- tal and cultural resource preservation organizations. H.R. 2927 is intended to create a partnership between the National Government and the Government of the Virgin Islands in the management of the park. This measure was careful- ly drafted to address the unique needs of these entities and the amendment in the nature of a substitute adopted by the Interior Committee that is before the House today strengthens this partnership approach. Coopera- tion between the Virgin Islands Gov- ernment and the National Park Serv- ice in the management of this unit will be essential, because it is a relatively small area and over half of the acre- age of the park is owned by the Virgin Islands Government. I believe the safeguards built into the bill and coop- erative spirit which has been the hall- mark of the project so far will ensure that management issues will be ad- dressed in a cooperative fashion and that the park will be managed accord- ing to our..' ids of other units of the Nation. I eris System. As I mentioned, the Interior Com- mit t several changes to the bill irt.od cede These changes in- cluded clarifying that the area is to be unit of the National Park System and administered according to laws generally applicable to units of the National Park System, improving the bill's ability to address adverse impacts from development within park bound- aries at d providing a directive on the interim protection for the park's frag- ile natural, cultural, and archeological resources for the period before the general management plan is in place. Mr. Speaker, this legislation is a sh- nificant natural and cultural resource protection initiative which has strong bipartisan support. It is also one of the most appropriate ways our Nation can comn.rmorate the 500th anniversary of the voyages of Christopher Colum- bus. Not only will this park preserve a nationally significant natural and his- Varies) site, it will provide an excellent opportunity to interpret the diverse native cultures which existed prior to the arrival of Columbus and the impact that Columbus and other Euro- pean explorers had on Caribbean cul- ture and history. The bill has the strong support of the Secretary of the Interior as well as the Governor and the Delegate from the Virgin Islands. p t 0 V- (g) . .7.s fin H 9348 fltNGRESSIONAL RECORD - HOUIP November .5, 1991 It is supported by a large majority of the members of the Interior Commit- tee on a bipartisan basis. I urge Mem- bers to support this measure. Mr. LAGOMARSINO Mr. Speaker. I 'Yield myself such time as I may con- sume. (Mr. LAOOMARSINO asked and was given permission to revise and extend his remarks.) Mr. LAOOMARSINO. Mr. Speaker, I rise In support of H. R. 2927, bill to authorize establishment of Salt River Bay National Historical Park at St. Croix, VI. As an original cosponsor. I support the concept of establishing Federal park unit at the only known site on American soil where Columbus' men are believed to have landed. I also support the concept of requiring the National Park Service to provide train- ing and technical assistance to the Virgin Islands Goternment for the purpose of del elopment of their own territorial park system. Certainly, the leadership of Mr. Di LUGO in the development of this bill deserves strong recognition by all Members of this body. He has been working on this proposal for a number of years, with both the Virgin Islands Government, the National Park Serv- ice, and. importantly, the Secretary of the Interior. Without his efforts, not only would we not be here today pass- ing this bill on the eve of the historic celebration of Columbus' landing, but we may well have suffered irreversible damage of resource values at the site of this historic event. However. I could not say that there is total agreement on this side of the aisle with respect to this bill. A majori- ty of Republican Interior Committee members have signed dissenting views on this measure. While, as I say I sup- port this bill. I share the concerns ranted ;n those views. The three pri- mary areas of concern v ith respect to this measure are: the extent of park lands within the overall park bounda- ry, requiring the Federal Government to fund all costs associated with acqui- sition, development, and operation of the park, and questions about park management framework. I must say, however, that our former colleague, the Secretary of the Interior, Manuel Lujan, supports the bill as written. The issue which drew the most con- cern from Members on this side of the aisle is the proposal to include all lands within the viewshed of the land- ing site within the park boundary. This resulted in a park size much larger than the minimum area studied by the National Park Service. While I would agree that protecting the historic scene is an important aspect of ensuring a quality visitor ex- perience at all national historical parks. I do not agree that necessarily means eliminating every visible modern intrusion. If we embark on this course of action here. there is no reason not to do so at Lexington and Concord. Gettysburg, the Franklin Roosevelt home. or tide hundreds of other historic and prehistoric sites currently In the park system. This boundary establishment approach is an unnecessary. purist approach which this country cannot at ford. With respect to the management provisions of this bill, we believe that the committee should hate gone fur- ther to clarify the respective rules of the United States and Virgin Islands Governments. While the report au- thored by the chairman is an excellent one. on which I commend him. I'm not convinced that Congress has done all it can in the actual bill language to ensure protection of critical park values. I support this bill before us today. but I hope that the Senate will ad- dress these important concerns prior to final action on this measure Mr. VENTO Mr. Speaker. I yield myself such time as I may consume. Mr. Speaker. as I gave my owning statement I recognized the significant. important work that the gentleman from the Virgin Islands (Mr. Di Loco) had done on this measure for the last several years. I had the pleasure of vis- iting this site several years ago. The gentleman from the Virgin Islands (Mr. DE Loco% and the Governor greet- ed me and guided me to these sites and to other important Park Service sites that we have in this part of the world. It was a good trip, one that I will long remember. We came away with a lot of information that obviously has pro- pelled us today into the work on the floor dealing with the designation of this unit. Mr. Speaker, I am very pleased with the work of the gentleman from the Virgin Islands (Mr. Dr 'Arco] and craftsmanship in working on this legis- lation with the Secretary of the Interi- or. Mr. Speaker, I yield such time as he may consume to the gentleman from the Virgin Islands (Mr. Di Loco]. Mr. Di LUGO. Mr. Speaker, I rise in support of H.R. 2927 to establish the Salt River Notional Historical Park and Ecological Preserve, at St. Croix, VI. The legislation before us. Mi. Speak- er, marks the culmination of years of effort to save Salt River Bay, begin- ning in 1958. when the Virgin Islands Legislature voted to purchase 50 acres of the area, including the 5 acres of beach where Admiral Christopher Co- lumbus -on his second voyage to the New World-anchored his 17 ships and sent some of his men to investigate an Indian village that was visible on the western side of the bay. I was a member of the Virgin Islands In 1958, Mr. Speaker, and was proud to cosponsor the original legislation that began the process to save the area. The Columbus Landing at Salt River. Mr. Speaker. is the only place - on what was to later become United States Territory-s here Columbus' party is known to have set foot. There is no disputing that the fleet, after leaving Salt River. passed by St. Thomas and possibly the British Virgin Islands. and that they eventual- ly stopped in Puerto Rico. but exactly where Is not known. The other interesting historical fea- ture of Salt R per is that it is a micro- cairn of the entire history of early Eu- ropean colonization of the Caribbean. The Spanish, British. French, Dutch, and the Knights of Malta all had set- tlements there. And, indeed, the suc- cess and failure of each of these settle- ments mirrored the turbulence of the wars and conflicts that swept across Europe at the time As result, you had the Spanish In 1650 attacking and driving out the English who had estab lished a settlement at Salt River in 1647, and who where, themselves, at tacked and driven out by the French later that same year In addition to its rich historical and cultural resources, Salt River also has wealth of natural and environmental treasures. These include the largest re- maining mangrove forest In the Virgin Islands and a variety of tropical marine and terrestrial ecosystems This will truly be remarkable park. Mr. Speaker, for it will combine an ec- ological treasure chest with a window on human history that may go back as far as 2000 BC, or even earlier. No less Important to passage of this bill. Mr. Speaker, is the Intent for there to be an unprecedented degree of Federal and local cooperation in the preservation and management of the site. To that end, I have included in the legislation a provision to establish a 10-member advisory comet' lion to make recommendations on hos all the lands within the park will be jointly managed. and to also in the develop- ment of the general management plan. There are three other national park units already In the Virgin Islands. Mi. Speaker, and it saddens me to say that the Park Service has sought little input-if any- ,iorn the people of the Virgin Islands in the management of those other units. This bill will estab- lish a new relationship. a thoroughly reasoned attempt to not repeat the mistakes of the past. Mr. Speaker, on the question of re- turning the boundaries to the alterna- tive C boundary, It is our former col- league, the Secretary of the Interior. the Honorable Manuel Lujan, who after visiting Salt River, recommended that we Increase the boundary of the park to what is in the bill before us. One of the most important reasons for including this additional acreage within the boundary is so that the Park Service can offer tax incentives to the owners of these dwellings, as in- ducements of them to donate their property to the park. These incentives. Mr. Speaker, would not be available If the property were not within the boundary of the park. Mr. VENT(' Mr. Speaker, will the gentleman yie, Mr. or LUCK I yield to the gentle- man from Minnesota. Jr November 5, 19.91 Mr. VENTO. Mr. Speaker, I also want to clarify that It is my under- standing there is some suggestion that the park or boundary adjustments were somehow to deal with the entire viewahed of the area. It is my under- standing, that the addition of this 140 or so acres is principally for adminis- trative purposes, principally to try to limit the development to what it is today. Very likely what would happen in this Instance is scenic easement would be purchased and/or, as the gentleman has said, there may even be donation of some of the easements, or the entire property for the benefit some sort of tax adjustment, which the current law. So we are not changing any of that. That at least would be the preferred alternative. I guess under some scenar- ios yell could see a circumstance where the would be a willing seller and willing buyer and the Park Service may buy almost all of this. I do not an- ticipate that to be the case. But It is not. I might say, for viewshed. It is principally, as I understand it, because of the administrative boundaries and, of course, to prevent the construction of something that would be adverse a I would adversely impact in terms of these areas. Mr. as LUDO. Mr. Speaker, in addi- tion, it is not the intent of anyone, es- pecially the Secretary of the Interior, to condemn these homes and acquire them all immediately. Should