Calendar No. 498

103D CONGRESS

2D SESSION H. R. 4602

[Report No. 103–294]

IN THE SENATE OF THE UNITED STATES

JUNE 24 (legislative day, JUNE 7), 1994

Received; read twice and referred to the Committee on Appropriations

JUNE 28 (legislative day, JUNE 7), 1994

Reported by Mr. BYRD, with amendments

[Omit the part struck through and insert the part printed in italic]

AN ACT

Making appropriations for the Department of the Interior

and related agencies for the fiscal year ending September

30, 1995, 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 fiscal year ending September 30, 1995, and for other pur6 poses, namely:
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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, and performance of other functions, including

7 maintenance of facilities, as authorized by law, in the

8 management of lands and their resources under the juris9 diction of the Bureau of Land Management, including the

10 general administration of the Bureau of Land Manage11 ment, $596,349,000 $599,230,000, to remain available

12 until expended, including $1,462,000 to be derived from

13 the special receipt account established by section 4 of the

14 Land and Water Conservation Fund Act of 1965, as

15 amended (16 U.S.C. 460l–6a(i)): Provided, That appro16 priations herein made shall not be available for the de17 struction of healthy, unadopted, wild horses and burros

18 in the care of the Bureau of Land Management or its con19 tractors; and in addition, $21,650,000 for Mining Law

20 Administration program operations, to remain available

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

22 Bureau of Land Management and credited to this appro23 priation from annual mining claim fees so as to result in

24 a final appropriation estimated at not more than

25 $596,349,000 $599,230,000: Provided further, That in ad-
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1 dition to funds otherwise available, not to exceed

2 $5,000,000 from annual mining claim fees shall be cred3 ited to this account for the costs of administering the min4 ing claim fee program, and shall remain available until

5 expended.

6 FIRE PROTECTION

7 For necessary expenses for fire use and management,

8 and fire preparedness by the Department of the Interior,

9 $114,968,000, to remain available until expended.

10 EMERGENCY DEPARTMENT OF THE INTERIOR

11 FIREFIGHTING FUND

12 For emergency rehabilitation, severity

13 presuppression, and wildfire operations of the Department

14 of the Interior, $121,176,000, to remain available until

15 expended: Provided, That such funds also are available for

16 repayment of advances to other appropriation accounts

17 from which funds were previously transferred for such

18 purposes: Provided further, That notwithstanding any

19 other provision of law, persons hired pursuant to 43

20 U.S.C. 1469 may be furnished subsistence and lodging

21 without cost from funds available from this appropriation:

22 Provided further, That only amounts for emergency reha23 bilitation and wildfire operations that are in excess of the

24 average of such costs for the previous ten years shall be

25 considered ‘‘emergency requirements’’ pursuant to section
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1 251(b)(2)(D) of the Balanced Budget and Emergency

2 Deficit Control Act of 1985.

3 CENTRAL HAZARDOUS MATERIALS FUND

4 For expenses necessary for use by the Department

5 of the Interior and any of its component offices and bu6 reaus for the remedial action, including associated activi7 ties, of hazardous waste substances, pollutants, or con8 taminants pursuant to the Comprehensive Environmental

9 Response, Compensation and Liability Act, as amended

10 (42 U.S.C. 9601 et seq.), $13,435,000, to remain available

11 until expended: Provided, That, notwithstanding 31

12 U.S.C. 3302, sums recovered from or paid by a party in

13 advance of or as reimbursement for remedial action or re14 sponse activities conducted by the Department pursuant

15 to sections 107 or 113(f) of the Comprehensive Environ16 mental Response, Compensation and Liability Act, as

17 amended (42 U.S.C. 9607 or 9613(f)), shall be credited

18 to this account and shall be available without further ap19 propriation and shall remain available until expended: Pro20 vided further, That such sums recovered from or paid by

21 any party are not limited to monetary payments and may

22 include stocks, bonds or other personal or real property,

23 which may be retained, liquidated, or otherwise disposed

24 of by the Secretary of the Interior and which shall be cred25 ited to this account.
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1 CONSTRUCTION AND ACCESS

2 For acquisition of lands and interests therein, and

3 construction of buildings, recreation facilities, roads,

4 trails, and appurtenant facilities, $3,836,000 $12,186,000,

5 to remain available until expended.

6 PAYMENTS IN LIEU OF TAXES

7 For expenses necessary to implement the Act of Octo8 ber 20, 1976 (31 U.S.C. 6901–07), $104,108,000, of

9 which not to exceed $400,000 shall be available for admin10 istrative expenses.

11 LAND ACQUISITION

12 For expenses necessary to carry out the provisions

13 of sections 205, 206, and 318(d) of Public Law 94–579

14 including administrative expenses and acquisition of lands

15 or waters, or interests therein, $17,060,000 $12,055,000,

16 to be derived from the Land and Water Conservation

17 Fund, to remain available until expended.

18 OREGON AND CALIFORNIA GRANT LANDS

19 For expenses necessary for management, protection,

20 and development of resources and for construction, oper21 ation, and maintenance of access roads, reforestation, and

22 other improvements on the revested Oregon and California

23 Railroad grant lands, on other Federal lands in the Or24 egon and California land-grant counties of Oregon, and

25 on adjacent rights-of-way; and acquisition of lands or in26 terests therein including existing connecting roads on or
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1 adjacent to such grant lands; $100,860,000 $97,383,000,

2 to remain available until expended: Provided, That 25 per

3 centum of the aggregate of all receipts during the current

4 fiscal year from the revested Oregon and California Rail5 road grant lands is hereby made a charge against the Or6 egon and California land-grant fund and shall be trans7 ferred to the General Fund in the Treasury in accordance

8 with the provisions of the second paragraph of subsection

9 (b) of title II of the Act of August 28, 1937 (50 Stat.

10 876).

11 RANGE IMPROVEMENTS

12 For rehabilitation, protection, and acquisition of

13 lands and interests therein, and improvement of Federal

14 rangelands pursuant to section 401 of the Federal Land

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

16 notwithstanding any other Act, sums equal to 50 per cen17 tum of all moneys received during the prior fiscal year

18 under sections 3 and 15 of the Taylor Grazing Act (43

19 U.S.C. 315 et seq.) and the amount designated for range

20 improvements from grazing fees and mineral leasing re21 ceipts from Bankhead-Jones lands transferred to the De22 partment of the Interior pursuant to law, but not less than

23 $10,350,000, to remain available until expended: Pro24 vided, That not to exceed $600,000 shall be available for

25 administrative expenses.
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1 SERVICE CHARGES, DEPOSITS, AND FORFEITURES

2 For administrative expenses and other costs related

3 to processing application documents and other authoriza4 tions for use and disposal of public lands and resources,

5 for costs of providing copies of official public land docu6 ments, for monitoring construction, operation, and termi7 nation of facilities in conjunction with use authorizations,

8 and for rehabilitation of damaged property, such amounts

9 as may be collected under sections 209(b), 304(a), 304(b),

10 305(a), and 504(g) of the Act approved October 21, 1976

11 (43 U.S.C. 1701), and sections 101 and 203 of Public

12 Law 93–153, to be immediately available until expended:

13 Provided, That notwithstanding any provision to the con14 trary of section 305(a) of the Act of October 21, 1976

15 (43 U.S.C. 1735(a)), any moneys that have been or will

16 be received pursuant to that section, whether as a result

17 of forfeiture, compromise, or settlement, if not appropriate

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

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

20 under the authority of this or subsequent appropriations

21 Acts by the Secretary to improve, protect, or rehabilitate

22 any public lands administered through the Bureau of

23 Land Management which have been damaged by the ac24 tion of a resource developer, purchaser, permittee, or any

25 unauthorized person, without regard to whether all mon-
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1 eys collected from each such forfeiture, compromise, or

2 settlement are used on the exact lands damage to which

3 led to the forfeiture, compromise, or settlement: Provided

4 further, That such moneys are in excess of amounts need5 ed to repair damage to the exact land for which collected.

6 MISCELLANEOUS TRUST FUNDS

7 In addition to amounts authorized to be expended

8 under existing law, there is hereby appropriated such

9 amounts as may be contributed under section 307 of the

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

11 amounts as may be advanced for administrative costs, sur12 veys, appraisals, and costs of making conveyances of omit13 ted lands under section 211(b) of that Act, to remain

14 available until expended.

15 ADMINISTRATIVE PROVISIONS

16 Appropriations for the Bureau of Land Management

17 shall be available for purchase, erection, and dismantle18 ment of temporary structures, and alteration and mainte19 nance of necessary buildings and appurtenant facilities to

20 which the United States has title; up to $250,000

21 $100,000 for payments, at the discretion of the Secretary,

22 for information or evidence concerning violations of laws

23 administered by the Bureau of Land Management; mis24 cellaneous and emergency expenses of enforcement activi25 ties authorized or approved by the Secretary and to be

26 accounted for solely on his certificate, not to exceed
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1 $10,000: Provided, That notwithstanding 44 U.S.C. 501,

2 the Bureau may, under cooperative cost-sharing and part3 nership arrangements authorized by law, procure printing

4 services from cooperators in connection with jointly-pro5 duced publications for which the cooperators share the

6 cost of printing either in cash or in services, and the Bu7 reau determines the cooperator is capable of meeting ac8 cepted quality standards.

