II

Calendar No. 183

106TH CONGRESS

1ST SESSION S. 1292

[Report No. 106–99]

Making appropriations for the Department of the Interior and related agencies

for the fiscal year ending September 30, 2000, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JUNE 28, 1999

Mr. GORTON, from the Committee on Appropriations, reported the following

original bill; which was read twice and placed on the calendar

A BILL

Making appropriations for the Department of the Interior

and related agencies for the fiscal year ending September

30, 2000, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 That the following sums are appropriated, out of any

4 money in the Treasury not otherwise appropriated, for the

5 Department of the Interior and related agencies for the

6 fiscal year ending September 30, 2000, and for other pur7 poses, namely:
2

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1 TITLE I—DEPARTMENT OF THE INTERIOR

2 BUREAU OF LAND MANAGEMENT

3 MANAGEMENT OF LANDS AND RESOURCES

4 For expenses necessary for protection, use, improve5 ment, development, disposal, cadastral surveying, classi6 fication, acquisition of easements and other interests in

7 lands, and performance of other functions, including main8 tenance of facilities, as authorized by law, in the manage9 ment of lands and their resources under the jurisdiction

10 of the Bureau of Land Management, including the general

11 administration of the Bureau, and assessment of mineral

12 potential of public lands pursuant to Public Law 96–487

13 (16 U.S.C. 3150(a)), $634,321,000, to remain available

14 until expended, of which $2,147,000 shall be available for

15 assessment of the mineral potential of public lands in

16 Alaska pursuant to section 1010 of Public Law 96–487

17 (16 U.S.C. 3150); and of which not to exceed $1,000,000

18 shall be derived from the special receipt account estab19 lished by the Land and Water Conservation Act of 1965,

20 as amended (16 U.S.C. 460l–6a(i)); and of which

21 $1,500,000 shall be available in fiscal year 2000 subject

22 to a match by at least an equal amount by the National

23 Fish and Wildlife Foundation, to such Foundation for

24 cost-shared projects supporting conservation of Bureau

25 lands; in addition, $33,529,000 for Mining Law Adminis-
3

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1 tration program operations, including the cost of admin2 istering the mining claim fee program; to remain available

3 until expended, to be reduced by amounts collected by the

4 Bureau and credited to this appropriation from annual

5 mining claim fees so as to result in a final appropriation

6 estimated at not more than $634,321,000, and

7 $2,000,000, to remain available until expended, from com8 munication site rental fees established by the Bureau for

9 the cost of administering communication site activities:

10 Provided, That appropriations herein made shall not be

11 available for the destruction of healthy, unadopted, wild

12 horses and burros in the care of the Bureau or its contrac13 tors.

14 WILDLAND FIRE MANAGEMENT

15 For necessary expenses for fire preparedness, sup16 pression operations, emergency rehabilitation and haz17 ardous fuels reduction by the Department of the Interior,

18 $287,305,000, to remain available until expended, of

19 which not to exceed $5,025,000 shall be for the renovation

20 or construction of fire facilities: Provided, That such funds

21 are also available for repayment of advances to other ap22 propriation accounts from which funds were previously

23 transferred for such purposes: Provided further, That un24 obligated balances of amounts previously appropriated to

25 the ‘‘Fire Protection’’ and ‘‘Emergency Department of the

26 Interior Firefighting Fund’’ may be transferred and
4

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1 merged with this appropriation: Provided further, That

2 persons hired pursuant to 43 U.S.C. 1469 may be fur3 nished subsistence and lodging without cost from funds

4 available from this appropriation: Provided further, That

5 notwithstanding 42 U.S.C. 1856d, sums received by a bu6 reau or office of the Department of the Interior for fire

7 protection rendered pursuant to 42 U.S.C. 1856 et seq.,

8 Protection of United States Property, may be credited to

9 the appropriation from which funds were expended to pro10 vide that protection, and are available without fiscal year

11 limitation.

12 CENTRAL HAZARDOUS MATERIALS FUND

13 For necessary expenses of the Department of the In14 terior and any of its component offices and bureaus for

15 the remedial action, including associated activities, of haz16 ardous waste substances, pollutants, or contaminants pur17 suant to the Comprehensive Environmental Response,

18 Compensation, and Liability Act, as amended (42 U.S.C.

19 9601 et seq.), $10,000,000, to remain available until ex20 pended: Provided, That notwithstanding 31 U.S.C. 3302,

21 sums recovered from or paid by a party in advance of or

22 as reimbursement for remedial action or response activi23 ties conducted by the Department pursuant to section 107

24 or 113(f) of such Act, shall be credited to this account

25 to be available until expended without further appropria26 tion: Provided further, That such sums recovered from or
5

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1 paid by any party are not limited to monetary payments

2 and may include stocks, bonds or other personal or real

3 property, which may be retained, liquidated, or otherwise

4 disposed of by the Secretary and which shall be credited

5 to this account.

6 CONSTRUCTION

7 For construction of buildings, recreation facilities,

8 roads, trails, and appurtenant facilities, $12,418,000, to

9 remain available until expended.

10 PAYMENTS IN LIEU OF TAXES

11 For expenses necessary to implement the Act of Octo12 ber 20, 1976, as amended (31 U.S.C. 6901–6907),

13 $130,000,000, of which not to exceed $400,000 shall be

14 available for administrative expenses: Provided, That no

15 payment shall be made to otherwise eligible units of local

16 government if the computed amount of the payment is less

17 than $100.

18 LAND ACQUISITION

19 For expenses necessary to carry out sections 205,

20 206, and 318(d) of Public Law 94–579, including admin21 istrative expenses and acquisition of lands or waters, or

22 interests therein, $17,400,000, to be derived from the

23 Land and Water Conservation Fund, to remain available

24 until expended.
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1 OREGON AND CALIFORNIA GRANT LANDS

2 For expenses necessary for management, protection,

3 and development of resources and for construction, oper4 ation, and maintenance of access roads, reforestation, and

5 other improvements on the revested Oregon and California

6 Railroad grant lands, on other Federal lands in the Or7 egon and California land-grant counties of Oregon, and

8 on adjacent rights-of-way; and acquisition of lands or in9 terests therein including existing connecting roads on or

10 adjacent to such grant lands; $99,225,000, to remain

11 available until expended: Provided, That 25 percent of the

12 aggregate of all receipts during the current fiscal year

13 from the revested Oregon and California Railroad grant

14 lands is hereby made a charge against the Oregon and

15 California land-grant fund and shall be transferred to the

16 General Fund in the Treasury in accordance with the sec17 ond paragraph of subsection (b) of title II of the Act of

18 August 28, 1937 (50 Stat. 876).

19 FOREST ECOSYSTEMS HEALTH AND RECOVERY FUND

20 (REVOLVING FUND, SPECIAL ACCOUNT)

21 In addition to the purposes authorized in Public Law

22 102–381, funds made available in the Forest Ecosystem

23 Health and Recovery Fund can be used for the purpose

24 of planning, preparing, and monitoring salvage timber

25 sales and forest ecosystem health and recovery activities
7

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1 such as release from competing vegetation and density

2 control treatments. The Federal share of receipts (defined

3 as the portion of salvage timber receipts not paid to the

4 counties under 43 U.S.C. 1181f and 43 U.S.C. 1181f–

5 1 et seq., and Public Law 103–66) derived from treat6 ments funded by this account shall be deposited into the

7 Forest Ecosystem Health and Recovery Fund.

8 RANGE IMPROVEMENTS

9 For rehabilitation, protection, and acquisition of

10 lands and interests therein, and improvement of Federal

11 rangelands pursuant to section 401 of the Federal Land

12 Policy and Management Act of 1976 (43 U.S.C. 1701),

13 notwithstanding any other Act, sums equal to 50 percent

14 of all moneys received during the prior fiscal year under

15 sections 3 and 15 of the Taylor Grazing Act (43 U.S.C.

16 315 et seq.) and the amount designated for range improve17 ments from grazing fees and mineral leasing receipts from

18 Bankhead-Jones lands transferred to the Department of

19 the Interior pursuant to law, but not less than

20 $10,000,000, to remain available until expended: Pro21 vided, That not to exceed $600,000 shall be available for

22 administrative expenses.

23 SERVICE CHARGES, DEPOSITS, AND FORFEITURES

24 For administrative expenses and other costs related

25 to processing application documents and other authoriza26 tions for use and disposal of public lands and resources,
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1 for costs of providing copies of official public land docu2 ments, for monitoring construction, operation, and termi3 nation of facilities in conjunction with use authorizations,

4 and for rehabilitation of damaged property, such amounts

5 as may be collected under Public Law 94–579, as amend6 ed, and Public Law 93–153, to remain available until ex7 pended: Provided, That notwithstanding any provision to

8 the contrary of section 305(a) of Public Law 94–579 (43

9 U.S.C. 1735(a)), any moneys that have been or will be

10 received pursuant to that section, whether as a result of

11 forfeiture, compromise, or settlement, if not appropriate

12 for refund pursuant to section 305(c) of that Act (43

13 U.S.C. 1735(c)), shall be available and may be expended

14 under the authority of this Act by the Secretary to im15 prove, protect, or rehabilitate any public lands adminis16 tered through the Bureau of Land Management which

17 have been damaged by the action of a resource developer,

18 purchaser, permittee, or any unauthorized person, without

19 regard to whether all moneys collected from each such ac20 tion are used on the exact lands damaged which led to

21 the action: Provided further, That any such moneys that

22 are in excess of amounts needed to repair damage to the

23 exact land for which funds were collected may be used to

24 repair other damaged public lands.
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1 MISCELLANEOUS TRUST FUNDS

2 In addition to amounts authorized to be expended

3 under existing laws, there is hereby appropriated such

4 amounts as may be contributed under section 307 of the

5 Act of October 21, 1976 (43 U.S.C. 1701), and such

6 amounts as may be advanced for administrative costs, sur7 veys, appraisals, and costs of making conveyances of omit8 ted lands under section 211(b) of that Act, to remain

9 available until expended.

10 ADMINISTRATIVE PROVISIONS

11 Appropriations for the Bureau of Land Management

12 shall be available for purchase, erection, and dismantle13 ment of temporary structures, and alteration and mainte14 nance of necessary buildings and appurtenant facilities to

15 which the United States has title; up to $100,000 for pay16 ments, at the discretion of the Secretary, for information

17 or evidence concerning violations of laws administered by

18 the Bureau; miscellaneous and emergency expenses of en19 forcement activities authorized or approved by the Sec20 retary and to be accounted for solely on his certificate,

21 not to exceed $10,000: Provided, That notwithstanding 44

22 U.S.C. 501, the Bureau may, under cooperative cost-shar23 ing and partnership arrangements authorized by law, pro24 cure printing services from cooperators in connection with

25 jointly produced publications for which the cooperators

26 share the cost of printing either in cash or in services,
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1 and the Bureau determines the cooperator is capable of

2 meeting accepted quality standards.

3 UNITED STATES FISH AND WILDLIFE SERVICE

4 RESOURCE MANAGEMENT

5 For necessary expenses of the United States Fish and

6 Wildlife Service, for scientific and economic studies, con7 servation, management, investigations, protection, and

8 utilization of fishery and wildlife resources, except whales,

9 seals, and sea lions, maintenance of the herd of long10 horned cattle on the Wichita Mountains Wildlife Refuge,

11 general administration, and for the performance of other

12 authorized functions related to such resources by direct

13 expenditure, contracts, grants, cooperative agreements

14 and reimbursable agreements with public and private enti15 ties, $683,519,000, to remain available until September

16 30, 2001, except as otherwise provided herein, of which

17 $11,701,000 shall remain available until expended for op18 eration and maintenance of fishery mitigation facilities

19 constructed by the Corps of Engineers under the Lower

20 Snake River Compensation Plan, authorized by the Water

21 Resources Development Act of 1976, to compensate for

22 loss of fishery resources from water development projects

23 on the Lower Snake River: Provided, That not less than

24 $1,000,000 for high priority projects which shall be car25 ried out by the Youth Conservation Corps as authorized
11

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1 by the Act of August 13, 1970, as amended: Provided fur2 ther, That not to exceed $5,932,000 shall be used for im3 plementing subsections (a), (b), (c), and (e) of section 4

4 of the Endangered Species Act, as amended, for species

5 that are indigenous to the United States (except for proc6 essing petitions, developing and issuing proposed and final

7 regulations, and taking any other steps to implement ac8 tions described in subsections (c)(2)(A), (c)(2)(B)(i), or

9 (c)(2)(B)(ii)): Provided further, That of the amount avail10 able for law enforcement, up to $400,000 to remain avail11 able until expended, may at the discretion of the Sec12 retary, be used for payment for information, rewards, or

13 evidence concerning violations of laws administered by the

14 Service, and miscellaneous and emergency expenses of en15 forcement activity, authorized or approved by the Sec16 retary and to be accounted for solely on his certificate:

17 Provided further, That of the amount provided for environ18 mental contaminants, up to $1,000,000 may remain avail19 able until expended for contaminant sample analyses: Pro20 vided further, That all fines collected by the U.S. Fish and

21 Wildlife Service for violations of the Marine Mammal Pro22 tection Act (16 U.S.C. 1362–1407) and implementing reg23 ulations shall be available to the Secretary, without fur24 ther appropriation, to be used for the expenses of the U.S.

25 Fish and Wildlife Service in administering activities for
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1 the protection and recovery of manatees, polar bears, sea

2 otters, and walruses, and shall remain available until ex3 pended: Provided further, That, heretofore and hereafter,

4 in carrying out work under reimbursable agreements with

5 any state, local, or tribal government, the U.S. Fish and

6 Wildlife Service may, without regard to 31 U.S.C. 1341

7 and notwithstanding any other provision of law or regula8 tion, record obligations against accounts receivable from

9 such entities, and shall credit amounts received from such

10 entities to this appropriation, such credit to occur within

11 90 days of the date of the original request by the Service

12 for payment.

13 CONSTRUCTION

14 For construction and acquisition of buildings and

15 other facilities required in the conservation, management,

16 investigation, protection, and utilization of fishery and

17 wildlife resources, and the acquisition of lands and inter18 ests therein; $40,434,000, to remain available until ex19 pended: Provided, That notwithstanding any other provi20 sion of law, a single procurement for the construction of

21 facilities at the Alaska Maritime National Wildlife Refuge

22 may be issued which includes the full scope of the project:

23 Provided further, That the solicitation and the contract

24 shall contain the clauses ‘‘availability of funds’’ found at

25 48 C.F.R. 52.232.18.
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1 LAND ACQUISITION

2 For expenses necessary to carry out the Land and

3 Water Conservation Fund Act of 1965, as amended (16

4 U.S.C. 460l–4 through 11), including administrative ex5 penses, and for acquisition of land or waters, or interest

6 therein, in accordance with statutory authority applicable

7 to the United States Fish and Wildlife Service,

8 $55,244,000, to be derived from the Land and Water Con9 servation Fund and to remain available until expended.

10 COOPERATIVE ENDANGERED SPECIES CONSERVATION

11 FUND

12 For expenses necessary to carry out the provisions

13 of the Endangered Species Act of 1973 (16 U.S.C. 1531–

14 1543), as amended, $21,480,000, to be derived from the

15 Cooperative Endangered Species Conservation Fund, and

16 to remain available until expended.

17 NATIONAL WILDLIFE REFUGE FUND

18 For expenses necessary to implement the Act of Octo19 ber 17, 1978 (16 U.S.C. 715s), $10,000,000.

20 MULTINATIONAL SPECIES CONSERVATION FUND

21 For expenses necessary to carry out the African Ele22 phant Conservation Act (16 U.S.C. 4201–4203, 4211–

23 4213, 4221–4225, 4241–4245, and 1538), the Asian Ele24 phant Conservation Act of 1997 (16 U.S.C. 4261–4266),

25 and the Rhinoceros and Tiger Conservation Act of 1994

26 (16 U.S.C. 5301–5306), $2,400,000, to remain available
14

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1 until expended: Provided, That funds made available

2 under this Act, Public Law 105–277, and Public Law

3 105–83 for rhinoceros, tiger, and Asian elephant conserva4 tion programs are exempt from any sanctions imposed

5 against any country under section 102 of the Arms Export

6 Control Act (22 U.S.C. aa–1).

7 NORTH AMERICAN WETLANDS CONSERVATION FUND

8 For expenses necessary to carry out the provisions

9 of the North American Wetlands Conservation Act, Public

10 Law 101–233, as amended, $15,000,000, to remain avail11 able until expended.

12 WILDLIFE CONSERVATION AND APPRECIATION FUND

13 For necessary expenses of the Wildlife Conservation

14 and Appreciation Fund, $800,000, to remain available

15 until expended.

16 ADMINISTRATIVE PROVISIONS

17 Appropriations and funds available to the United

18 States Fish and Wildlife Service shall be available for pur19 chase of not to exceed 70 passenger motor vehicles, of

20 which 61 are for replacement only (including 36 for police21 type use); repair of damage to public roads within and

22 adjacent to reservation areas caused by operations of the

23 Service; options for the purchase of land at not to exceed

24 $1 for each option; facilities incident to such public rec25 reational uses on conservation areas as are consistent with

26 their primary purpose; and the maintenance and improve-
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1 ment of aquaria, buildings, and other facilities under the

2 jurisdiction of the Service and to which the United States

3 has title, and which are used pursuant to law in connection

4 with management and investigation of fish and wildlife re5 sources: Provided, That notwithstanding 44 U.S.C. 501,

6 the Service may, under cooperative cost sharing and part7 nership arrangements authorized by law, procure printing

8 services from cooperators in connection with jointly pro9 duced publications for which the cooperators share at least

10 one-half the cost of printing either in cash or services and

11 the Service determines the cooperator is capable of meet12 ing accepted quality standards: Provided further, That the

13 Service may accept donated aircraft as replacements for

14 existing aircraft: Provided further, That notwithstanding

15 any other provision of law, the Secretary of the Interior

16 may not spend any of the funds appropriated in this Act

17 for the purchase of lands or interests in lands to be used

18 in the establishment of any new unit of the National Wild19 life Refuge System unless the purchase is approved in ad20 vance by the House and Senate Committees on Appropria21 tions in compliance with the reprogramming procedures

22 contained in Senate Report 105–56.
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1 NATIONAL PARK SERVICE

2 OPERATION OF THE NATIONAL PARK SYSTEM

3 For expenses necessary for the management, oper4 ation, and maintenance of areas and facilities adminis5 tered by the National Park Service (including special road

6 maintenance service to trucking permittees on a reimburs7 able basis), and for the general administration of the Na8 tional Park Service, including not less than $1,000,000

9 for high priority projects within the scope of the approved

10 budget which shall be carried out by the Youth Conserva11 tion Corps as authorized by 16 U.S.C. 1706,

12 $1,355,176,000, of which $8,800,000 is for research,

13 planning and interagency coordination in support of land

14 acquisition for Everglades restoration shall remain avail15 able until expended, and of which not to exceed

16 $8,000,000, to remain available until expended, is to be

17 derived from the special fee account established pursuant

18 to title V, section 5201 of Public Law 100–203.

19 NATIONAL RECREATION AND PRESERVATION

20 For expenses necessary to carry out recreation pro21 grams, natural programs, cultural programs, heritage

22 partnership programs, environmental compliance and re23 view, international park affairs, statutory or contractual

24 aid for other activities, and grant administration, not oth25 erwise provided for, $49,951,000: Provided, That notwith26 standing any other provision of law, the National Park
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1 Service may hereafter recover all fees derived from pro2 viding necessary review services associated with historic

3 preservation tax certification, and such funds shall be

4 available until expended without further appropriation for

5 the costs of such review services.

6 HISTORIC PRESERVATION FUND

7 For expenses necessary in carrying out the Historic

8 Preservation Act of 1966, as amended (16 U.S.C. 470),

9 and the Omnibus Parks and Public Lands Management

10 Act of 1996 (Public Law 104–333), $42,412,000, to be

11 derived from the Historic Preservation Fund, to remain

12 available until September 30, 2001, of which $8,422,000

13 pursuant to section 507 of Public Law 104–333 shall re14 main available until expended.