these dwellings have to be acquired, they will be acquired over time, and in most cases, it is expected that the Park Service will acquire less than fee inter- est in the dwellings such as conaerva- t ion or scenic easements to prevent in- compatible development. The bill also includes language which prohibits con- demnation of private dwellings with- outthe owners consent. As for the Virgin Islands contribu- tion to the nianagement of the park, the Virgin Islands Government will contribute over half of the acreage in the boundary to the park. This in- cludes all 600 acres of the water within the 1,046 acre park, and 65 acres of land. And most importantly Mr. Speaker, we will be contributing the crown jewel of the park, the five acre Columbus landing site. As for training of local employees in park management, those who are com- plaining without even checking the figures, should know it provides for training of only four staff persons a year at $99,300-a paltry sum of pay for magnificent park and true part- nership. This legislation Mr. Speaker, has been a bipartisan effort from the very beginning. Our former colleague, the Honorable Manuel LuJan, Secretary of the Interior, has been a strong sup- porter of the bill from the outset. He and his staff have worked closely with me and my staff in drafting the bill. To further demonstrate his support for the bill the Secretary took the un- NGRESSIONAL RECORD - HOE" H 9319 usual step of personally testifying in favor of the bill before the Subcom- mittee on Parks and Public Lids here in the House. I would like/1r express my sincerest thanks and appreciation to Secretary LuJan for all his help and support In getting the leislation to where it is today. I would also like to thank all theme who have supported H.R. 2927, espe- cially for their testimony in support of the legislation during the subcommq- tee hearings. First, the person I wish to thank is the Governor of the Virgin Islands, the Honorable Alexander Par- relly. Governor Farrelly personally traveled to Washington when hearings were held on the bill to testify in sup- port of the legislation. I would also add that this legislation would not have been possible without Governor Farrelly's endorsement. Second. I wish to thank as well the three Senators from the Virgin Is- lands. Senators Virdin Brown, Mal- colm Callender. and Holland Redfield. who also testified in support of the bill in committee. In particular, Senate President Brown, whose leadership on behalf of the legislation on the local level was a key ingredient in laying the groundwork for local support. Finally, I wish to thank all those who also testified in person or submit- ted statement in support of the bill. They include: Brad Northrup, vice president of the Nature Conservancy: Paul Pritchard, president of the Na- tional Parks and Conservation Associa- tion. Michael Walsh, president of the St. Croix Environmental Association; William P. Claw!, president, Society of the Virgin Islands Historians: Lillian Belardo de O'Neal, senator 19th Legis lature of the U.S. Virgin Islands; Austin Reid. president, National Asso- ciation for U.S. Virgin Islands Affairs: Fred Sladen: Roland Wauer. Jessie Thompson, president, Christopher Co- lumbus Jubilee Committee; Rudy O. O'Reilly, Jr., now studying for hie master of science in botany at Liz Wilson and Helen °Jeanine. V.I. League of Women Voters Barbara Hagan-Smith. executive director. St. Croix Landmarks Society; Sandi Savage, Ken Jones, and Margaret Hayes, St. George Village Botanical Garden of St. Croix, James Savage, president St. Croix Chamber of Com- merce: and Orville Kean, Ph.D., Presi- dent. University of the Virgin Islands. I also want to especially thank my administrative tasistant Sheila Roes. my former legislative assistant Brian Modeste. and to Sam Bough, my dis- trict supervisor for their tireless work in getting the legislation to where it is today. My thanks also goes to the staff of the Subcommittee on Parks and Public Lands, notably Sandy Scott and Staff Dlrrelor Rick Healy for their ef- forts in working on the legislation as well. In conclusion Mr. Speaker, I wish to thank the chairman of the full Interi- or Committee, the gentleman from California (Mr. MILLER), and also the chairman of the Subcommittee or. Parks and Public Lands, the gentle- man from Minnesota (Mr. Vtarrol for their hard work and asst; tsuice in bringing the legislation to the floor. My thanks also to the distinguished gentleman from California (Mt taco IMAM NO) for his support of the table. tion as well. Thank you, Mr. Speaker, for allowing me to speak in support ot the bill, and I urge my colleague: to vote in favor of p write of H.R. 21 27 0 1440 Mr. LAGOMARSING. Mr. Speaks r. I yield back the balance of my time. Mr. VENTO. Mr. Speaker, I yield myself such time as I may consume. I asked the staff cf the gentleman from the Virgin Islands (Mr. of about the size of the island. I know that these islands are very small and this island is probably a little 'seer 100,000 acres of land in the Viral i Is lands. As indicated, it is donating a signifi- cant amount of land. He commented that one the Virgin Islands. St. John's, two-thirds of the land is park now. And on St John's island, which is one of the Virgin Islands that the gentleman from the Virgin Islands (Mr. at LOGO] represents, that Members would be well-advised to pay special attention to the concerns and Impact that we have here in terms of these issues. No Member is more sensitive, I might say, to that than the gentleman from the Virgin Islands (Mr. as Loco] In terms of his eenversatioas and advo- cacy here in terms of what we are doing. So I very much appreciate his work in this instance. I think we have come up, Really, I feel today ought to be a day that we should be celebrating the establishment and the designation of this new national park, not just be- cause of the quincenteriniat but be- cause of the other resources and the long history that these Virgin Islands represent as part of our country and as part of our Nation. I am very proud that it has been worked out and thet is a really good measure. I hope that Members would support it strongly. Mr Speaker, I have no further re quests for time, and I yield back the balance of my time. The SPEAKER pro tempore (Mr. LEMMAS of California). The question is on the motion offered by the gentle- man from Minnesota (Mr. Volvo) that the House suspend the rules and pass the bill. H.R. 2927, as amended. The question was taken, and (two- thirds having voted in favor tnereo!) the rules were suspended and the bill. as amended, was passed. A motion to reconsider was laid on the table. of is . . Loot of lr:ft; 1: gift II 9350 IGRESSIONAL RECORD - H011t AUTHORIZING THE DEVELOP- MENT PLAN FOR PENNSYLVA- NIA AVENUE Mr. MAYER. Mr Speaker. I mote that the House suspend the rules and pass the bill (H.R. 3387) to amend the Pennsylvania Avenue De- velopment Corporation Act of 1972 to authorize appropriations for imple- mentation of the development plan for Pennsylvania Avenue between the Capitol and the White House, and for of her purposes. as amended. The Clerk read as follows H.R. 3387 Be It enacted by the Senate end House of Representattre of the Untied States of A met. lea In Congress assembled. SE1111*N I FERMAT IA A*4111 AMUR Dirt UAW. MEW iOR"MATIO Section 17(a; of the Pennsylvania Avenue Development Corporation Act of 1972 OM Stat. 1266, 40 U.S.C. !labia» is amended by striking out all that follows .1991." and in serting in lieu thereof the following: "and $2.80,000 for the fiscal year 1992.". The SPEAKER pro tempore. Pursu- ant to the rule, the gentleman from Pennsylvania (Mr. Kostassyrs) will be recognized for 20 minutes. and the gentleman from Arizona (Mr. RHODES) will be recognized for 20 minutes. The Chair recognizes the gentleman from Pennsylvania [Mr KOSTMAYER). GIVIZRAL LILA VS Mr KOSTMAYER. Mr Speaker. I ask unanimous consent that all Mem- bers may have 5 legislative days to revise and extend their remarks on the legislation presently under consider- at ion. The SPEAKER pro tempore. Is there objection to the request of the gentleman from Pennsylvania? There was no objection. Mr. KOSTMAYER. Mr. Speaker. I yield myself such time as I may con- sume. Mr. Speaker, today the House con- sider H.R. 3387, bill to reauthorize the Pennsylvania Avenue Develop- ment Corporation (PADC). Since It was created by Congress In 1972, the PADC has achieved great success in transforming America's Main Street. In the words of a Presidential commit- tee formed In the late 1980's to study the condition of the avenue, Pennsyl- vania has changed from "a scene of desolation- into great boulevard worthy of its role in America's history and its place in the center of the Na- tion't capital. A master plan, approved by Congress in 1975. has guided work on the public areas and 21 square blocks within the Corporation's territory. With appro- Nriations from Congress. PADC has undertaken a program of extensive public improvements that includes landscaping, lighting, paving of new sidewalks and roadways, installing of street furniture. planting of new trees. and restoring landmark structures. Six parks and plazas have been created or refurbished, and work to restore a sev- enth public open space will being shortly. PADC has borrowed almost $100 million for acquisition from the Treas- ury. All of that will be paid back with interest &the year 2031. Almost $85 million o that has already. in fact, been returned to the Treasury. Con- gress additionally appropriated $131 million for public improvements and staffing. This public Investment has generated more than $1.5 billion In private commitments to date. demon- strating an outstanding example of the private-public partnership con- cept. As of this year, annual taxes gen- crated for the District of Columbia to the Pennsylvania Avenue district were more than $69 million. On September 24, 1991. ',introduced H.R. 3387 a bill to extend the PADC': authorization for 3 years. The Sub committ?.e on Energy and Environ ment. after conducting a he-ring on the bill, amended H.R. 3387 C..1 Octo- ber 22 to provide for a 1-year reau- thorization. The subcommittee hopes to examine In detail early next year what entity will succeed the PADC and will move ahead with another re- authorization bill at that time. The bill was approved by the House Interi- or Committee on October 30, with bi- partisan support. All Americans can take enormous pride in Penasylvania Avenue and in the renewal of the Pennsylvania Avenue area that, when complete, will portray the best of American plan- ning. design. and development-a suc- cessful model for other areas of Wash. ington and for cities throughout the world. PADC has proven that a partnership between the public and private sector; can work. Moreover, it has proven that function and beauty are compatible In America's great cities. Mr. Speaker. I urge passage of H.R. 3387. M -. Speaker, I yield such time as are may consume to the gentlewoman from the District of Columbia (Ms. NORTON). Ms. NORTON. Mr. Speaker, I rise in strong support of the authorization for the important work of the Per n- Sylvania Avenue Development Corpo- ration. Last week I was pleased to Jon the gentleman from Pennsylva lit (Mr. KOSTMAYER) and other metnters of the Subcommittee on Energy and the Environment to evaluate' the per- formance of the Pennsylvania Avenue Development Corporation. In that hearing. PADC provided in- sight concerning how it has shepherd- ed one of the most ambitious and visi- ble redevelopment efforts in the histo- ry of this Nation, and I might a. i has done so with the complete coupe ation and efforts of the people of the Dis- trict of Columbia and their elec ed of- ficials. I am proud to say that President Kennedy's original vision of a main street worthy of the Nation ha i nearly been met, with strong bipartisan sup- port from the Congress. Moreover. economic developments since the New Frontier