9 UNITED STATES FISH AND WILDLIFE SERVICE

10 RESOURCE MANAGEMENT

11 For expenses necessary for scientific and economic

12 studies, conservation, management, investigations, protec13 tion, and utilization of fishery and wildlife resources, ex14 cept whales, seals, and sea lions, and for the performance

15 of other authorized functions related to such resources; for

16 the general administration of the United States Fish and

17 Wildlife Service; and for maintenance of the herd of long18 horned cattle on the Wichita Mountains Wildlife Refuge;

19 and not less than $1,000,000 for high priority projects

20 within the scope of the approved budget which shall be

21 carried out by the Youth Conservation Corps as author22 ized by the Act of August 13, 1970, as amended by Public

23 Law 93–408, $514,650,000 $502,936,000, of which

24 $11,732,000 shall be for operation and maintenance of

25 fishery mitigation facilities constructed by the Corps of
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1 Engineers under the Lower Snake River Compensation

2 Plan, authorized by the Water Resources Development Act

3 of 1976 (90 Stat. 2921), to compensate for loss of fishery

4 resources from water development projects on the Lower

5 Snake River, and which shall remain available until ex6 pended; and of which $3,000,000 $2,500,000 shall be pro7 vided to the National Fish and Wildlife Foundation for

8 endangered species activities: Provided, That the amount

9 provided to the National Fish and Wildlife Foundation

10 shall be matched by at least an equal amount by the Na11 tional Fish and Wildlife Foundation: Provided further,

12 That sums may be made available to the States of Wash13 ington, Oregon, and California to conduct monitoring ac14 tivities related to the President’s Forest Plan.

15 CONSTRUCTION

16 For construction and acquisition of buildings and

17 other facilities required in the conservation, management,

18 investigation, protection, and utilization of fishery and

19 wildlife resources, and the acquisition of lands and inter20 ests therein; $25,264,000 $45,525,000, to remain available

21 until expended.

22 NATURAL RESOURCE DAMAGE ASSESSMENT FUND

23 To conduct natural resource damage assessment ac24 tivities by the Department of the Interior necessary to

25 carry out the provisions of the Comprehensive Environ26 mental Response, Compensation, and Liability Act, as
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1 amended (42 U.S.C. 9601, et seq.), Federal Water Pollu2 tion Control Act, as amended (33 U.S.C. 1251, et seq.),

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

4 the Act of July 27, 1990 (Public Law 101–337);

5 $6,700,000, to remain available until expended: Provided,

6 That notwithstanding any other provision of law, any

7 amounts appropriated or credited in fiscal year 1992 and

8 thereafter, may be transferred to any account to carry out

9 the provisions of negotiated legal settlements or other legal

10 actions for restoration activities and to carry out the pro11 visions of the Comprehensive Environmental Response,

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

13 9601, et seq.), Federal Water Pollution Control Act, as

14 amended (33 U.S.C. 1251, et seq.), the Oil Pollution Act

15 of 1990 (Public Law 101–380), and the Act of July 27,

16 1990 (Public Law 101–337) for damage assessment ac17 tivities: Provided further, That sums provided by any party

18 are not limited to monetary payments and may include

19 stocks, bonds or other personal or real property, which

20 may be retained, liquidated or otherwise disposed of by

21 the Secretary and such sums or properties shall be utilized

22 for the restoration of injured resources, and to conduct

23 new damage assessment activities.

24 LAND ACQUISITION

25 For expenses necessary to carry out the provisions

26 of the Land and Water Conservation Fund Act of 1965,
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1 as amended (16 U.S.C. 460l–4–11), including administra2 tive expenses, and for acquisition of land or waters, or in3 terest therein, in accordance with statutory authority ap4 plicable to the United States Fish and Wildlife Service,

5 and for activities authorized under Public Law 98–244 to

6 be carried out by the National Fish and Wildlife Founda7 tion, $62,300,000 $63,700,000, to be derived from the

8 Land and Water Conservation Fund, to remain available

9 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 by Public Law 100–478, $9,000,000

15 for grants to States, to be derived from the Cooperative

16 Endangered Species Conservation Fund, and to remain

17 available until expended.

18 NATIONAL WILDLIFE REFUGE FUND

19 For expenses necessary to implement the Act of Octo20 ber 17, 1978 (16 U.S.C. 715s), $12,000,000.

21 REWARDS AND OPERATIONS

22 For expenses necessary to carry out the provisions

23 of the African Elephant Conservation Act (16 U.S.C.

24 4201–4203, 4211–4213, 4221–4225, 4241–4245, and

25 1538), $1,169,000, to remain available until expended.
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1 NORTH AMERICAN WETLANDS CONSERVATION FUND

2 For expenses necessary to carry out the provisions of

3 the North American Wetlands Conservation Act, Public

4 Law 101–233, $12,000,000.

5 WILDLIFE CONSERVATION AND APPRECIATION FUND

6 For deposit to the Wildlife Conservation and Appre7 ciation Fund, $1,000,000, to remain available until ex8 pended, to be available for carrying out the Partnerships

9 for Wildlife Act only to the extent such funds are matched

10 as provided in section 7105 of said Act.

11 ADMINISTRATIVE PROVISIONS

12 Appropriations and funds available to the United

13 States Fish and Wildlife Service shall be available for pur14 chase of not to exceed 127 passenger motor vehicles, of

15 which 106 are for replacement only (including 44 for po16 lice-type use); not to exceed $400,000 for payment, at the

17 discretion of the Secretary, for information, rewards, or

18 evidence concerning violations of laws administered by the

19 United States Fish and Wildlife Service, and miscellane20 ous and emergency expenses of enforcement activities, au21 thorized or approved by the Secretary and to be accounted

22 for solely on his certificate; repair of damage to public

23 roads within and adjacent to reservation areas caused by

24 operations of the United States Fish and Wildlife Service;

25 options for the purchase of land at not to exceed $1 for

26 each option; facilities incident to such public recreational
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1 uses on conservation areas as are consistent with their pri2 mary purpose; and the maintenance and improvement of

3 aquaria, buildings, and other facilities under the jurisdic4 tion of the United States Fish and Wildlife Service and

5 to which the United States has title, and which are utilized

6 pursuant to law in connection with management and in7 vestigation of fish and wildlife resources: Provided, That

8 the United States Fish and Wildlife Service may accept

9 donated aircraft as replacements for existing aircraft: Pro10 vided further, That notwithstanding 44 U.S.C. 501, the

11 Service may, under cooperative cost sharing and partner12 ship arrangements authorized by law, procure printing

13 services from cooperators in connection with jointly-pro14 duced publications for which the cooperators share at least

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

16 the Service determines the cooperator is capable of meet17 ing accepted quality standards.

18 NATIONAL BIOLOGICAL SURVEY

19 RESEARCH, INVENTORIES, AND SURVEYS

20 For authorized expenses necessary for scientific re21 search relating to species biology, population dynamics,

22 and ecosystems; inventory and monitoring activities; tech23 nology development and transfer; the operation of Cooper24 ative Research Units; and for the general administration

25 of the National Biological Survey, $167,209,000
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1 $166,358,000, of which $166,909,000 $166,058,000 shall

2 remain available until September 30, 1996, and of which

3 $300,000 shall remain available until expended for con4 struction: Provided, That none of the funds under this

5 head shall be used to conduct new surveys on private prop6 erty unless specifically authorized in writing by the prop7 erty owner.

8 NATIONAL PARK SERVICE

9 OPERATION OF THE NATIONAL PARK SYSTEM

10 For expenses necessary for the management, oper11 ation, and maintenance of areas and facilities adminis12 tered by the National Park Service (including special road

13 maintenance service to trucking permittees on a reimburs14 able basis), and for the general administration of the Na15 tional Park Service, including not to exceed $1,599,000

16 for the Volunteers-in-Parks program, and not less than

17 $1,000,000 for high priority projects within the scope of

18 the approved budget which shall be carried out by the

19 Youth Conservation Corps as authorized by the Act of Au20 gust 13, 1970, as amended by Public Law 93–408,

21 $1,083,973,000 $1,061,276,000, without regard to the Act

22 of August 24, 1912, as amended (16 U.S.C. 451), of

23 which not to exceed $79,900,000, to remain available until

24 expended is to be derived from the special fee account es25 tablished pursuant to title V, section 5201, of Public Law
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1 100–203: Provided, That should any increase in fees be

2 enacted after enactment of this Act but prior to September

3 30, 1995, that would be available for the programs under

4 this heading, the Secretary of the Interior shall make

5 available under this heading an amount equal to the

6 amount collected by such fee increase to the resource stew7 ardship program ‘‘Operation of the National Park System’’

8 account for purposes approved by the Secretary and subject

9 to the reprogramming guidelines of the House and Senate

10 Committees on Appropriations: Provided further, That

11 these funds shall be used for one-time, non-recurring pur12 poses only.