15 CONSTRUCTION

16 For construction, improvements, repair or replace17 ment of physical facilities, including the modifications au18 thorized by section 104 of the Everglades National Park

19 Protection and Expansion Act of 1989, $221,093,000, to

20 remain available until expended, of which $1,100,000 shall

21 be for realignment of the Denali National Park entrance

22 road: Provided, That $4,000,000 for the Wheeling Na23 tional Heritage Area and $1,000,000 for Montpelier shall

24 be derived from the Historic Preservation Fund pursuant

25 to 16 U.S.C. 470a: Provided further, That notwithstanding

26 any other provision of law, a single procurement for the
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1 construction of visitor facilities at Brooks Camp at Katmai

2 National Park and Preserve may be issued which includes

3 the full scope of the project: Provided further, That the

4 solicitation and the contract shall contain the clause

5 ‘‘availability of funds’’ found at 48 CFR 52.232.18.

6 LAND AND WATER CONSERVATION FUND

7 (RESCISSION)

8 The contract authority provided for fiscal year 2000

9 by 16 U.S.C. 460l–10a is rescinded.

10 LAND ACQUISITION AND STATE ASSISTANCE

11 For expenses necessary to carry out the Land and

12 Water Conservation Fund Act of 1965, as amended (16

13 U.S.C. 460l–4 through 11), including administrative ex14 penses, and for acquisition of lands or waters, or interest

15 therein, in accordance with statutory authority applicable

16 to the National Park Service, $84,525,000, to be derived

17 from the Land and Water Conservation Fund, to remain

18 available until expended, of which $500,000 is to admin19 ister the State assistance program.

20 ADMINISTRATIVE PROVISIONS

21 Appropriations for the National Park Service shall be

22 available for the purchase of not to exceed 384 passenger

23 motor vehicles, of which 298 shall be for replacement only,

24 including not to exceed 312 for police-type use, 12 buses,

25 and 6 ambulances: Provided, That none of the funds ap26 propriated to the National Park Service may be used to
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1 process any grant or contract documents which do not in2 clude the text of 18 U.S.C. 1913: Provided further, That

3 none of the funds appropriated to the National Park Serv4 ice may be used to implement an agreement for the rede5 velopment of the southern end of Ellis Island until such

6 agreement has been submitted to the Congress and shall

7 not be implemented prior to the expiration of 30 calendar

8 days (not including any day in which either House of Con9 gress is not in session because of adjournment of more

10 than three calendar days to a day certain) from the receipt

11 by the Speaker of the House of Representatives and the

12 President of the Senate of a full and comprehensive report

13 on the development of the southern end of Ellis Island,

14 including the facts and circumstances relied upon in sup15 port of the proposed project.

16 None of the funds in this Act may be spent by the

17 National Park Service for activities taken in direct re18 sponse to the United Nations Biodiversity Convention.

19 The National Park Service may distribute to oper20 ating units based on the safety record of each unit the

21 costs of programs designed to improve workplace and em22 ployee safety, and to encourage employees receiving work23 ers’ compensation benefits pursuant to chapter 81 of title

24 5, United States Code, to return to appropriate positions

25 for which they are medically able.
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1 UNITED STATES GEOLOGICAL SURVEY

2 SURVEYS, INVESTIGATIONS, AND RESEARCH

3 For expenses necessary for the United States Geo4 logical Survey to perform surveys, investigations, and re5 search covering topography, geology, hydrology, biology,

6 and the mineral and water resources of the United States,

7 its territories and possessions, and other areas as author8 ized by 43 U.S.C. 31, 1332, and 1340; classify lands as

9 to their mineral and water resources; give engineering su10 pervision to power permittees and Federal Energy Regu11 latory Commission licensees; administer the minerals ex12 ploration program (30 U.S.C. 641); and publish and dis13 seminate data relative to the foregoing activities; and to

14 conduct inquiries into the economic conditions affecting

15 mining and materials processing industries (30 U.S.C. 3,

16 21a, and 1603; 50 U.S.C. 98g(1)) and related purposes

17 as authorized by law and to publish and disseminate data;

18 $813,243,000, of which $72,314,000 shall be available

19 only for cooperation with States or municipalities for

20 water resources investigations; and of which $16,400,000

21 shall remain available until expended for conducting in22 quiries into the economic conditions affecting mining and

23 materials processing industries; and of which $2,000,000

24 shall remain available until expended for ongoing develop25 ment of a mineral and geologic data base; and of which
21

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1 $160,248,000 shall be available until September 30, 2001

2 for the biological research activity and the operation of

3 the Cooperative Research Units: Provided, That of the

4 funds available for the biological research activity,

5 $1,000,000 shall be made available by grant to the Uni6 versity of Alaska for conduct of, directly or through sub7 grants, basic marine research activities in the North Pa8 cific Ocean pursuant to a plan approved by the Depart9 ment of Commerce, the Department of the Interior, and

10 the State of Alaska: Provided further, That none of these

11 funds provided for the biological research activity shall be

12 used to conduct new surveys on private property, unless

13 specifically authorized in writing by the property owner:

14 Provided further, That no part of this appropriation shall

15 be used to pay more than one-half the cost of topographic

16 mapping or water resources data collection and investiga17 tions carried on in cooperation with States and municipali18 ties.

19 ADMINISTRATIVE PROVISIONS

20 The amount appropriated for the United States Geo21 logical Survey shall be available for the purchase of not

22 to exceed 53 passenger motor vehicles, of which 48 are

23 for replacement only; reimbursement to the General Serv24 ices Administration for security guard services; con25 tracting for the furnishing of topographic maps and for

26 the making of geophysical or other specialized surveys
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1 when it is administratively determined that such proce2 dures are in the public interest; construction and mainte3 nance of necessary buildings and appurtenant facilities;

4 acquisition of lands for gauging stations and observation

5 wells; expenses of the United States National Committee

6 on Geology; and payment of compensation and expenses

7 of persons on the rolls of the Survey duly appointed to

8 represent the United States in the negotiation and admin9 istration of interstate compacts: Provided, That activities

10 funded by appropriations herein made may be accom11 plished through the use of contracts, grants, or coopera12 tive agreements as defined in 31 U.S.C. 6302 et seq.: Pro13 vided further, That the United States Geological Survey

14 may contract directly with individuals or indirectly with

15 institutions or nonprofit organizations, without regard to

16 41 U.S.C. 5, for the temporary or intermittent services

17 of students or recent graduates, who shall be considered

18 employees for the purposes of chapters 57 and 81 of title

19 5, United States Code, relating to compensation for travel

20 and work injuries, and chapter 171 of title 28, United

21 States Code, relating to tort claims, but shall not be con22 sidered to be Federal employees for any other purposes.
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1 MINERALS MANAGEMENT SERVICE

2 ROYALTY AND OFFSHORE MINERALS MANAGEMENT

3 For expenses necessary for minerals leasing and envi4 ronmental studies, regulation of industry operations, and

5 collection of royalties, as authorized by law; for enforcing

6 laws and regulations applicable to oil, gas, and other min7 erals leases, permits, licenses and operating contracts; and

8 for matching grants or cooperative agreements; including

9 the purchase of not to exceed eight passenger motor vehi10 cles for replacement only; $110,682,000, of which

11 $84,569,000 shall be available for royalty management ac12 tivities; and an amount not to exceed $124,000,000, to

13 be credited to this appropriation and to remain available

14 until expended, from additions to receipts resulting from

15 increases to rates in effect on August 5, 1993, from rate

16 increases to fee collections for Outer Continental Shelf ad17 ministrative activities performed by the Minerals Manage18 ment Service over and above the rates in effect on Sep19 tember 30, 1993, and from additional fees for Outer Con20 tinental Shelf administrative activities established after

21 September 30, 1993: Provided, That $3,000,000 for com22 puter acquisitions shall remain available until September

23 30, 2001: Provided further, That funds appropriated

24 under this Act shall be available for the payment of inter25 est in accordance with 30 U.S.C. 1721(b) and (d): Pro-
24

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1 vided further, That not to exceed $3,000 shall be available

2 for reasonable expenses related to promoting volunteer

3 beach and marine cleanup activities: Provided further,

4 That notwithstanding any other provision of law, $15,000

5 under this heading shall be available for refunds of over6 payments in connection with certain Indian leases in which

7 the Director of the Minerals Management Service con8 curred with the claimed refund due, to pay amounts owed

9 to Indian allottees or Tribes, or to correct prior unrecover10 able erroneous payments.

11 OIL SPILL RESEARCH

12 For necessary expenses to carry out title I, section

13 1016, title IV, sections 4202 and 4303, title VII, and title

14 VIII, section 8201 of the Oil Pollution Act of 1990,

15 $6,118,000, which shall be derived from the Oil Spill Li16 ability Trust Fund, to remain available until expended.

17 OFFICE OF SURFACE MINING RECLAMATION AND

18 ENFORCEMENT

19 REGULATION AND TECHNOLOGY

20 For necessary expenses to carry out the provisions

21 of the Surface Mining Control and Reclamation Act of

22 1977, Public Law 95–87, as amended, including the pur23 chase of not to exceed 10 passenger motor vehicles, for

24 replacement only; $95,891,000: Provided, That the Sec25 retary of the Interior, pursuant to regulations, may use

26 directly or through grants to States, moneys collected in
25

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1 fiscal year 2000 for civil penalties assessed under section

2 518 of the Surface Mining Control and Reclamation Act

3 of 1977 (30 U.S.C. 1268), to reclaim lands adversely af4 fected by coal mining practices after August 3, 1977, to

5 remain available until expended: Provided further, That

6 appropriations for the Office of Surface Mining Reclama7 tion and Enforcement may provide for the travel and per

8 diem expenses of State and tribal personnel attending Of9 fice of Surface Mining Reclamation and Enforcement

10 sponsored training.

11 ABANDONED MINE RECLAMATION FUND

12 For necessary expenses to carry out title IV of the

13 Surface Mining Control and Reclamation Act of 1977,

14 Public Law 95–87, as amended, including the purchase

15 of not more than 10 passenger motor vehicles for replace16 ment only, $185,658,000, to be derived from receipts of

17 the Abandoned Mine Reclamation Fund and to remain

18 available until expended; of which up to $7,000,000, to

19 be derived from the Federal Expenses Share of the Fund,

20 shall be for supplemental grants to States for the reclama21 tion of abandoned sites with acid mine rock drainage from

22 coal mines, and for associated activities, through the Ap23 palachian Clean Streams Initiative: Provided, That grants

24 to minimum program States will be $1,500,000 per State

25 in fiscal year 2000: Provided further, That of the funds

26 herein provided up to $18,000,000 may be used for the
26

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1 emergency program authorized by section 410 of Public

2 Law 95–87, as amended, of which no more than 25 per3 cent shall be used for emergency reclamation projects in

4 any one State and funds for federally administered emer5 gency reclamation projects under this proviso shall not ex6 ceed $11,000,000: Provided further, That prior year unob7 ligated funds appropriated for the emergency reclamation

8 program shall not be subject to the 25 percent limitation

9 per State and may be used without fiscal year limitation

10 for emergency projects: Provided further, That pursuant

11 to Public Law 97–365, the Department of the Interior is

12 authorized to use up to 20 percent from the recovery of

13 the delinquent debt owed to the United States Government

14 to pay for contracts to collect these debts: Provided fur15 ther, That funds made available under title IV of Public

16 Law 95–87 may be used for any required non-Federal

17 share of the cost of projects funded by the Federal Gov18 ernment for the purpose of environmental restoration re19 lated to treatment or abatement of acid mine drainage

20 from abandoned mines: Provided further, That such

21 projects must be consistent with the purposes and prior22 ities of the Surface Mining Control and Reclamation Act:

23 Provided further, That the State of Maryland may set

24 aside the greater of $1,000,000 or 10 percent of the total

25 of the grants made available to the State under title IV
27

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1 of the Surface Mining Control and Reclamation Act of

2 1977, as amended (30 U.S.C. 1231 et seq.), if the amount

3 set aside is deposited in an acid mine drainage abatement

4 and treatment fund established under a State law, pursu5 ant to which law the amount (together with all interest

6 earned on the amount) is expended by the State to under7 take acid mine drainage abatement and treatment

8 projects, except that before any amounts greater than 10

9 percent of its title IV grants are deposited in an acid mine

10 drainage abatement and treatment fund, the State of

11 Maryland must first complete all Surface Mining Control

12 and Reclamation Act priority one projects.

13 BUREAU OF INDIAN AFFAIRS

14 OPERATION OF INDIAN PROGRAMS

15 For expenses necessary for the operation of Indian

16 programs, as authorized by law, including the Snyder Act

17 of November 2, 1921 (25 U.S.C. 13), the Indian Self-De18 termination and Education Assistance Act of 1975 (25

19 U.S.C. 450 et seq.), as amended, the Education Amend20 ments of 1978 (25 U.S.C. 2001–2019), and the Tribally

21 Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.),

22 as amended, $1,631,996,000, to remain available until

23 September 30, 2001 except as otherwise provided herein,

24 of which not to exceed $93,684,000 shall be for welfare

25 assistance payments and notwithstanding any other provi-
28

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1 sion of law, including but not limited to the Indian Self2 Determination Act of 1975, as amended, not to exceed

3 $115,229,000 shall be available for payments to tribes and

4 tribal organizations for contract support costs associated

5 with ongoing contracts, grants, compacts, or annual fund6 ing agreements entered into with the Bureau prior to or

7 during fiscal year 2000, as authorized by such Act, except

8 that tribes and tribal organizations may use their tribal

9 priority allocations for unmet indirect costs of ongoing

10 contracts, grants, or compacts, or annual funding agree11 ments and for unmet welfare assistance costs; and of

12 which not to exceed $402,010,000 for school operations

13 costs of Bureau-funded schools and other education pro14 grams shall become available on July 1, 2000, and shall

15 remain available until September 30, 2001; and of which

16 not to exceed $51,991,000 shall remain available until ex17 pended for housing improvement, road maintenance, at18 torney fees, litigation support, self-governance grants, the

19 Indian Self-Determination Fund, land records improve20 ment, and the Navajo-Hopi Settlement Program: Pro21 vided, That notwithstanding any other provision of law,

22 including but not limited to the Indian Self-Determination

23 Act of 1975, as amended, and 25 U.S.C. 2008, not to ex24 ceed $44,160,000 within and only from such amounts

25 made available for school operations shall be available to
29

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1 tribes and tribal organizations for administrative cost

2 grants associated with the operation of Bureau-funded

3 schools: Provided further, That any forestry funds allo4 cated to a tribe which remain unobligated as of September

5 30, 2001, may be transferred during fiscal year 2002 to

6 an Indian forest land assistance account established for

7 the benefit of such tribe within the tribe’s trust fund ac8 count: Provided further, That any such unobligated bal9 ances not so transferred shall expire on September 30,

10 2002.

11 CONSTRUCTION

12 For construction, repair, improvement, and mainte13 nance of irrigation and power systems, buildings, utilities,

14 and other facilities, including architectural and engineer15 ing services by contract; acquisition of lands, and interests

16 in lands; and preparation of lands for farming, and for

17 construction of the Navajo Indian Irrigation Project pur18 suant to Public Law 87–483, $146,884,000, to remain

19 available until expended: Provided, That such amounts as

20 may be available for the construction of the Navajo Indian

21 Irrigation Project may be transferred to the Bureau of

22 Reclamation: Provided further, That not to exceed 6 per23 cent of contract authority available to the Bureau of In24 dian Affairs from the Federal Highway Trust Fund may

25 be used to cover the road program management costs of

26 the Bureau: Provided further, That any funds provided for
30

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1 the Safety of Dams program pursuant to 25 U.S.C. 13

2 shall be made available on a nonreimbursable basis: Pro3 vided further, That for fiscal year 2000, in implementing

4 new construction or facilities improvement and repair

5 project grants in excess of $100,000 that are provided to

6 tribally controlled grant schools under Public Law 100–

7 297, as amended, the Secretary of the Interior shall use

8 the Administrative and Audit Requirements and Cost

9 Principles for Assistance Programs contained in 43 CFR

10 part 12 as the regulatory requirements: Provided further,

11 That such grants shall not be subject to section 12.61 of

12 43 CFR; the Secretary and the grantee shall negotiate and

13 determine a schedule of payments for the work to be per14 formed: Provided further, That in considering applications,

15 the Secretary shall consider whether the Indian tribe or

16 tribal organization would be deficient in assuring that the

17 construction projects conform to applicable building stand18 ards and codes and Federal, tribal, or State health and

19 safety standards as required by 25 U.S.C. 2005(a), with

20 respect to organizational and financial management capa21 bilities: Provided further, That if the Secretary declines an

22 application, the Secretary shall follow the requirements

23 contained in 25 U.S.C. 2505(f): Provided further, That

24 any disputes between the Secretary and any grantee con25 cerning a grant shall be subject to the disputes provision
31

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1 in 25 U.S.C. 2508(e): Provided further, That notwith2 standing any other provision of law, collections from the

3 settlements between the United States and the Puyallup

4 tribe concerning Chief Leschi school are made available

5 for school construction in fiscal year 2000 and hereafter.

6 INDIAN LAND AND WATER CLAIM SETTLEMENTS AND

7 MISCELLANEOUS PAYMENTS TO INDIANS

8 For miscellaneous payments to Indian tribes and in9 dividuals and for necessary administrative expenses,

10 $27,131,000, to remain available until expended; of which

11 $25,260,000 shall be available for implementation of en12 acted Indian land and water claim settlements pursuant

13 to Public Laws 101–618 and 102–575, and for implemen14 tation of other enacted water rights settlements; and of

15 which $1,871,000 shall be available pursuant to Public

16 Laws 99–264, 100–383, 103–402 and 100–580.

17 INDIAN GUARANTEED LOAN PROGRAM ACCOUNT

18 For the cost of guaranteed loans, $4,500,000, as au19 thorized by the Indian Financing Act of 1974, as amend20 ed: Provided, That such costs, including the cost of modi21 fying such loans, shall be as defined in section 502 of the

22 Congressional Budget Act of 1974: Provided further, That

23 these funds are available to subsidize total loan principal,

24 any part of which is to be guaranteed, not to exceed

25 $59,682,000.
32

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1 In addition, for administrative expenses to carry out

2 the guaranteed loan programs, $504,000.

3 ADMINISTRATIVE PROVISIONS

4 The Bureau of Indian Affairs may carry out the oper5 ation of Indian programs by direct expenditure, contracts,

6 cooperative agreements, compacts and grants, either di7 rectly or in cooperation with States and other organiza8 tions.

9 Appropriations for the Bureau of Indian Affairs (ex10 cept the revolving fund for loans, the Indian loan guar11 antee and insurance fund, and the Indian Guaranteed

12 Loan Program account) shall be available for expenses of

13 exhibits, and purchase of not to exceed 229 passenger

14 motor vehicles, of which not to exceed 187 shall be for

15 replacement only.

16 Notwithstanding any other provision of law, no funds

17 available to the Bureau of Indian Affairs for central office

18 operations or pooled overhead general administration (ex19 cept facilities operations and maintenance) shall be avail20 able for tribal contracts, grants, compacts, or cooperative

21 agreements with the Bureau of Indian Affairs under the

22 provisions of the Indian Self-Determination Act or the

23 Tribal Self-Governance Act of 1994 (Public Law 103–

24 413).

25 In the event any tribe returns appropriations made

26 available by this Act to the Bureau of Indian Affairs for
33

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1 distribution to other tribes, this action shall not diminish

2 the Federal government’s trust responsibility to that tribe,

3 or the government-to-government relationship between the

4 United States and that tribe, or that tribe’s ability to ac5 cess future appropriations.

6 Notwithstanding any other provision of law, no funds

7 available to the Bureau, other than the amounts provided

8 herein for assistance to public schools under 25 U.S.C.

