CABIN SITE PURCHASE LAW FOR CANYON FERRY RESERVOIR, MONTANA

III. CABIN SITE PURCHASE LAW FOR CANYON FERRY RESERVOIR, MONTANA[1] SECTION 1001. FINDINGS. Congress finds that the conveyance of the properties described in section 1004(b) to the lessees of those properties for fair market value would have the beneficial results of- (1) reducing Pick-Sloan project debt for the Canyon Ferry Unit; (2) providing a permanent source of funding to acquire publicly accessible land and interests in land, including easements and conservation easements, in the State from willing sellers at fair market value to- (A) restore and conserve fisheries habitat, including riparian habitat; (B) restore and conserve wildlife habitat; (C) enhance public hunting, fishing, and recreational opportunities; and (D) improve public access to public land; (3) eliminating Federal payments in lieu of taxes and associated management expenditures in connection with the Federal Government's ownership of the properties while increasing local tax revenues from the new owners; and (4) eliminating expensive and contentious disputes between the Secretary and leaseholders while ensuring that the Federal Government receives full and fair value for the properties. SEC 1002. PURPOSES. The purposes of this Act are to- (1) establish terms and conditions under which the Secretary of the Interior shall, for fair market value, convey certain properties around Canyon Ferry Reservoir, Montana, to private parties; and (2) acquire certain land for fish and wildlife conservation purposes. SEC 1003. DEFINITIONS. In this Act: (1) CANYON FERRY-BROADWATER COUNTY TRUST.-The term "Canyon Ferry-Broadwater County Trust" means the Canyon Ferry-Broadwater County Trust established under section 1008. (2) CFRA.-The term "CFRA" means the Canyon Ferry Recreation Association, Incorporated, a Montana corporation. (3) COMMISSIONERS.-The term "Commissioners" means the Board of Commissioners for Broadwater County, Montana. (4) INDIVIDUAL PROPERTY PURCHASER--The term ‘individual property purchaser’, with respect to an individual cabin site described in section 1004(b), means a person (including CFRA or a lessee) that purchases a cabin site. (5) LEASE -The term “lease" means a lease or permit in effect on the date of enactment of this Act that gives a leaseholder the right to occupy a property. (6) LESSEE - The term “lessee" means-- (A) the leaseholder of 1 of the properties on the date of enactment of this Act; and (B) the leaseholder's heirs, executors, and assigns of the leasehold interest in the property. (7) MONTANA FISH AND WILDLIFE CONSERVATION TRUST-The term "Montana Fish and Wildlife Conservation Trust" means the Montana Fish and Wildlife Conservation Trust established under section 1007. (8) PROJECT The term "project" means the Canyon Ferry Unit of the Pick-Sloan Missouri River Basin Project. (9) PROPERTY - (A) IN GENERAL - The term "property" means 1 of the cabin sites described in section 1004(b). (B) USE IN THE PLURAL - The term "properties" means all 265 of the properties and any contiguous parcels referred to in section 1004(b)(1)(B). (10) PURCHASER - The term "purchaser" means a person or entity, excluding CFRA or a lessee, that purchases the properties under section 104. (11) RESERVOIR - The term "Reservoir" means the Canyon Ferry Reservoir, Montana. (12) SECRETARY - The term "Secretary" means the Secretary of the Interior. (13) STATE - The term "State" means the State of Montana. SEC. 1004. SALE OF PROPERTIES. (a) In GENERAL - Consistent with the Act of June 17, 1902 (32 Stat. 388, chapter 1093) and Acts supplemental to and amendatory of that Act (43 U.S.C. 371 et seq.), the Secretary shall convey to CFRA or a purchaser- (1) all right, title, and interest (except the mineral estate) of the United States in and to the properties, subject to valid existing rights and the operational requirements of the Pick-Sloan Missouri River Basin Program; and (2) perpetual easements for- (A) vehicular access to each property; (B) access to and use of 1 dock per property; and (C) access to and use of all boathouses, ramps, retaining walls, and other improvements for which access is provided in the leases as of the date of enactment of this Act. (b) DESCRIPTION OF PROPERTIES - (1) IN GENERAL - The properties to be conveyed are-- (A) the 265 cabin sites of the Bureau of Reclamation located along the northern end of the Reservoir in portions of sections 2, 11, 12, 13, 15, 22, and 26, Township 10 North, Range 1 West; and (B) any small parcel contiguous to any property (not including shoreline or land needed to provide public access to the shoreline of the Reservoir) that the Secretary determines should be conveyed in order to eliminate an inholding and facilitate administration of surrounding land remaining in Federal ownership. (2) ACREAGE; LEGAL DESCRIPTION - The acreage and legal description of each property and of each parcel shall be determined by the Secretary in consultation with CFRA. (3) RESTRICTIVE USE COVENANT - (A) In General - In order to maintain the unique character of the Reservoir area, the Secretary, the purchaser, CFRA and each subsequent owner of each property shall covenant that the use restrictions to carry out subparagraphs (B) and (C) shall-- (i) be appurtenant to, and run, with each property; and (ii) be binding on each subsequent owner of each property. (B) ACCESS TO RESERVOIR.