13 NATIONAL RECREATION AND PRESERVATION

14 For expenses necessary to carry out recreation pro15 grams, natural programs, cultural programs, environ16 mental compliance and review, international park affairs,

17 statutory or contractual aid for other activities, and grant

18 administration, not otherwise provided for, $36,946,000

19 $43,228,000.

20 HISTORIC PRESERVATION FUND

21 For expenses necessary in carrying out the provisions

22 of the Historic Preservation Act of 1966 (80 Stat. 915),

23 as amended (16 U.S.C. 470), $41,000,000 $40,000,000,

24 to be derived from the Historic Preservation Fund, estab25 lished by section 108 of that Act, as amended, to remain

26 available for obligation until September 30, 1996.
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1 CONSTRUCTION

2 For construction, improvements, repair or replace3 ment of physical facilities, $171,417,000 $170,503,000, to

4 remain available until expended: Provided, That not to ex5 ceed $4,500,000 shall be paid to the Army Corps of Engi6 neers for modifications authorized by section 104 of the

7 Everglades National Park Protection and Expansion Act

8 of 1989:–Provided further, That $256,000 for rehabilita9 tion of the William McKinley Tomb shall be derived from

10 the Historic Preservation Fund pursuant to 16 U.S.C.

11 470a: Provided further, That $3,000,000 for the Metropoli12 tan Museum of Art, New York and $1,000,000 for the Penn

13 Center shall be derived from the Historic Preservation Fund

14 pursuant to 16 U.S.C. 470a: Provided further, That not15 withstanding any other provision of law, a single procure16 ment for the construction of the vessel exhibit at Salem Mar17 itime National Historic Site may be issued which includes

18 the full scope of the project: Provided further, That the solic19 itation and the contract shall contain the clause ‘‘availabil20 ity of funds’’ found at 48 CFR 52.232.18.

21 URBAN PARK AND RECREATION FUND

22 For expenses necessary to carry out the provisions

23 of the Urban Park and Recreation Recovery Act of 1978

24 (16 U.S.C. 2501–2514), $10,000,000 $5,000,000, to re25 main available until expended.
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1 LAND AND WATER CONSERVATION FUND

2 (RESCISSION)

3 The contract authority provided for fiscal year 1995

4 by 16 U.S.C. 460l–10a is rescinded.

5 LAND ACQUISITION AND STATE ASSISTANCE

6 For expenses necessary to carry out the provisions

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

8 as amended (16 U.S.C. 460l–4–11), including administra9 tive expenses, and for acquisition of lands or waters, or

10 interest therein, in accordance with statutory authority

11 applicable to the National Park Service, $88,596,000

12 $82,259,000, to be derived from the Land and Water Con13 servation Fund, to remain available until expended, of

14 which $4,800,000 is provided for Federal assistance to the

15 State of Florida pursuant to Public Law 103–219, and of

16 which $29,500,000 $28,000,000 is for the State assistance

17 program including $3,250,000 to administer the State as18 sistance program: Provided, That of the amounts pre19 viously appropriated to the Secretary’s contingency fund

20 for grants to States $415,000 shall be available in 1995

21 for administrative expenses of the State grant program.

22 ADMINISTRATIVE PROVISIONS

23 Appropriations for the National Park Service shall be

24 available for the purchase of not to exceed 467 passenger

25 motor vehicles, of which 338 shall be for replacement only,

26 including not to exceed 360 for police-type use, 12 buses,
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1 and 5 ambulances: Provided, That none of the funds ap2 propriated to the National Park Service may be used to

3 process any grant or contract documents which do not in4 clude the text of 18 U.S.C. 1913: Provided further, That

5 none of the funds appropriated to the National Park Serv6 ice may be used to implement an agreement for the rede7 velopment of the southern end of Ellis Island until such

8 agreement has been submitted to the Congress and shall

9 not be implemented prior to the expiration of 30 calendar

10 days (not including any day in which either House of Con11 gress is not in session because of adjournment of more

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

13 by the Speaker of the House of Representatives and the

14 President of the Senate of a full and comprehensive report

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

16 including the facts and circumstances relied upon in sup17 port of the proposed project: Provided further, That the

18 first proviso under this head in Public Law 102–381 (106

19 Stat. 1386) (106 Stat. 1384) is amended by inserting ‘‘,

20 not to exceed $500,000 $250,000,’’ after the word ‘‘funds’’

21 and by inserting ‘‘: Provided further, That any exercise of

22 this authority must be replenished by a supplemental ap23 propriation which must be requested as promptly as pos24 sible’’ after the word ‘‘System’’.
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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, and the

6 mineral and water resources of the United States, its Ter7 ritories and possessions, and other areas as authorized by

8 law (43 U.S.C. 31, 1332 and 1340); classify lands as to

9 their mineral and water resources; give engineering super10 vision to power permittees and Federal Energy Regulatory

11 Commission licensees; administer the minerals exploration

12 program (30 U.S.C. 641); and publish and disseminate

13 data relative to the foregoing activities; $576,775,000

14 $565,316,000, of which $62,130,000 shall be available only

15 for cooperation with States or municipalities for water re16 sources investigations: Provided, That no part of this ap17 propriation shall be used to pay more than one-half the

18 cost of any topographic mapping or water resources inves19 tigations carried on in cooperation with any State or mu20 nicipality: Provided further, That of the offsetting collec21 tions credited to this account $546,000 are permanently

22 canceled.

23 WORKING CAPITAL FUND

24 The first paragraph under this head in Public Law

25 101–512 is amended as follows: in the second sentence

26 after ‘‘work,’’ insert ‘‘facilities,’’; and in the third sentence
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1 after ‘‘include’’ insert ‘‘laboratory modernization and

2 equipment replacement,’’, after ‘‘operations,’’ insert

3 ‘‘maintenance,’’, ‘‘operations’’ insert ‘‘, maintenance,’’, and

4 after ‘‘replacement of computer,’’ insert ‘‘publications, sci5 entific instrumentation,’’.

6 The second paragraph under this head in Public Law

7 101–512 is amended as follows: in the second proviso after

8 ‘‘depreciation of equipment’’ insert ‘‘and facilities,’’.

9 ADMINISTRATIVE PROVISIONS

10 The amount appropriated for the United States Geo11 logical Survey shall be available for purchase of not to ex12 ceed 22 passenger motor vehicles, for replacement only;

13 reimbursement to the General Services Administration for

14 security guard services; contracting for the furnishing of

15 topographic maps and for the making of geophysical or

16 other specialized surveys when it is administratively deter17 mined that such procedures are in the public interest; con18 struction and maintenance of necessary buildings and ap19 purtenant facilities; acquisition of lands for gauging sta20 tions and observation wells; expenses of the United States

21 National Committee on Geology; and payment of com22 pensation and expenses of persons on the rolls of the Unit23 ed States Geological Survey appointed, as authorized by

24 law, to represent the United States in the negotiation and

25 administration of interstate compacts: Provided, That ac26 tivities funded by appropriations herein made may be ac-
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1 complished through the use of contracts, grants, or coop2 erative agreements as defined in 31 U.S.C. 6302, et seq.

3 MINERALS MANAGEMENT SERVICE

4 ROYALTY AND OFFSHORE MINERALS MANAGEMENT

5 For expenses necessary for minerals leasing and envi6 ronmental studies, regulation of industry operations, and

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

8 laws and regulations applicable to oil, gas, and other min9 erals leases, permits, licenses and operating contracts; and

10 for matching grants or cooperative agreements; including

11 the purchase of not to exceed eight passenger motor vehi12 cles for replacement only; $190,206,000 $189,034,000, of

13 which not less than $68,434,000 $67,934,000 shall be

14 available for royalty management activities; and an

15 amount not to exceed $7,400,000 $8,800,000 for the Tech16 nical Information Management System of Outer Continen17 tal Shelf (OCS) Lands Activity, to be credited to this ap18 propriation and to remain available until expended, from

19 additions to receipts resulting from increases to rates in

20 effect on August 5, 1993, from rate increases to fee collec21 tions for OCS administrative activities performed by the

22 Minerals Management Service over and above the rates

23 in effect on September 30, 1993, and from additional fees

24 for OCS administrative activities established after Sep25 tember 30, 1993: Provided, That $1,500,000 for computer
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1 acquisitions shall remain available until September 30,

2 1996: Provided further, That funds appropriated under

3 this Act shall be available for the payment of interest in

4 accordance with 30 U.S.C. 1721 (b) and (d): Provided fur5 ther, That not to exceed $3,000 shall be available for rea6 sonable expenses related to promoting volunteer beach and

7 marine cleanup activities: Provided further, That notwith8 standing any other provision of law, $15,000 under this

9 head shall be available for refunds of overpayments in con10 nection with certain Indian leases in which the Director

11 of the Minerals Management Service concurred with the

12 claimed refund due: Provided further, That the Secretary

13 shall take appropriate action to collect unpaid and under14 paid royalties and late payment interest owed by Federal

15 and Indian mineral lessees and other royalty payors on

16 amounts received in settlement or other resolution of dis17 putes under, and for partial or complete termination of,

18 sales agreements for minerals from Federal and Indian

19 leases: Provided further, That the fifth proviso under the

20 heading ‘‘Leasing and Royalty Management’’ for the Min21 erals Management Service in Public Law 101–512 (104

22 Stat. 1926) is amended by striking the words ‘‘or payment

23 of civil penalty’’ after the words ‘‘result of the forfeiture

24 of a bond or other security’’ and striking the words ‘‘or

25 imposition of the civil penalty’’ after the words ‘‘rendered
24

HR 4602 RS

1 necessary by the action or inaction that led to the forfeit2 ure’’: Provided further, That where the account title

3 ‘‘Leasing and Royalty Management’’ appears in any public

4 law, the words ‘‘Leasing and Royalty Management’’ begin5 ning in fiscal year 1995 and thereafter shall be construed

6 to mean ‘‘Royalty and Offshore Minerals Management’’.