9 452 et seq., shall be available to support the operation of

10 any elementary or secondary school in the State of Alaska.

11 Appropriations made available in this or any other

12 Act for schools funded by the Bureau shall be available

13 only to the schools in the Bureau school system as of Sep14 tember 1, 1996. No funds available to the Bureau shall

15 be used to support expanded grades for any school or dor16 mitory beyond the grade structure in place or approved

17 by the Secretary of the Interior at each school in the Bu18 reau school system as of October 1, 1995.

19 The Tate Topa Tribal School, the Black Mesa Com20 munity School, the Alamo Navajo School, and other BIA21 funded schools, subject to the approval of the Secretary

22 of the Interior, may use prior year school operations funds

23 for the replacement or repair of BIA education facilities

24 which are in compliance with 25 U.S.C. 2005(a) and

25 which shall be eligible for operation and maintenance sup-
34

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1 port to the same extent as other BIA education facilities:

2 Provided, That any additional construction costs for re3 placement or repair of such facilities begun with prior year

4 funds shall be completed exclusively with non-Federal

5 funds.

6 DEPARTMENT OFFICES

7 INSULAR AFFAIRS

8 ASSISTANCE TO TERRITORIES

9 For expenses necessary for assistance to territories

10 under the jurisdiction of the Department of the Interior,

11 $67,325,000, of which: (1) $63,076,000 shall be available

12 until expended for technical assistance, including mainte13 nance assistance, disaster assistance, insular management

14 controls, coral reef initiative activities, and brown tree

15 snake control and research; grants to the judiciary in

16 American Samoa for compensation and expenses, as au17 thorized by law (48 U.S.C. 1661(c)); grants to the Govern18 ment of American Samoa, in addition to current local rev19 enues, for construction and support of governmental func20 tions; grants to the Government of the Virgin Islands as

21 authorized by law; grants to the Government of Guam,

22 as authorized by law; and grants to the Government of

23 the Northern Mariana Islands as authorized by law (Pub24 lic Law 94–241; 90 Stat. 272); and (2) $4,249,000 shall

25 be available for salaries and expenses of the Office of Insu-
35

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1 lar Affairs: Provided, That all financial transactions of the

2 territorial and local governments herein provided for, in3 cluding such transactions of all agencies or instrumental4 ities established or used by such governments, may be au5 dited by the General Accounting Office, at its discretion,

6 in accordance with chapter 35 of title 31, United States

7 Code: Provided further, That Northern Mariana Islands

8 Covenant grant funding shall be provided according to

9 those terms of the Agreement of the Special Representa10 tives on Future United States Financial Assistance for the

11 Northern Mariana Islands approved by Public Law 104–

12 134: Provided further, That Public Law 94–241, as

13 amended, is further amended (1) in section 4(b) by delet14 ing ‘‘2002’’ and inserting ‘‘1999’’ and by deleting the

15 comma after the words ‘‘$11,000,000 annually’’ and in16 serting in lieu thereof the following: ‘‘and for fiscal year

17 2000, payments to the Commonwealth of the Northern

18 Mariana Islands shall be $5,580,000, but shall return to

19 the level of $11,000,000 annually for fiscal years 2001

20 and 2002. In fiscal year 2003, the payment to the Com21 monwealth of the Northern Mariana Islands shall be

22 $5,420,000. Such payments shall be’’; and (2) in section

23 (4)(c) by adding a new subsection as follows: ‘‘(4) for fis24 cal year 2000, $5,420,000 shall be provided to the Virgin

25 Islands for correctional facilities and other projects man-
36

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1 dated by Federal law.’’: Provided further, That of the

2 amounts provided for technical assistance, sufficient fund3 ing shall be made available for a grant to the Close Up

4 Foundation: Provided further, That the funds for the pro5 gram of operations and maintenance improvement are ap6 propriated to institutionalize routine operations and main7 tenance improvement of capital infrastructure in Amer8 ican Samoa, Guam, the Virgin Islands, the Commonwealth

9 of the Northern Mariana Islands, the Republic of Palau,

10 the Republic of the Marshall Islands, and the Federated

11 States of Micronesia through assessments of long-range

12 operations maintenance needs, improved capability of local

13 operations and maintenance institutions and agencies (in14 cluding management and vocational education training),

15 and project-specific maintenance (with territorial partici16 pation and cost sharing to be determined by the Secretary

17 based on the individual territory’s commitment to timely

18 maintenance of its capital assets): Provided further, That

19 any appropriation for disaster assistance under this head20 ing in this Act or previous appropriations Acts may be

21 used as non-Federal matching funds for the purpose of

22 hazard mitigation grants provided pursuant to section 404

23 of the Robert T. Stafford Disaster Relief and Emergency

24 Assistance Act (42 U.S.C. 5170c).
37

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1 COMPACT OF FREE ASSOCIATION

2 For economic assistance and necessary expenses for

3 the Federated States of Micronesia and the Republic of

4 the Marshall Islands as provided for in sections 122, 221,

5 223, 232, and 233 of the Compact of Free Association,

6 and for economic assistance and necessary expenses for

7 the Republic of Palau as provided for in sections 122, 221,

8 223, 232, and 233 of the Compact of Free Association,

9 $20,545,000, to remain available until expended, as au10 thorized by Public Law 99–239 and Public Law 99–658.

11 DEPARTMENTAL MANAGEMENT

12 SALARIES AND EXPENSES

13 For necessary expenses for management of the De14 partment of the Interior, $62,203,000, of which not to ex15 ceed $8,500 may be for official reception and representa16 tion expenses and up to $1,000,000 shall be available for

17 workers compensation payments and unemployment com18 pensation payments associated with the orderly closure of

19 the United States Bureau of Mines.

20 OFFICE OF THE SOLICITOR

21 SALARIES AND EXPENSES

22 For necessary expenses of the Office of the Solicitor,

23 $36,784,000.
38

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1 OFFICE OF INSPECTOR GENERAL

2 SALARIES AND EXPENSES

3 OFFICE OF INSPECTOR GENERAL

4 For necessary expenses of the Office of Inspector

5 General, $26,614,000.

6 OFFICE OF SPECIAL TRUSTEE FOR AMERICAN INDIANS

7 FEDERAL TRUST PROGRAMS

8 For operation of trust programs for Indians by direct

9 expenditure, contracts, cooperative agreements, compacts,

10 and grants, $73,836,000, to remain available until ex11 pended: Provided, That funds for trust management im12 provements may be transferred to the Bureau of Indian

13 Affairs and Departmental Management: Provided further,

14 That funds made available to Tribes and Tribal organiza15 tions through contracts or grants obligated during fiscal

16 year 2000, as authorized by the Indian Self-Determination

17 Act of 1975 (25 U.S.C. 450 et seq.), shall remain available

18 until expended by the contractor or grantee: Provided fur19 ther, That notwithstanding any other provision of law, the

20 statute of limitations shall not commence to run on any

21 claim, including any claim in litigation pending on the date

22 of the enactment of this Act, concerning losses to or mis23 management of trust funds, until the affected tribe or in24 dividual Indian has been furnished with an accounting of

25 such funds from which the beneficiary can determine

26 whether there has been a loss: Provided further, That not-
39

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1 withstanding any other provision of law, the Secretary

2 shall not be required to provide a quarterly statement of

3 performance for any Indian trust account that has not had

4 activity for at least eighteen months and has a balance

5 of $1.00 or less: Provided further, That the Secretary shall

6 issue an annual account statement and maintain a record

7 of any such accounts and shall permit the balance in each

8 such account to be withdrawn upon the express written

9 request of the account holder.

10 INDIAN LAND CONSOLIDATION PILOT

11 For implementation of a pilot program for consolida12 tion of fractional interests in Indian lands by direct ex13 penditure or cooperative agreement, $5,000,000 to remain

14 available until expended, of which not to exceed $500,000

15 shall be available for administrative expenses: Provided,

16 That the Secretary may enter into a cooperative agree17 ment, which shall not be subject to Public Law 93–638,

18 as amended, with a tribe having jurisdiction over the pilot

19 reservation to implement the program to acquire fractional

20 interests on behalf of such tribe: Provided further, That

21 the Secretary may develop a reservation-wide system for

22 establishing the fair market value of various types of lands

23 and improvements to govern the amounts offered for ac24 quisition of fractional interests: Provided further, That ac25 quisitions shall be limited to one or more pilot reservations

26 as determined by the Secretary: Provided further, That
40

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1 funds shall be available for acquisition of fractional inter2 ests in trust or restricted lands with the consent of its

3 owners and at fair market value, and the Secretary shall

4 hold in trust for such tribe all interests acquired pursuant

5 to this pilot program: Provided further, That all proceeds

6 from any lease, resource sale contract, right-of-way or

7 other transaction derived from the fractional interest shall

8 be credited to this appropriation, and remain available

9 until expended, until the purchase price paid by the Sec10 retary under this appropriation has been recovered from

11 such proceeds: Provided further, That once the purchase

12 price has been recovered, all subsequent proceeds shall be

13 managed by the Secretary for the benefit of the applicable

14 tribe or paid directly to the tribe.

15 NATURAL RESOURCE DAMAGE ASSESSMENT AND

16 RESTORATION

17 NATURAL RESOURCE DAMAGE ASSESSMENT FUND

18 To conduct natural resource damage assessment ac19 tivities by the Department of the Interior necessary to

20 carry out the provisions of the Comprehensive Environ21 mental Response, Compensation, and Liability Act, as

22 amended (42 U.S.C. 9601 et seq.), Federal Water Pollu23 tion Control Act, as amended (33 U.S.C. 1251 et seq.),

24 the Oil Pollution Act of 1990 (Public Law 101–380), and
41

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1 Public Law 101–337; $4,621,000, to remain available

2 until expended.

3 ADMINISTRATIVE PROVISIONS

4 There is hereby authorized for acquisition from avail5 able resources within the Working Capital Fund, 15 air6 craft, 10 of which shall be for replacement and which may

7 be obtained by donation, purchase or through available ex8 cess surplus property: Provided, That notwithstanding any

9 other provision of law, existing aircraft being replaced may

10 be sold, with proceeds derived or trade-in value used to

11 offset the purchase price for the replacement aircraft: Pro12 vided further, That no programs funded with appropriated

13 funds in the ‘‘Departmental Management’’, ‘‘Office of the

14 Solicitor’’, and ‘‘Office of Inspector General’’ may be aug15 mented through the Working Capital Fund or the Consoli16 dated Working Fund.

17 GENERAL PROVISIONS, DEPARTMENT OF THE

18 INTERIOR

19 SEC. 101. Appropriations made in this title shall be

20 available for expenditure or transfer (within each bureau

21 or office), with the approval of the Secretary, for the emer22 gency reconstruction, replacement, or repair of aircraft,

23 buildings, utilities, or other facilities or equipment dam24 aged or destroyed by fire, flood, storm, or other unavoid25 able causes: Provided, That no funds shall be made avail26 able under this authority until funds specifically made
42

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1 available to the Department of the Interior for emer2 gencies shall have been exhausted: Provided further, That

3 all funds used pursuant to this section are hereby des4 ignated by Congress to be ‘‘emergency requirements’’ pur5 suant to section 251(b)(2)(A) of the Balanced Budget and

6 Emergency Deficit Control Act of 1985, and must be re7 plenished by a supplemental appropriation which must be

8 requested as promptly as possible.

9 SEC. 102. The Secretary may authorize the expendi10 ture or transfer of any no year appropriation in this title,

11 in addition to the amounts included in the budget pro12 grams of the several agencies, for the suppression or emer13 gency prevention of forest or range fires on or threatening

14 lands under the jurisdiction of the Department of the Inte15 rior; for the emergency rehabilitation of burned-over lands

16 under its jurisdiction; for emergency actions related to po17 tential or actual earthquakes, floods, volcanoes, storms, or

18 other unavoidable causes; for contingency planning subse19 quent to actual oil spills; for response and natural resource

20 damage assessment activities related to actual oil spills;

21 for the prevention, suppression, and control of actual or

22 potential grasshopper and Mormon cricket outbreaks on

23 lands under the jurisdiction of the Secretary, pursuant to

24 the authority in section 1773(b) of Public Law 99–198

25 (99 Stat. 1658); for emergency reclamation projects under
43

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1 section 410 of Public Law 95–87; and shall transfer, from

2 any no year funds available to the Office of Surface Min3 ing Reclamation and Enforcement, such funds as may be

4 necessary to permit assumption of regulatory authority in

5 the event a primacy State is not carrying out the regu6 latory provisions of the Surface Mining Act: Provided,

7 That appropriations made in this title for fire suppression

8 purposes shall be available for the payment of obligations

9 incurred during the preceding fiscal year, and for reim10 bursement to other Federal agencies for destruction of ve11 hicles, aircraft, or other equipment in connection with

12 their use for fire suppression purposes, such reimburse13 ment to be credited to appropriations currently available

14 at the time of receipt thereof: Provided further, That for

15 emergency rehabilitation and wildfire suppression activi16 ties, no funds shall be made available under this authority

17 until funds appropriated to ‘‘Wildland Fire Management’’

18 shall have been exhausted: Provided further, That all funds

19 used pursuant to this section are hereby designated by

20 Congress to be ‘‘emergency requirements’’ pursuant to

21 section 251(b)(2)(A) of the Balanced Budget and Emer22 gency Deficit Control Act of 1985, and must be replen23 ished by a supplemental appropriation which must be re24 quested as promptly as possible: Provided further, That

25 such replenishment funds shall be used to reimburse, on
44

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1 a pro rata basis, accounts from which emergency funds

2 were transferred.

3 SEC. 103. Appropriations made in this title shall be

4 available for operation of warehouses, garages, shops, and

5 similar facilities, wherever consolidation of activities will

6 contribute to efficiency or economy, and said appropria7 tions shall be reimbursed for services rendered to any

8 other activity in the same manner as authorized by sec9 tions 1535 and 1536 of title 31, United States Code: Pro10 vided, That reimbursements for costs and supplies, mate11 rials, equipment, and for services rendered may be cred12 ited to the appropriation current at the time such reim13 bursements are received.

14 SEC. 104. Appropriations made to the Department

15 of the Interior in this title shall be available for services

16 as authorized by 5 U.S.C. 3109, when authorized by the

17 Secretary, in total amount not to exceed $500,000; hire,

18 maintenance, and operation of aircraft; hire of passenger

19 motor vehicles; purchase of reprints; payment for tele20 phone service in private residences in the field, when au21 thorized under regulations approved by the Secretary; and

22 the payment of dues, when authorized by the Secretary,

23 for library membership in societies or associations which

24 issue publications to members only or at a price to mem25 bers lower than to subscribers who are not members.
45

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1 SEC. 105. Appropriations available to the Depart2 ment of the Interior for salaries and expenses shall be

3 available for uniforms or allowances therefor, as author4 ized by law (5 U.S.C. 5901–5902 and D.C. Code 4–204).

5 SEC. 106. Appropriations made in this title shall be

6 available for obligation in connection with contracts issued

7 for services or rentals for periods not in excess of twelve

8 months beginning at any time during the fiscal year.

9 SEC. 107. No funds provided in this title may be ex10 pended by the Department of the Interior for the conduct

11 of offshore leasing and related activities placed under re12 striction in the President’s moratorium statement of June

13 26, 1990, in the areas of northern, central, and southern

14 California; the North Atlantic; Washington and Oregon;

15 and the eastern Gulf of Mexico south of 26 degrees north

16 latitude and east of 86 degrees west longitude.

17 SEC. 108. No funds provided in this title may be ex18 pended by the Department of the Interior for the conduct

19 of offshore oil and natural gas preleasing, leasing, and re20 lated activities, on lands within the North Aleutian Basin

21 planning area.

22 SEC. 109. No funds provided in this title may be ex23 pended by the Department of the Interior to conduct off24 shore oil and natural gas preleasing, leasing and related

25 activities in the eastern Gulf of Mexico planning area for
46

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1 any lands located outside Sale 181, as identified in the

2 final Outer Continental Shelf 5-Year Oil and Gas Leasing

3 Program, 1997–2002.

4 SEC. 110. No funds provided in this title may be ex5 pended by the Department of the Interior to conduct oil

6 and natural gas preleasing, leasing and related activities

7 in the Mid-Atlantic and South Atlantic planning areas.

8 SEC. 111. Advance payments made under this title

9 to Indian tribes, tribal organizations, and tribal consortia

10 pursuant to the Indian Self-Determination and Education

11 Assistance Act (25 U.S.C. 450 et seq.) or the Tribally

12 Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.)

13 may be invested by the Indian tribe, tribal organization,

14 or consortium before such funds are expended for the pur15 poses of the grant, compact, or annual funding agreement

16 so long as such funds are—

17 (1) invested by the Indian tribe, tribal organiza18 tion, or consortium only in obligations of the United

19 States, or in obligations or securities that are guar20 anteed or insured by the United States, or mutual

21 (or other) funds registered with the Securities and

22 Exchange Commission and which only invest in obli23 gations of the United States or securities that are

24 guaranteed or insured by the United States; or
47

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1 (2) deposited only into accounts that are in2 sured by an agency or instrumentality of the United

3 States, or are fully collateralized to ensure protec4 tion of the funds, even in the event of a bank failure.

5 SEC. 112. (a) Employees of Helium Operations, Bu6 reau of Land Management, entitled to severance pay

7 under 5 U.S.C. 5595, may apply for, and the Secretary

8 of the Interior may pay, the total amount of the severance

9 pay to the employee in a lump sum. Employees paid sever10 ance pay in a lump sum and subsequently reemployed by

11 the Federal Government shall be subject to the repayment

12 provisions of 5 U.S.C. 5595(i)(2) and (3), except that any

13 repayment shall be made to the Helium Fund.

14 (b) Helium Operations employees who elect to con15 tinue health benefits after separation shall be liable for

16 not more than the required employee contribution under

17 5 U.S.C. 8905a(d)(1)(A). The Helium Fund shall pay for

18 18 months the remaining portion of required contribu19 tions.

20 (c) The Secretary of the Interior may provide for

21 training to assist Helium Operations employees in the

22 transition to other Federal or private sector jobs during

23 the facility shut-down and disposition process and for up

24 to 12 months following separation from Federal employ25 ment, including retraining and relocation incentives on the
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1 same terms and conditions as authorized for employees of

2 the Department of Defense in section 348 of the National

3 Defense Authorization Act for Fiscal Year 1995.

4 (d) For purposes of the annual leave restoration pro5 visions of 5 U.S.C. 6304(d)(1)(B), the cessation of helium

6 production and sales, and other related Helium Program

7 activities shall be deemed to create an exigency of public

8 business under, and annual leave that is lost during leave

9 years 1997 through 2001 because of 5 U.S.C. 6304 (re10 gardless of whether such leave was scheduled in advance)

11 shall be restored to the employee and shall be credited and

12 available in accordance with 5 U.S.C. 6304(d)(2). Annual

13 leave so restored and remaining unused upon the transfer

14 of a Helium Program employee to a position of the execu15 tive branch outside of the Helium Program shall be liq16 uidated by payment to the employee of a lump sum from

17 the Helium Fund for such leave.

18 (e) Benefits under this section shall be paid from the

19 Helium Fund in accordance with section 4(c)(4) of the

20 Helium Privatization Act of 1996. Funds may be made

21 available to Helium Program employees who are or will

22 be separated before October 1, 2002 because of the ces23 sation of helium production and sales and other related

24 activities. Retraining benefits, including retraining and re-
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1 location incentives, may be paid for retraining com2 mencing on or before September 30, 2002.

3 (f) This section shall remain in effect through fiscal

4 year 2002.