- (i) IN GENERAL.-The Secretary, the purchaser, CFRA, and the subsequent owner of each property shall ensure that– (I) public access to and along the shoreline of the Reservoir in existence on the date of enactment of this Act is not obstructed; and (II) adequate public access to and along the shoreline of the Reservoir is maintained. (ii) FEDERAL RECLAMATION LAW.- (I) IN GENERAL - No conveyance of property under this Act shall restrict or limit the authority or ability of the Secretary to fulfill the duties of the Secretary under the Act of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts supplemental to and amendatory of that Act (43 U.S.C. 371 et seq.). (II) NO LIABILITY - The operation of the Reservoir by the Secretary in fulfillment of the duties described in subclause (I) shall not result in liability for damages, direct or indirect, to the owner of any property conveyed under section 1004(a) or damages from any loss of use or enjoyment of the property. (C) HISTORICAL USE - The Secretary, the purchaser, CFRA, and each subsequent owner of each property shall covenant that future uses of the property shall be limited to the type and intensity of uses in existence on the date of enactment of this Act, as limited by the prohibitions contained in the annual operating plan of the Bureau of Reclamation for the Reservoir in effect on October 1, 1998. (c). PURCHASE PROCESS - (1) IN GENERAL -The Secretary shall-- (A) solicit sealed bids for the properties; (B) subject to paragraph (2), sell the properties to the bidder that submits the highest bid above the minimum bid determined under paragraph(2); (C) not accept any bid for less than all of the properties in 1 transaction. (2)MINIMUM BID - (A) In GENERAL - Before accepting bids, the Secretary shall establish a minimum bid, which shall be equal to the fair market value of the properties determined by an appraisal of each property, exclusive of the value of private improvements made by the leaseholders before the date of the conveyance, in conformance with the Uniform Appraisal Standards for Federal Land Acquisition. (B) APPRAISAL - (i) IN GENERAL - The appraisal under subparagraph (A) shall use the Canyon Ferry Cabin Site appraisal with a completion date of March 29, 1999, and amended June 11, 1999, with an effective date of valuation of October 15, 1998, for the Bureau of Reclamation, on the conditions stated in this subparagraph. (ii) MODIFICATIONS - The contract appraisers that conducted the original appraisal having an effective date of valuation of October 15, 1998, for the Bureau of Reclamation shall make appropriate modifications to permit recalculation of the lot values established in the original appraisal into an updated appraisal, the function of which shall be to provide market values for the sale of each of the 265 Canyon Ferry Cabin site lots. (iii) CHANGES IN PROPERTY CHARACTERISTICS - If there are any changes in the characteristic of a property that form part of the basis of the updated appraisal (including a change in size, easement considerations, or updated analyses of the physical characteristics of a lot), the contract appraisers shall make an appropriate adjustment to the updated appraisal. (iv) UPDATING - Subject to the approval of CFRA and the Secretary, the fair market values established by the appraisers under this paragraph may be further updated periodically by the contract appraisers through appropriate market analyses. (v) RECONSIDERATION - The Bureau of Reclamation and the 265 Canyon Ferry cabin owners have the right to seek reconsideration, before commencement of the updated appraisal, of the assumptions that the appraisers used in arriving at the fair market values derived in the original appraisal. (vi) CONTINUING VALIDITY - To the extent consistent with the Uniform Appraisal Standards for Federal Land Acquisition, the October 15, 1998, Canyon Ferry Cabin Site original appraisal, as provided for in this paragraph, shall remain valid for use by the Bureau of Reclamation in the sale process for a period of not less than 3 years from the date of completion of the updated