7 OIL SPILL RESEARCH

8 For necessary expenses to carry out the purposes of

9 title I, section 1016, title IV, sections 4202 and 4303, title

10 VII, and title VIII, section 8201 of the Oil Pollution Act

11 of 1990, $6,452,000, which shall be derived from the Oil

12 Spill Liability Trust Fund, to remain available until ex13 pended.

14 BUREAU OF MINES

15 MINES AND MINERALS

16 For expenses necessary for conducting inquiries,

17 technological investigations, and research concerning the

18 extraction, processing, use, and disposal of mineral sub19 stances without objectionable social and environmental

20 costs; to foster and encourage private enterprise in the de21 velopment of mineral resources and the prevention of

22 waste in the mining, minerals, metal, and mineral rec23 lamation industries; to inquire into the economic condi24 tions affecting those industries; to promote health and

25 safety in mines and the mineral industry through re26 search; and for other related purposes as authorized by
25

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1 law, $152,269,000 $152,389,000, of which $99,365,000

2 $100,265,000, shall remain available until expended.

3 ADMINISTRATIVE PROVISIONS

4 The Secretary is authorized to accept lands, buildings,

5 equipment, other contributions, and fees from public and

6 private sources, and to prosecute projects using such con7 tributions and fees in cooperation with other Federal,

8 State or private agencies: Provided, That the Bureau of

9 Mines is authorized, during the current fiscal year, to sell

10 directly or through any Government agency, including cor11 porations, any metal or mineral product that may be man12 ufactured in pilot plants operated by the Bureau of Mines,

13 and the proceeds of such sales shall be covered into the

14 Treasury as miscellaneous receipts: Provided further, That

15 notwithstanding any other provision of law, the Secretary

16 is authorized to convey, without reimbursement, title and

17 all interest of the United States in property and facilities

18 of the United States Bureau of Mines in Juneau, Alaska

19 to the City and Borough of Juneau, Alaska; in Tuscaloosa,

20 Alabama, to The University of Alabama; and in Rolla,

21 Missouri, to the University of Missouri-Rolla.

22 OFFICE OF SURFACE MINING RECLAMATION AND

23 ENFORCEMENT

24 REGULATION AND TECHNOLOGY

25 For necessary expenses to carry out the provisions

26 of the Surface Mining Control and Reclamation Act of
26

HR 4602 RS

1 1977, Public Law 95–87, as amended, including the pur2 chase of not to exceed 15 passenger motor vehicles for re3 placement only; $110,206,000 $109,773,000, and notwith4 standing 31 U.S.C. 3302, an additional amount shall be

5 credited to this account, to remain available until ex6 pended, from performance bond forfeitures in fiscal year

7 1995: Provided, That notwithstanding any other provision

8 of law, the Secretary of the Interior, pursuant to regula9 tions, may utilize directly or through grants to States,

10 moneys collected in fiscal year 1995 pursuant to the as11 sessment of civil penalties under section 518 of the Sur12 face Mining Control and Reclamation Act of 1977 (30

13 U.S.C. 1268), to reclaim lands adversely affected by coal

14 mining practices after August 3, 1977, to remain available

15 until expended: Provided further, That notwithstanding

16 any other provision of law, appropriations for the Office

17 of Surface Mining Reclamation and Enforcement may pro18 vide for the travel and per diem expenses of State and

19 tribal personnel attending Office of Surface Mining Rec20 lamation and Enforcement sponsored training.

21 ABANDONED MINE RECLAMATION FUND

22 For necessary expenses to carry out the provisions

23 of title IV of the Surface Mining Control and Reclamation

24 Act of 1977, Public Law 95–87, as amended, including

25 the purchase of not more than 22 passenger motor vehicles

26 for replacement only, $172,404,000 $193,831,000 to be de-
27

HR 4602 RS

1 rived from receipts of the Abandoned Mine Reclamation

2 Fund and to remain available until expended: Provided,

3 That grants to minimum program States will be

4 $1,000,000 $2,000,000 per State in fiscal year 1995: Pro5 vided further, That of the funds herein provided up to

6 $18,000,000 may be used for the emergency program au7 thorized by section 410 of Public Law 95–87, as amended,

8 of which no more than 25 per centum shall be used for

9 emergency reclamation projects in any one State and

10 funds for Federally-administered emergency reclamation

11 projects under this proviso shall not exceed $11,000,000:

12 Provided further, That prior year unobligated funds appro13 priated for the emergency reclamation program shall not

14 be subject to the 25 per centum limitation per State and

15 may be used without fiscal year limitation for Federal

16 emergency projects: Provided further, That pursuant to

17 Public Law 97–365, the Department of the Interior is au18 thorized to utilize up to 20 per centum from the recovery

19 of the delinquent debt owed to the United States Govern20 ment to pay for contracts to collect these debts.

21 BUREAU OF INDIAN AFFAIRS

22 OPERATION OF INDIAN PROGRAMS

23 For operation of Indian programs by direct expendi24 ture, contracts, cooperative agreements, and grants in25 cluding expenses necessary to provide education and wel-
28

HR 4602 RS

1 fare services for Indians, either directly or in cooperation

2 with States and other organizations, including payment of

3 care, tuition, assistance, and other expenses of Indians in

4 boarding homes, or institutions, or schools; grants and

5 other assistance to needy Indians; maintenance of law and

6 order; management, development, improvement, and pro7 tection of resources and appurtenant facilities under the

8 jurisdiction of the Bureau of Indian Affairs, including pay9 ment of irrigation assessments and charges; acquisition of

10 water rights; advances for Indian industrial and business

11 enterprises; operation of Indian arts and crafts shops and

12 museums; development of Indian arts and crafts, as au13 thorized by law; for the general administration of the Bu14 reau of Indian Affairs, including such expenses in field

15 offices; maintaining of Indian reservation roads as defined

16 in section 101 of title 23, United States Code; and con17 struction, repair, and improvement of Indian housing,

18 $1,527,786,000 $1,523,399,000, of which $199,000 shall

19 be for cyclical maintenance of tribally owned fish hatch20 eries and related facilities; and of which $297,000 shall

21 be for a grant to the Close Up Foundation; and of which

22 not to exceed $103,323,000 shall be for payments to tribes

23 and tribal organizations for indirect costs associated with

24 contracts or grants or compacts authorized by the Indian

25 Self-Determination Act of 1975, as amended; and of which
29

HR 4602 RS

1 not to exceed $330,111,000 shall be for school operations

2 costs of Bureau-funded schools and other education pro3 grams which shall become available for obligation on July

4 1, 1995, and shall remain available for obligation until

5 September 30, 1996; and of which not to exceed

6 $72,680,000 $72,580,000 shall be for higher education

7 scholarships, adult vocational training, and assistance to

8 public schools under the Act of April 16, 1934 (48 Stat.

9 596), as amended (25 U.S.C. 452 et seq.), which shall

10 remain available for obligation until September 30, 1996;

11 and of which $75,902,000 $75,735,000 shall remain avail12 able until expended, including $16,206,000 for trust funds

13 management, $19,083,000 for housing improvement,

14 $30,169,000 $30,002,000 for road maintenance,

15 $2,332,000 for attorney fees, $1,983,000 for litigation

16 support, $4,934,000 for self-governance tribal compacts,

17 and $1,195,000 for the Navajo-Hopi Settlement Program:

18 Provided, That payments of funds obligated as grants to

19 schools pursuant to Public Law 100–297 shall be made

20 on July 1 and December 1 in lieu of the payments author21 ized to be made on October 1 and January 1 of each cal22 endar year: Provided further, That funds made available

23 to tribes and tribal organizations through contracts or

24 grants obligated during fiscal year 1995 as authorized by

25 the Indian Self-Determination Act of 1975 (88 Stat.
30

HR 4602 RS

1 2203; 25 U.S.C. 450 et seq.), or grants authorized by the

2 Indian Education Amendments of 1988 (25 U.S.C. 2001

3 and 2008A) shall remain available until expended by the

4 contractor or grantee: Provided further, That of the funds

5 provided, $7,500,000 shall remain available until ex6 pended, for the Indian Self-Determination Fund, which

7 shall be available for the transitional costs of initial or ex8 panded tribal contracts, grants or cooperative agreements

9 with the Bureau of Indian Affairs under the provisions

10 of the Indian Self-Determination Act: Provided further,

11 That none of the funds appropriated to the Bureau of In12 dian Affairs shall be expended as matching funds for pro13 grams funded under section 103(b)(2) of the Carl D. Per14 kins Vocational Education Act: Provided further, That