5 SEC. 113. Notwithstanding any other provision of

6 law, including but not limited to the Indian Self-Deter7 mination Act of 1975, as amended, funds available herein

8 and hereafter under this title for Indian self-determination

9 or self-governance contract or grant support costs may be

10 expended only for costs directly attributable to contracts,

11 grants and compacts pursuant to the Indian Self-Deter12 mination Act and no funds appropriated in this title shall

13 be available for any contract support costs or indirect

14 costs associated with any contract, grant, cooperative

15 agreement, self-governance compact or funding agreement

16 entered into between an Indian tribe or tribal organization

17 and any entity other than an agency of the Department

18 of the Interior.

19 SEC. 114. Notwithstanding any other provisions of

20 law, the National Park Service shall not develop or imple21 ment a reduced entrance fee program to accommodate

22 non-local travel through a unit. The Secretary may provide

23 for and regulate local non-recreational passage through

24 units of the National Park System, allowing each unit to
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1 develop guidelines and permits for such activity appro2 priate to that unit.

3 SEC. 115. Notwithstanding any other provision of

4 law, in fiscal year 2000 and thereafter, the Secretary is

5 authorized to permit persons, firms or organizations en6 gaged in commercial, cultural, educational, or recreational

7 activities (as defined in section 612a of title 40, United

8 States Code) not currently occupying such space to use

9 courtyards, auditoriums, meeting rooms, and other space

10 of the main and south Interior building complex, Wash11 ington, D.C., the maintenance, operation, and protection

12 of which has been delegated to the Secretary from the Ad13 ministrator of General Services pursuant to the Federal

14 Property and Administrative Services Act of 1949, and to

15 assess reasonable charges therefore, subject to such proce16 dures as the Secretary deems appropriate for such uses.

17 Charges may be for the space, utilities, maintenance, re18 pair, and other services. Charges for such space and serv19 ices may be at rates equivalent to the prevailing commer20 cial rate for comparable space and services devoted to a

21 similar purpose in the vicinity of the main and south Inte22 rior building complex, Washington, D.C. for which charges

23 are being assessed. The Secretary may without further ap24 propriation hold, administer, and use such proceeds within

25 the Departmental Management Working Capital Fund to
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1 offset the operation of the buildings under his jurisdiction,

2 whether delegated or otherwise, and for related purposes,

3 until expended.

4 SEC. 116. (a) In this section—

5 (1) the term ‘‘Huron Cemetery’’ means the

6 lands that form the cemetery that is popularly

7 known as the Huron Cemetery, located in Kansas

8 City, Kansas, as described in subsection (b)(3); and

9 (2) the term ‘‘Secretary’’ means the Secretary

10 of the Interior.

11 (b)(1) The Secretary shall take such action as may

12 be necessary to ensure that the lands comprising the

13 Huron Cemetery (as described in paragraph (3)) are used

14 only in accordance with this subsection.

15 (2) The lands of the Huron Cemetery shall be used

16 only—

17 (A) for religious and cultural uses that are com18 patible with the use of the lands as a cemetery; and

19 (B) as a burial ground.

20 (3) The description of the lands of the Huron Ceme21 tery is as follows:

22 The tract of land in the NW quarter of sec. 10, T.

23 11 S., R. 25 E., of the sixth principal meridian, in Wyan24 dotte County, Kansas (as surveyed and marked on the
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1 ground on August 15, 1888, by William Millor, Civil Engi2 neer and Surveyor), described as follows:

3 ‘‘Commencing on the Northwest corner of the

4 Northwest Quarter of the Northwest Quarter of said

5 Section 10;

6 ‘‘Thence South 28 poles to the ‘true point of

7 beginning’;

8 ‘‘Thence South 71 degrees East 10 poles and

9 18 links;

10 ‘‘Thence South 18 degrees and 30 minutes

11 West 28 poles;

12 ‘‘Thence West 11 and one-half poles;

13 ‘‘Thence North 19 degrees 15 minutes East 31

14 poles and 15 feet to the ‘true point of beginning’,

15 containing 2 acres or more.’’.

16 SEC. 117. Grazing permits and leases which expire

17 or are transferred, in this or any fiscal year, shall be re18 newed under the same terms and conditions as contained

19 in the expiring permit or lease until such time as the Sec20 retary of the Interior completes the process of renewing

21 the permits or leases in compliance with all applicable

22 laws. Nothing in this language shall be deemed to affect

23 the Secretary’s statutory authority or the rights of the

24 permittee or lessee.
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1 SEC. 118. Refunds or rebates received on an on-going

2 basis from a credit card services provider under the De3 partment of the Interior’s charge card programs may be

4 deposited to and retained without fiscal year limitation in

5 the Departmental Working Capital Fund established

6 under 43 U.S.C. 1467 and used to fund management ini7 tiatives of general benefit to the Department of the Inte8 rior’s bureaus and offices as determined by the Secretary

9 or his designee.

10 SEC. 119. Appropriations made in this title under the

11 headings Bureau of Indian Affairs and Office of Special

12 Trustee for American Indians and any available unobli13 gated balances from prior appropriations Acts made under

14 the same headings, shall be available for expenditure or

15 transfer for Indian trust management activities pursuant

16 to the Trust Management Improvement Project High

17 Level Implementation Plan.

18 SEC. 120. All properties administered by the National

19 Park Service at Fort Baker, Golden Gate National Recre20 ation Area, and leases, concessions, permits and other

21 agreements associated with those properties, shall be ex22 empt from all taxes and special assessments, except sales

23 tax, by the State of California and its political subdivi24 sions, including the County of Marin and the City of
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1 Sausalito. Such areas of Fort Baker shall remain under

2 exclusive federal jurisdiction.

3 SEC. 121. Notwithstanding any provision of law, the

4 Secretary of the Interior is authorized to negotiate and

5 enter into agreements and leases, without regard to sec6 tion 321 of chapter 314 of the Act of June 30, 1932 (40

7 U.S.C. 303b), with any person, firm, association, organi8 zation, corporation, or governmental entity for all or part

9 of the property within Fort Baker administered by the

10 Secretary as part of Golden Gate National Recreation

11 Area. The proceeds of the agreements or leases shall be

12 retained by the Secretary and such proceeds shall be avail13 able, without future appropriation, for the preservation,

14 restoration, operation, maintenance and interpretation

15 and related expenses incurred with respect to Fort Baker

16 properties.

17 SEC. 122. None of the funds provided in this or any

18 other Act may be used for pre-design, design or engineer19 ing for the removal of the Elwha or Glines Canyon Dams,

20 or for the actual removal of either dam, until such time

21 as both dams are acquired by the Federal government not22 withstanding the proviso in section 3(a) of Public Law

23 102–495, as amended.
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1 SEC. 123. (a) SHORT TITLE.—This section may be

2 cited as the ‘‘Battle of Midway National Memorial Study

3 Act’’.

4 (b) FINDINGS.—The Congress makes the following

5 findings:

6 (1) September 2, 1997, marked the 52nd anni7 versary of the United States victory over Japan in

8 World War II.

9 (2) The Battle of Midway proved to be the

10 turning point in the war in the Pacific, as United

11 States Navy forces inflicted such severe losses on the

12 Imperial Japanese Navy during the battle that the

13 Imperial Japanese Navy never again took the offen14 sive against the United States or the allied forces.

15 (3) During the Battle of Midway on June 4,

16 1942, an outnumbered force of the United States

17 Navy, consisting of 29 ships and other units of the

18 Armed Forces under the command of Admiral Nim19 itz and Admiral Spruance, out-maneuvered and out20 fought 350 ships of the Imperial Japanese Navy.

21 (4) It is in the public interest to study whether

22 Midway Atoll should be established as a national

23 memorial to the Battle of Midway to express the en24 during gratitude of the American people for victory

25 in the battle and to inspire future generations of
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1 Americans with the heroism and sacrifice of the

2 members of the Armed Forces who achieved that

3 victory.

4 (5) The historic structures and facilities on

5 Midway Atoll should be protected and maintained.

6 (c) PURPOSE.—The purpose of this Act is to require

7 a study of the feasibility and suitability of designating the

8 Midway Atoll as a National Memorial to the Battle of Mid9 way within the boundaries of the Midway Atoll National

10 Wildlife Refuge. The study of the Midway Atoll and its

11 environs shall include, but not be limited to, identification

12 of interpretative opportunities for the educational and in13 spirational benefit of present and future generations, and

14 of the unique and significant circumstances involving the

15 defense of the island by the United States in World War

16 II and the Battle of Midway.

17 (d) STUDY OF THE ESTABLISHMENT OF MIDWAY

18 ATOLL AS A NATIONAL MEMORIAL TO THE BATTLE OF

19 MIDWAY.—

20 (1) IN GENERAL.—Not later than six months

21 after the date of enactment of this Act, the Sec22 retary of the Interior shall, acting through the Di23 rector of the National Park Service and in consulta24 tion with the Director of the United States Fish and

25 Wildlife Service, the International Midway Memorial
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1 Foundation, Inc. (hereafter referred to as the

2 ‘‘Foundation’’), and Midway Phoenix Corporation,

3 carry out a study of the suitability and feasibility of

4 establishing Midway Atoll as a national memorial to

5 the Battle of Midway.

6 (2) CONSIDERATIONS.—In studying the estab7 lishment of Midway Atoll as a national memorial to

8 the Battle of Midway under paragraph (1), the Sec9 retary shall address the following:

10 (A) The appropriate federal agency to

11 manage such a memorial, and whether and

12 under what conditions, to lease or otherwise

13 allow the Foundation or another appropriate

14 entity to administer, maintain, and fully utilize

15 the lands (including any equipment, facilities,

16 infrastructure, and other improvements) and

17 waters of Midway Atoll if designated as a na18 tional memorial.

19 (B) Whether designation as a national me20 morial would conflict with current management

21 of Midway Atoll as a wildlife refuge and wheth22 er, and under what circumstances, the needs

23 and requirements of the wildlife refuge should

24 take precedence over the needs and require25 ments of a national memorial on Midway Atoll.
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1 (C) Whether, and under what conditions,

2 to permit the use of the facilities on Sand Is3 land for purposes other than a wildlife refuge or

4 a national memorial.

5 (D) Whether to impose conditions on pub6 lic access to Midway Atoll as a national memo7 rial.

8 (3) REPORT.—Upon completion of the study re9 quired under paragraph (1), the Secretary shall sub10 mit, to the Committee on Energy and Natural Re11 sources of the United States Senate and the Com12 mittee on Resources of the House of Representa13 tives, a report on the study, which shall include any

14 recommendations for further legislative action. The

15 report shall also include an inventory of all known

16 past and present facilities and structures of histor17 ical significance on Midway Atoll and its environs.

18 The report shall include a description of each his19 toric facility and structure and a discussion of how

20 each will contribute to the designation and interpre21 tation of the proposed national memorial.

22 (e) CONTINUING DISCUSSIONS.—Nothing in this Act

23 shall be construed to delay or prohibit discussions between

24 the Foundation and the United States Fish and Wildlife
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1 Service or any other government entity regarding the fu2 ture role of the Foundation on Midway Atoll.

3 SEC. 124. Where any Federal lands included within

4 the boundary of Lake Roosevelt National Recreation Area

5 as designated by the Secretary of the Interior on April

6 5, 1990 (Lake Roosevelt Cooperative Management Agree7 ment) were utilized as of March 31, 1997, for grazing pur8 poses pursuant to a permit issued by the National Park

9 Service, the person or persons so utilizing such lands shall

10 be entitled to renew said permit under such terms and

11 conditions as the Secretary may prescribe, for the lifetime

12 of the permittee or 20 years, whichever is less.

13 SEC. 125. Notwithstanding any other provision of

14 law, the Secretary of the Interior is authorized to redis15 tribute any Tribal Priority Allocation funds, including

16 tribal base funds, to alleviate tribal funding inequities by

17 transferring funds on the basis of identified, unmet needs.

18 No tribe shall receive a reduction in Tribal Priority Alloca19 tion funds of more than ten percent in fiscal year 2000.

20 SEC. 126. None of the Funds provided in this Act

21 shall be available to the Bureau of Indian Affairs or the

22 Department of the Interior to transfer land into trust sta23 tus for the Shoalwater Bay Indian Tribe in Clark County,

24 Washington, unless and until the tribe and the county

25 reach a legally enforceable agreement that addresses the
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1 financial impact of new development on the county, school

2 district, fire district, and other local governments and the

3 impact on zoning and development.

4 SEC. 127. None of the funds provided in this Act

5 shall be available to the Department of the Interior or

6 agencies of the Department of the Interior to implement

7 Secretarial Order 3206, issued June 5, 1997.

8 SEC. 128. Of the funds appropriated in title V of the

9 Fiscal Year 1998 Interior and Related Agencies Appro10 priation Act, Public Law 105–83, the Secretary shall pro11 vide up to $2,000,000 in the form of a grant to the Fair12 banks North Star Borough for acquisition of undeveloped

13 parcels along the banks of the Chena River for the purpose

14 of establishing an urban greenbelt within the Borough.

15 The Secretary shall further provide from the funds appro16 priated in title V up to $1,000,000 in the form of a grant

17 to the Municipality of Anchorage for the acquisition of ap18 proximately 34 acres of wetlands adjacent to a municipal

19 park in Anchorage (the Jewel Lake Wetlands).

20 SEC. 129. Funds sufficient to cover the cost of prepa21 ration of an Environmental Impact Statement are hereby

22 redirected from the funds appropriated in the fiscal year

23 1999 Department of Interior Appropriations Bill, Bureau

24 of Indian Affairs, Safety of Dams Construction Account,

25 Weber Dam. These funds are directed to be used for com-
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1 pletion of an environmental impact statement to facilitate

2 resolution of fish passage issues associated with the recon3 struction of the Weber Dam and Reservoir on the Walker

4 River Paiute Reservation in Nevada. The analysis shall

5 include, but not be limited to: (1) an evaluation of whether

6 any reservoir, and if so what capacity reservoir, is needed

7 to assure that the water rights of the Walker River Paiute

8 Tribe can be adequately served with surface water; (2) an

9 evaluation of the feasibility and cost of constructing a new

10 off stream reservoir as a replacement for Weber Reservoir;

11 (3) an evaluation of the feasibility and cost of converting

12 Weber Reservoir into an off stream reservoir; and (4) an

13 evaluation of the feasibility and cost of serving the water

14 rights of the Walker River Paiute Tribe with groundwater.

15 The BIA is directed to work through the Bureau of Rec16 lamation, either via contract or memorandum of under17 standing, to complete this environmental impact statement

18 within 18 months of enactment of this act. No contract

19 for construction or reconstruction of the Weber Dam shall

20 be awarded until such Environmental Impact Statement

21 is completed. In addition, $125,000 of the funds appro22 priated in fiscal year 1999 to the Bureau of Indian Af23 fairs, Safety of Dams Construction Account, Weber Dam,

24 shall be directed to assist the Walker River Paiute Tribe

25 in exploring the feasibility of establishing a Tribal-oper-
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1 ated Lahontan cutthroat trout hatchery on the Walker

2 River, in recognition of the negative impacts on the tribe

3 associated with delay in reconstruction of Weber Dam.

4 TITLE II—RELATED AGENCIES

5 DEPARTMENT OF AGRICULTURE

6 FOREST SERVICE

7 FOREST AND RANGELAND RESEARCH

8 For necessary expenses of forest and rangeland re9 search as authorized by law, $187,444,000, to remain

10 available until expended.

11 STATE AND PRIVATE FORESTRY

12 For necessary expenses of cooperating with and pro13 viding technical and financial assistance to States, terri14 tories, possessions, and others, and for forest health man15 agement, cooperative forestry, and education and land

16 conservation activities, $190,793,000, to remain available

17 until expended, as authorized by law.

18 NATIONAL FOREST SYSTEM

19 For necessary expenses of the Forest Service, not

20 otherwise provided for, for management, protection, im21 provement, and utilization of the National Forest System,

22 and for administrative expenses associated with the man23 agement of funds provided under the headings ‘‘Forest

24 and Rangeland Research’’, ‘‘State and Private Forestry’’,

25 ‘‘National Forest System’’, ‘‘Wildland Fire Management’’,

26 ‘‘Reconstruction and Construction’’, and ‘‘Land Acquisi-
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1 tion’’, $1,239,051,000, to remain available until expended,

2 which shall include 50 percent of all moneys received dur3 ing prior fiscal years as fees collected under the Land and

4 Water Conservation Fund Act of 1965, as amended, in

5 accordance with section 4 of the Act (16 U.S.C. 460l–

6 6a(i)).

7 WILDLAND FIRE MANAGEMENT

8 For necessary expenses for forest fire presuppression

9 activities on National Forest System lands, for emergency

10 fire suppression on or adjacent to such lands or other

11 lands under fire protection agreement, and for emergency

12 rehabilitation of burned-over National Forest System

13 lands and water, $560,980,000, to remain available until

14 expended: Provided, That such funds are available for re15 payment of advances from other appropriations accounts

16 previously transferred for such purposes: Provided further,

17 That notwithstanding any other provision of law, up to

18 $4,000,000 of funds appropriated under this appropria19 tion may be used for Fire Science Research in support

20 of the Joint Fire Science Program: Provided further, That

21 all authorities for the use of funds, including the use of

22 contracts, grants, and cooperative agreements, available to

23 execute the Forest Service and Rangeland Research ap24 propriation, are also available in the utilization of these

25 funds for Fire Science Research.
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1 For an additional amount to cover necessary expenses

2 for emergency rehabilitation, presuppression due to emer3 gencies, and wildfire suppression activities of the Forest

4 Service, $90,000,000, to remain available until expended:

5 Provided, That the entire amount is designated by Con6 gress as an emergency requirement pursuant to section

7 251(b)(2)(A) of the Balanced Budget and Emergency

8 Deficit Control Act of 1985, as amended: Provided further,

9 That these funds shall be available only to the extent an

10 official budget request for a specific dollar amount, that

11 includes designation of the entire amount of the request

12 as an emergency requirement as defined in the Balanced

13 Budget and Emergency Deficit Control Act of 1985, as

14 amended, is transmitted by the President to the Congress.

15 RECONSTRUCTION AND MAINTENANCE

16 For necessary expenses of the Forest Service, not

17 otherwise provided for, $362,095,000, to remain available

18 until expended for construction, reconstruction, mainte19 nance and acquisition of buildings and other facilities, and

20 for construction, reconstruction, repair and maintenance

21 of forest roads and trails by the Forest Service as author22 ized by 16 U.S.C. 532–538 and 23 U.S.C. 101 and 205:

23 Provided, That up to $15,000,000 of the funds provided

24 herein for road maintenance shall be available for the de25 commissioning of roads, including unauthorized roads not

26 part of the transportation system, which are no longer
65

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1 needed: Provided further, That no funds shall be expended

2 to decommission any system road until notice and an op3 portunity for public comment has been provided on each

4 decommissioning project: Provided further, That any unex5 pended balances of amounts previously appropriated for

6 Forest Service Reconstruction and Construction as well as

7 any unobligated balances remaining in the National For8 est System appropriation in the facility maintenance and

9 trail maintenance extended budget line items at the end

10 of fiscal year 1999 may be transferred to and made a part

11 of this appropriation.

12 LAND ACQUISITION

13 For expenses necessary to carry out the provisions

14 of the Land and Water Conservation Fund Act of 1965,

15 as amended (16 U.S.C. 460l–4 through 11), including ad16 ministrative expenses, and for acquisition of land or wa17 ters, or interest therein, in accordance with statutory au18 thority applicable to the Forest Service, $37,170,000, to

19 be derived from the Land and Water Conservation Fund,

20 to remain available until expended: Provided, That subject

21 to valid existing rights, all Federally owned lands and in22 terests in lands within the New World Mining District

23 comprising approximately 26,223 acres, more or less,

24 which are described in a Federal Register notice dated Au25 gust 19, 1997 (62 F.R. 44136–44137), are hereby with26 drawn from all forms of entry, appropriation, and disposal
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1 under the public land laws, and from location, entry and

2 patent under the mining laws, and from disposition under

3 all mineral and geothermal leasing laws.