appraisal. (vii) APPLICABILITY - This subparagraph shall apply to the extent that its application is practicable and consistent with the uniform Appraisal Standards for Federal Land Acquisition. (3) RIGHT OF FIRST REFUSAL - IF the highest bidder is other than CFRA, CFRA shall have the right to match the highest bid and purchase the properties at a price equal to the amount of the highest bid. (d) TERMS OF CONVEYANCE - (1) PURCHASER - If the highest bidder is other than CFRA and CFRA does not match the highest bid, the following shall apply: (A) PAYMENT - The purchaser shall pay the amount bid to the Secretary for distribution in accordance with section 6. (B) CONVEYANCE - The Secretary shall convey the properties to the purchaser. (C) OPTION TO PURCHASE - The purchaser shall give each lessee of a property conveyed under this section an option to purchase the property at fair market value, as determined under subsection (c) (2). (D) NONPURCHASING LESSEES - (i) RIGHT TO CONTINUE LEASE - A lessee that is unable or unwilling to purchase a property shall be provided the opportunity to continue to lease the property for fair market value rent under the same terms and conditions as apply under the existing lease for the property, and shall have the right to renew the term of the existing lease for 2 consecutive 5-year terms. (ii) COMPENSATION FOR IMPROVEMENTS - If a lessee declines to purchase a property, the purchaser shall compensate the lessee for the fair market value, as determined pursuant to customary appraisal procedures, of all improvements made to the property by the lessee. The lessee may sell the improvements to the purchaser at any time, but the sale shall be completed by the final termination of the lease, after all renewals under clause (I). (iii) REMAINING LEASES - (I) CONTINUATION OF LEASES - The remaining lessees shall have a right to continue leasing through August 31, 2014. (II) RIGHT TO CLOSE - The remaining leases shall have the right to close under the terms of the sale at any time before August 31, 2014. On termination of the lease either by expiration under the terms of the lease or by violation of the terms of the lease, all personal property and improvements will be removed, and the cabin site shall remain in Federal ownership. (2) CFRA - If CFRA is the highest bidder or matches the highest bid or if no one (including CFRA) bids, the following shall apply: (A) CLOSING - On receipt of a purchase request from a lessee or CFRA, the Secretary shall close on the property and prepare all other properties for closing within 45 days. (B) PAYMENT - At the closing for a property- (i) the lessee or CFRA shall deliver to the Secretary payment for the property, which the secretary shall distribute in accordance with section 6; and (ii) the Secretary shall convey the property to the lessee or CFRA. (C) APPRAISAL - The Secretary shall determine the purchase amount of each property based on the appraisal conducted under subsection (c)(2), the amount of the bid under subsection (c)(1), and the proportionate share of administrative costs pursuant to subsection (e). The total purchase amount for all properties shall equal the total bid amount plus administrative costs under subsection (e). (D) TIMING - CFRA and the lessees shall purchase at least 75 percent of the properties not later than August 1 of the year that begins at least 12 months 36 months after title to the first property is conveyed by the Secretary to a lessee. If the requirement of the preceding sentence is not met, CFRA may close on all remaining cabin sites or up to the 75 percent requirement. If CFRA does not exercise either such option, the Secretary shall conduct another sale for the remaining cabin sites to close immediately, with proceeds distributed in accordance with section 1008. (E) RIGHT TO RENEW - The Secretary shall afford the lessees who have not purchased properties under this section the right to renew the term of the existing lease for 2 (but not more than 2) consecutive 5-year terms. (F) REIMBURSEMENT - A lessee shall reimburse CFRA for a proportionate share of the costs to CFRA of completing the transactions contemplated by this Act, including any interest charges. (G) RENTAL PAYMENTS - All rent received from the leases shall be distributed by the Secretary in accordance with section 1006. (e) ADMINISTRATIVE COSTS - (1) ALLOCATION OF FUNDING - The Secretary shall allocate all funding necessary to conduct the sales process for the sale of property under this title. (2) REIMBURSEMENT - Any reasonable administrative costs incurred by the Secretary (including the costs of survey and appraisals incident to the conveyance under subsection (a)) shall be proportionately reimbursed by the property owner a the time of closing. (f) TIMING - The Secretary shall- (1) immediately begin preparing for the sales process on enactment of this Act; and (2) not later than 1 year after the date of enactment of this Act, in accordance with all applicable law, begin conveying the property described in subsection (b). (g) CLOSINGS - Real estate closings to complete the conveyance under subsection (a) may be staggered to facilitate the conveyance as agreed to by the Secretary and the purchaser or CFRA. (h) CONVEYANCE TO LESSEE - If a lessee purchases a property from the purchaser or CFRA, the Secretary, at the request of the lessee, shall have the conveyance documents prepared in the name or names of the lessee so as to minimize the amount of time and number of documents required to complete the closing for the property. SEC. 1005. AGREEMENT. (a) MANAGEMENT OF SILOS CAMPGROUND - Not later than 180 days after the date of enactment of this Act, the Secretary, acting through the Commissioner of Reclamation, shall- (1) offer to contract with the, Commissioners to manage the Silos campground (2) enter into such a contract if agreed to by the Secretary and the Commissioners; and (3) grant necessary easements for access roads within and adjacent to the Silos campground. (b) CONCESSION INCOME - Any income generated by any concession that may be granted by the Commissioners at the Silos recreation area- (1) shall be deposited in the Canyon Ferry-Broadwater County Trust; and (2) may be disbursed by the Canyon Ferry-Broadwater County Trust manager as part of the income of the Trust. SEC. 1006. USE OF PROCEEDS. Notwithstanding any other provision of law, proceeds of conveyances under this Act shall be available, without further Act of appropriation, as follows: (1) 10 percent of the proceeds shall be applied by the Secretary of the Treasury to reduce the outstanding debt for the Pick-Sloan project at the Reservoir. (2) 90 percent of the proceeds shall be deposited in the Montana Fish and Wildlife Conservation Trust. SEC. 1007 MONTANA FISH AND WILDLIFE CONSERVATION TRUST. (a) ESTABLISHMENT - The Secretary, in consultation with the State congressional delegation and the Governor of the State, shall establish a nonprofit charitable permanent perpetual public trust in the State, to be known as the "Montana Fish and Wildlife Conservation Trust" (referred to in this section as the "Trust"). (b) PURPOSE - The purpose of the Trust shall be to provide a permanent source of funding to acquire publicly accessible land and interests in land, including easements and conservation easements, in the State from willing sellers at fair market value to- (1) restore and conserve fisheries habitat, including riparian habitat; (2) restore and conserve wildlife habitat; (3) enhance public hunting, fishing, and recreational opportunities; and (4) improve public access to public land. (c) ADMINISTRATION - (1) TRUST MANAGER - The Trust shall be managed by a trust manager (referred to in this section as the `trust manager'), who- (A) shall be, responsible for investing the corpus of the Trust; and (B) shall disburse funds from the Trust on receiving a request for disbursement from a majority of the members of the Joint State-Federal Agency Board established under paragraph (2) and after determining, in consultation with the Citizen Advisory Board established under paragraph (3) and after consideration of any comments submitted by members of the public, that the request meets the purpose of the Trust under subsection (b) and the requirements of subsections (d) and (e). (2) JOINT STATE-FEDERAL AGENCY BOARD - (A) ESTABLISHMENT - There is established a Joint State-Federal Agency Board (referred to in this section as the `Joint State-Federal Agency Board'), which shall consist of-- (i) 1 Forest Service employee employed in the State designated by the Forest Service; (ii) 1 Bureau of Land Management employee employed in the State designated by the Bureau of Land Management; (iii) 1 Bureau of Reclamation employee employed in the State designated by the Bureau of Reclamation; (iv) 1 United States Fish and Wildlife Service employee employed in the State designated by the United States Fish and Wildlife Service; and (v) 1 Montana Department of Fish, Wildlife and Parks employee designated by the Department. (B) REQUESTS FOR DISBURSEMENT - After consulting with the Citizen Advisory Board established under paragraph (3) and after consideration of the Trust plan prepared under paragraph (3)(C) and of any comments or requests submitted by members of the public, the Joint State-Federal Agency Board, by a vote of a majority of its members, may submit to the Trust Manager a request for disbursement if the Board determines that the request meets the purpose of the Trust. (3) CITIZEN ADVISORY BOARD - (A) IN GENERAL - The Secretary shall nominate, and the Joint State-Federal Agency Board shall approve by a majority vote, a Citizen Advisory Board (referred to in this section as the ‘Citizen Advisory Board’). (B) MEMBERSHIP - The Citizen Advisory Board shall consist of 4 members, including 1 with a demonstrated commitment to improving public access to public land and to fish and wildlife conservation, from each of- (i) a Montana organization representing agricultural landowners; (ii) a Montana organization representing hunters; (iii) a Montana organization representing fishermen; and (iv) a Montana nonprofit land trust or environmental organization. (C) DUTIES - The Citizen Advisory Board, in consultation with the Joint State-Federal Agency Board and the Montana Association of Counties, shall prepare and periodically update a Trust plan including recommendations for requests for disbursement by the Joint State-Federal Agency Board. (D) OBJECTIVES OF PLAN - The Trust plan shall be designed to maximize the effectiveness of Montana Fish and Wildlife Conservation Trust expenditures considering- (i) public, needs and requests; (ii) availability of property; (iii) alternative sources of funding; and (iv) availability of matching funds. (4) PUBLIC NOTICE AND COMMENT - Before requesting any disbursements under paragraph (2), the Joint State-Federal Agency Board shall- (A) notify members of the public, including local governments; and (B) provide opportunity for public comment (d) USE. - (1) PRINCIPAL - The principal of the Trust shall be inviolate. (2) EARNINGS - Earnings on amounts in the Trust shall be used to carry out subsection (b) and to administer the Trust and Citizen Advisory Board. (3) LOCAL PURPOSES - Not more than 50 percent of the income from the Trust in any year shall be used outside the watershed of the Missouri River in the State, from Holter Dam upstream to the confluence of the Jefferson River, Gallatin River, and Madison River. (e) MANAGEMENT - Land and interests in land acquired under this section shall be managed for the purpose described in subsection (b). (f) RECREATION TRUST AGREEMENT - (1) IN GENERAL - The Trust, acting through the trust manager, in consultation with the Joint State-Federal Agency Board and the Citizen Advisory Board, shall enter into a legally enforceable agreement with CFRA (referred to in this section as the `Recreation Trust Agreement'). (2) CONTENTS - The Recreation Trust Agreement shall provide that-- (A) on receipt of proceeds of the sale of a property under section 1004, the Trust shall loan up to $3,000,000 of the proceeds to CFRA; (B) CFRA shall deposit all funds borrowed under subparagraph (A) in the Canyon Ferry-Broadwater County Trust; (C) CFRA and the individual purchasers shall repay the principal of the loan to the Trust as soon as reasonably practicable in accordance with a repayment schedule specified in the loan agreement; and (D) until such time as the principal is repaid in full, CFRA and the individual purchasers shall make an annual interest payment on the outstanding principal of the loan to the Trust at an interest rate determined in accordance with paragraph (4)(C). (3) TREATMENT OF INTEREST PAYMENTS - All interest payments received by the Trust under paragraph (2)(D) shall be treated as earnings under subsection (d)(2). (4) FIDUCIARY RESPONSIBILITY - In negotiating the Recreation Trust Agreement, the trust manager shall act in the best interests of the Trust to ensure-- (A) the security of the loan; (B) timely repayment of the principal; and (C) payment of a fair interest rate, of not less than 6 nor more than 8 percent per year, based on the length of the term of a loan that is comparable to the term of a traditional home mortgage. (g) RESTRICTION ON DISBURSEMENT - Except as provided in subsection (f), the trust manager shall not disburse any funds from the Trust until August 1, 2001, as provided for in the Recreation Trust Agreement, unless Broadwater County, at an earlier date, certifies that the Canyon Ferry-Broadwater County Trust has been fully funded in accordance with this title. (h) CONDITION TO SALE - No closing of property under section 1004 shall be made until the Recreation Trust Agreement is entered into under subsection (f). SEC. 1008. CANYON FERRY-BROADWATER COUNTY TRUST. (a) ESTABLISHMENT - The Commissioners shall establish a nonprofit charitable permanent perpetual public trust to be known as the "Canyon Ferry-Broadwater County Trust" (referred to in this section as the "Trust"). (b) PRIORITY OF TRUST ESTABLISHMENT - (1) AGREEMENT - (A) CONDITION TO SALE - No closing of property under section 1004 shall be made until CFRA and Broadwater County enter into a legally enforceable agreement (referred to in this paragraph