15 none of the funds in this Act shall be used by the Bureau

16 of Indian Affairs to transfer funds under a contract with

17 any third party for the management of tribal or individual

18 Indian trust funds until the funds held in trust for all

19 such tribes or individuals have been audited and reconciled

20 to the earliest possible date, the results of such reconcili21 ation have been certified by an independent party as the

22 most complete reconciliation of such funds possible, and

23 the affected tribe or individual has been provided with an

24 accounting of such funds: Provided further, That notwith25 standing any other provision of law, the statute of limita-
31

HR 4602 RS

1 tions shall not commence to run on any claim, including

2 any claim in litigation pending on the date of this Act,

3 concerning losses to or mismanagement of trust funds,

4 until the affected tribe or individual Indian has been fur5 nished with the accounting of such funds from which the

6 beneficiary can determine whether there has been a loss:

7 Provided further, That to provide funding uniformity with8 in a Self-Governance Compact, any funds provided in this

9 Act with availability for more than one year may be repro10 grammed to one year availability but shall remain avail11 able within the Compact until expended: Provided further,

12 That notwithstanding any other provision of law, Indian

13 tribal governments may, by appropriate changes in eligi14 bility criteria or by other means, change eligibility for gen15 eral assistance or change the amount of general assistance

16 payments for individuals within the service area of such

17 tribe who are otherwise deemed eligible for general assist18 ance payments so long as such changes are applied in a

19 consistent manner to individuals similarly situated: Pro20 vided further, That any savings realized by such changes

21 shall be available for use in meeting other priorities of the

22 tribes: Provided further, That any such change must be

23 part of a comprehensive tribal plan for reducing the long24 term need for general assistance payments: Provided fur25 ther, That any such tribal plan must incorporate, to the
32

HR 4602 RS

1 greatest extent feasible, currently existing social service,

2 educational training, and employment assistance resources

3 prior to changing general assistance eligibility or payment

4 standards which would have the effect of increasing the

5 cost of general assistance: Provided further, That any net

6 increase in costs to the Federal government which result

7 solely from tribally increased payment levels and which are

8 not part of such a comprehensive tribal plan shall be met

9 exclusively from funds available to the tribe from within

10 its tribal priority allocation: Provided further, That any

11 forestry funds allocated to a tribe which remain unobli12 gated as of September 30, 1995, may be transferred dur13 ing fiscal year 1996 to an Indian forest land assistance

14 account established for the benefit of such tribe within the

15 tribe’s trust fund account: Provided further, That any such

16 unobligated balances not so transferred shall expire on

17 September 30, 1996: Provided further, That notwithstand18 ing any other provision of law, no funds available to the

19 Bureau of Indian Affairs, other than the amounts pro20 vided herein for assistance to public schools under the Act

21 of April 16, 1934 (48 Stat. 596), as amended (25 U.S.C.

22 452 et seq.), shall be available to support the operation

23 of any elementary or secondary school in the State of Alas24 ka in fiscal year 1995: Provided further, That within the

25 funds contained in this Act, only the following new schools
33

HR 4602 RS

1 may receive initial funding pursuant to the provisions of

2 25 U.S.C. 2001(k) or 2505(a)(1)(C) and (D): Trenton

3 and Sault Ste. Marie: Provided further, That except for

4 these initially funded new schools, for which current enroll5 ment data shall be used, the amount made available for the

6 Indian school equalization program may be allocated based

7 on the number of weighted student units for the previous

8 school year, with adjustments as approved by the Secretary:

9 Provided further, That funds made available, in this Act

10 and hereafter, for schools funded by the Bureau of Indian

11 Affairs shall only be available to the 187 schools which will

12 be in the Bureau of Indian Affairs school system as of Sep13 tember 1, 1995.

14 CONSTRUCTION

15 For construction, major repair, and improvement of

16 irrigation and power systems, buildings, utilities, and

17 other facilities, including architectural and engineering

18 services by contract; acquisition of lands and interests in

19 lands; and preparation of lands for farming, $131,030,000

20 $123,230,000, to remain available until expended: Pro21 vided, That $1,500,000 of the funds made available in this

22 Act shall be available for rehabilitation of tribally owned

23 fish hatcheries and related facilities: Provided further,

24 That such amounts as may be available for the construc25 tion of the Navajo Indian Irrigation Project and for other

26 water resource development activities related to the South-
34

HR 4602 RS

1 ern Arizona Water Rights Settlement Act may be trans2 ferred to the Bureau of Reclamation: Provided further,

3 That not to exceed 6 per centum of contract authority

4 available to the Bureau of Indian Affairs from the Federal

5 Highway Trust Fund may be used to cover the road pro6 gram management costs of the Bureau of Indian Affairs:

7 Provided further, That any funds provided for the Safety

8 of Dams program pursuant to 25 U.S.C. 13 shall be made

9 available on a non-reimbursable basis: Provided further,

10 That not to exceed $6,000,000 of contract authority and

11 liquidating cash available in fiscal year 1995 from the

12 Federal Highway Trust Fund may be used for the acquisi13 tion of road construction equipment: Provided further,

14 That funds currently obligated for rehabilitation and con15 struction on the Gila River Indian Reservation may be used

16 to purchase and pump water during fiscal year 1995: Pro17 vided further, That notwithstanding any other provision of

18 law, the Secretary of the Interior shall use the Administra19 tive and Audit Requirements and Cost Principles for Assist20 ance Programs contained in 43 CFR Part 12 as regulatory

21 guidance, including but not limited to the provisions relat22 ing to the application and payment procedures, to imple23 ment new construction or facilities improvement project

24 grants in excess of $100,000 that are provided to tribally

25 controlled grant schools under Public Law 100–297, as
35

HR 4602 RS

1 amended: Provided further, That the Secretary shall evalu2 ate applications to determine whether there is sufficient or3 ganizational management, engineering and financial man4 agement capabilities to assure that the construction project

5 will conform to appropriate Federal, tribal, State and local

6 building standards and requirements including 25 USC

7 2005(a): Provided further, That the costs will be fair and

8 reasonable: Provided further, That where these capabilities

9 are determined by the Secretary to be insufficient, the Sec10 retary may provide technical assistance subject to the avail11 ability of appropriations, or will follow the procedures in

12 Public Law 93–638, as amended, in Section 105(a): Pro13 vided further, That the Secretary is to insure that personnel

14 authorized to award and administer new construction or

15 facilities improvement project grants in excess of $100,000

16 under Public Law 100–297 are properly trained and quali17 fied.

18 INDIAN LAND AND WATER CLAIM SETTLEMENTS AND

19 MISCELLANEOUS PAYMENTS TO INDIANS

20 For miscellaneous payments to Indian tribes and in21 dividuals and for necessary administrative expenses,

22 $82,896,000 $77,096,000, to remain available until ex23 pended; of which $78,851,000 $73,051,000 shall be avail24 able for implementation of enacted Indian land and water

25 claim settlements pursuant to Public Laws 87–483, 97–

26 293, 101–618, 102–374, 102–441, 102–575, and 103–
36

HR 4602 RS

1 116, and for implementation of other enacted water rights

2 settlements, including not to exceed $8,000,000, which

3 shall be for the Federal share of the Catawba Indian Tribe

4 of South Carolina Claims Settlement, as authorized by

5 section 5(a) of Public Law 103–116; and of which

6 $1,045,000 shall be available pursuant to Public Laws

7 98–500, 99–264, and 100–580; and of which $3,000,000

8 shall be available (1) to liquidate obligations owed tribal

9 and individual Indian payees of any checks canceled pur10 suant to section 1003 of the Competitive Equality Bank11 ing Act of 1987 (Public Law 100–86 (101 Stat. 659)),

12 31 U.S.C. 3334(b), (2) to restore to Individual Indian

13 Monies trust funds, Indian Irrigation Systems, and Indian

14 Power Systems accounts amounts invested in credit

15 unions or defaulted savings and loan associations and

16 which were not Federally insured, including any interest

17 on these amounts that may have been earned, but was

18 not because of the default, and (3) to reimburse Indian

19 trust fund account holders for losses to their respective

20 accounts where the claim for said loss(es) has been re21 duced to a judgment or settlement agreement approved

22 by the Department of Justice.

23 NAVAJO REHABILITATION TRUST FUND

24 For Navajo tribal rehabilitation and improvement ac25 tivities in accordance with the provisions of section 32(d)

26 of Public Law 93–531, as amended (25 U.S.C. 640d–30),
37

HR 4602 RS

1 including necessary administrative expenses, $2,466,000, to

2 remain available until expended.

3 TECHNICAL ASSISTANCE OF INDIAN ENTERPRISES

4 For payment of management and technical assistance

5 requests associated with loans and grants approved under

6 the Indian Financing Act of 1974, as amended,

7 $1,970,000.