have moved the Nation's Cap- via November 5, 1.991 ital to the front ranks of the world's international cities. These develop- ments also have moved the PADC to an expanded vision that now Includes an International Trade and Cultural Center. the largest complex in this region since the Pentagon. fl 1450 Pennsylvania Avenue is truly emerg- ing as a Fifth Avenue and a Champs Elysee. As I noted in that hearing, PADC still has unfinished business and unmet challenges to ensure successful completion of the ICTC complex, by far the most important project in its entire 20-year history. Unfortunately. PADC has not submitted an accepta- ble housing plan of the kind specifical- ly prescribed by Congress. Instead. OSA is trying to treat the ICTC as an ordinary piece of real estate to house the EPA. I know that in a time of the tightest budget In memory, the Congress will not allows goy° minion prize-winning architectural wonder prescribed by Congress as a multipurpose interna- tional complex to become a boondog- gle to house one Federal agency whose space could be built for 20 percent of that amount. As PADC continues its wonderfully successful work cn Pennsylvania Avenue. I encourage the Corporation to move on to other important projects, to upgrade the Nation's Cap- ital, but also to fulfill its commitment emphasized last week to cultivate an even closer working relationship with the District of Columbia during this post-home-rule era, status the Dis- trict did not have when PADC was cre- ated. I also want to encourage PADC to continue to build upon its record of extending procurement opportunities to minorities and women in its devel- opment activities. PADC his done its work economical- ly and weal. It deserves the continuing support of this body. Mr. RHODES. Mr. Speaker. I yield myself such time as I may consume. (Mr. RHODES asked and was given permission to revise and extend his re- marks.) Mr. RHODES. Mr. Speaker. I am very pleased to rise in support of H.R. 3387 and to urge my colleagues to lend their support to a 1 -year reauthoriza- tion of the Pennsylvania Avenue De- velopment Corporation. This enterprise is one of the most outstanding examples not Just here in this area but in the country of the suc- cessful public-private partnership. One need only traverse the length of Pennsylvania Avenue to observe 'he White House, the Capitol, the Old Post Office Pavilion, the Canadian Embassy, the Willard Hotel, the J. Willard Marriott Hotel, and other projects that have been developed along Pennsylvania Avenue as a result of the work and the activities of PADC , ii f. Administration of George Bush, 1992 / Feb 24 women in this room, really can make a dif- ference. There's never been a more urgent moment to win a victory for jobs for all Amer- icans. We've wcn battles before, and we'll win this one, too. Together we can get our country moving swiftly and surely to a better future. Thank you all for what you are doing. And may God bless the United States of America. Thank you. Note: The President spoke at 10:55 a m at DAR Constitution Hall Statement on Signing the Omnibus Insular Areas Act of 1992 February 24, 1992 It is with great pleasure that I sign into law H.R. 2927, the "Omnibus Insular Areas Act of 1992.- This Act creates a new unit of the National Park System known as the Salt River Bay National Historical Park and Ecological Preserve. By signing this bill into law today. we make a significant contribution to the commemora- tion of the 500th anniversary of Christopher Columbus' voyages tc the New World. We also protect an environment that is important to all citizens of the United States. Located on the island of St. Croix, U.S. Virgin Islands, this new park is important for several reasons: -It is the only known site where, 500 years ago, members of a Columbus party set foot on what is now territory of the United States -It presents an outstanding opportunity to preserve and interpret Caribbean his- tory and culture, including the impact of European exploration and settlement. -It contains a wealth of natural features ranging from wood _3 hillsides and man- grove forests to tropical reefs and a bio- logically rich submarine canyon. -It is a refuge for migratory birds and a vital nursery for many of the marine animals that inhabit the beautiful waters of St. Croix. 321 -It will be planned H and managed iii full partnership with tt fie Government of the U.S. Virgin Islands a. It is indeed exciting t lino take this major step toward preserving the natural and cultural heritage of the Virgin is stands. a heritage that has meaning for all A-. Americans. I want to thank all of those who = played a part in fash- ioning this innovative partnership between the Federal Governmes and the Virgin Is- lands Government. My action here today is but one example of my Administration's commitment to pro- tect the environment an Arad America's heritage. This is the sixth time I b. nave signed legislation creating a new unit of ti-Ilhe National Park Sys- tem. In the past 3 yea= rs, we have acquired 57,000 acres of environrx-nentally sensitive and historically significant Lands for the National Park System. Finally, I note that 1-11-1.R. 2927 authorizes new technical assistance for insular areas after major storms. Too ensure that hazard mitigation measures tru sly reduce future loss or life and property, al: pcprojects must he cost- effective, cooperative vs-entures between the Federal Government ar-scrid the insular areas The Act will not change te this policy, diminish any existing matching sh mare requirements, or change procedures for Presidential disaster declarations. George Bush The White House, February 24, 1992. Note: H.R. 2927, appnotwc_sed February 24, was assigned Public Law No. 102-247. Nomination of Edwa and Joseph Perkins To Be United States Representative to theme United Nations February 24, 1992 The President today az announced his inten- tion to nominate Edwarcycl Joseph Perkins, of the District of Columba .la, to be the Rep- resentative of the Uniteci. d States of America to the United Nations, wi-ith the rank and sta- tus of Ambassador Extra4smordinary and Pleni- potentiary, and the Re=- presentative of the ° . . tent o IN Balmy I TO L58(180) Memorandum rap United States Department of the Interior *mPiCA NATIONAL PARK SERVICE P.O. BOX 37127 WASHINGTON, D.C. 20013-7127 2 6 FEB 1992 To: Associate Director, Planning and Development Associate Director, Operations Chief, Policy Office Chief, Land Resources Regional Director, Southeast Region From: Chief, Legislative Affairs MO Subject: Activation of the Salt River Bay National Historical Park and Ecological Preserve at St. Croix, Virgin Islands, Act Attached is a copy of the Salt River Bay legislation, which was signed by the President on February 24. Also attached is a draft activation memorandum for this legislation. Because of the strong Congressional and Secretarial interest in the new park, we would like to reach agreement on implementation responsibilities as soon as possible. Please review the draft and let us know if you see a need for any changes, or the need for an activation meeting. We would appreciate having your response no later than COB on March 4, 1992. Attachments (2) 1 ! t 1Mile es s 74-1. teaudA-___ L58(180) DRAFT Memorandum To: Regional Director, Southeast Region From: Director Subject: Activation of Title I of Public Law 102-247, Salt River Bay National Historical Park and Ecological Preserve at St. Croix, Virgin Islands On February 24th the President signed into law P.L. 102-247, the Omnibus Insular Areas Act of 1992. Title I of P.L. 102-247 is cited therein as the "Salt River Bay National Historical Park and Ecological Preserve at St. Croix, Virgin Islands, Act of 1992" (Salt River Bay Act). It establishes a new unit of the National Park System by that name. Overall management and implementation responsibility for this new unit is assigned to the Southeast Regional Office. Copies of pertinent Committee reports, the Public Law, and other elements of the legislative history are attached. Specific requirements of the Salt River Bay Act, and responsibility for their implementation are as follows: Sec. 103. Purpo3e and area included: Section 103(b) of the Act requires that the area be managed for the purpose of preserving, protecting and interpreting historical, cultural, and natural sites and resources at Salt River Bay. Although several alternative boundaries were addressed in the 1990 "Alternatives" study, and others were considered during Congressional deliberations, Section 103 defines the boundaries to be those depicted in the study's "Alternative C." The new unit therefore includes not only terrestrial resources, but also adjacent waters and submerged lands. Section 101(b) requires that the Alternative C map be on file and available for inspection in the offices of the National Park Service, Department of the Interior, and the Offices of the Lieutenant Governor of St. Thomas and St. Croix, Virgin Islands. You should forward copies of the official map to the Lieutenant Governor as soon as possible. Responsibility for maintaining copies of the map for public inspection in the National Park Service is assigned to the Associate Director, Planning and Development. i ° 2 We ask that you send us four (4) copies of a property map with the Alternative C boundaries superimposed. We will provide one of those copies to Delegate deLugo, for his reference. We suggest that you provide such a map to the Lieutenant Governor, as well, since it will be a most useful reference for answering questions from concerned citizens. Sec. 104. Acquisition of Land: Section 104(a) authorizes acquisition of land and interests in land within the park boundaries by donation, purchase with donated or appropriated funds, or exchange. Since the USVI, in its partnership role, may also elect to acquire lands within the park boundaries, it will be important that Park Service acquisition plans be closely coordinated with the USVI. To implement this section, you should prepare a Land Protection Plan. Section 104(b) provides that lands, or interests therein, containing dwellings lying within the park boundary as of July 1, 1991, may not be acquired without the consent of the owner unless the Secretary determines, after consultation with the USVI, that the land is being developed or proposed to be developed in a manner which is detrimental to the natural, scenic, historic, and other values for which the park was established. This provision will require that criteria and a procedure be adopted, perhaps as part of the Land Protection Plan, to allow for prompt evaluation of any new development that may be proposed. It will also be important that you be prepared to counsel the owners of developed property as to how and when the criteria will be applied. Sec. 105. Administration: Section 105(a) requires that the park be administered in accordance with the provisions of law r nerally applicable to units of the national park system, inc-ding but not limited to the National Park Service Organic Act and the Historic Sites, Buildings, and Antiquities Act. If generally applicable provisions of those laws should conflict with provisions of the Salt River Bay Act, the provisions of the Salt River Bay Act shall prevail. Generally, Federal laws governing the administration of park lands will not apply o those lands administered by the USVI within the park boundaries, unless the USV- .:nooses to have them applied. We will need to rely on the USVI to adopt laws and regulations that will ensure the application of uniform standards and procedures throughout the park. Assisting the USVI in identifying specific actions to be taken should be a high priority during the planning process. Section 105(b) authorizes the Secretary to enter into cooperative 3 agreements with the USVI, or any political subdivisionthereof, for the management of the park and for other purposes. )assessed on discussions that took place during deliberations on the River Bay bill, we believe that this provision is intended Co give the Park Service maximum flexibility to do what isnecssary to make the "partnership" successful. Section 105(c) requires that a GMP be developed for the par)-- not later than three years after the date funds are made available. When completed, the GMP is to be submitted to the authorizer -lig committees in the House and Senate. The GMP is to contain Chose elements normally associated with GMPs, but there aretwoit=Lem that the GMP is to include which require special note: Ii) "proposals for assessing the potential operation and supply of park concessions by qualified Virgin Islands-owned businesses "; and (2) plans for the training of Virgin Islands citizensir7m all phases of park operation and management. Item (1) doesnot require that the GMP assess (or evaluate) the potential for concessions; it requires only that the GMP include "proposal -s" for assessing or evaluating that potential. Presumably, thEM.S. actual assessment or evaluation would be performed inalater study. Item (2) is discussed under section 105(d), below, Although there is no legal requirement that the USVI manage its lands as prescribed in the GMP, those who participated in deliberations on the Salt River "partnership" expected compliance. Of course, if we expect the USVI to faithfully comply with the GMP, then we must afford them an opportunity.