4 ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL

5 ACTS

6 For acquisition of lands within the exterior bound7 aries of the Cache, Uinta, and Wasatch National Forests,

8 Utah; the Toiyabe National Forest, Nevada; and the An9 geles, San Bernardino, Sequoia, and Cleveland National

10 Forests, California, as authorized by law, $1,069,000, to

11 be derived from forest receipts.

12 ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES

13 For acquisition of lands, such sums, to be derived

14 from funds deposited by State, county, or municipal gov15 ernments, public school districts, or other public school au16 thorities pursuant to the Act of December 4, 1967, as

17 amended (16 U.S.C. 484a), to remain available until ex18 pended.

19 RANGE BETTERMENT FUND

20 For necessary expenses of range rehabilitation, pro21 tection, and improvement, 50 percent of all moneys re22 ceived during the prior fiscal year, as fees for grazing do23 mestic livestock on lands in National Forests in the six24 teen Western States, pursuant to section 401(b)(1) of

25 Public Law 94–579, as amended, to remain available until

26 expended, of which not to exceed 6 percent shall be avail-
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1 able for administrative expenses associated with on-the2 ground range rehabilitation, protection, and improve3 ments.

4 GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND

5 RANGELAND RESEARCH

6 For expenses authorized by 16 U.S.C. 1643(b),

7 $92,000, to remain available until expended, to be derived

8 from the fund established pursuant to the above Act.

9 ADMINISTRATIVE PROVISIONS, FOREST SERVICE

10 Appropriations to the Forest Service for the current

11 fiscal year shall be available for: (1) purchase of not to

12 exceed 110 passenger motor vehicles of which 15 will be

13 used primarily for law enforcement purposes and of which

14 109 shall be for replacement; acquisition of 25 passenger

15 motor vehicles from excess sources, and hire of such vehi16 cles; operation and maintenance of aircraft, the purchase

17 of not to exceed three for replacement only, and acquisi18 tion of sufficient aircraft from excess sources to maintain

19 the operable fleet at 213 aircraft for use in Forest Service

20 wildland fire programs and other Forest Service programs;

21 notwithstanding other provisions of law, existing aircraft

22 being replaced may be sold, with proceeds derived or

23 trade-in value used to offset the purchase price for the

24 replacement aircraft; (2) services pursuant to 7 U.S.C.

25 2225, and not to exceed $100,000 for employment under

26 5 U.S.C. 3109; (3) purchase, erection, and alteration of
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1 buildings and other public improvements (7 U.S.C. 2250);

2 (4) acquisition of land, waters, and interests therein, pur3 suant to 7 U.S.C. 428a; (5) for expenses pursuant to the

4 Volunteers in the National Forest Act of 1972 (16 U.S.C.

5 558a, 558d, and 558a note); (6) the cost of uniforms as

6 authorized by 5 U.S.C. 5901–5902; and (7) for debt col7 lection contracts in accordance with 31 U.S.C. 3718(c).

8 None of the funds made available under this Act shall

9 be obligated or expended to abolish any region, to move

10 or close any regional office for National Forest System

11 administration of the Forest Service, Department of Agri12 culture without the consent of the House and Senate Com13 mittees on Appropriations.

14 Any appropriations or funds available to the Forest

15 Service may be transferred to the Wildland Fire Manage16 ment appropriation for forest firefighting, emergency re17 habilitation of burned-over or damaged lands or waters

18 under its jurisdiction, and fire preparedness due to severe

19 burning conditions.

20 Funds appropriated to the Forest Service shall be

21 available for assistance to or through the Agency for Inter22 national Development and the Foreign Agricultural Serv23 ice in connection with forest and rangeland research, tech24 nical information, and assistance in foreign countries, and

25 shall be available to support forestry and related natural
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1 resource activities outside the United States and its terri2 tories and possessions, including technical assistance, edu3 cation and training, and cooperation with United States

4 and international organizations.

5 None of the funds made available to the Forest Serv6 ice under this Act shall be subject to transfer under the

7 provisions of section 702(b) of the Department of Agri8 culture Organic Act of 1944 (7 U.S.C. 2257) or 7 U.S.C.

9 147b unless the proposed transfer is approved in advance

10 by the House and Senate Committees on Appropriations

11 in compliance with the reprogramming procedures con12 tained in House Report 105–163.

13 None of the funds available to the Forest Service may

14 be reprogrammed without the advance approval of the

15 House and Senate Committees on Appropriations in ac16 cordance with the procedures contained in House Report

17 105–163.

18 No funds appropriated to the Forest Service shall be

19 transferred to the Working Capital Fund of the Depart20 ment of Agriculture without the approval of the Chief of

21 the Forest Service.

22 Funds available to the Forest Service shall be avail23 able to conduct a program of not less than $1,000,000

24 for high priority projects within the scope of the approved

25 budget which shall be carried out by the Youth Conserva-
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1 tion Corps as authorized by the Act of August 13, 1970,

2 as amended by Public Law 93–408.

3 Of the funds available to the Forest Service, $1,500

4 is available to the Chief of the Forest Service for official

5 reception and representation expenses.

6 To the greatest extent possible, and in accordance

7 with the Final Amendment to the Shawnee National For8 est Plan, none of the funds available in this Act shall be

9 used for preparation of timber sales using clearcutting or

10 other forms of even-aged management in hardwood stands

11 in the Shawnee National Forest, Illinois.

12 Pursuant to sections 405(b) and 410(b) of Public

13 Law 101–593, of the funds available to the Forest Service,

14 up to $2,250,000 may be advanced in a lump sum as Fed15 eral financial assistance to the National Forest Founda16 tion, without regard to when the Foundation incurs ex17 penses, for administrative expenses or projects on or bene18 fitting National Forest System lands or related to Forest

19 Service programs: Provided, That of the Federal funds

20 made available to the Foundation, no more than $400,000

21 shall be available for administrative expenses: Provided

22 further, That the Foundation shall obtain, by the end of

23 the period of Federal financial assistance, private con24 tributions to match on at least one-for-one basis funds

25 made available by the Forest Service: Provided further,
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1 That the Foundation may transfer Federal funds to a

2 non-Federal recipient for a project at the same rate that

3 the recipient has obtained the non-Federal matching

4 funds: Provided further, That hereafter, the National For5 est Foundation may hold Federal funds made available

6 but not immediately disbursed and may use any interest

7 or other investment income earned (before, on, or after

8 the date of enactment of this Act) on Federal funds to

9 carry out the purposes of Public Law 101–593: Provided

10 further, That such investments may be made only in inter11 est-bearing obligations of the United States or in obliga12 tions guaranteed as to both principal and interest by the

13 United States.

14 Pursuant to section 2(b)(2) of Public Law 98–244,

15 up to $2,650,000 of the funds available to the Forest

16 Service shall be available for matching funds to the Na17 tional Fish and Wildlife Foundation, as authorized by 16

18 U.S.C. 3701–3709, and may be advanced in a lump sum

19 as Federal financial assistance, without regard to when

20 expenses are incurred, for projects on or benefitting Na21 tional Forest System lands or related to Forest Service

22 programs: Provided, That the Foundation shall obtain, by

23 the end of the period of Federal financial assistance, pri24 vate contributions to match on at least one-for-one basis

25 funds advanced by the Forest Service: Provided further,
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1 That the Foundation may transfer Federal funds to a

2 non-Federal recipient for a project at the same rate that

3 the recipient has obtained the non-Federal matching

4 funds.

5 Funds appropriated to the Forest Service shall be

6 available for interactions with and providing technical as7 sistance to rural communities for sustainable rural devel8 opment purposes.

9 Notwithstanding any other provision of law, 80 per10 cent of the funds appropriated to the Forest Service in

11 the ‘‘National Forest System’’ and ‘‘Reconstruction and

12 Construction’’ accounts and planned to be allocated to ac13 tivities under the ‘‘Jobs in the Woods’’ program for

14 projects on National Forest land in the State of Wash15 ington may be granted directly to the Washington State

16 Department of Fish and Wildlife for accomplishment of

17 planned projects. Twenty percent of said funds shall be

18 retained by the Forest Service for planning and admin19 istering projects. Project selection and prioritization shall

20 be accomplished by the Forest Service with such consulta21 tion with the State of Washington as the Forest Service

22 deems appropriate.

23 Funds appropriated to the Forest Service shall be

24 available for payments to counties within the Columbia

25 River Gorge National Scenic Area, pursuant to sections
73

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1 14(c)(1) and (2), and section 16(a)(2) of Public Law 99–

2 663.

3 The Secretary of Agriculture is authorized to enter

4 into grants, contracts, and cooperative agreements as ap5 propriate with the Pinchot Institute for Conservation, as

6 well as with public and other private agencies, organiza7 tions, institutions, and individuals, to provide for the de8 velopment, administration, maintenance, or restoration of

9 land, facilities, or Forest Service programs, at the Grey

10 Towers National Historic Landmark: Provided, That, sub11 ject to such terms and conditions as the Secretary of Agri12 culture may prescribe, any such public or private agency,

13 organization, institution, or individual may solicit, accept,

14 and administer private gifts of money and real or personal

15 property for the benefit of, or in connection with, the ac16 tivities and services at the Grey Towers National Historic

17 Landmark: Provided further, That such gifts may be ac18 cepted notwithstanding the fact that a donor conducts

19 business with the Department of Agriculture in any capac20 ity.

21 Funds appropriated to the Forest Service shall be

22 available, as determined by the Secretary, for payments

23 to Del Norte County, California, pursuant to sections

24 13(e) and 14 of the Smith River National Recreation Area

25 Act (Public Law 101–612).
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1 For purposes of the Southeast Alaska Economic Dis2 aster Fund as set forth in section 101(c) of Public Law

3 104–134, the direct grants provided in subsection (c) shall

4 be considered direct payments for purposes of all applica5 ble law except that these direct grants may not be used

6 for lobbying activities.

7 No employee of the Department of Agriculture may

8 be detailed or assigned from an agency or office funded

9 by this Act to any other agency or office of the Depart10 ment for more than 30 days unless the individual’s em11 ploying agency or office is fully reimbursed by the receiv12 ing agency or office for the salary and expenses of the

13 employee for the period of assignment.

14 The Forest Service shall fund overhead, national

15 commitments, indirect expenses, and any other category

16 for use of funds which are expended at any units, that

17 are not directly related to the accomplishment of specific

18 work on-the-ground (referred to as ‘‘indirect expendi19 tures’’), from funds available to the Forest Service, unless

20 otherwise prohibited by law: Provided, That the Forest

21 Service shall implement and adhere to the definitions of

22 indirect expenditures established pursuant to Public Law

23 105–277 on a nationwide basis without flexibility for

24 modification by any organizational level except the Wash25 ington Office, and when changed by the Washington Of-
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1 fice, such changes in definition shall be reported in budget

2 requests submitted by the Forest Service: Provided fur3 ther, That the Forest Service shall provide in all future

4 budget justifications, planned indirect expenditures in ac5 cordance with the definitions, summarized and displayed

6 to the Regional, Station, Area, and detached unit office

7 level. The justification shall display the estimated source

8 and amount of indirect expenditures, by expanded budget

9 line item, of funds in the agency’s annual budget justifica10 tion. The display shall include appropriated funds and the

11 Knutson-Vandenberg, Brush Disposal, Cooperative Work12 Other, and Salvage Sale funds. Changes between esti13 mated and actual indirect expenditures shall be reported

14 in subsequent budget justifications: Provided further, That

15 during fiscal year 2000 the Secretary shall limit total an16 nual indirect obligations from the Brush Disposal, Cooper17 ative Work-Other, Knutson-Vandenberg, Reforestation,

18 Salvage Sale, and Roads and Trails funds to 20 percent

19 of the total obligations from each fund.

20 Notwithstanding any other provision of law, any appro21 priations or funds available to the Forest Service may be

22 used to reimburse the Office of the General Counsel

23 (OGC), Department of Agriculture, for travel and related

24 expenses incurred as a result of OGC assistance or partici25 pation requested by the Forest Service at meetings, train-
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1 ing sessions, management reviews, land purchase negotia2 tions and similar non-litigation related matters: Provided,

3 That no more than $500,000 is transferred: Provided fur4 ther, That future budget justifications for both the Forest

5 Service and the Department of Agriculture clearly display

6 the sums previously transferred and request future fund7 ing levels.

8 Any appropriations or funds available to the Forest

9 Service may be used for necessary expenses in the event

10 of law enforcement emergencies as necessary to protect

11 natural resources and public or employee safety.

12 Of any funds available to Region 10 of the Forest

13 Service, exclusive of funds for timber sales management

14 or road reconstruction/construction, $7,000,000 shall be

15 used in fiscal year 2000 to support implementation of the

16 recent amendments to the Pacific Salmon Treaty with

17 Canada which require fisheries enhancements on the

18 Tongass National Forest.

19 DEPARTMENT OF ENERGY

20 CLEAN COAL TECHNOLOGY

21 (DEFERRAL)

22 Of the funds made available under this heading for

23 obligation in prior years, $156,000,000 shall not be avail24 able until October 1, 2000: Provided, That funds made

25 available in previous appropriations Acts shall be available
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1 for any ongoing project regardless of the separate request

2 for proposal under which the project was selected.

3 FOSSIL ENERGY RESEARCH AND DEVELOPMENT

4 For necessary expenses in carrying out fossil energy

5 research and development activities, under the authority

6 of the Department of Energy Organization Act (Public

7 Law 95–91), including the acquisition of interest, includ8 ing defeasible and equitable interests in any real property

9 or any facility or for plant or facility acquisition or expan10 sion, and for conducting inquiries, technological investiga11 tions and research concerning the extraction, processing,

12 use, and disposal of mineral substances without objection13 able social and environmental costs (30 U.S.C. 3, 1602,

14 and 1603), performed under the minerals and materials

15 science programs at the Albany Research Center in Or16 egon, $390,975,000, to remain available until expended,

17 of which $24,000,000 shall be derived by transfer from

18 unobligated balances in the Biomass Energy Development

19 account: Provided, That no part of the sum herein made

20 available shall be used for the field testing of nuclear ex21 plosives in the recovery of oil and gas.

22 ALTERNATIVE FUELS PRODUCTION

23 (INCLUDING TRANSFER OF FUNDS)

24 Moneys received as investment income on the prin25 cipal amount in the Great Plains Project Trust at the
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1 Norwest Bank of North Dakota, in such sums as are

2 earned as of October 1, 1999, shall be deposited in this

3 account and immediately transferred to the general fund

4 of the Treasury. Moneys received as revenue sharing from

5 operation of the Great Plains Gasification Plant and set6 tlement payments shall be immediately transferred to the

7 general fund of the Treasury.

8 NAVAL PETROLEUM AND OIL SHALE RESERVES

9 The requirements of 10 U.S.C. 7430(b)(2)(B) shall

10 not apply to fiscal year 2000: Provided, That, notwith11 standing any other provision of law, unobligated funds re12 maining from prior years shall be available for all naval

13 petroleum and oil shale reserve activities.

14 ENERGY CONSERVATION

15 For necessary expenses in carrying out energy con16 servation activities, $682,817,000, to remain available

17 until expended, of which $25,000,000 shall be derived by

18 transfer from unobligated balances in the Biomass Energy

19 Development account: Provided, That $166,000,000 shall

20 be for use in energy conservation programs as defined in

21 section 3008(3) of Public Law 99–509 (15 U.S.C. 4507):

22 Provided further, That notwithstanding section 3003(d)(2)

23 of Public Law 99–509, such sums shall be allocated to

24 the eligible programs as follows: $133,000,000 for weath-
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1 erization assistance grants and $33,000,000 for State en2 ergy conservation grants.

3 ECONOMIC REGULATION

4 For necessary expenses in carrying out the activities

5 of the Office of Hearings and Appeals, $2,000,000, to re6 main available until expended.

7 STRATEGIC PETROLEUM RESERVE

8 For necessary expenses for Strategic Petroleum Re9 serve facility development and operations and program

10 management activities pursuant to the Energy Policy and

11 Conservation Act of 1975, as amended (42 U.S.C. 6201

12 et seq.), $159,000,000, to remain available until expended:

13 Provided, That the Secretary of Energy hereafter may

14 transfer to the SPR Petroleum Account such funds as may

15 be necessary to carry out drawdown and sale operations

16 of the Strategic Petroleum Reserve initiated under section

17 161 of the Energy Policy and Conservation Act (42 U.S.C.

18 6241) from any funds available to the Department of En19 ergy under this Act or previous appropriations Acts. All

20 funds transferred pursuant to this authority must be re21 plenished as promptly as possible from oil sale receipts

22 pursuant to the drawdown and sale.
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1 ENERGY INFORMATION ADMINISTRATION

2 For necessary expenses in carrying out the activities

3 of the Energy Information Administration, $70,500,000,

4 to remain available until expended.

5 ADMINISTRATIVE PROVISIONS, DEPARTMENT OF ENERGY

6 Appropriations under this Act for the current fiscal

7 year shall be available for hire of passenger motor vehicles;

8 hire, maintenance, and operation of aircraft; purchase, re9 pair, and cleaning of uniforms; and reimbursement to the

10 General Services Administration for security guard serv11 ices.

12 From appropriations under this Act, transfers of

13 sums may be made to other agencies of the Government

14 for the performance of work for which the appropriation

15 is made.

16 None of the funds made available to the Department

17 of Energy under this Act shall be used to implement or

18 finance authorized price support or loan guarantee pro19 grams unless specific provision is made for such programs

20 in an appropriations Act.

21 The Secretary is authorized to accept lands, build22 ings, equipment, and other contributions from public and

23 private sources and to prosecute projects in cooperation

24 with other agencies, Federal, State, private or foreign:

25 Provided, That revenues and other moneys received by or

26 for the account of the Department of Energy or otherwise
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1 generated by sale of products in connection with projects

2 of the Department appropriated under this Act may be

3 retained by the Secretary of Energy, to be available until

4 expended, and used only for plant construction, operation,

5 costs, and payments to cost-sharing entities as provided

6 in appropriate cost-sharing contracts or agreements: Pro7 vided further, That the remainder of revenues after the

8 making of such payments shall be covered into the Treas9 ury as miscellaneous receipts: Provided further, That any

10 contract, agreement, or provision thereof entered into by

11 the Secretary pursuant to this authority shall not be exe12 cuted prior to the expiration of 30 calendar days (not in13 cluding any day in which either House of Congress is not

14 in session because of adjournment of more than three cal15 endar days to a day certain) from the receipt by the

16 Speaker of the House of Representatives and the Presi17 dent of the Senate of a full comprehensive report on such

18 project, including the facts and circumstances relied upon

19 in support of the proposed project.

20 No funds provided in this Act may be expended by

21 the Department of Energy to prepare, issue, or process

22 procurement documents for programs or projects for

23 which appropriations have not been made.

24 In addition to other authorities set forth in this Act,

25 the Secretary may accept fees and contributions from pub-
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1 lic and private sources, to be deposited in a contributed

2 funds account, and prosecute projects using such fees and

3 contributions in cooperation with other Federal, State or

4 private agencies or concerns.