8 INDIAN DIRECT LOAN PROGRAM ACCOUNT

9 For the cost, as defined in section 13201 of the

10 Budget Enforcement Act of 1990, including the cost of

11 modifying loans, of expert assistance loans authorized by

12 the Act of November 4, 1963, as amended, and the cost

13 of direct loans authorized by the Indian Financing Act of

14 1974, as amended, $2,484,000: Provided, That these

15 funds are available to subsidize gross obligations for the

16 principal amount of direct loans not to exceed

17 $10,890,000.

18 INDIAN GUARANTEED LOAN PROGRAM ACCOUNT

19 For the cost of guaranteed loans, $8,784,000, as au20 thorized by the Indian Financing Act of 1974, as amend21 ed: Provided, That such costs including the cost of modify22 ing such loans, shall be as defined in section 502 of the

23 Congressional Budget Act of 1974, as amended: Provided

24 further, That these funds are available to subsidize total

25 loan principal any part of which is to be guaranteed not

26 to exceed $46,900,000.
38

HR 4602 RS

1 In addition, for administrative expenses necessary to

2 carry out the guaranteed loan program, $906,000.

3 ADMINISTRATIVE PROVISIONS

4 Appropriations for the Bureau of Indian Affairs (ex5 cept the revolving fund for loans, the Indian loan guaran6 tee and insurance fund, the Technical Assistance of Indian

7 Enterprises account, the Indian Direct Loan Program ac8 count, and the Indian Guaranteed Loan Program account)

9 shall be available for expenses of exhibits, and purchase

10 of not to exceed 255 passenger carrying motor vehicles,

11 of which not to exceed 210 shall be for replacement only.

12 TERRITORIAL AND INTERNATIONAL AFFAIRS

13 ADMINISTRATION OF TERRITORIES

14 For expenses necessary for the administration of ter15 ritories under the jurisdiction of the Department of the

16 Interior, $83,139,000 $77,339,000 of which (1)

17 $78,962,000 $72,962,000 shall be available until expended

18 for technical assistance, including maintenance assistance,

19 disaster assistance, drug interdiction and abuse preven20 tion, insular management controls, and brown tree snake

21 control and research; grants to the judiciary in American

22 Samoa for compensation and expenses, as authorized by

23 law (48 U.S.C. 1661(c)); grants to the Government of

24 American Samoa, in addition to current local revenues, for

25 construction and support of governmental functions;

26 grants to the Government of the Virgin Islands as author-
39

HR 4602 RS

1 ized by law; grants to the Government of Guam, as au2 thorized by law; and grants to the Government of the

3 Northern Mariana Islands as authorized by law (Public

4 Law 94–241; 90 Stat. 272); and (2) $4,177,000

5 $4,377,000 shall be available for salaries and expenses of

6 the Office of Territorial and International Affairs: Pro7 vided, That all financial transactions of the territorial and

8 local governments herein provided for, including such

9 transactions of all agencies or instrumentalities estab10 lished or utilized by such governments, shall may be au11 dited by the General Accounting Office, at its discretion,

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

13 Code: Provided further, That Northern Mariana Islands

14 Covenant grant funding shall be provided according to

15 those terms of the Agreement of the Special Representa16 tives on Future United States Financial Assistance for the

17 Northern Mariana Islands approved by Public Law 99–

18 396, or any subsequent legislation related to Common19 wealth of the Northern Mariana Islands Covenant grant

20 funding, except that should the Secretary of the Interior

21 believe that the performance standards of such agreement

22 are not being met, operations funds may be withheld, but

23 only by Act of Congress as required by Public Law 99–

24 396: Provided further, That $1,025,000 of the amounts

25 provided for technical assistance shall be available for a
40

HR 4602 RS

1 grant to the Close Up Foundation: Provided further, That

2 the funds for the program of operations and maintenance

3 improvement are appropriated to institutionalize routine

4 operations and maintenance of capital infrastructure in

5 American Samoa, Guam, the Virgin Islands, the Common6 wealth of the Northern Mariana Islands, the Republic of

7 Palau, the Republic of the Marshall Islands, and the Fed8 erated States of Micronesia through assessments of long9 range operations and maintenance needs, improved capa10 bility of local operations and maintenance institutions and

11 agencies (including management and vocational education

12 training), and project-specific maintenance (with terri13 torial participation and cost sharing to be determined by

14 the Secretary based on the individual territory’s commit15 ment to timely maintenance of its capital assets): Provided

16 further, That any appropriation for disaster assistance

17 under this head in this Act or previous appropriations Acts

18 may be used as non-Federal matching funds for the pur19 pose of hazard mitigation grants provided pursuant to sec20 tion 404 of the Robert T. Stafford Disaster Relief and

21 Emergency Assistance Act (42 U.S.C. 5170c).

22 TRUST TERRITORY OF THE PACIFIC ISLANDS

23 For expenses necessary for the Department of the In24 terior in administration of the Trust Territory of the Pa25 cific Islands pursuant to the Trusteeship Agreement ap26 proved by joint resolution of July 18, 1947 (61 Stat. 397),
41

HR 4602 RS

1 and the Act of June 30, 1954 (68 Stat. 330), as amended

2 (90 Stat. 299; 91 Stat. 1159; 92 Stat. 495), and grants

3 to the Trust Territory of the Pacific Islands, in addition

4 to local revenues, for support of governmental functions;

5 $2,900,000 $900,000, to remain available until expended:

6 Provided, That all financial transactions of the Trust Ter7 ritory, including such transactions of all agencies or in8 strumentalities established or utilized by such Trust Terri9 tory, shall may be audited by the General Accounting Of10 fice, at its discretion, in accordance with chapter 35 of title

11 31, United States Code.

12 COMPACT OF FREE ASSOCIATION

13 For economic assistance and necessary expenses for

14 the Federated States of Micronesia and the Republic of

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

16 223, 232, and 233 of the Compacts of Free Association,

17 $25,102,000 $20,602,000, to remain available until ex18 pended, as authorized by Public Law 99–239; and in addi19 tion, for special assistance as authorized by Public Law

20 101–219, and for economic assistance and necessary ex21 penses for the Republic of Palau as provided for in Sec22 tions 122, 221, 223, 232, and 233 of the Compact of Free

23 Association, $7,556,000, to remain available until ex24 pended, as authorized by Public Law 99–658.
42

HR 4602 RS

1 DEPARTMENTAL OFFICES

2 OFFICE OF THE SECRETARY

3 SALARIES AND EXPENSES

4 For necessary expenses of the Office of the Secretary

5 of the Interior, $62,599,000 of which not to exceed $7,500

6 may be for official reception and representation expenses:

7 Provided, That of the offsetting collections credited to this

8 account, $1,184,000 are permanently canceled.

9 OFFICE OF THE SOLICITOR

10 SALARIES AND EXPENSES

11 For necessary expenses of the Office of the Solicitor,

12 $35,374,000 $32,548,000.

13 OFFICE OF INSPECTOR GENERAL

14 SALARIES AND EXPENSES

15 For necessary expenses of the Office of Inspector

16 General, $23,985,000.

17 CONSTRUCTION MANAGEMENT

18 SALARIES AND EXPENSES

19 For necessary expenses of the Office of Construction

20 Management, $2,000,000.

21 NATIONAL INDIAN GAMING COMMISSION

22 SALARIES AND EXPENSES

23 For necessary expenses of the National Indian Gam24 ing Commission, pursuant to Public Law 100–497,

25 $1,000,000.
43

HR 4602 RS

1 ADMINISTRATIVE PROVISIONS

2 There is hereby authorized for acquisition from avail3 able resources within the Working Capital Fund, 18 air4 craft, 10 of which shall be for replacement and which may

5 be obtained by donation, purchase or through available ex6 cess surplus property: Provided, That notwithstanding any

7 other provision of law, existing aircraft being replaced may

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

9 offset the purchase price for the replacement aircraft: Pro10 vided further, That no programs funded with appropriated

11 funds in the ‘‘Office of the Secretary’’, ‘‘Office of the So12 licitor’’, and ‘‘Office of Inspector General’’ may be aug13 mented through the Working Capital Fund or the Consoli14 dated Working Fund.

15 GENERAL PROVISIONS, DEPARTMENT OF THE

16 INTERIOR

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

18 available for expenditure or transfer (within each bureau

19 or office), with the approval of the Secretary, for the emer20 gency reconstruction, replacement, or repair of aircraft,

21 buildings, utilities, or other facilities or equipment dam22 aged or destroyed by fire, flood, storm, or other unavoid23 able causes: Provided, That no funds shall be made avail24 able under this authority until funds specifically made

25 available to the Department of the Interior for emer-
44

HR 4602 RS

1 gencies shall have been exhausted: Provided further, That

2 all funds used pursuant to this section are hereby des3 ignated by Congress to be ‘‘emergency requirements’’ pur4 suant to section 251(b)(2)(D) of the Balanced Budget and

5 Emergency Deficit Control Act of 1985 and must be re6 plenished by a supplemental appropriation which must be

7 requested as promptly as possible.