- to participate in the preparation of the GMP to the maximumext_ ent practicable. To implement section 105(c) you should include in your next fiscal year budget cycle funds to begin the GMP. When funds are appropriated, the plan will be due to the Committees within three years. You should allow three months for WASO and Departmerir-tal review of the draft. Section 105(d) requires the Secretary to provide fundsforUr-S111 employees directly engaged in the joint management of thepaL rk and to implement, over a 10-year period, a program underwhi ch Virgin Islands citizens may be trained in all phases ofpadc operations and management. Park Service funding for these activities is not to exceed 50 percent of their total cost. Although the wording of this section suggests that funding f or the USVI employees and funding for ..he training program may be viewed as two distinct activities, any and all of our activi ties pursuant to this section should be implemented as partofa training program. The training program should be tightly controlled, developing knowledge, skills and competencies in the Virgin Islands employees in the same manner that we would in our own employees. The provisions of the IntergovernmentalPers <Duel Act provide a ready-made vehicle to accomplish this, dining:al you 1. 4 have discretion to fashion some other type of program. If you decide to devise a new program, you will need to confer with OPM on the details. To implement this subsection, you should develop and fund the training program. Sec. 106. Commission: Section 106 establishes a 10-member commission to recommend how lands lnd waters within the park can be jointly managed; to consult with the Secretary on the development of the GMP; and to provide advice and recommendations to the USVI upon request. Although the commission's formal name does not include the word "advisory," the commission has no authority to do anything more than advise. The commission is to be composed of ten members, including: the Secretary (or designee), the Governor (or designee), four members appointed by the Secretary, and four members appointed by the Secretary from a list provided by the Governor. The Chairmanship is to alternate annually between the Secretary and the Governor. Initial commission appointments are to be made within 120 days after date of enactment (ie., by June 23, 1992), except that the Secretary has 120 days from date he receives the Governor's list to make those appointments. The usual conditions apply to the commission, except that there is a stipulation that the Secretary shall provide the commission with a budget for travel expenses and staff, and guidelines by which expenditures shall be accounted for. You should begin preparing a charter for the commission as well as a letter requesting the Governor's nominations. You may also provide names for the Secretary to consider. Please submit a draft of the charter and the letter to the Office of Policy, WASO, by April 10, 1992. t tundra! Second Congress of the Bolted ,States of amain AT THE SECOND SESSION Begun and hold at the City of Washington on Friday, the third day of January, one thousand nine hundred and ninety-two 54n 2I(t To provide for the establishment of the St. Croix. Islands Historical Park and Ecological Preserve, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. SECTION 1. SHORT TTTLE. This Act may be cited as the "Omnibus Insular Areas Act of 1992". TITLE I-SALT RIVER BAY NATIONAL HISTORICAL PARK AND ECOLOGICAL PR WAVE AT ST. CROIX. VIRGIN ISLANDS SEC. 101. SHORT TITLE. This title may be cited as the "Salt River Bay National Historical Park and Ecological Preserve at St. Croix, Virgin Islands, Act of 1992". SEC. 102. FINDINGS. The Congress finds that the Salt River Bay area of the north central coast of St. Croix, United States Virgin Islands- (1) has been inhabited, possibly as far back as 2000 B.C., and encompasses all major cultural periods in the United States Virgin Islands: 2) contains the only ceremonial ball court ever discovered in the Lesser Antilles, village middens. and burial grounds which can provide evidence for the interpretation of Caribbean life prior to Columbus: (3) is the only known site where members of the Columbus expeditions set foot on what is now United States territory; (4) was a focal point of various European attempts to colonize the area during the post-Columbian period r-vi contains sites of Spanish. French. Dutch. English, and Dary ih settlements. including Fort Sale. one of the few remaining earthwork for- tifications in the Western Hemisphere; (5) presents an outstanding opportunity to preserve and inter- pret Caribbean history and culture, including the impact of European exploration and settlement: (6) has been a national natural landmark since February 1980 and has been nominated for acquisition as a nationally significant wildlife habitat; (7) contains the largest remaining mangrove forest in the United States Virgin Islands and a variety of tropical marine and terrestrial ecosystems which should be preserved and kept unimpaired for the benefit of present and future generations: and (8) is worthy of a comprehensive preservation effort that should be carried out in partnership between the Federal Gov- ernment and the Government of the United States Virgin Islands. "nut - . . H. a. 2927-2 SEC. 103. SALT RIVER BAY NATIONAL HISTORICAL PARK AND ECOLOGICAL PRESERVE AT ST. CROIX. VIRGIN ISLANDS. (a) ESTABLISHMETTIR-T.-In order to preserve, protect, and interpret or the benefit of present amid future generations certain nationally significant historical_ cultural, and natural sites and resources in the Virgin Islands, t4- -there is established the Salt River Bay National Historical Park and EL.Ecological Preserve at St. Croix, Virgin Islands (hereafter in this Act referred to as the "park-). (b) AREA INcLunEz.s.D -Thee park shall consist of approximately 912 acres of land, ws-aters, submerged lands. and interests therein within the area gene=r.....nlly depicted on the map entitled "Salt River Study Area-Alternes ative 'C'" in the "Alternatives Study and Environmental Asses rsament for the Columbus Landing Site, St. Croix, U.S. Virgin IsLiliuxis-, prepared by the National Park Service and dated June 19'3E90. The map shall be on file and available for public inspection in the offices of the National Park Service, Department of the In.rxtenor, and the Offices of the Lieutenant Gov- ernor of St. Thomas az...ndSt. Croix. Virgin Islands. SEC. 104. ACQUISITION V (OLAND. (a) GENERAL AuTHcz=sEITT.-The Secretary of the Interior (hereafter in this title referred to as the "Secretary-) may acquire land and interests in land witi.r..hin the boundaries of the park by donation, purchase with donate .ed or appropriated funds, or exchange. Nothing in this section shall be construed to prohibit the Government of the United States Vi_ limn Islands from acquiring land or interest in land within the bougandariess of the park. LIMITATIONS ON la ALTH4DRITY.- Lands, and interests in lands. within the boundaries:* of the park which are owned by the United States Virgin IslandsLa, or any political subdivision thereof, may be acquired only by c. donation or exchange. No lands, or interests therein, containing d-lwelling-s lying within the park boundary as of July 1, 1991, may tube acquired without the consent of the owner, unless the Secretary d..11.eterrni ries, after consultation with the Govern- ment of the United tates Virgin Islands. that the land is being developed or proposed :el to be developed in a manner which is det- rimental to the naturasal. scenic, historic, and other values for which the park was establish Aimed. SEC. 106. ADMENT1STRAT7. -10N. (a) IN GENERAL.-Tr The park shall be administered in accordance with this title and wilt nth the provisions of law generally applicable to units of the natiot-Pnal park system. including, but not limited to, the Act entitled "ArAn Act to establish a National Park Service, and for other purposes s ", approved August 25, 1916 (39 Stat. 535: 16 U.S.C. 1. 2-4) andlld the Act of August 21, 1935 (49 Stat. 666: 16 U.S.C. 461-467). Ir-sn the case of any conflict between the provi- sions of this Act and such generally applicable provisions of law. the provisions of this A. act shall govern. ,b) COOPERATIVE AG:-E -REEm:EINTs.-The Secretary, after consulting with the Salt River EUE3ay National Histoncal Park and Ecological Preserve at St. Croix_ =. Virgin Islands, Commission (hereafter in this Act referred to ass the '"Commission") established by section 106 of this title, is auti.--.J- lonzeci to enter into cooperative agreements with the United State Virgin Islands. or any political subdivision thereof. for the managgagement of the park and for other purposes. _ - 1 \° (b) H. R 2927-3 (c) GENERAL MANAGEMENT PLAN.-(1) Not later than 3 years after the date funds are made available for this subsection, the Secretary, in consultation with the Commission, and with public involvement, shall develop and submit to the Committee on Energy and Natural Resources of the United States Senate and the Commit- tee on Interior and Insular Affairs of the United States House of Representatives a general management plan for the park. The general management plan shall describe the appropriate protection, management, uses, and development of the park consistent with the purposes of this title. (2) The general management plan shall include, but not be limited to, the following: (A) Plans for implementation of a continuing program of interpretation and visitor education about the resources and values of the park. (B) Proposals for visitor use facilities to be developed for the park. (C) Plans for managemen.. of the natural and cultural resources of the park, with particular emphasis on the preserva- tion of both the cultural and natural .-esources and long-term scientific study of terrestrial, marine, and archeological resources, giving high priority to the enforcement of the provi- sions of the Archeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.) and the National Historic Preservation Am. (16 U.S.C. 470 et seq.) within the park. The natural and -al resources management plans shall be prepared in con- ition with the Virgin Islands Division of Archeology and "Atone Preservation. (D) Proposals for assessing the potential operation and supply of park concessions by qualified Virgin Islands -owned businesses. (E) Plans for the training of personnel in accordance with subsection (e). (d) TRAINING ASSISTANCE.