5 DEPARTMENT OF HEALTH AND HUMAN

6 SERVICES

7 INDIAN HEALTH SERVICE

8 INDIAN HEALTH SERVICES

9 For expenses necessary to carry out the Act of Au10 gust 5, 1954 (68 Stat. 674), the Indian Self-Determina11 tion Act, the Indian Health Care Improvement Act, and

12 titles II and III of the Public Health Service Act with re13 spect to the Indian Health Service, $2,135,561,000, to14 gether with payments received during the fiscal year pur15 suant to 42 U.S.C. 238(b) for services furnished by the

16 Indian Health Service: Provided, That funds made avail17 able to tribes and tribal organizations through contracts,

18 grant agreements, or any other agreements or compacts

19 authorized by the Indian Self-Determination and Edu20 cation Assistance Act of 1975 (25 U.S.C. 450), shall be

21 deemed to be obligated at the time of the grant or contract

22 award and thereafter shall remain available to the tribe

23 or tribal organization without fiscal year limitation: Pro24 vided further, That $12,000,000 shall remain available

25 until expended, for the Indian Catastrophic Health Emer-
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1 gency Fund: Provided further, That $384,442,000 for con2 tract medical care shall remain available for obligation

3 until September 30, 2001: Provided further, That of the

4 funds provided, up to $17,000,000 shall be used to carry

5 out the loan repayment program under section 108 of the

6 Indian Health Care Improvement Act: Provided further,

7 That funds provided in this Act may be used for one-year

8 contracts and grants which are to be performed in two

9 fiscal years, so long as the total obligation is recorded in

10 the year for which the funds are appropriated: Provided

11 further, That the amounts collected by the Secretary of

12 Health and Human Services under the authority of title

13 IV of the Indian Health Care Improvement Act shall re14 main available until expended for the purpose of achieving

15 compliance with the applicable conditions and require16 ments of titles XVIII and XIX of the Social Security Act

17 (exclusive of planning, design, or construction of new fa18 cilities): Provided further, That funding contained herein,

19 and in any earlier appropriations Acts for scholarship pro20 grams under the Indian Health Care Improvement Act

21 (25 U.S.C. 1613) shall remain available for obligation

22 until September 30, 2001: Provided further, That amounts

23 received by tribes and tribal organizations under title IV

24 of the Indian Health Care Improvement Act shall be re25 ported and accounted for and available to the receiving
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1 tribes and tribal organizations until expended: Provided

2 further, That, notwithstanding any other provision of law,

3 of the amounts provided herein, not to exceed

4 $203,781,000 shall be for payments to tribes and tribal

5 organizations for contract or grant support costs associ6 ated with contracts, grants, self-governance compacts or

7 annual funding agreements between the Indian Health

8 Service and a tribe or tribal organization pursuant to the

9 Indian Self-Determination Act of 1975, as amended, prior

10 to or during fiscal year 2000.

11 INDIAN HEALTH FACILITIES

12 For construction, repair, maintenance, improvement,

13 and equipment of health and related auxiliary facilities,

14 including quarters for personnel; preparation of plans,

15 specifications, and drawings; acquisition of sites, purchase

16 and erection of modular buildings, and purchases of trail17 ers; and for provision of domestic and community sanita18 tion facilities for Indians, as authorized by section 7 of

19 the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian

20 Self-Determination Act, and the Indian Health Care Im21 provement Act, and for expenses necessary to carry out

22 such Acts and titles II and III of the Public Health Serv23 ice Act with respect to environmental health and facilities

24 support activities of the Indian Health Service,

25 $189,252,000, to remain available until expended: Pro26 vided, That notwithstanding any other provision of law,
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1 funds appropriated for the planning, design, construction

2 or renovation of health facilities for the benefit of an In3 dian tribe or tribes may be used to purchase land for sites

4 to construct, improve, or enlarge health or related facili5 ties.

6 ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE

7 Appropriations in this Act to the Indian Health Serv8 ice shall be available for services as authorized by 5 U.S.C.

9 3109 but at rates not to exceed the per diem rate equiva10 lent to the maximum rate payable for senior-level positions

11 under 5 U.S.C. 5376; hire of passenger motor vehicles and

12 aircraft; purchase of medical equipment; purchase of re13 prints; purchase, renovation and erection of modular

14 buildings and renovation of existing facilities; payments

15 for telephone service in private residences in the field,

16 when authorized under regulations approved by the Sec17 retary; and for uniforms or allowances therefore as au18 thorized by 5 U.S.C. 5901–5902; and for expenses of at19 tendance at meetings which are concerned with the func20 tions or activities for which the appropriation is made or

21 which will contribute to improved conduct, supervision, or

22 management of those functions or activities: Provided,

23 That in accordance with the provisions of the Indian

24 Health Care Improvement Act, non-Indian patients may

25 be extended health care at all tribally administered or In-
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1 dian Health Service facilities, subject to charges, and the

2 proceeds along with funds recovered under the Federal

3 Medical Care Recovery Act (42 U.S.C. 2651–2653) shall

4 be credited to the account of the facility providing the

5 service and shall be available without fiscal year limitation:

6 Provided further, That notwithstanding any other law or

7 regulation, funds transferred from the Department of

8 Housing and Urban Development to the Indian Health

9 Service shall be administered under Public Law 86–121

10 (the Indian Sanitation Facilities Act) and Public Law 93–

11 638, as amended: Provided further, That funds appro12 priated to the Indian Health Service in this Act, except

13 those used for administrative and program direction pur14 poses, shall not be subject to limitations directed at cur15 tailing Federal travel and transportation: Provided further,

16 That notwithstanding any other provision of law, funds

17 previously or herein made available to a tribe or tribal or18 ganization through a contract, grant, or agreement au19 thorized by title I or title III of the Indian Self-Determina20 tion and Education Assistance Act of 1975 (25 U.S.C.

21 450), may be deobligated and reobligated to a self-deter22 mination contract under title I, or a self-governance agree23 ment under title III of such Act and thereafter shall re24 main available to the tribe or tribal organization without

25 fiscal year limitation: Provided further, That none of the
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1 funds made available to the Indian Health Service in this

2 Act shall be used to implement the final rule published

3 in the Federal Register on September 16, 1987, by the

4 Department of Health and Human Services, relating to

5 the eligibility for the health care services of the Indian

6 Health Service until the Indian Health Service has sub7 mitted a budget request reflecting the increased costs as8 sociated with the proposed final rule, and such request has

9 been included in an appropriations Act and enacted into

10 law: Provided further, That funds made available in this

11 Act are to be apportioned to the Indian Health Service

12 as appropriated in this Act, and accounted for in the ap13 propriation structure set forth in this Act: Provided fur14 ther, That with respect to functions transferred by the In15 dian Health Service to tribes or tribal organizations, the

16 Indian Health Service is authorized to provide goods and

17 services to those entities, on a reimbursable basis, includ18 ing payment in advance with subsequent adjustment, and

19 the reimbursements received therefrom, along with the

20 funds received from those entities pursuant to the Indian

21 Self-Determination Act, may be credited to the same or

22 subsequent appropriation account which provided the

23 funding, said amounts to remain available until expended:

24 Provided further, That reimbursements for training, tech25 nical assistance, or services provided by the Indian Health
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1 Service will contain total costs, including direct, adminis2 trative, and overhead associated with the provision of

3 goods, services, or technical assistance: Provided further,

4 That the appropriation structure for the Indian Health

5 Service may not be altered without advance approval of

6 the House and Senate Committees on Appropriations.

7 OTHER RELATED AGENCIES

8 OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION

9 SALARIES AND EXPENSES

10 For necessary expenses of the Office of Navajo and

11 Hopi Indian Relocation as authorized by Public Law 93–

12 531, $8,000,000, to remain available until expended: Pro13 vided, That funds provided in this or any other appropria14 tions Act are to be used to relocate eligible individuals and

15 groups including evictees from District 6, Hopi-partitioned

16 lands residents, those in significantly substandard hous17 ing, and all others certified as eligible and not included

18 in the preceding categories: Provided further, That none

19 of the funds contained in this or any other Act may be

20 used by the Office of Navajo and Hopi Indian Relocation

21 to evict any single Navajo or Navajo family who, as of

22 November 30, 1985, was physically domiciled on the lands

23 partitioned to the Hopi Tribe unless a new or replacement

24 home is provided for such household: Provided further,

25 That no relocatee will be provided with more than one new
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1 or replacement home: Provided further, That the Office

2 shall relocate any certified eligible relocatees who have se3 lected and received an approved homesite on the Navajo

4 reservation or selected a replacement residence off the

5 Navajo reservation or on the land acquired pursuant to

6 25 U.S.C. 640d–10.

7 INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE

8 CULTURE AND ARTS DEVELOPMENT

9 PAYMENT TO THE INSTITUTE

10 For payment to the Institute of American Indian and

11 Alaska Native Culture and Arts Development, as author12 ized by title XV of Public Law 99–498, as amended (20

13 U.S.C. 56 part A), $4,250,000.

14 SMITHSONIAN INSTITUTION

15 SALARIES AND EXPENSES

16 For necessary expenses of the Smithsonian Institu17 tion, as authorized by law, including research in the fields

18 of art, science, and history; development, preservation, and

19 documentation of the National Collections; presentation of

20 public exhibits and performances; collection, preparation,

21 dissemination, and exchange of information and publica22 tions; conduct of education, training, and museum assist23 ance programs; maintenance, alteration, operation, lease

24 (for terms not to exceed 30 years), and protection of build25 ings, facilities, and approaches; not to exceed $100,000
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1 for services as authorized by 5 U.S.C. 3109; up to 5 re2 placement passenger vehicles; purchase, rental, repair, and

3 cleaning of uniforms for employees; $364,562,000, of

4 which not to exceed $40,704,000 for the instrumentation

5 program, collections acquisition, Museum Support Center

6 equipment and move, exhibition reinstallation, the Na7 tional Museum of the American Indian, the repatriation

8 of skeletal remains program, research equipment, informa9 tion management, and Latino programming shall remain

10 available until expended, and including such funds as may

11 be necessary to support American overseas research cen12 ters and a total of $125,000 for the Council of American

13 Overseas Research Centers: Provided, That funds appro14 priated herein are available for advance payments to inde15 pendent contractors performing research services or par16 ticipating in official Smithsonian presentations.

17 CONSTRUCTION AND IMPROVEMENTS, NATIONAL

18 ZOOLOGICAL PARK

19 For necessary expenses of planning, construction, re20 modeling, and equipping of buildings and facilities at the

21 National Zoological Park, by contract or otherwise,

22 $4,400,000, to remain available until expended.

23 REPAIR AND RESTORATION OF BUILDINGS

24 For necessary expenses of repair and restoration of

25 buildings owned or occupied by the Smithsonian Institu26 tion, by contract or otherwise, as authorized by section
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1 2 of the Act of August 22, 1949 (63 Stat. 623), including

2 not to exceed $10,000 for services as authorized by 5

3 U.S.C. 3109, $35,000,000, to remain available until ex4 pended: Provided, That contracts awarded for environ5 mental systems, protection systems, and exterior repair or

6 restoration of buildings of the Smithsonian Institution

7 may be negotiated with selected contractors and awarded

8 on the basis of contractor qualifications as well as price.

9 CONSTRUCTION

10 For necessary expenses for construction,

11 $19,000,000, to remain available until expended.

12 ADMINISTRATIVE PROVISIONS, SMITHSONIAN

13 INSTITUTION

14 None of the funds in this or any other Act may be

15 used to initiate the design for any proposed expansion of

16 current space or new facility without consultation with the

17 House and Senate Appropriations Committees.

18 The Smithsonian Institution shall not use Federal

19 funds in excess of the amount specified in Public Law

20 101–185 for the construction of the National Museum of

21 the American Indian.

22 NATIONAL GALLERY OF ART

23 SALARIES AND EXPENSES

24 For the upkeep and operations of the National Gal25 lery of Art, the protection and care of the works of art

26 therein, and administrative expenses incident thereto, as
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1 authorized by the Act of March 24, 1937 (50 Stat. 51),

2 as amended by the public resolution of April 13, 1939

3 (Public Resolution 9, Seventy-sixth Congress), including

4 services as authorized by 5 U.S.C. 3109; payment in ad5 vance when authorized by the treasurer of the Gallery for

6 membership in library, museum, and art associations or

7 societies whose publications or services are available to

8 members only, or to members at a price lower than to the

9 general public; purchase, repair, and cleaning of uniforms

10 for guards, and uniforms, or allowances therefor, for other

11 employees as authorized by law (5 U.S.C. 5901–5902);

12 purchase or rental of devices and services for protecting

13 buildings and contents thereof, and maintenance, alter14 ation, improvement, and repair of buildings, approaches,

15 and grounds; and purchase of services for restoration and

16 repair of works of art for the National Gallery of Art by

17 contracts made, without advertising, with individuals,

18 firms, or organizations at such rates or prices and under

19 such terms and conditions as the Gallery may deem prop20 er, $61,438,000, of which not to exceed $3,026,000 for

21 the special exhibition program shall remain available until

22 expended.

23 REPAIR, RESTORATION AND RENOVATION OF BUILDINGS

24 For necessary expenses of repair, restoration and

25 renovation of buildings, grounds and facilities owned or

26 occupied by the National Gallery of Art, by contract or
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1 otherwise, as authorized, $6,311,000, to remain available

2 until expended: Provided, That contracts awarded for envi3 ronmental systems, protection systems, and exterior repair

4 or renovation of buildings of the National Gallery of Art

5 may be negotiated with selected contractors and awarded

6 on the basis of contractor qualifications as well as price.

7 JOHN F. KENNEDY CENTER FOR THE PERFORMING

8 ARTS

9 OPERATIONS AND MAINTENANCE

10 For necessary expenses for the operation, mainte11 nance and security of the John F. Kennedy Center for

12 the Performing Arts, $14,000,000.

13 CONSTRUCTION

14 For necessary expenses for capital repair and reha15 bilitation of the existing features of the building and site

16 of the John F. Kennedy Center for the Performing Arts,

17 $20,000,000, to remain available until expended.

18 WOODROW WILSON INTERNATIONAL CENTER FOR

19 SCHOLARS

20 SALARIES AND EXPENSES

21 For expenses necessary in carrying out the provisions

22 of the Woodrow Wilson Memorial Act of 1968 (82 Stat.

23 1356) including hire of passenger vehicles and services as

24 authorized by 5 U.S.C. 3109, $6,040,000.
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1 NATIONAL FOUNDATION ON THE ARTS AND THE

2 HUMANITIES

3 NATIONAL ENDOWMENT FOR THE ARTS

4 GRANTS AND ADMINISTRATION

5 For necessary expenses to carry out the National

6 Foundation on the Arts and the Humanities Act of 1965,

7 as amended, $86,000,000 shall be available to the Na8 tional Endowment for the Arts for the support of projects

9 and productions in the arts through assistance to organi10 zations and individuals pursuant to sections 5(c) and 5(g)

11 of the Act, for program support, and for administering

12 the functions of the Act, to remain available until ex13 pended.

14 MATCHING GRANTS

15 To carry out the provisions of section 10(a)(2) of the

16 National Foundation on the Arts and the Humanities Act

17 of 1965, as amended, $13,000,000, to remain available

18 until expended, to the National Endowment for the Arts:

19 Provided, That this appropriation shall be available for ob20 ligation only in such amounts as may be equal to the total

21 amounts of gifts, bequests, and devises of money, and

22 other property accepted by the chairman or by grantees

23 of the Endowment under the provisions of section

24 10(a)(2), subsections 11(a)(2)(A) and 11(a)(3)(A) during

25 the current and preceding fiscal years for which equal

26 amounts have not previously been appropriated.
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1 NATIONAL ENDOWMENT FOR THE HUMANITIES

2 GRANTS AND ADMINISTRATION

3 For necessary expenses to carry out the National

4 Foundation on the Arts and the Humanities Act of 1965,

5 as amended, $97,550,000, shall be available to the Na6 tional Endowment for the Humanities for support of ac7 tivities in the humanities, pursuant to section 7(c) of the

8 Act, and for administering the functions of the Act, to

9 remain available until expended.

10 MATCHING GRANTS

11 To carry out the provisions of section 10(a)(2) of the

12 National Foundation on the Arts and the Humanities Act

13 of 1965, as amended, $14,150,000, to remain available

14 until expended, of which $10,150,000 shall be available

15 to the National Endowment for the Humanities for the

16 purposes of section 7(h): Provided, That this appropria17 tion shall be available for obligation only in such amounts

18 as may be equal to the total amounts of gifts, bequests,

19 and devises of money, and other property accepted by the

20 chairman or by grantees of the Endowment under the pro21 visions of subsections 11(a)(2)(B) and 11(a)(3)(B) during

22 the current and preceding fiscal years for which equal

23 amounts have not previously been appropriated.
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1 INSTITUTE OF MUSEUM AND LIBRARY SERVICES

2 OFFICE OF MUSEUM SERVICES

3 GRANTS AND ADMINISTRATION

4 For carrying out subtitle C of the Museum and Li5 brary Services Act of 1996, as amended, $23,905,000, to

6 remain available until expended.

7 ADMINISTRATIVE PROVISIONS

8 None of the funds appropriated to the National

9 Foundation on the Arts and the Humanities may be used

10 to process any grant or contract documents which do not

11 include the text of 18 U.S.C. 1913: Provided, That none

12 of the funds appropriated to the National Foundation on

13 the Arts and the Humanities may be used for official re14 ception and representation expenses: Provided further,

15 That funds from nonappropriated sources may be used as

16 necessary for official reception and representation ex17 penses.

18 COMMISSION OF FINE ARTS

19 SALARIES AND EXPENSES

20 For expenses made necessary by the Act establishing

21 a Commission of Fine Arts (40 U.S.C. 104), $1,078,000:

22 Provided, That beginning in fiscal year 2000 and there23 after, the Commission is authorized to charge fees to cover

24 the full costs of its publications, and such fees shall be

25 credited to this account as an offsetting collection, to re-
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1 main available until expended without further appropria2 tion.

3 NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS

4 For necessary expenses as authorized by Public Law

5 99–190 (20 U.S.C. 956(a)), as amended, $7,000,000.

6 ADVISORY COUNCIL ON HISTORIC PRESERVATION

7 SALARIES AND EXPENSES

8 For necessary expenses of the Advisory Council on

9 Historic Preservation (Public Law 89–665, as amended),

10 $2,906,000: Provided, That none of these funds shall be

11 available for compensation of level V of the Executive

12 Schedule or higher positions.

13 NATIONAL CAPITAL PLANNING COMMISSION

14 SALARIES AND EXPENSES

15 For necessary expenses, as authorized by the Na16 tional Capital Planning Act of 1952 (40 U.S.C. 71–71i),

17 including services as authorized by 5 U.S.C. 3109,

18 $6,312,000: Provided, That all appointed members will be

19 compensated at a rate not to exceed the rate for level IV

20 of the Executive Schedule.

21 UNITED STATES HOLOCAUST MEMORIAL COUNCIL

22 HOLOCAUST MEMORIAL COUNCIL

23 For expenses of the Holocaust Memorial Council, as

24 authorized by Public Law 96–388 (36 U.S.C. 1401), as

25 amended, $33,286,000, of which $1,575,000 for the muse-
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1 um’s repair and rehabilitation program and $1,264,000

2 for the museum’s exhibitions program shall remain avail3 able until expended.

4 PRESIDIO TRUST

5 PRESIDIO TRUST FUND

6 For necessary expenses to carry out title I of the Om7 nibus Parks and Public Lands Management Act of 1996,

8 $24,400,000 shall be available to the Presidio Trust, to

9 remain available until expended, of which up to

10 $1,040,000 may be for the cost of guaranteed loans, as

11 authorized by section 104(d) of the Act: Provided, That

12 such costs, including the cost of modifying such loans,

13 shall be as defined in section 502 of the Congressional

14 Budget Act of 1974: Provided further, That these funds

15 are available to subsidize total loan principal, any part of

16 which is to be guaranteed, not to exceed $200,000,000.

17 The Trust is authorized to issue obligations to the Sec18 retary of the Treasury pursuant to section 104(d)(3) of

19 the Act, in an amount not to exceed $20,000,000.

20 TITLE III—GENERAL PROVISIONS

21 SEC. 301. The expenditure of any appropriation

22 under this Act for any consulting service through procure23 ment contract, pursuant to 5 U.S.C. 3109, shall be limited

24 to those contracts where such expenditures are a matter

25 of public record and available for public inspection, except
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1 where otherwise provided under existing law, or under ex2 isting Executive Order issued pursuant to existing law.

3 SEC. 302. No part of any appropriation under this

4 Act shall be available to the Secretary of the Interior or

5 the Secretary of Agriculture for the leasing of oil and nat6 ural gas by noncompetitive bidding on publicly owned

7 lands within the boundaries of the Shawnee National For8 est, Illinois: Provided, That nothing herein is intended to

9 inhibit or otherwise affect the sale, lease, or right to access

10 to minerals owned by private individuals.