8 SEC. 102. The Secretary may authorize the expendi9 ture or transfer of any no year appropriation in this title,

10 in addition to the amounts included in the budget pro11 grams of the several agencies, for the suppression or emer12 gency prevention of forest or range fires on or threatening

13 lands under the jurisdiction of the Department of the Inte14 rior; for the emergency rehabilitation of burned-over lands

15 under its jurisdiction; for emergency actions related to po16 tential or actual earthquakes, floods, volcanoes, storms, or

17 other unavoidable causes; for contingency planning subse18 quent to actual oilspills; response and natural resource

19 damage assessment activities related to actual oilspills; for

20 the prevention, suppression, and control of actual or po21 tential grasshopper and Mormon cricket outbreaks on

22 lands under the jurisdiction of the Secretary, pursuant to

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

24 (99 Stat. 1658); for emergency reclamation projects under

25 section 410 of Public Law 95–87; and shall transfer, from
45

HR 4602 RS

1 any no year funds available to the Office of Surface Min2 ing Reclamation and Enforcement, such funds as may be

3 necessary to permit assumption of regulatory authority in

4 the event a primacy State is not carrying out the regu5 latory provisions of the Surface Mining Act: Provided,

6 That appropriations made in this title for fire suppression

7 purposes shall be available for the payment of obligations

8 incurred during the preceding fiscal year, and for reim9 bursement to other Federal agencies for destruction of ve10 hicles, aircraft, or other equipment in connection with

11 their use for fire suppression purposes, such reimburse12 ment to be credited to appropriations currently available

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

14 emergency rehabilitation and wildfire suppression activi15 ties, no funds shall be made available under this authority

16 until funds appropriated to the ‘‘Emergency Department

17 of the Interior Firefighting Fund’’ shall have been ex18 hausted: Provided further, That all funds used pursuant

19 to this section are hereby designated by Congress to be

20 ‘‘emergency requirements’’ pursuant to section

21 251(b)(2)(D) of the Balanced Budget and Emergency

22 Deficit Control Act of 1985 and must be replenished by

23 a supplemental appropriation which must be requested as

24 promptly as possible: Provided further, That such replen25 ishment funds shall be used to reimburse, on a pro rata
46

HR 4602 RS

1 basis, accounts from which emergency funds were trans2 ferred.

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, U.S.C.: Provided, That

10 reimbursements for costs and supplies, materials, equip11 ment, and for services rendered may be credited to the

12 appropriation current at the time such reimbursements

13 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.
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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 by the General Services Administration for services or

8 rentals for periods not in excess of twelve months begin9 ning at any time during the fiscal year.

10 SEC. 107. No funds provided in this title may be ex11 pended by the Department of the Interior for the conduct

12 of offshore leasing and related activities placed under re13 striction in the President’s moratorium statement of June

14 26, 1990, in the areas of Northern, Central, and Southern

15 California; the North Atlantic; Washington and Oregon;

16 and the Eastern Gulf of Mexico south of 26 degrees north

17 latitude and east of 86 degrees west longitude.

18 SEC. 108. No funds provided in this title may be ex19 pended by the Department of the Interior for the conduct

20 of leasing, or the approval or permitting of any drilling

21 or other exploration activity, on lands within the North

22 Aleutian Basin planning area.

23 SEC. 109. No funds provided in this title may be ex24 pended by the Department of the Interior for the conduct

25 of preleasing and leasing activities in the Eastern Gulf of
48

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1 Mexico for Outer Continental Shelf Lease Sale 151 in the

2 Outer Continental Shelf Natural Gas and Oil Resource

3 Management Comprehensive Program, 1992–1997.

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

6 of preleasing and leasing activities in the Atlantic for

7 Outer Continental Shelf Lease Sale 164 in the Outer Con8 tinental Shelf Natural Gas and Oil Resource Management

9 Comprehensive Program, 1992–1997.

10 SEC. 111. None of the funds in this Act may be used

11 to publish a National final rule defining the term ‘‘valid

12 existing rights’’ for purposes of section 522(e) of the Sur13 face Mining Control and Reclamation Act of 1977 or to

14 publish a final rule disapproving any existing State defini15 tion of valid existing rights.

16 SEC. 112. None of the funds appropriated or other17 wise made available pursuant to this Act shall be obligated

18 or expended to accept or process applications for a patent

19 for any mining or mill site claim located under the general

20 mining laws or to issue a patent for any mining or mill

21 site claim located under the general mining laws.

22 SEC. 113. The provisions of section 112 shall not

23 apply if the Secretary of the Interior determines that, for

24 the claim concerned: (1) a patent application was filed

25 with the Secretary on or before the date of enactment of
49

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1 this Act, and (2) all requirements established under sec2 tions 2325 and 2326 of the Revised Statutes (30 U.S.C.

3 29 and 30) for vein or lode claims and sections 2329,

4 2330, 2331, and 2333 of the Revised Statutes (30 U.S.C.

5 35, 36, and 37) for placer claims, and section 2337 of

6 the Revised Statutes (30 U.S.C. 42) for mill site claims,

7 as the case may be, were fully complied with by that date.

8 SEC. 114. Of the offsetting collections credited to

9 public enterprise fund numbered 14–4053 in fiscal year

10 1995, $38,000 is permanently cancelled as a result of pro11 curement cost savings.

12 SEC. 115. None of the funds available to the National

13 Park Service in this Act may be used to process permits

14 necessary for construction of a bridge to Ellis Island.

15 TITLE II—RELATED AGENCIES

16 DEPARTMENT OF AGRICULTURE

17 FOREST SERVICE

18 FOREST RESEARCH

19 For necessary expenses of forest research as author20 ized by law, $201,780,000 $198,076,000, to remain avail21 able until September 30, 1996.

22 STATE AND PRIVATE FORESTRY

23 For necessary expenses of cooperating with, and pro24 viding technical and financial assistance to States, Terri25 tories, possessions, and others and for forest pest manage26 ment activities, cooperative forestry and education and
50

HR 4602 RS

1 land conservation activities, $158,664,000 $161,511,000,

2 to remain available until expended, as authorized by law.

3 EMERGENCY PEST SUPPRESSION FUND

4 For necessary expenses for emergency suppression of

5 pests, $17,000,000, to remain available until expended:

6 Provided, That these funds, or any portion thereof, shall

7 be available in fiscal year 1995 only to the extent that

8 the President notifies the Congress of his designation of

9 any or all of these amounts as emergency requirements

10 under section 251(b)(2)(D) of the Balanced Budget and

11 Emergency Deficit Control Act of 1985: Provided further,

12 That Congress hereby designates these amounts as emer13 gency requirements pursuant to section 251(b)(2)(D) of

14 the Balanced Budget and Emergency Deficit Control Act

15 of 1985.

16 INTERNATIONAL FORESTRY

17 For necessary expenses of international forestry as

18 authorized by Public Laws 101–513 and 101–624,

19 $7,000,000, to remain available until September 30, 1996.

20 NATIONAL FOREST SYSTEM

21 (INCLUDING RESCISSION OF FUNDS)

22 For necessary expenses of the Forest Service, not

23 otherwise provided for, for management, protection, im24 provement, and utilization of the National Forest System,

25 for ecosystem planning, inventory, and monitoring, and for

26 administrative expenses associated with the management
51

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1 of funds provided under the heads ‘‘Forest Research’’,

2 ‘‘State and Private Forestry’’, ‘‘National Forest System’’,

3 ‘‘Construction’’, ‘‘Forest Service Fire Protection’’, ‘‘Emer4 gency Forest Service Firefighting Fund’’, and ‘‘Land Ac5 quisition’’ $1,348,162,000 $1,322,857,000, to remain

6 available for obligation until September 30, 1996, and in7 cluding 65 per centum of all monies received during the

8 prior fiscal year as fees collected under the Land and

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

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

11 6a(i)): Provided, That unobligated and unexpended bal12 ances in the National Forest System account at the end

13 of fiscal year 1994, shall be merged with and made a part

14 of the fiscal year 1995 National Forest System appropria15 tion, and shall remain available for obligation until Sep16 tember 30, 1996: Provided further, That up to $5,000,000

17 of the funds provided herein for road maintenance shall

18 be available for the planned obliteration of roads which

19 are no longer needed: Provided further, That funds in the

20 amount of $12,000,000 provided under this head in prior

21 years’ appropriations Acts for fire management are re22 scinded: Provided further, That timber volume authorized

23 or scheduled for sale during fiscal year 1994, but which re24 mains unsold at the end of fiscal year 1994, shall be offered
52

HR 4602 RS

1 for sale during fiscal year 1995 in addition to the fiscal

2 year 1995 timber sale volume to the extent possible.

3 FOREST SERVICE FIRE PROTECTION

4 For necessary expenses for firefighting on or adjacent

5 to National Forest System lands or other lands under fire

6 protection agreement, and for forest fire management and

7 presuppression on National Forest System lands,

8 $160,590,000 $156,908,000, to remain available until ex9 pended: Provided, That unexpended balances of amounts

10 previously appropriated for this purpose under the head11 ing ‘‘Forest Service Firefighting’’, Forest Service, may be

12 transferred to and merged with this appropriation and ac13 counted for as one appropriation for the same time period

14 as originally enacted.