-During the 10-year period beginning on the date of enactment of this title, the Secretary shall, subject to appropriations, provide the funds for the employees of the Gov- ernment of the United States Virgin Islands directly engaged in the joint management of the park and shall implement, in con- sultation with the Government of the United States Virgin Islands, a program under which Virgin Islands citizens may be trained in all phases of park operations and management: Provided, how- ever, That in no event shall the Secretary provide more than 50 percent of the funding for such purposes. A primary objective of the program shall be to train employees in the skills necessary for operating and managing a Virgin Islands Territorial Park System. SEC. 10$. SALT RIVER BAY NATIONAL HISTORICAL PARR AND ECOLOGICAL PRESERVE AT ST. CROIX. VIRGIN ISLANDS. COMMISSION. a) ESTABLISHMENT. -There is established a commission to be known as the Salt River Bay National Historical Park and Ecological Preserve at St. Croix. Virgin Islands. Commission. (b) DUTIES.-The Commission shall- (1) make recommendations on how all lands and waters within the boundaries of the park can be jointly managed . 'ult H. R 2927-4 by the governments of the United States Virgin Islands and the United States in accordance with this title; (2) consult with the Secretary on the development of the general management plan required by section 105 of this title; and (3) provide advice and recommendations to the Government of the United States Virgin Islands. upon request of the Govern- ment of the United States Virgin Islands. (c) MEMBERSHIP. -The Commission shall be composed of 10 mem- bers, as follows: (1) The Governor of the United States Virgin Islands, or the designee of the Governor. (2) The Secretary, or the designee of the Secretary. (3) Four members appointed by the Secretary. (4) Four members appointed by the Secretary from a list provided by the Governor of the United States Virgin Islands, at least one of whom shall be a member of the Legislature of the United States Virgin Islands. Initial appointments made under this subsection shall be made within 120 days after the date of enactment of this title, except that the appointments made under paragraph (4) shall be made within 120 days after the date on which the Secretary receives such list. (d) TERMS. -The members appointed under paragraphs (3) and (4) shall be appointed for terms of 4 years. A member of the Commission appointed for a definite term may serve after the expiration of the member's term until a successor is appointed. A vacancy in the Commission shall be filled in the same manner in which the original appointment was made and shall be filled within 60 days after the expiration of the term. (e) CHAIR-The Chair of the Commission shall alternate annually between the Secretary and the Governor of the United States Virgin Islands. All other officers of the Commission shall be elected by a majority of the members of the Commission to serve for terms established by the Commission. 0 MEETINGS. -The Commission shall meet on a regular basis or at the call of the Chair. Notice of meetings and agenda shall be published in the Federal Register and local newspapers having a distribution that generally covers the United States Virgin Islands. Commission meetings shall be held at locations and in such a manner as to ensure adequate public involvement. (g) EXPENSES.-Members of the Commission shall serve without compensation as such, but the Secretary may pay each member of the Commission travel expenses, including per diem in lieu of subsistence, In accordance with section 5703 of title 5, United States Code. Members of the Commission who are full-time officers or employees of the United States or the Virgin Islands Government may not receive additional pay, allowances, or benefits by reason of their service on the Commission. The Secretary shall provide the Commission with a budget for travel expenses and staff, and guidelines by which expenditures shall be accounted for. ih) FEDERAL ADVISORY COMMITTEE ACT.-Except with respect to the provisions of section 14(b) of the Federal Advisory Committee Act, and except as otherwise provided in this title, the provisions of the Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Commission. H. R. 2927-5 (i) TERMINATION. -The Coramulsion shall terminate 10 years after the date of enactment of this title unless the Secretary determines that it is necessary to continue consulting with the Commission in carrying out the purposes of this title. SEC. 107. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated such sums as may be necessary to carry out this title. TITLE II-INSULAR AREAS DISASTER SURVIVAL AND RECOVERY SEC. 201. DEFINMONS. As used in this title- (1) the term "insular area' means any of the following: Amer- ican Samoa. the Fee ated States of Micronesia. Guam, the Marshall Islands, the Northern Mariana Islands, the Trust Territory of the Pacific Islands. and the Virgin Islands; (2) the term "disaster" means a declaration of a major disaster by the President after September 1, 1989, pursuant to section 401 cf the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170); and (3) the term "Secretary" means the Secretary of the Interior. SEC. 202 AUTHORIZATION There are hereby authorized to be appropriated to the Secretary such sums as may be necessary to- ( 1) reconstruct essential public facilities damaged by ct :asters in the insular areas that occurred prior to the date of the enactment of this Act: and (2) enhance the survivability of essential public facilities in the event of disasters in the insular areas. except that with respect to the disaster declared by the President in the case of Hurricane Hugo, September 1989, amounts for any fiscal year shall not exceed 25 percent of the estimated aggregate amount of grants to be made under sections 403 and 406 of The Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170b. 5172) for such disaster. Such sums shall remain available until expended. SEC. 203. TECHNICAL ASSISTANCE. (a) Upon the declaration by the President of a disaster in an insular area. the President. acting through the Director of the Federal Emergency Management Agency, shall assess, in coopera- tion with the Secretary and chief executive of such insular area. the capability of the insular government to respond to the disaster. including the capability to assess damage; coordinate activities with ederal agencies, particularly the Federal Emergency Management Agency; develop recovery plans. including recommendations for enhancing the survivability of essential infrastructure; negotiate and manage reconstruction contracts: and prevent the misuse of funds. If the President finds that the insular government lacks any of these or other capabilities essential to the recovery effort, then the President shah provide technical assistance to the insular area which the President deems necessary for the recovery effort. (b) One year following the declaration by the President of a disaster in an insular area. the Secretary, in consultation with the Director of the Federal Emergency Management Agency, shall " 4 o 1 L58 (180) Memorandum To: From: MAR 1 9 1992 Regional Director, Southeast Region Director, National Park Service 441nesid.natutuum. Subject: Activation of Title I of Public Law 102-247, Salt River Bay National Historical Park and Ecological Preserve at St. Croix, Virgin Islands On February 24th the President signed into law P.L. 102-247, the Omnibus Insular Areas Act of 1992. Title I of P.L. 102-247 is cited therein as the "Salt River Bay National Historical Park and Ecological Preserve at St. Croix, Virgin Islands, Act of 1992" (Salt River Bay Act). It establishes a new unit of the National Park System by that name. Overall management and implementation responsibility for this new unit is assigned to the Southeast Regional Office. Copies of pertinent Committee reports, the Public Law, and other elements of the legislative history are attached. Specific requirements of the Salt River Bay Act, and responsibility for their implementation are as follows: Sec. 103. Purpose and area included: Section 103(b) of the Act requires that the area be managed for the purpose of preserving, protecting and interpreting historical, cultural, and natural sites and resources at Salt River Bay. Although several alternative boundaries were addressed in the 1990 "Alternatives" study, and others were considered during Congressional deliberations, Section 103 defines the boundaries to be those depicted in the study's "Alternative C." The new unit therefore includes not only terrestrial resources, but also adjacent waters and submerged lands. Section 103(b) requires that the Alternative C map be on file and available for inspection in the offices of the National Park Service, Department of the Interior, and the Offices of the Lieutenant Governor of St. Thomas and St. Croix, Virgin Islands. You should forward copies of the official map to the Lieutenant Governor as soon as possible. Responsibility for maintaining copies of the map for public inspection in the National Park Service is assigned to the Associate Director, Planning and Development. We ask that you send us four (4) copies of a property map with the Alternative C boundaries superimposed. We will provide one of those copies to Delegate deLugo, for his reference. We suggest that you provide such a map to the Lieutenant Governor, as well, since it will be a most useful reference for answering questions from concerned citizens. Sec. 104. Acquisition of Land: Section 104(a) authorizes acquisition of land and interests in land within the park boundaries by donation, purchase with donated or appropriated funds, or exchange. Since the USVI, in its partnership role, may also elect to acquire lands within the park boundaries, it will be important that Park Service acquisition plans be closely coordinated with the USVI. To implement this section, you should prepare a Land Protection Plan. Section 104(b) provides that lands, or interests therein, containing dwellings lying within the park boundary as of July 1, 1991, may not be acquired without the consent of the owner unless the Secretary determines, after consultation with the USVI, that the land is being developed or proposed to be developed in a manner which is detrimental to the natural, scenic, historic, and other values for which the park was established. This provision will require that criteria and a procedure be adopted, perhaps as part of the Land Protection Plan, to allow for prompt evaluation of any new development that may be proposed. It will also be important that you be prepared to counsel the owners of developed property as to how and when the criteria will be applied. Sec. 105. Administration: Section 105(a) requires that the park be administered in accordance with the provisions of law generally applicable to units of the national park system, including but not limited to the National Park Service Organic Act and the Historic Sites, Buildings, and Antiquities Act. If generally applicable provisions of those laws should conflict with provisions of the Salt River Bay Act, the provisions of the Salt River Bay Act shall prevail. Generally, Federal laws governing the administration of park lands will not apply to those lands administered by the USVI within the park boundaries, unless the USVI chooses to have them applied. We will need to rely on the USVI to adopt laws and regulations that will ensure the application of uniform standards and procedures throughout the park. Assisting the USVI in identifying specific actions to be taken should be a high priority during the planning process. Section 105(b) authorizes the Secretary to enter into cooperative agreements with the USVI, or any political subdivision thereof, for the management of the park and for other purposes. Based on discussions that took place during deliberations on the Salt River Bay bill, we believe that this provision is intended to give