as the ` Contributions Agreement') concerning contributions to the Trust. (B) CONTENTS - The Contributions Agreement shall require that on or before August 1, 2001, CFRA shall ensure that $3,000,000 in value is deposited in the Canyon Ferry-Broadwater County Trust from 1 or more of the following sources (i) Direct contributions made by the purchasers on the sale of each cabin site. (ii) Annual contributions made by the purchasers. (iii) All other monetary contributions. (iv) In-kind contributions, subject to the approval of the County. (v) All funds borrowed by CFRA under section 1007(f). (vi) Assessments made against the cabin sites made under a county park district or any similar form of local government under the laws of the State of Montana. (vii) Any other contribution, subject to the approval of the County. (2) ALTERNATIVE FUNDING SOURCE - If CFRA agrees to form a county park district under section 7-16-2401 et seq., of the Montana Code Annotated, or any other similar form of local government under the laws of the State of Montana, for the purpose of providing funding for the Trust pursuant to the Contributions Agreement, CFRA and Broadwater County may amend the Contributions Agreement as appropriate, so long as the monetary obligations of individual property purchases under the Contributions Agreement as amended are substantially similar to those specified in paragraph (1). (3) IN-KIND CONTRIBUTIONS - (A) IN GENERAL - In-kind contributions- (i) shall be approved in advance by the Commissioners; (ii)shall be made in Broadwater County; (iii)shall be related to the improvement of access to the portions of the Reservoir lying within Broadwater County or to the creation and improvement of new and existing recreational areas within Broadwater County; and (iv) shall not include any contribution made by Broadwater County. (B) APPROVAL - Approval by the Commissioners of an in-kind contribution under subparagraph (A) shall include approval of the value, nature, and type of the contribution and of the entity that makes the contribution. (c) TRUST MANAGEMENT - (1) TRUST MANAGER - The Trust shall be managed by a nonprofit foundation or other independent trustee to be selected by the Commissioners. (2) USE - The Trust manager shall invest the corpus of the Trust and disburse funds as follows: (A) PRINCIPAL - A sum not to exceed $500,000 may be expended from the corpus to pay for the planning and construction of a harbor at the Silos recreation area. (B) INTEREST - The balance of the Trust shall be held and the income shall be expended annually for the improvement of access to the portions of the Reservoir lying within Broadwater County, Montana, and for the creation and improvement of new and existing recreational areas within Broadwater County. (3) DISBURSEMENT - The Trust manager- (A) shall approve or reject any request for disbursement; and (B) shall not make any expenditure except on the recommendation of the advisory committee established under subsection (d). (d) ADVISORY COMMITTEE - (1) ESTABLISHMENT - The Commissioners shall appoint an advisory committee consisting of not fewer than 3 nor more than 5 persons. (2) DUTIES - The advisory committee shall meet on a regular basis to establish priorities and make requests for the disbursement of, funds to the Trust manager. (3) APPROVAL BY THE COMMISSIONERS - The advisory committee shall recommend only such expenditures as are approved by the Commissioners. (e) NO OFFSET - Neither the corpus nor the income of the Trust shall be used to reduce or replace the regular operating expenses of the Secretary at the Reservoir, unless approved by the Commissioners. SEC. 1009. AUTHORIZATION. (a) IN GENERAL -The Secretary is authorized to- (1) investigate, plan, construct, operate, and maintain public recreational facilities on land withdrawn or acquired for the development of the project; (2) conserve the scenery, the natural historic, paleontologic, and archaeologic objects, and the wildlife on the land; (3) provide for public use and enjoyment of the land and of the water areas created by the project by such means as are consistent with but subordinate to the purposes of the project; and (4) investigate, plan, construct, operate, and maintain facilities for the conservation of fish and wildlife resources. (b) COSTS - The costs (including operation and maintenance costs) of carrying out subsection (a) shall be nonreimbursable and nonreturnable under Federal reclamation law. Webiste Note from BKBH: This statute was originally enacted on October 22, 1998 [P.L.105-277; 112 STAT. 2681, pp. 710 - 718]; it was amended on November 29, 1999 [P.L.106-113; 113 STAT. 1501A, pp. 307-311]; and it was further amended on October 27, 2000 [PL 106-377; 114 STAT. 1441A, pp. 69-70]