11 SEC. 303. No part of any appropriation contained in

12 this Act shall be available for any activity or the publica13 tion or distribution of literature that in any way tends to

14 promote public support or opposition to any legislative

15 proposal on which congressional action is not complete.

16 SEC. 304. No part of any appropriation contained in

17 this Act shall remain available for obligation beyond the

18 current fiscal year unless expressly so provided herein.

19 SEC. 305. None of the funds provided in this Act to

20 any department or agency shall be obligated or expended

21 to provide a personal cook, chauffeur, or other personal

22 servants to any officer or employee of such department

23 or agency except as otherwise provided by law.

24 SEC. 306. No assessments may be levied against any

25 program, budget activity, subactivity, or project funded by
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1 this Act unless advance notice of such assessments and

2 the basis therefor are presented to the Committees on Ap3 propriations and are approved by such Committees.

4 SEC. 307. (a) COMPLIANCE WITH BUY AMERICAN

5 ACT.—None of the funds made available in this Act may

6 be expended by an entity unless the entity agrees that in

7 expending the funds the entity will comply with sections

8 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a–

9 10c; popularly known as the ‘‘Buy American Act’’).

10 (b) SENSE OF CONGRESS; REQUIREMENT REGARD11 ING NOTICE.—

12 (1) PURCHASE OF AMERICAN-MADE EQUIPMENT

13 AND PRODUCTS.—In the case of any equipment or

14 product that may be authorized to be purchased

15 with financial assistance provided using funds made

16 available in this Act, it is the sense of the Congress

17 that entities receiving the assistance should, in ex18 pending the assistance, purchase only American19 made equipment and products.

20 (2) NOTICE TO RECIPIENTS OF ASSISTANCE.—

21 In providing financial assistance using funds made

22 available in this Act, the head of each Federal agen23 cy shall provide to each recipient of the assistance

24 a notice describing the statement made in paragraph

25 (1) by the Congress.
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1 (c) PROHIBITION OF CONTRACTS WITH PERSONS

2 FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—

3 If it has been finally determined by a court or Federal

4 agency that any person intentionally affixed a label bear5 ing a ‘‘Made in America’’ inscription, or any inscription

6 with the same meaning, to any product sold in or shipped

7 to the United States that is not made in the United

8 States, the person shall be ineligible to receive any con9 tract or subcontract made with funds made available in

10 this Act, pursuant to the debarment, suspension, and ineli11 gibility procedures described in sections 9.400 through

12 9.409 of title 48, Code of Federal Regulations.

13 SEC. 308. None of the funds in this Act may be used

14 to plan, prepare, or offer for sale timber from trees classi15 fied as giant sequoia (Sequoiadendron giganteum) which

16 are located on National Forest System or Bureau of Land

17 Management lands in a manner different than such sales

18 were conducted in fiscal year 1999.

19 SEC. 309. None of the funds made available by this

20 Act may be obligated or expended by the National Park

21 Service to enter into or implement a concession contract

22 which permits or requires the removal of the underground

23 lunchroom at the Carlsbad Caverns National Park.

24 SEC. 310. None of the funds appropriated or other25 wise made available by this Act may be used for the
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1 AmeriCorps program, unless the relevant agencies of the

2 Department of the Interior and/or Agriculture follow ap3 propriate reprogramming guidelines: Provided, That if no

4 funds are provided for the AmeriCorps program by the

5 Departments of Veterans Affairs and Housing and Urban

6 Development, and Independent Agencies Appropriations

7 Act, 1999, then none of the funds appropriated or other8 wise made available by this Act may be used for the

9 AmeriCorps programs.

10 SEC. 311. None of the funds made available in this

11 Act may be used: (1) to demolish the bridge between Jer12 sey City, New Jersey, and Ellis Island; or (2) to prevent

13 pedestrian use of such bridge, when it is made known to

14 the Federal official having authority to obligate or expend

15 such funds that such pedestrian use is consistent with gen16 erally accepted safety standards.

17 SEC. 312. (a) LIMITATION OF FUNDS.—None of the

18 funds appropriated or otherwise made available pursuant

19 to this Act shall be obligated or expended to accept or

20 process applications for a patent for any mining or mill

21 site claim located under the general mining laws.

22 (b) EXCEPTIONS.—The provisions of subsection (a)

23 shall not apply if the Secretary of the Interior determines

24 that, for the claim concerned: (1) a patent application was

25 filed with the Secretary on or before September 30, 1994;
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1 and (2) all requirements established under sections 2325

2 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30)

3 for vein or lode claims and sections 2329, 2330, 2331,

4 and 2333 of the Revised Statutes (30 U.S.C. 35, 36, and

5 37) for placer claims, and section 2337 of the Revised

6 Statutes (30 U.S.C. 42) for mill site claims, as the case

7 may be, were fully complied with by the applicant by that

8 date.

9 (c) REPORT.—On September 30, 2000, the Secretary

10 of the Interior shall file with the House and Senate Com11 mittees on Appropriations and the Committee on Re12 sources of the House of Representatives and the Com13 mittee on Energy and Natural Resources of the Senate

14 a report on actions taken by the Department under the

15 plan submitted pursuant to section 314(c) of the Depart16 ment of the Interior and Related Agencies Appropriations

17 Act, 1997 (Public Law 104–208).

18 (d) MINERAL EXAMINATIONS.—In order to process

19 patent applications in a timely and responsible manner,

20 upon the request of a patent applicant, the Secretary of

21 the Interior shall allow the applicant to fund a qualified

22 third-party contractor to be selected by the Bureau of

23 Land Management to conduct a mineral examination of

24 the mining claims or mill sites contained in a patent appli25 cation as set forth in subsection (b). The Bureau of Land
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1 Management shall have the sole responsibility to choose

2 and pay the third-party contractor in accordance with the

3 standard procedures employed by the Bureau of Land

4 Management in the retention of third-party contractors.

5 SEC. 313. Notwithstanding any other provision of

6 law, amounts appropriated to or earmarked in committee

7 reports for the Bureau of Indian Affairs and the Indian

8 Health Service by Public Laws 103–138, 103–332, 104–

9 134, 104–208, 105–83, and 105–277 for payments to

10 tribes and tribal organizations for contract support costs

11 associated with self-determination or self-governance con12 tracts, grants, compacts, or annual funding agreements

13 with the Bureau of Indian Affairs or the Indian Health

14 Service as funded by such Acts, are the total amounts

15 available for fiscal years 1994 through 1999 for such pur16 poses, except that, for the Bureau of Indian Affairs, tribes

17 and tribal organizations may use their tribal priority allo18 cations for unmet indirect costs of ongoing contracts,

19 grants, self-governance compacts or annual funding agree20 ments.

21 SEC. 314. Notwithstanding any other provision of

22 law, for fiscal year 2000 the Secretaries of Agriculture and

23 the Interior are authorized to limit competition for water24 shed restoration project contracts as part of the ‘‘Jobs in

25 the Woods’’ component of the President’s Forest Plan for
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1 the Pacific Northwest or the Jobs in the Woods Program

2 established in Region 10 of the Forest Service to individ3 uals and entities in historically timber-dependent areas in

4 the States of Washington, Oregon, northern California

5 and Alaska that have been affected by reduced timber har6 vesting on Federal lands.

7 SEC. 315. None of the funds collected under the Rec8 reational Fee Demonstration program may be used to

9 plan, design, or construct a visitor center or any other per10 manent structure without prior approval of the House and

11 the Senate Committees on Appropriations if the estimated

12 total cost of the facility exceeds $500,000.

13 SEC. 316. (a) None of the funds made available in

14 this Act or any other Act providing appropriations for the

15 Department of the Interior, the Forest Service or the

16 Smithsonian Institution may be used to submit nomina17 tions for the designation of Biosphere Reserves pursuant

18 to the Man and Biosphere program administered by the

19 United Nations Educational, Scientific, and Cultural Or20 ganization.

21 (b) The provisions of this section shall be repealed

22 upon enactment of subsequent legislation specifically au23 thorizing United States participation in the Man and Bio24 sphere program.
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1 SEC. 317. None of the funds made available in this

2 or any other Act for any fiscal year may be used to des3 ignate, or to post any sign designating, any portion of Ca4 naveral National Seashore in Brevard County, Florida, as

5 a clothing-optional area or as an area in which public nu6 dity is permitted, if such designation would be contrary

7 to county ordinance.

8 SEC. 318. Of the funds provided to the National En9 dowment for the Arts—

10 (1) The Chairperson shall only award a grant

11 to an individual if such grant is awarded to such in12 dividual for a literature fellowship, National Herit13 age Fellowship, or American Jazz Masters Fellow14 ship.

15 (2) The Chairperson shall establish procedures

16 to ensure that no funding provided through a grant,

17 except a grant made to a State or local arts agency,

18 or regional group, may be used to make a grant to

19 any other organization or individual to conduct ac20 tivity independent of the direct grant recipient.

21 Nothing in this subsection shall prohibit payments

22 made in exchange for goods and services.

23 (3) No grant shall be used for seasonal support

24 to a group, unless the application is specific to the
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1 contents of the season, including identified programs

2 and/or projects.

3 SEC. 319. The National Endowment for the Arts and

4 the National Endowment for the Humanities are author5 ized to solicit, accept, receive, and invest in the name of

6 the United States, gifts, bequests, or devises of money and

7 other property or services and to use such in furtherance

8 of the functions of the National Endowment for the Arts

9 and the National Endowment for the Humanities. Any

10 proceeds from such gifts, bequests, or devises, after ac11 ceptance by the National Endowment for the Arts or the

12 National Endowment for the Humanities, shall be paid by

13 the donor or the representative of the donor to the Chair14 man. The Chairman shall enter the proceeds in a special

15 interest-bearing account to the credit of the appropriate

16 endowment for the purposes specified in each case.

17 SEC. 320. No part of any appropriation contained in

18 this Act shall be expended or obligated to fund new revi19 sions of national forest land management plans until new

20 final or interim final rules for forest land management

21 planning are published in the Federal Register. Those na22 tional forests which are currently in a revision process,

23 having formally published a Notice of Intent to revise

24 prior to October 1, 1997; those national forests having

25 been court-ordered to revise; those national forests where
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1 plans reach the fifteen year legally mandated date to re2 vise before or during calendar year 2000; national forests

3 within the Interior Columbia Basin Ecosystem study area;

4 and the White Mountain National Forest are exempt from

5 this section and may use funds in this Act and proceed

6 to complete the forest plan revision in accordance with

7 current forest planning regulations.

8 SEC. 321. No part of any appropriation contained in

9 this Act shall be expended or obligated to complete and

10 issue the five-year program under the Forest and Range11 land Renewable Resources Planning Act.

12 SEC. 322. (a) In providing services or awarding fi13 nancial assistance under the National Foundation on the

14 Arts and the Humanities Act of 1965 from funds appro15 priated under this Act, the Chairperson of the National

16 Endowment for the Arts shall ensure that priority is given

17 to providing services or awarding financial assistance for

18 projects, productions, workshops, or programs that serve

19 underserved populations.

20 (b) In this section:

21 (1) The term ‘‘underserved population’’ means

22 a population of individuals who have historically

23 been outside the purview of arts and humanities pro24 grams due to factors such as a high incidence of in-
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1 come below the poverty line or to geographic isola2 tion.

3 (2) The term ‘‘poverty line’’ means the poverty

4 line (as defined by the Office of Management and

5 Budget, and revised annually in accordance with sec6 tion 673(2) of the Community Services Block Grant

7 Act (42 U.S.C. 9902(2)) applicable to a family of

8 the size involved.

9 (c) In providing services and awarding financial as10 sistance under the National Foundation on the Arts and

11 Humanities Act of 1965 with funds appropriated by this

12 Act, the Chairperson of the National Endowment for the

13 Arts shall ensure that priority is given to providing serv14 ices or awarding financial assistance for projects, produc15 tions, workshops, or programs that will encourage public

16 knowledge, education, understanding, and appreciation of

17 the arts.

18 (d) With funds appropriated by this Act to carry out

19 section 5 of the National Foundation on the Arts and Hu20 manities Act of 1965—

21 (1) the Chairperson shall establish a grant cat22 egory for projects, productions, workshops, or pro23 grams that are of national impact or availability or

24 are able to tour several States;
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1 (2) the Chairperson shall not make grants ex2 ceeding 15 percent, in the aggregate, of such funds

3 to any single State, excluding grants made under the

4 authority of paragraph (1);

5 (3) the Chairperson shall report to the Con6 gress annually and by State, on grants awarded by

7 the Chairperson in each grant category under sec8 tion 5 of such Act; and

9 (4) the Chairperson shall encourage the use of

10 grants to improve and support community-based

11 music performance and education.

12 SEC. 323. None of the funds in this Act may be used

13 for planning, design or construction of improvements to

14 Pennsylvania Avenue in front of the White House without

15 the advance approval of the House and Senate Committees

16 on Appropriations.

17 SEC. 324. Notwithstanding any other provision of

18 law, none of the funds provided in this Act to the Indian

19 Health Service or Bureau of Indian Affairs may be used

20 to enter into any new or expanded self-determination con21 tract or grant or self-governance compact pursuant to the

22 Indian Self-Determination Act of 1975, as amended, for

23 any activities not previously covered by such contracts,

24 compacts or grants. Nothing in this section precludes the

25 continuation of those specific activities for which self-de-
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1 termination and self-governance contracts, compacts and

2 grants currently exist or the renewal of contracts, com3 pacts and grants for those activities; implementation of

4 section 325 of Public Law 105–83 (111 Stat. 1597); or

5 compliance with 25 U.S.C. 2005.

6 SEC. 325. Amounts deposited during fiscal year 1999

7 in the roads and trails fund provided for in the fourteenth

8 paragraph under the heading ‘‘FOREST SERVICE’’ of

9 the Act of March 4, 1913 (37 Stat. 843; 16 U.S.C. 501),

10 shall be used by the Secretary of Agriculture, without re11 gard to the State in which the amounts were derived, to

12 repair or reconstruct roads, bridges, and trails on National

13 Forest System lands or to carry out and administer

14 projects to improve forest health conditions, which may

15 include the repair or reconstruction of roads, bridges, and

16 trails on National Forest System lands in the wildland17 community interface where there is an abnormally high

18 risk of fire. The projects shall emphasize reducing risks

19 to human safety and public health and property and en20 hancing ecological functions, long-term forest productivity,

21 and biological integrity. The Secretary shall commence the

22 projects during fiscal year 2000, but the projects may be

23 completed in a subsequent fiscal year. Funds shall not be

24 expended under this section to replace funds which would

25 otherwise appropriately be expended from the timber sal-
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1 vage sale fund. Nothing in this section shall be construed

2 to exempt any project from any environmental law.

3 SEC. 326. HARDWOOD TECHNOLOGY TRANSFER AND

4 APPLIED RESEARCH. (a) The Secretary of Agriculture

5 (hereinafter the ‘‘Secretary’’) is hereby and hereafter au6 thorized to conduct technology transfer and development,

7 training, dissemination of information and applied re8 search in the management, processing and utilization of

9 the hardwood forest resource. This authority is in addition

10 to any other authorities which may be available to the Sec11 retary including, but not limited to, the Cooperative For12 estry Assistance Act of 1978, as amended (16 U.S.C.

13 2101 et. seq.), and the Forest and Rangeland Renewable

14 Resources Act of 1978, as amended (16 U.S.C. 1600–

15 1614).

16 (b) In carrying out this authority, the Secretary may

17 enter into grants, contracts, and cooperative agreements

18 with public and private agencies, organizations, corpora19 tions, institutions and individuals. The Secretary may ac20 cept gifts and donations pursuant to the Act of October

21 10, 1978 (7 U.S.C. 2269) including gifts and donations

22 from a donor that conducts business with any agency of

23 the Department of Agriculture or is regulated by the Sec24 retary of Agriculture.
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1 (c) The Secretary is hereby and hereafter authorized

2 to operate and utilize the assets of the Wood Education

3 and Resource Center (previously named the Robert C.

4 Byrd Hardwood Technology Center in West Virginia) as

5 part of a newly formed ‘‘Institute of Hardwood Tech6 nology Transfer and Applied Research’’ (hereinafter the

7 ‘‘Institute’’). The Institute, in addition to the Wood Edu8 cation and Resource Center, will consist of a Director,

9 technology transfer specialists from State and Private

10 Forestry, the Forestry Sciences Laboratory in Princeton,

11 West Virginia, and any other organizational unit of the

12 Department of Agriculture as the Secretary deems appro13 priate. The overall management of the Institute will be

14 the responsibility of the USDA Forest Service, State and

15 Private Forestry.

16 (d) The Secretary is hereby and hereafter authorized

17 to generate revenue using the authorities provided herein.

18 Any revenue received as part of the operation of the Insti19 tute shall be deposited into a special fund in the Treasury

20 of the United States, known as the ‘‘Hardwood Tech21 nology Transfer and Applied Research Fund’’, which shall

22 be available to the Secretary until expended, without fur23 ther appropriation, in furtherance of the purposes of this

24 section, including upkeep, management, and operation of

25 the Institute and the payment of salaries and expenses.
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1 (e) There are hereby and hereafter authorized to be

2 appropriated such sums as necessary to carry out the pro3 visions of this section.

4 SEC. 327. No timber in Region 10 of the Forest Serv5 ice shall be advertised for sale which, when using domestic

6 Alaska western red cedar selling values and manufac7 turing costs, fails to provide at least 60 percent of normal

8 profit and risk of the appraised timber, except at the writ9 ten request by a prospective bidder. Program accomplish10 ments shall be based on volume sold. Should Region 10

11 sell, in fiscal year 2000, the annual average portion of the

12 decadal allowable sale quantity called for in the current

13 Tongass Land Management Plan which provides greater

14 than 60 percent of normal profit and risk at the time of

15 the sale advertisement, all of the western red cedar timber

16 from those sales which is surplus to the needs of domestic

17 processors in Alaska, shall be made available to domestic

18 processors in the contiguous 48 United States based on

19 values in the Pacific Northwest as determined by the For20 est Service and stated in the timber sale contract. Should

21 Region 10 sell, in fiscal year 2000, less than the annual

22 average portion of the decadal allowable sale quantity

23 called for in the current Tongass Land Management Plan

24 meeting the 60 percent of normal profit and risk standard

25 at the time of sale advertisement, the volume of western
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1 red cedar timber available to domestic processors at rates

2 specified in the timber sale contract in the contiguous 48

3 states shall be that volume: (i) which is surplus to the

4 needs of domestic processors in Alaska; and (ii) is that

5 percent of the surplus western red cedar volume deter6 mined by calculating the ratio of the total timber volume

7 which has been sold on the Tongass to the annual average

8 portion of the decadal allowable sale quantity called for

9 in the current Tongass Land Management Plan. The per10 centage shall be calculated by Region 10 on a rolling basis

11 as each sale is sold. (For purposes of this amendment,

12 a ‘‘rolling basis’’ shall mean that the determination of how

13 much western red cedar is eligible for sale to various mar14 kets shall be made at the time each sale is awarded.)

15 Western red cedar shall be deemed ‘‘surplus to the needs

16 of domestic processors in Alaska’’ when the timber sale

17 holder has presented to the Forest Service documentation

18 of the inability to sell western red cedar logs from a given

19 sale to domestic Alaska processors at a price equal to or

20 greater than the log selling value stated in the contract.

21 All additional western red cedar volume not sold to Alaska

22 or contiguous 48 United States domestic processors may

23 be exported to foreign markets at the election of the tim24 ber sale holder. All Alaska yellow cedar may be sold at
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1 prevailing export prices at the election of the timber sale

2 holder.