the Park Service maximum flexibility to do what is necessary to make the "partnership" successful. Section 105(c) requires that a GMP be developed for the park not later than three years after the date funds are made available. When completed, the GMP is to be submitted to the authorizing committees in the House and Senate. The GMP is to contain those elements normally associated with GMPs, but there are two items that the GMP is to include which require special note: (1) "proposals for assessing the potential operation and supply of park concessions by qualified Virgin Islands-owned businesses"; and (2) plans for the training of Virgin Islands citizens in all phases of park operation and management. Item (1) does not require that the GMP assess (or evaluate) the potential for concessions; it requires only that the GMP include "proposals" for assessing or evaluating that potential. Presumably, the actual assessment or evaluation would be performed in a later study. Item (2) is discussed under section 105(d), below. Although there is no legal requirement that the USVI manage its lands as prescribed in the GMP, those who participated in deliberations on the Salt River "partnership" expected compliance. Of course, if we expect the USVI to faithfully comply with the GMP, then we must afford them an oppor` unity to participate in the preparation of the GMP to the maximum extent practicable. To implement section 105(c) you should include in your next fiscal year budget cycle funds to begin the GMP. When funds are appropriated, the plan will be due to the Committees within three years. You should allow three months for WASO and Departmental review of the draft. Section 105(d) requires the Secretary to provide funds Jr USVI employees directly engaged in the joint management of the park and to implement, over a 10-year period, a program under which Virgin Islands citizens may be trained in all phases of park operations and management. Park Service funding for these activities is not to exceed 50 percent of their total cost. Although the wording of this section suggests that funding for the USVI employees and funding for the training program may be viewed as two distinct activities, any and all of our activities pursuant to this section should be implemented as part of a training program. The training program should be tightly controlled, developing knowledge, skills and competencies in the Virgin Islands employees in the same manner that we would in our own employees. The provisions of the Intergovernmental Personnel Act provide a ready-made vehicle to accomplish this, although you have discretion to fashion some other type of program. If you A decide to devise a new program, you will need to confer with OPM on the details. To implement this subsection, you should develop and fund the training program. Sec. 106. Commission: Section 106 establishes a 10-member commission to recommend how lands and waters within the park carum be jointly managed; to consult with the Secretary on the dvelopment of the GMP; and to provide advice and recommendations t___-=o the USVI upon request. Although the commission's formal narracrie does not include the word "advisory," the commission has no auir-Ithority to do anything more than advise. The commission is to be composed of ten members, including: the Secretary (or designee), the Governor (or designee), four members appointed by the Secretary, and four= members appointed by the Secretary from a list provided by the Governor. The Chairmanship is to alternate annually between the le Secretary and the Governor. Initial commission appointments are to be made within 120 days after date of enactment (ie., by Jun Ane23, 1992), except that the Secretary has 120 days from date he receives the Governor's list to make those appointments. The usual conditions apply to the co omission, except that there is a stipulation that the Secretary shall provide the commission with a budget for travel expenses an ad staff, and guidelines by which expenditures shall be accounte-d for. You should begin preparing a charter for the commissi _on as well as a letter requesting the Governor's nomination AS. You should also provide at least eight names for the Secreta An/ to consider for four appointments. Please submit a draft of the charter and the letter to the Governor to the Office e of Policy, WASO, by April 10, 1992. The list of names with re: sumes , including home and business addresses and telephone numbers should be submitted to the Office of Policy (with your recoxmmendations for selection) by May 1, 1992. bcc: 001-RF 001-Ridenour FW CCC 180 FNP: BCFagan: x5883 : 3/ 10/92: CFdisk/SAL^-TRIVIR .MEM: sr z. L58 (180) Mr. Richard Spotts 5604 Rosedale Way Sacramento, CA 95822 Dear Mr. Spotts: The President has forwarded your letter of January 25, 1992 regarding Salt River Bay in the U.S. Virgin Islands to me for response. I apologize for the delay in answering your letter. You will be pleased to know that the Salt River Bay National Historical Park and Ecological Preserve at St. Croix, Virgin Islands was created by Public Law 102-247, which was signed by the President on February 24, 1992. Creation of this new park assures the preservation of the historical, cultural and ecological resources of this unique area. The park consists of 912 acres and includes the only known site where members of the Columbus expeditions set foot on what is now United States territory. Salt River Bay also encompasses unique natural resources in a variety of tropical ecosystems. The park will be managed under an innovative partnership arrangement with the Government of the U. S. Virgin Islands. We appreciate your interest in this legislation. Again, I k. apologize for the delay in response. Sincerely, 13i.'an Devlin For., Sean Devlin Bersell Assistant Director, Legislative and Congressional Affairs bcc: 170 202 180 FNP:MHill:x5883:'4/27/92:MHdisk/SPOTTS.LTR:57947:sr O ADP 111 IlY.1 o". a IN RELY REFER TO' L58(180) Memorandum To: TAKE Unit. States Department of Interior AMERICA NATIONAL PARK SERVICE P.O. BOX 37127 WASHINGTON, D.0 20013-7127 SEp g Legislative Counsel Through: Assistant Secretary FiLh and Wildlife and Parks From: Legislative Expediter, National Park Service Attached is our recommendation for a witness at the hearing designated on the form provided., - SP1. ere; y, Ts /a Acts A/4 ktt /-".?a, aAl 7erl.o,/;-al Ftek'eve). Attachment 1. . l/T. s 991 /02S 717. United States Department of the Interior Memorandum To: From: Legislative Counsel Subject: Witness Clearance for Departmental Hearings OFFICE OF THE SECRETARY WASHINGTON, D.C. 20240 SEP 6 t991 Bureau Legislative Expediter C F/07 TAKE PRID IN isimmom AMERICA mommmismems In order for us to determine the appropriate witness, the following information is requested by: Date 4 Subject of Hearing (Due Date) V. I. /1/4- ?A e/(' Proposed Witness and Title /tea p) e / c-t e Reason for Selection (7-Z )42,442.62-3..."6- .' of Witness 7;1a/ 12, Issues to be addressed in testimony, including proposed position (if position has changed, the reason(s) why, and any possible areas of controversy LAG Se."%4 ilt1t- fa '7-60,-,d /44- 415 !J," IX V (PLEASE COMPLETE AND RETURN THIS FORM TO CLC BY DUE DATE) 3.2// all MN 61//4, ,/egy /1. -k. &air, 142(44 j",:ct-s;rn /L7,70 7do -7,6-v1( AC, ii.%/4 J.4.;7a1:01c-Ar/0-J...1 t/9 ir v2.4 7-di YP ex--,2 Ze--a Lig- 44, 7J PL. oey-..,/ J-.) A.4 72 ,21 AA/ 14 ,s4;(/' r/.41- strew ,4-4-4.4//1-4jwr444 44-1.t.., STATEMENT OF THE HONORABLE MANUEL LUJAN, JR., SECRETARY OF THE INTERIOR, BEFORE THE SUBCOMMITTEE ON NATIONAL PARKS AND PUBLIC LANDS, HOUSE COMMITTEE ON INTERIOR AND INSULAR AFFAIRS, CONCERNING H.R. 2927, TO PROVIDE FOR THE ESTABLISHMENT OF THE ST. CROIX, VIRGIN ISLANDS HISTORICAL PARK AND ECOLOGICAL PRESERVE. SEPTEMBER 24, 1991 Thank you for the opportunity to offer the Department of the Interior's views on H.R. 2927, a bill to provide for the establishment of St. Croix, Virgin Islands Historical Park and Ecological Preserve. Protection of the Salt River Bay area is one of my personal priorities and a goal of the National Park Service. I have visited the site, and I am pleased to have had the opportunity to work with Representative de Lugo as he was crafting the bill now before the Subcommittee. Representative de Lugo was successful in getting a portion of Salt River Bay protected when he was a member of the Virgin Islands legislature. It was also his request, on behalf of the Virgin Islands Government, that led to the National Park Service preparing the 1990 study of alternatives which confirmed the national significance of this area. Representative de Lugo is to be commended for his continuing strong commitment to preserving the unique natural and cultural resources of Salt River Bay. We support the establishment of a unit of the National Park System at Salt River Bay. We recommend that the Subcommittee consider several minor, technical amendments to H.R. 2927 that we believe will improve and clarify this a 2 legislation. Mr. Chairman, if enacted, H.R. 2927 will establish a new park unit that will include approximately 440 acres of land and 606 acres of water surface. The park will be managed in a partnership between the Interior Department and the Virgin Islands Government, and the General Management Plan for the park will be developed in consultation with the Virgin Islands Government. An appointed commission, half of whose members will be representatives of, or nominated by, the Virgin Islands, will provide the Department and the Virgin Islands Government with advice and recommendations regarding the planning and management of the park. There will also be a program to provide training to Virgin Islands park employees in the special skills needed in park management and operations. Mr. Chairman, the proposed park is located at Salt River Bay on the north-central Caribbean coast of St. Croix, U.S. Virgin Islands, approximately 4 miles west of the town of Christiansted. This site has long been recognized as an area with important cultural remains. It contains evidence of prehistoric habitation encompassing the major cultural periods in the Virgin Islands. It also contains the only site of a ceremonial ball court plaza identified to date in the Lesser Antilles. Excavations of village middens, ball court features and other archeological features have provided evidence for the interpretation of Caribbean life prior to European settlement. Such sites are rare and, 3 therefore, have special significance. It was at Salt River Bay, in 1493, on the second of his four voyages to the New World, that Christopher Columbus anchored his ships outside the entrance to the bay and sent men to find a source of fresh water and to make contact with the residents of St. Croix. This is the only known site where members of a Columbus party set foot on what is now territory of the United States. Subsequently, the area was a focal point of various European attempts to colonize St. Croix in the 17th century. In addition to these cultural resources, the Salt River Bay area includes prime examples of several types of ecosystems, including mangrove fringe forest, mangrove basin forest, salt pond, and freshwater marsh. The area contains a most significant, high-energy tropical reef system and a biologically rich submarine canyon that has been a principal study site for NOAA's National Undersea Research Program. In summary, Mr. Chairman, Salt River offers a unique combination of natural and cultural values, including plants and animals rarely observed in other parts of the Virgin Islands, together with archeological and historic sites. In addition, the area has high p'tential for recreational and educational activities and scientific research. Unfortunately, these values have been placed at risk by proposed commercial development along the shoreline, dredging of the bay, and an increasing level of uncontrolled it 4 visitor use. Without the protection offered by this bill we can expect the loss of irreplacable archeological data, the beautiful historic setting, and important wildlife habitat. Mr. Chairman, while we support enactment of H.R. 2927, there are a number of important recommendations we would offer to improve or clarify provisions of this bill. I would like to briefly highlight some of these recommendations. We strongly recommend that the language in Section 6(a) be amended to make it clear that the area is to be a unit of the National Park f :stem. This will ensure the long-term, quality management of the site in partnership with the Virgin Islands Government. Mr. Chairman, we strongly support the bill's intent to create a partnership between the Federal Government and the Virgin Islands Government in the management of this important site. Key elements of the partnership are joint management of the park, cooperative development of the park General Management Plan, and the park advisory committee. In order to clarify the partnership arrangement, we suggest that the bill be amended to require that the cooperative agreement establishing joint management contemplated by Section 6(b) include a provision stating that lands the Virgin Islands Government will manage within the park will be perpetually managed according to the Act and that the Virgin Islands' lands will be developed, managed and interpreted according to plans that are consistent with the , 5 park's General Management Plan and other plans that may be officially adopted by the National Park Service. Section 6(d) provides for a 10-year program under which the Secretary would fund the cost of Virgin Islands management employees and other park employees who would participate in a training program in park operations anC management. We support the concept of providing training in park operations and management for Virgin Islands park personnel. I would note, Mr. Chairman, that the most practical way to implement this provision may be pursuant to an Intergovernmental Personnel Act agreement, which would allow us to pay the salaries of the Virgin Islands park personnel while we provide on-the-job training under the supervision of the National Park Service. We have appended to this statement some suggested technical amendments on these and other issues, and we look forward to working with you and your subcommittee to iron out the remaining details. It should be noted that funding for this recommended land authorization would be contingent on Administration budget priorities and Department application of Land and Water Conservation Fund ranking criteria. This legislation would conform with the "Pay-as-you-go" provisions of the Budget Enforcement Act. e. ° 6 Mr. Chairman, thank you for inviting me to give the Department's views on this bill, a bill that could result in the long-term protection of outstanding cultural and natural resources. It is imperative that we act quickly to protect those resources. At this time I would be delighted to answer any questions you might have for me. - e DEPARTMENT OF THE INTERIOR AMENDMENTS TO -.--99, ST. CROIX, VIRGIN ISLANDS, NATIONAL HISTORICAL PARK AND ECOLOGICAL PRESERVE 1. On page 3, lines 15 through 24, strike all of "SEC. 3. DEFINITIONS." and re-number subsequent sections accordingly. 2. On page 4, line 8, strike "Preserve." and insert in lieu thereof "Preserve (hereinafter referred to as the 'park')." 3. On page 4, line 20, strike "Secretary" and insert in lieu thereof "Secretary of the Interior (hereinafter referred to as the 'Secretary')." 4. On page 5, strike lines 9 through 11 and insert in lieu thereof: "(a) IN GENERAL -- The park shall be admininstered pursuant to this Act, the Act entitled 'An Act to establish a National Park Service, and for other purposes, approved August 25, 1916 (39 Stat. 535; 16 U.S.C. 16 1, 2-4), and the Act entitled 'An Act to provide for the preservation of historic American sites, buildings, objects, and antiquities of national significance, and for other purposes', approved August 21, 1935 (49 Stat. 666; 16 U.S.C. 461-467)." 5. On page 5, line 14, strike "Commission" and insert in lieu thereof "St. Croix, Virgin Islands Historical Park and Preserve Commission (hereinafter referred to as the 'Commission') established by Section t, ". 6. On page 5, line 17, at the end of the subsection, insert the r I tl 5.1,14 ctf; 2 following: "Such cooperative agreements shall ensure that bindi commitments are in place whereby lands owned or controlled by the Virgin Islands Government within the boundaries of the park will be developed, managed, and interpreted in accordance with this Act and in accordance with the park's General Management Plan and other plans that may be officially adopted by the National Park Service." -,. On page 5, line 19, strike "enactment of this Act" and insert "funds are made available for such purposes". 8. On page 6, line 14, strike "use" and insert in lieu thereof "study". 9. On page 6, line 23, strike "assessing" and insert in lieu thereof "evaluating the potential for". 10. On page 7, line 6, strike "shall provide the funds" and insert in lieu thereof "may provide, pursuant to the authorities contained in the Intergovernmental Personnel Act (84 Stat. 1909; 5 U.S.C. 3371-3376), the funds". 11. On page 7, line 24, after "lands" insert "and waters". 12. On page 8, line 10, strike "members, as follows:" and insert in lieu thereof "members, to include but not be limited to representatives competent in the fields of history, archeology, natural science, land use planning, and related disciplines, and 3 shall consist of:". 13. On page 8, line 12, strike the period following "officio" and insert in lieu thereof "(or designee)." 14. On page 8, line 13, strike the period following "officio" and insert in lieu thereof "(or designee)." 15. On page 9, line 3, strike "The" and insert in lieu thereof "During the first year of the Commission's existence the Secretary shall serve as Chair. Thereafter, the". it 61. - . ,ST P:Xercx re ecooiee 7119-'1-94 ; 9:54AV 20.392-, :1 2 7.1r 731.nl4.5 12er.r.tt-: Director J. Nat:.cna_ Box 77-.27 2G313-7_i, RE: Virgin Islands National Park :!7'77 7 ex,-. for Conservation Career Develorn'er Corp S:. Virgin Islands. As you probably counselors are college students or recent graduates. For us it was an exposure to a potential employer upon working for the VIrgin Island Nora. Park. some very disturbing and unsettling factors wish with the hope that such deficiencies will be quickly First D. trio managerial were held non-native inoivals who had no roots in t-tf- Because the U.S. Virgin Islands has an SOt believe that it is extremely important that a Virgin be given managerial posItions. second17. TOSt. of the native were position:, as maintenance and Secretarial This not it well when there are available, qua_ fled ".1( found in there already Islands Park Service, which level sf productivity possible. sent a :our to both college and high cncc_ students who virt'r_!tplt'e the summer prom. when they saw e I. "") Augu:st 23, 1940 r`.11 P.O. Box '1,62 St. 1homas, V.I. :1:P01 Fetb Park Service washingtor., D.C. .ear Mr. :a.zics: past ',lad tnx distinct C. .3 1 coins4lor the p-cg.., in Themas, U.S. know, nll of Tan; of complet!on of our ooilege curriculum. While I found which I to coy.' cy iectified. of ali, all positions by white local connunity. black populace, I tew Irlanders 4irgin holding workers. tact does to ce the community. Thirdly, exists racial problems 4ithin the Virgin National contributp to lessening Th.'s situation mo.siage the in that . managerial 3i7.'271 : %!... pasitio:1 SENT BY:xerox Tefecopier 70E1 4111-11-91 ; 9:550 ; Mr. Herb Cables Kean to Cables RE: V.:. National Parr; August 28, 1990 Page Two 2022.2'4 ;11 3 to be possessed by a selected few, tk-linei further perceived these positions to be unattainable. I believe that it would be advisable e to seriously attempt to recruit qualified Virgin Islanders for :managerial positions because they will prove the most capable role et models. Moreover, Virgin Islanders should be trained to assume mr-nanagerrial positions instead of searching throughout the mainland= for someone to whom the islands and their culture are fundanen *tally foreign. As it was the intent of the Jnited Stcaates Congress to tester the recruitment and employment of local Vi _rg:n Islanders for the V.I. National Park, Public Law 95-348-Al'gusast 18, :979, was adopted to say, in pertinent part that The Secretary is authorized a:_nd directed to the maximum. extent feasible to employ and train residents cf the Virgin Islriands to develop, maintain, and administer ti =--le Virgin Islands National ?ark. Pi, 95-348(b). In an overview, I am confident that t:Jiley seriously addressing the concerns : have expressed above the V -irgirt Islands National Park Service will - ,ear more attractive to young as well as older Virgin Islande, alike. Very trilly,your7, Nathalic A. Kean Counselor CCDC _ p / A.,,././4,4, / ' L'. 1 9 V United States Department of the Interior Pill" MEMORANDUM To: OFFICE OF THE SECRETARY WASHINGTON,D.C. 20240 SEP 6 Assistant Secretary - Fish and Wildlife and Parks From: L_Jislative Counsel Subject: Notification of Hearing MO Attached is a letter of invitation to the hearing noted below: House Interior Subcommittee on National Parks and Public Lands (Vento) Hearing on H.R. 2927, to provide for the establishment of the St. Croix, Virgin Islands, Historical Park and Ecological Preserve, and for other purposes September 24, 1991; 10:00 a.m.-- Room 1324 Longworth Please coordinate selection of witness and clearance of statement with attorney, Don Harris on 208-4547. Five copies of the proposed statement surnamed by the appropriate bureau official and your office are due in this office C.O.B. September 16, 1991. The short notice of this hearing demands this close deadline. The office preparing the statement is responsible for transmitting to the Committee 50 copies 24 hours in advance of the hearing and 5 copies to the minority counsel. Fifteen copies of the final statement should also be provided to this office no later than the day of the hearing. Attachment CC: amela E. Somers S CL House DS Harris PMB Robertson FNP Leg. Counsel Hodges Asst. Leg. Counsel CL Leg. History File . 11Illi J..' -4 ile althh./9- GIORC" 4.4111.(01 CALIFORNIA. 04/ORMAN Nan/ S SALMIS PANAMA O9ASA1I0 . sums IAASSACISSAKTTS &UN TOT J INVONIT l10101L VAASA PACS 011 APPALL S MIST VOWS* MAN VINTO WPM! SOT PAT NIL L Mot MONTANA SfvIMT S 5TN011 MAP, LANG &JP M LOGO vTOGIA .I ANDS SAM NAN NON C OTOS C TIC VT MTINM 4011TIKATIA IsisINSLVAISLA ileCIQUID H LI"MA". CAL POPIAA Mll iscKARosoal oftv4 MIK6C0 GI/ORGI 0%/00.1 050411 GIOITOLA N VIA J %.11CL 0111 NO ANA Nina Putout) AK° NIL LIrvIst cALOOPAILA Avis' OwINS k/TAm JOHN LIMPS curlew' 100GHTNOASII CAMPOILL COLA:MACK) PATIO 00 ADO OM FOR MAN 014.10NAv ANA &MINK 14 SAMOA 11,4 0000006 SCARP OAS OT CAAS(IS I SCrulai A NIL* Toes JIM iCONTZ **LANA mine wroa6L,o40 WISSASIA MAAIN. .10111117011 5100,01 LARK LANIOCCO elb000 gouge of tepreffentaillgo Committee on Interior anb insular Affairs iiiatbington. 31D t 20515-6201 September 3, 1991 The Honorable Manuel Lujan, Jr. Secretary Department of the Interior Washington, D.C. 20240 Dear Mr. Secretary: DON YOUNG ALASKA RANKING IIIPUBLICAT" 11I1515111 1105I57 J LAGOMASIA0 CAL 01111sta 0001 NAN INN MOW AAA ANIS v ..ANSI~ LOAN 11111AILA (AA AISOV'Cli NII CA SIM SLAT GUAM JOHN swoops it *NINA 5. OP CAL LIGLT CAL 00m.... S CA PT Aphis °MGM C AAA.. L01MS VVVOISING JOHN CP MC AN Is TIPP"( S Si "SOU, T SC TNNZI TOTS * /041 U. .1Y COL °NANO CNA" VS 1 TA1I CA N. JOAN T DOCK I TT L . 