3 SEC. 328. No funds available to the Secretary of Ag4 riculture or the Secretary of the Interior in any fiscal year

5 shall be used to introduce grizzly bears into the State of

6 Idaho or the State of Montana without the express written

7 approval of the governors of both states.

8 SEC. 329. For fiscal year 2000, the Secretary of Agri9 culture, with respect to lands within the National Forest

10 System, and the Secretary of the Interior, with respect

11 to lands under the jurisdiction of the Bureau of Land

12 Management, shall use the best available scientific and

13 commercial data in amending or revising resource man14 agement plans for, and offering sales, issuing leases, or

15 otherwise authorizing or undertaking management activi16 ties on, lands under their respective jurisdictions: Pro17 vided, That the Secretaries may at their discretion deter18 mine whether any additional information concerning wild19 life resources shall be collected prior to approving any such

20 plan, sale, lease or other activity, and, if so, the type of,

21 and collection procedures for, such information.

22 SEC. 330. The Secretary of Agriculture and the Sec23 retary of the Interior shall:

24 (a) prepare the report required of them by sec25 tion 323(a) of the Fiscal Year 1998 Interior and Re-
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1 lated Agencies Appropriations Act (Public Law 105–

2 83; 111 Stat. 1543, 1596–7);

3 (b) make the report available for public com4 ment for a period of not less than 120 days; and

5 (c) include the information contained in the re6 port and a detailed response or responses to any

7 such public comment in any final environmental im8 pact statement associated with the Interior Colum9 bia Basin Ecosystem Project.

10 SEC. 331. Section 7 of the Service Contract Act

11 (SCA), 41 U.S.C. section 356 is amended by adding the

12 following paragraph:

13 ‘‘(8) any concession contract with Federal land

14 management agencies, the principal purpose of

15 which is the provision of recreational services to the

16 general public, including lodging, campgrounds,

17 food, stores, guiding, recreational equipment, fuel,

18 transportation, and skiing, provided that this exemp19 tion shall not affect the applicability of the Davis20 Bacon Act, 40 U.S.C. section 276a et seq., to con21 struction contracts associated with these concession

22 contracts.’’.

23 SEC. 332. TIMBER AND SPECIAL FOREST PRODUCTS.

24 (a) DEFINITION OF SPECIAL FOREST PRODUCT.—For

25 purposes of this section, the term ‘‘special forest product’’
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1 means any vegetation or other life forms, such as mush2 rooms and fungi that grows on National Forest System

3 lands, excluding trees, animals, insects, or fish except as

4 provided in regulations issued under this section by the

5 Secretary of Agriculture.

6 (b) FAIR MARKET VALUE FOR SPECIAL FOREST

7 PRODUCTS.—The Secretary of Agriculture shall develop

8 and implement a pilot program to charge and collect not

9 less than the fair market value for special forest products

10 harvested on National Forest System lands. The authority

11 for this pilot program shall be for fiscal years 2000

12 through 2004. The Secretary of Agriculture shall establish

13 appraisal methods and bidding procedures to ensure that

14 the amounts collected for special forest products are not

15 less than fair market value.

16 (c) FEES.—

17 (1) IN GENERAL.—The Secretary of Agriculture

18 shall charge and collect from persons who harvest

19 special forest products all costs to the Department

20 of Agriculture associated with the granting, modi21 fying, or monitoring the authorization for harvest of

22 the special forest products, including the costs of

23 any environmental or other analysis.

24 (2) SECURITY.—The Secretary of Agriculture

25 may require a person that is assessed a fee under
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1 this subsection to provide security to ensure that the

2 Secretary of Agriculture receives fees authorized

3 under this subsection from such person.

4 (d) WAIVER.—The Secretary of Agriculture may

5 waive the application of subsection (b) or subsection (c)

6 pursuant to such regulations as the Secretary of Agri7 culture may prescribe.

8 (e) COLLECTION AND USE OF FUNDS.—

9 (1) Funds collected in accordance with sub10 section (b) and subsection (c) shall be deposited into

11 a special account in the Treasury of the United

12 States.

13 (2) Funds deposited into the special account in

14 the Treasury in accordance with this section in ex15 cess of the amounts collected for special forest prod16 ucts during fiscal year 1999 shall be available for

17 expenditure by the Secretary of Agriculture on Octo18 ber 1, 2000 without further appropriation, and shall

19 remain available until expended to pay for—

20 (A) in the case of funds collected pursuant

21 to subsection (b), the costs of conducting inven22 tories of special forest products, monitoring and

23 assessing the impacts of harvest levels and

24 methods, and for restoration activities, includ25 ing any necessary vegetation; and
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1 (B) in the case of fees collected pursuant

2 to subsection (c), the costs for which the fees

3 were collected.

4 (3) Amounts collected in accordance with sub5 section (b) and subsection (c) shall not be taken into

6 account for the purposes of the sixth paragraph

7 under the heading of ‘‘Forest Service’’ of the Act of

8 May 23, 1908 (16 U.S.C. § 500); section 13 of the

9 Act of March 1, 1911 (16 U.S.C. § 500); the Act

10 of March 4, 1913 (16 U.S.C. § 501); the Act of July

11 22, 1937 (7 U.S.C. § 1012); the Acts of August 8,

12 1937 and of May 24, 1939 (43 U.S.C. §§ 1181 et.

13 seq.); the Act of June 14, 1926 (43 U.S.C. § 869–

14 4); chapter 69 of title 31 United States Code; sec15 tion 401 of the Act of June 15, 1935 (16 U.S.C. §

16 715s); the Land and Water Conservation Fund Act

17 of 1965 (16 U.S.C. § 460l–6a); and any other provi18 sion of law relating to revenue allocation.

19 SEC. 333. Title III, section 3001 of Public Law 106–

20 31 is amended by inserting after the word ‘‘Alabama,’’ the

21 following phrase ‘‘in fiscal year 1999 or 2000’’.

22 SEC. 334. The authority to enter into stewardship

23 and end result contracts provided to the Forest Service

24 in accordance with Section 347 of Title III of Section

25 101(e) of Division A of Public Law 105–825 is hereby
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1 expanded to authorize the Forest Service to enter into an

2 additional 9 contracts in Region One.

3 SEC. 335. LOCAL EXEMPTIONS FROM FOREST SERV4 ICE DEMONSTRATION PROGRAM FEES. Section 6906 of

5 Title 31, United States Code, is amended—

6 (1) by inserting ‘‘(a) IN GENERAL.—’’ before

7 ‘‘Necessary’’; and

8 (2) by adding at the end the following:

9 ‘‘(b) LOCAL EXEMPTIONS FROM DEMONSTRATION

10 PROGRAM FEES.—

11 ‘‘(1) IN GENERAL.—Each unit of general local

12 government that lies in whole or in part within the

13 White Mountain National Forest and persons resid14 ing within the boundaries of that unit of general

15 local government shall be exempt during that fiscal

16 year from any requirement to pay a Demonstration

17 Program Fee (parking permit or passport) imposed

18 by the Secretary of Agriculture for access to the

19 Forest.

20 ‘‘(2) ADMINISTRATION.—The Secretary of Agri21 culture shall establish a method of identifying per22 sons who are exempt from paying user fees under

23 paragraph (1). This method may include valid form

24 of identification including a drivers license.’’.
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1 SEC. 336. MILLSITES OPINION. PROHIBITION ON

2 MILLSITE LIMITATIONS.—Notwithstanding the opinion

3 dated November 7, 1997, by the Solicitor of the Depart4 ment of the Interior concerning millsites under the general

5 mining law (referred to in this section as the ‘‘opinion’’),

6 in accordance with the millsite provisions of the Bureau

7 of Land Management’s Manual Sec. 3864.1.B (dated

8 1991), the Bureau of Land Management Handbook for

9 Mineral Examiners H–3890–1, page III–8 (dated 1989),

10 and section 2811.33 of the Forest Service Manual (dated

11 1990), the Department of the Interior and the Depart12 ment of Agriculture shall not limit the number or acreage

13 of millsites based on the ratio between the number or acre14 age of millsites and the number or acreage of associated

15 lode or placer claims for any fiscal year.

16 SEC. 337. Notwithstanding section 343 of Public Law

17 105–83, increases in recreation residence fees may be im18 plemented in fiscal year 2000: Provided, That such an in19 crease would not result in a fee that exceeds 125 percent

20 of the fiscal year 1998 fee.

21 SEC. 338. No federal monies appropriated for the

22 purchase of land by the Forest Service in the Columbia

23 River Gorge National Scenic Area (‘‘CRGNSA’’) may be

24 used unless the Forest Service complies with the acquisi25 tion protocol set out in this section:
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1 (a) PURCHASE OPTION REQUIREMENT.—Upon

2 the Forest Service making a determination that the

3 agency intends to pursue purchase of land or an in4 terest in land located within the boundaries of the

5 CRGNSA, the Forest Service and the owner of the

6 land or interest in land to be purchased shall enter

7 into a written purchase option agreement in which

8 the landowner agrees to retain ownership of the in9 terest in land to be acquired for a period not to ex10 ceed one year. In return, the Forest Service shall

11 agree to abide by the bargaining and arbitration

12 process set out in this section.

13 (b) OPT OUT.—After the Forest Service and

14 landowner have entered into the purchase option

15 agreement, the landowner may at any time prior to

16 federal acquisition voluntarily opt out of the pur17 chase option agreement.

18 (c) SELECTION OF APPRAISERS.—Once the

19 landowner and Forest Service both have executed

20 the required purchase option, the landowner and

21 Forest Service each shall select an appraiser to ap22 praise the land or interest in land described in the

23 purchase option. The landowner and Forest Service

24 both shall instruct their appraiser to estimate the

25 fair market value of the land or interest in land to
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1 be acquired. The landowner and Forest Service both

2 shall instruct their appraiser to comply with the

3 Uniform Appraisal Standards for Federal Land Ac4 quisitions (Interagency Land Acquisition Conference

5 1992) and Public Law 91–646 as amended. Both

6 appraisers shall possess qualifications consistent

7 with state regulatory requirements that meet the in8 tent of Title XI, Financial Institutions Reform, Re9 covery, and Enforcement Act of 1989.

10 (d) PERIOD TO COMPLETE APPRAISALS.—The

11 landowner and Forest Service each shall be allowed

12 a period of 180 days to provide to the other an ap13 praisal of the land or interest in land described in

14 the purchase option. This 180-day period shall com15 mence upon execution of a purchase option by the

16 landowner and the Forest Service.

17 (e) BARGAINING PERIOD.—Once the landowner

18 and Forest Service each have provided to the other

19 a completed appraisal, a 45-day period of good faith

20 bargaining and negotiation shall commence. If the

21 landowner and Forest Service cannot agree within

22 this period on the proper purchase price to be paid

23 by the United States for the land or interest in land

24 described in the purchase option, the landowner may
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1 request arbitration under subsection (f) of this sec2 tion.

3 (f) ARBITRATION PROCESS.—If a landowner

4 and the Forest Service are unable to reach a nego5 tiated settlement on value within the 45-day period

6 of good faith bargaining and negotiation, during the

7 10 days following this period of good faith bar8 gaining and negotiation the landowner may request

9 arbitration. The process for arbitration shall com10 mence with each party submitting its appraisal and

11 a copy of this legislation, and only its appraisal and

12 a copy of this legislation, to the arbitration panel

13 within 10 days following the receipt by the Forest

14 Service of the request for arbitration. The arbitra15 tion panel shall render a written advisory decision on

16 value within 45 days of receipt of both appraisals.

17 This advisory decision shall be forwarded to the Sec18 retary of Agriculture by the arbitration panel with a

19 recommendation to the Secretary that if the land or

20 interest in land at issue is to be purchased that the

21 United States pay a sum certain for the land or in22 terest in land. This sum certain shall fall within the

23 value range established by the two appraisals. Costs

24 of employing the arbitration panel shall be divided

25 equally between the Forest Service and the land-
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1 owner, unless the arbitration panel recommends ei2 ther the landowner or the Forest Service bear the

3 entire cost of employing the arbitration panel. The

4 arbitration panel shall not make such a rec5 ommendation unless the panel finds that one of the

6 appraisals submitted fails to conform to the Uniform

7 Appraisal Standard for Federal Land Acquisition

8 (Interagency Land Acquisition Conference 1992). In

9 no event, shall the cost of employing the arbitration

10 panel exceed $10,000.

11 (g) ARBITRATION PANEL.—The arbitration

12 panel shall consist of one appraiser and two lawyers

13 who have substantial experience working with the

14 purchase of land and interests in land by the United

15 States. The Secretary is directed to ask the Federal

16 Center for Dispute Resolution at the American Arbi17 tration Association to develop lists of no less than

18 ten appraisers and twenty lawyers who possess sub19 stantial experience working with federal land pur20 chases to serve as third-party neutrals in the event

21 arbitration is requested by a landowner. Selection of

22 the arbitration panel shall be made by mutual agree23 ment of the Forest Service and landowner. If mutual

24 agreement cannot be reached on one or more panel

25 members, selection of the remaining panel members
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1 shall be by blind draw once each party has been al2 lowed the opportunity to strike up to 25 percent of

3 the third-party neutrals named on either list. Of the

4 funds available to the Forest Service, up to $15,000

5 shall be available to the Federal Center for Dispute

6 Resolution to cover the initial cost of establishing

7 this program. Once established, costs of admin8 istering the program shall be borne by the Forest

9 Service, but shall not exceed $5,000 a year.

10 (h) QUALIFICATIONS OF THIRD-PARTY

11 NEUTRALS.—Each appraiser selected by the Federal

12 Dispute Resolution Center, in addition to possessing

13 substantial experience working with federal land

14 purchases, shall possess qualifications consistent

15 with state regulatory requirements that meet the in16 tent of Title XI, Financial Institutions Reform, Re17 covery & Enforcement Act of 1989. Each lawyer se18 lected by the Federal Dispute Resolution Center, in

19 addition to possessing substantial experience work20 ing with federal land purchases, shall be an active

21 member in good standing of the bar of one of the

22 50 states or the District of Columbia.

23 (i) DECISION REQUIRED BY THE SECRETARY

24 OF AGRICULTURE.—Upon receipt of a recommenda25 tion by an arbitration panel appointed under sub-
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1 section (g), the Secretary of Agriculture shall notify

2 the landowner and the CRGNSA of the day the rec3 ommendation was received. The Secretary shall

4 make a determination to adopt or reject the arbitra5 tion panel’s advisory decision and notify the land6 owner and the CRGNSA of this determination with7 in 45 days of receipt of the advisory decision.

8 (j) ADMISSABILITY.—Neither the fact that arbi9 tration pursuant to this act has occurred nor the

10 recommendation of the arbitration panel shall be ad11 missible in any court or administrative proceeding.

12 (k) EXPIRATION DATE.—This act shall expire

13 on October 1, 2002.

14 SEC. 339. A project undertaken by the Forest Service

15 under the Recreation Fee Demonstration Program as au16 thorized by Section 315 of the Department of the Interior

17 and Related Agencies Appropriations Act for Fiscal Year

18 1996, as amended, shall not result in—

19 (1) displacement of the holder of an authoriza20 tion to provide commercial recreation services on

21 Federal lands. Prior to initiating any project, the

22 Secretary shall consult with potentially affected

23 holders to determine what impacts the project may

24 have on the holders. Any modifications to the au25 thorization shall be made within the terms and con-
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1 ditions of the authorization and authorities of the

2 impacted agency.

3 (2) the return of a commercial recreation serv4 ice to the Secretary for operation when such services

5 have been provided in the past by a private sector

6 provider, except when—

7 (A) the private sector provider fails to bid

8 on such opportunities,

9 (B) the private sector provider terminates

10 its relationship with the agency, or,

11 (C) the agency revokes the permit for non12 compliance with the terms and conditions of the

13 authorization.

14 In such cases, the agency may use the Recreation Fee

15 Demonstration Program to provide for operations until a

16 subsequent operator can be found through the offering of

17 a new prospectus.

18 SEC. 340. HARDROCK MINERAL PROSPECTING,

19 LEASING, AND DEVELOPMENT ON THE MARK TWAIN NA20 TIONAL FOREST. (a) PROHIBITION ON ISSUANCE OF

21 PROSPECTING PERMITS FOR EXPLORATORY DRILLING.—

22 Before June 1, 2001, the Secretary of the Interior shall

23 not issue a prospecting permit for hardrock mineral explo24 ration on Mark Twain National Forest land in the Current

25 River/Jack’s Fork River—Eleven Point Watershed (not
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1 including Mark Twain National Forest land in Townships

2 31N and 32N, Range 2 and Range 3 West, on which min3 ing activities are taking place as of the date of enactment

4 of this Act).

5 (b) PROHIBITION ON SEGREGATION AND WITH6 DRAWAL.—Before June 1, 2001, none of the funds made

7 available to the Department of the Interior by this Act

8 may be used to segregate or withdraw land in the Mark

9 Twain National Forest, Missouri, under section 204 of the

10 Federal Land Policy and Management Act of 1976 (43

11 U.S.C. 1714), from—

12 (1) the operation of the public land laws;

13 (2) entry, appropriation, or disposal under the

14 public land laws;

15 (3) location, entry, prospecting, or leasing

16 under the mining laws;

17 (4) disposition under laws pertaining to mineral

18 and geothermal leasing or mineral materials; or

19 (5) mining as a congressionally recognized mul20 tiple use.

21 (c) STUDIES.—

22 (1) ENVIRONMENTAL ANALYSIS OF EXPLOR23 ATORY DRILLING.—The heads of the National For24 est Service, Bureau of Land Management, United

25 States Geological Service, and National Park Serv-
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1 ice, in conjunction with the University of Missouri at

2 Rolla, shall conduct a study of exploratory drilling

3 operations on Mark Twain National Forest land in

4 the Current River/Jack’s Fork River—Eleven Point

5 Watershed.

6 (2) CESSATION OF LEAD MINING.—

7 (A) IN GENERAL.—The Comptroller Gen8 eral of the United States shall conduct a study

9 of—

10 (i) the direct and indirect effects on

11 the public and private sectors;

12 (ii) the impact on the strategic avail13 ability of lead in the United States; and

14 (iii) the impact on the economy of the

15 United States, the State of Missouri, and

16 surrounding States;

17 as a result of the cessation of lead mining in

18 the Mark Twain National Forest and the State

19 of Missouri, and surrounding States.

20 (B) CONSULTATION.—The study under

21 subparagraph (A) shall be prepared in consulta22 tion with the Department of Commerce, the De23 partment of Defense, the National Park Serv24 ice, the Bureau of Land Management, the For25 est Service, the United States Geological Sur-
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1 vey, the State of Missouri, any existing or po2 tential lessee for the affected lands, and inter3 ested members of the public.

4 (3) SUBMISSION TO CONGRESS.—Not later than

5 March 1, 2001, the agency heads and the Comp6 troller General shall submit to the Committee on

7 Energy and Natural Resources of the Senate and

8 the Committee on Resources of the House of Rep9 resentatives reports on the studies under paragraphs

10 (1) and (2).

11 SEC. 341. No funds shall be used to study, develop,

12 or implement procedures or policies to establish energy ef13 ficiency, energy use or energy acquisition rules or guide14 lines other than those based upon the provisions of the

15 Energy Conservation Policy Act (ECPA) of 1975.

16 SEC. 342. VALUATION OF CRUDE OIL FOR ROYALTY

17 PURPOSES. Section 130 of the Department of the Interior

18 and Related Agencies Appropriations Act, 1999 (112 Stat.

19 2681–263), is amended by striking ‘‘June 1, 1999’’ and

20 inserting ‘‘June 30, 2001’’.

21 This Act may be cited as the ‘‘Department of the In22 terior and Related Agencies Appropriations Act, 2000’’.
Calendar No. 183

106TH CONGRESS

1ST SESSION S. 1292

[Report No. 106–99]

A BILL

Making appropriations for the Department of the

poses.ending September 30, 2000, and for other purInterior and related agencies for the fiscal year

JUNE 28, 1999

Read twice and placed on the calendar