1151111 &L LANO CC CONN OANNIL man, STA./ [WINTON NICNA50 laetrile CSNt SAL °APRIL VAL USN "ORAL< AIS ATM' CMOICTOOL The Subcommittee on National Parks and Public Lands has scheduled a hearing on Tuesday, September 24, 1991 at 10:00 a.m. in 1324 Longworth Building on the following bill: H.R. 2927, a bill to provide for the establishment of the St. Croix, Virgin Islands Historical Park and Ecological Preserve, and for other purposes. At that time, we would appreciate receiving the testimony of a witness able to present the views of your Department on this bill. Please arrange to have fifty copies of the prepared statement delivered to room 812 O'Neill Building, twenty-four hours in advance of the hearing. BFV/cms ly, uce F. Vento Chairman, Subcommittee on National Parks and Public Lands ma' oP fl 1 PAM. 111 NN P. .1 op :411.100 COus. al I. S' . - ; NA United States Department of the Interior AllajcAPRIN OFFICE OF THE SECRETARY WASHINGTON, D.C. 20240 Memorandum sEp 6 1991 To: Bureau Legislative Expediter (F7hJO From: Legislative Counsel Subject: Witness Clearance for Departmental Hearings In order for us to determine the appropriate witness, the following information is requested by: (Due Date) Date i Subject of Hearing ,/c99 A4-1197? Co/Y, V.I. tel/4_ Proposed Witness and Title Reason for Selection of Witness Issues to be addressed in testimony, including proposed position (if position has changed, the reason(s) why, and any possible areas of controversy (PLEASE COMPLETE AND RETURN THIS FORM TO CLC BY DUE DATE) v --- U 9/;/ p,' ". 't Alb SECTION RV SECTION ANALYSTS H.R. 2927 ST. CROIX, VIRGIN ISLANDS HISTORICAL PARK AND ECOLOGICAL PRESERVE SECTION 1. The short title is cited as the "St Croix, Virgin Islands Historical Park and Ecological Preserve Act of 1991". ANALYSIS: W. have 11 objection to this section. SECTION 2. Lists eight "findings" which focus on the historic, prehistoric, and natural resource values of the Salt River Ray. ANALYSIS: We support this section, but suggest that some of the findings be reworded to improve clarity. SECTION Includes definition!, for three terms !"Commission", park". "Secretary") that are a,: ,n the bill. ANALYSTS: We recommend that this section be deleted and the definitions be inserted in the text at appropriate locations. SECTION 4. Section 4(a) formally establishes the park (as of date of enactment) "in order to preserve, protect, and interpret for the benefit of present and future generations certain nationally significant historical, cultural, and natural sites and resources in the Virgin Islands." Section 4(b) defines the park to include approximately I,nin acres (Af land, waters, and interests therein, as depicted on a referenced mutt,. ANALYSIS: We suppo-t the proposed 1),,qodorics. SECTION '7. Authorizes the Secretary to acquire land and interests in land within the park boundary only by donation, purchase with donated or appropriated funds, or exchange. ANALYSIS: We support this section. Section 5(a) also provides that nothing in this section shall be construed to prohibit the Government of the Virgin Islands from acquiring land within the park. - '1. and ANALYSTS: The purpose of this provision is not clear, since neither the Virgin islands Government nor any other public or i:vate entity is ever prohibited from acquiring non Federal lands within a park unit. We do not oppose this provision if the purpose is to put all parties on notice that the Virgin Islands Government intends to be an active participant "partner" in the acquisition and management of segments of the park. Section 51)) describes limitations on the Secretary's authority by stipulating that lands owned by the Virgin Islands, or any political subdivision thereof, may he acquired only by donation or exchange. ANALYSTS! We support this f I ion. Section 5(h) Prohibits the acquisition of lards containing dwelling units as of July 1, 1991, without the consent of the owner." ANALYSIS: We support this section. SECTION 6. Section 6 focuses on administrative matters pertinent ?o the Section G(a` provides that the park he administered pursuant to this Act and to the standards generally applicable units the National System." ANALYSIS. We strongly oppose this wording and recommend that it be amended to make it clear that the park is to be a unit of the National Park System. Section 6(b) authorizes the Secretary to "enter into cooperative agreements with the Virgin Islands for the management of the park and other purposes. ANALYSTS: One potentially serious problem with the bill is that it does not provide any mechanism for ensuring that the Virgin Islands government will administer its land and water areas in accordance with the (IMP, or in a manner that would he compatible with the Park Service's administration of adjacent park lands. We recommend that the legislation require the cooperative agreement include provisions requiring Virgin Islands lands to he perpetually managed as part of the park and that they he managed pursuant to plans that are consistent with the CMP and other park Plans. Section 6(e) requires that a General Management Plan (CMP) he prepared and submitted to the appropriate Committees not later than 3 years after date of enactment. The CMP to describe the appropriate protec.ion, management, uses, and development of the park consistent with the purposes of this Act, and is to include, 2 1 n Li park. to of rark is but not be limited to: (A) Plans for implementation of an interpretive and visitor education program; (B) Proposals for visitor use facilities; (C) Plans for management of the natural and cultural resourLes of the parK; (D; Proposals for assessing the operation and supply of park concessions by qualified Virgin Islands owned businesses; and, (E) Plans for the training of Virgin Islands citizens in park operations and management [see discussion of Section 6(d), below]. ANALYSIS: We recommend that the plan be submitted within of funds being made available for such purposes. It may desirable, also, lo require the Park Service to develop an interim plan to guide activities at the site during the commemoration of the 500th anniversary of Columbus' exploration of the New World. The requirement to include "Proposals for assessing the operation and supply of park concessions by qualified Virgin Islands businesses" is somewhat vague in its worming, but presumably aimed at fostering concession activities by Virgin Islands residents. If in fact that is the aim, then the term "assessing" should be replaced with "evaluating the potential for". should be noted that the National Park Service is required by law in the awarding of concessions --nt' r: A: for r !fl Secretary provide funds for employees of the Virgin Islands Government directly engaged in the joint management of the and under which Virgin Islands citizens would be trained in all Chases of park operations and management. A primary objective of the training program would he to develop employees with the skills necessary to operate and manage a Virgin Islands Territorial Park System. ANALYSIS: While we support the concept of a training program to develop skilled employees, we are concerned that the provision ns written would invite management inefficiency as parallel management structures operated, perhaps at cross purposes, within a relatively small park unit. The could be undertaken pursuant to an Intergovernmental Personnel Act Agreement, which would allow the NPS to pay the salaries of the Virgin Islands park personnel while they received on the job operations and management training under the supervision of the NPS. Section C(p) would allow the Secretary to transfer within the Interior Department administrative jurisdiction over portions of the park. This provision anticipates the Secretary transferring management responsibility for the Salt River mangrove swamp to the Fish and Wildlife Service. ANALYSIS: We support this section. 3 years be owned is It to abide Federal Section provides year program under which the shall park, training SFCTTON 7. Section 7 creates an advisory commission and defines the way it is to do business. Section 7(a) formally establishes the Commission. Section 7(b) assigns the Commission duties, which include: making recommendations on how all lands within the park boundaries can be jointly managed by the Federal and Virgin Islands governments; consulting with the Secretary on the development of the GM!), and providing advi,, and recommendations to Virgin Islands government (upon request'. ANALYSIS: We support this section. Section 7(r) defines the composition of the commission 7 10 member::, including the Governor of the Secretary, four members appointed by the Secretary, members least one of whom shall be a member of Islands Legislature) appointed by the Secretary from a list provided by the Governor. ANALYSTS: Diversity and competence on the commission could ' better ensured if qualifications were stipulated in the bill Also, it would he helpful to explicity state in the bill that Governor and the Secretary may designate alternates to represent them at meetings when they are unable to attend. Section 7(d) stipulates that members appointed by the serve for a period of four years. Those members may the expiration of their term until a successor is appoint, Vacancies are to be filled in the same manner as the appointment and shall be filled within 60 days after the expiration of the term. ANALYSIS: We support this section. Section 7(e) would have the chairmanship alternate between the Secretary and the Governor. All other officers are to he elected by a majority of the members. ANALYSIS: We recommend that this subsection he amended te clarify who would serve first as chairman. Section 7(f) requires that the Commission meet on regular or at the call of he Chair, and that the meetings be conducive to public involvement. ANALYSTS: We support this section. Section 7(g) contains the language pertaining to Commission expenses that is usually included in park bills. Fach member may he paid travel expenses, including per diem. Members who are full time officers or employees of the United States the Virgin Islands government may not receive additional pay, 1 r to Virgin Islands, the and four (at the Virgin the Secretary serve after original annually a basis or ti allowances or benefits by reason of their service on the Commission. Section 5703 of Title 5, USC, would govern on issues related to travel expenses. One additional, and noteworthy, provision ,)f this hill is !I instructs the Secretary to provide the Commission with a budge, for travel expenses and staff, and guidelines by which expenditures are to he accounted for. ANALYSIS: We support thin Section 7(h) makes the Commission subject to the provisions of he Federal Advisory Committee Act, except for section 11(b of that Act (pertaining to charter renewal), and except as otherwise provided for in this bill. ANALYSIS: We support this section. Section 7(i) contains standard language rousing the commission to expire after 10 years unless the Secretary determines at that time that the Commission's function is still valid. ANALYSIS: We, support this. section. '117CT!ON 8. This section .tutiwt sums as mny be necessary to carry out this Act. t. ANALYSTS: We support this section. t i Ole I" such - it section. It. 5 ar IN REPLY REFER TO A23(SER-PC) Memorandum United States Department of the Interior NATIONAL PARK SERVICE SOUTHEAST REGIONAL OFFICE 75 Spring Street, S W Atlanta, George 30303 MO To: Assistant Director, Legislative and Congressional Affairs, WASO From: Regional Director, Southeast Region Subject: Comments on H.R. 2927, a bill to provide for the establishment of the St. Croix, Virgin Islands Historical Park and Ecological Preserve OM We offer these comments on the subject bill with the knowledge that the relationship between the United States and the Territorial Government of the Virgin Islands may preempt the technical concerns of the National Park Service. Two sections of the bill are of a major concern to us. These address the duties and staffing of the commission and certain aspects of the ownership and management of the preserve. Our specific concerns have been shared with the WASO staff. If you have any questions regarding our -)mments, please direct them to Tom Brown at FTS 841-2608. C' c() ((.2./CiL ADP t A 129, .1.1Nal .111=11 mamaMMI