15 EMERGENCY FOREST SERVICE FIREFIGHTING FUND

16 For necessary expenses for emergency rehabilitation,

17 presuppression due to emergencies or economic efficiency,

18 and wildfire suppression activities of the Forest Service,

19 $226,200,000, to remain available until expended: Pro20 vided, That such funds are available for repayment of ad21 vances from other appropriation accounts previously

22 transferred for such purposes.

23 CONSTRUCTION

24 For necessary expenses of the Forest Service, not

25 otherwise provided for, for construction, $191,740,000

26 $219,234,000, to remain available until expended, of which
53

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1 $70,341,000 $68,893,000 is for construction and acquisi2 tion of buildings and other facilities; and $121,399,000

3 $150,341,000 is for construction and repair of forest roads

4 and trails by the Forest Service as authorized by 16

5 U.S.C. 532–538 and 23 U.S.C. 101 and 205: Provided,

6 That funds becoming available in fiscal year 1994 under

7 the Act of March 4, 1913 (16 U.S.C. 501) shall be trans8 ferred to the General Fund of the Treasury of the United

9 States: Provided further, That not to exceed $50,000,000,

10 to remain available until expended, may be obligated for

11 the construction of forest roads by timber purchasers.

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–4–11), including administra16 tive expenses, and for acquisition of land or waters, or in17 terest therein, in accordance with statutory authority ap18 plicable to the Forest Service, $61,131,000 $60,541,000,

19 to be derived from the Land and Water Conservation

20 Fund, to remain available until expended.

21 ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL

22 ACTS

23 For acquisition of lands within the exterior bound24 aries of the Cache, Uinta, and Wasatch National Forests,

25 Utah; the Toiyabe National Forest, Nevada; and the An26 geles, San Bernardino, Sequoia, and Cleveland National
54

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1 Forests, California, as authorized by law, $1,252,000, to

2 be derived from forest receipts.

3 ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES

4 For acquisition of lands, to be derived from funds de5 posited by State, county, or municipal governments, public

6 school districts, or other public school authorities pursuant

7 to the Act of December 4, 1967, as amended (16 U.S.C.

8 484a), to remain available until expended.

9 RANGE BETTERMENT FUND

10 For necessary expenses of range rehabilitation, pro11 tection, and improvement, 50 per centum of all moneys

12 received during the prior fiscal year, as fees for grazing

13 domestic livestock on lands in National Forests in the six14 teen Western States, pursuant to section 401(b)(1) of

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

16 expended, of which not to exceed 6 per centum shall be

17 available for administrative expenses associated with on18 the-ground range rehabilitation, protection, and improve19 ments.

20 GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND

21 RANGELAND RESEARCH

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

23 $89,000, to remain available until expended, to be derived

24 from the fund established pursuant to the above Act.
55

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1 ADMINISTRATIVE PROVISIONS, FOREST SERVICE

2 Appropriations to the Forest Service for the current

3 fiscal year shall be available for: (a) purchase of not to

4 exceed 156 passenger motor vehicles of which 15 will be

5 used primarily for law enforcement purposes and of which

6 148 shall be for replacement only; acquisition of 79 pas7 senger motor vehicles from excess sources, and hire of

8 such vehicles; operation and maintenance of aircraft, the

9 purchase of not to exceed two for replacement only, and

10 acquisition of 14 aircraft from excess sources; notwith11 standing other provisions of law, existing aircraft being

12 replaced may be sold, with proceeds derived or trade-in

13 value used to offset the purchase price for the replacement

14 aircraft; (b) services pursuant to the second sentence of

15 section 706(a) of the Organic Act of 1944 (7 U.S.C.

16 2225), and not to exceed $100,000 for employment under

17 5 U.S.C. 3109; (c) purchase, erection, and alteration of

18 buildings and other public improvements (7 U.S.C. 2250);

19 (d) acquisition of land, waters, and interests therein, pur20 suant to the Act of August 3, 1956 (7 U.S.C. 428a); (e)

21 for expenses pursuant to the Volunteers in the National

22 Forest Act of 1972 (16 U.S.C. 558a, 558d, 558a note);

23 and (f) for debt collection contracts in accordance with

24 31 U.S.C. 3718(c).
56

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1 None of the funds made available under this Act shall

2 be obligated or expended to change the boundaries of any

3 region, to abolish any region, to move or close any regional

4 office for research, State and private forestry, or National

5 Forest System administration of the Forest Service, De6 partment of Agriculture, without the consent of the House

7 and Senate Committees on Appropriations and the Com8 mittee on Agriculture, Nutrition, and Forestry in the

9 United States Senate and the Committee on Agriculture

10 in the United States House of Representatives.

11 Any appropriations or funds available to the Forest

12 Service may be advanced to the Forest Service Firefight13 ing appropriation and may be used for forest firefighting

14 and the emergency rehabilitation of burned-over lands

15 under its jurisdiction: Provided, That no funds shall be

16 made available under this authority until funds appro17 priated to the ‘‘Emergency Forest Service Firefighting

18 Fund’’ shall have been exhausted.

19 The appropriation structure for the Forest Service

20 may not be altered without advanced approval of the

21 House and Senate Committees on Appropriations.

22 Funds appropriated to the Forest Service shall be

23 available for assistance to or through the Agency for Inter24 national Development and the Office of International Co25 operation and Development in connection with forest and
57

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1 rangeland research, technical information, and assistance

2 in foreign countries, and shall be available to support for3 estry and related natural resource activities outside the

4 United States and its territories and possessions, includ5 ing technical assistance, education and training, and co6 operation with United States and international organiza7 tions.

8 None of the funds made available to the Forest Serv9 ice under this Act shall be subject to transfer under the

10 provisions of section 702(b) of the Department of Agri11 culture Organic Act of 1944 (7 U.S.C. 2257) or 7 U.S.C.

12 147b unless the proposed transfer is approved in advance

13 by the House and Senate Committees on Appropriations

14 in compliance with the reprogramming procedures con15 tained in the report accompanying this Act.

16 No funds appropriated to the Forest Service shall be

17 transferred to the Working Capital Fund of the Depart18 ment of Agriculture without the approval of the Chief of

19 the Forest Service.

20 Notwithstanding any other provision of law, any ap21 propriations or funds available to the Forest Service may

22 be used to disseminate program information to private and

23 public individuals and organizations through the use of

24 nonmonetary items of nominal value and to provide

25 nonmonetary awards of nominal value and to incur nec-
58

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1 essary expenses for the nonmonetary recognition of private

2 individuals and organizations that make contributions to

3 Forest Service programs.

4 Notwithstanding any other provision of law, money

5 collected, in advance or otherwise, by the Forest Service

6 under authority of section 101 of Public Law 93–153 (30

7 U.S.C. 185(1)) as reimbursement of administrative and

8 other costs incurred in processing pipeline right-of-way or

9 permit applications and for costs incurred in monitoring

10 the construction, operation, maintenance, and termination

11 of any pipeline and related facilities, may be used to reim12 burse the applicable appropriation to which such costs

13 were originally charged.

14 Funds available to the Forest Service shall be avail15 able to conduct a program of not less than $1,000,000

16 for high priority projects within the scope of the approved

17 budget which shall be carried out by the Youth Conserva18 tion Corps as authorized by the Act of August 13, 1970,

19 as amended by Public Law 93–408.

20 None of the funds available in this Act shall be used

21 for timber sale preparation using clearcutting in hardwood

22 stands in excess of 25 percent of the fiscal year 1989 har23 vested volume in the Wayne National Forest, Ohio: Pro24 vided, That this limitation shall not apply to hardwood

25 stands damaged by natural disaster: Provided further,
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1 That landscape architects shall be used to maintain a vis2 ually pleasing forest.

3 Any money collected from the States for fire suppres4 sion assistance rendered by the Forest Service on non5 Federal lands not in the vicinity of National Forest Sys6 tem lands shall be used to reimburse the applicable appro7 priation and shall remain available until expended as the

8 Secretary may direct in conducting activities authorized

9 by 16 U.S.C. 2101 (note), 2101–2110, 1606, and 2111.

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

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

12 reception and representation expenses.

13 Notwithstanding any other provision of law, the For14 est Service is authorized to employ or otherwise contract

15 with persons at regular rates of pay, as determined by the

16 Service, to perform work occasioned by emergencies such

17 as fires, storms, floods, earthquakes or any other unavoid18 able cause without regard to Sundays, Federal holidays,

19 and the regular workweek.

20 None of the funds available in this Act shall be used

21 for preparation of timber sales using clearcutting or other

22 forms of even aged management in hardwood stands in

23 the Shawnee National Forest, Illinois.

24 To the greatest extent possible, and in accordance with

25 the Final Amendment to the Shawnee National Forest Plan,
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1 none of the funds available in this Act shall be used for

2 preparation of timber sales using clearcutting or other

3 forms of even aged management in hardwood stands in the

4 Shawnee National Forest, Illinois.

5 None of the funds made available in this Act shall

6 be used for timber sale planning or scoping using

7 clearcutting in the Ouachita and Ozark-St. Francis Na8 tional Forests in Arkansas, except for sales that are nec9 essary as a result of natural disaster or a threat to forest

10 health, or for maintaining or enhancing wildlife habitat,

11 or habitat for endangered and threatened species, or for

12 research purposes.

13 Pursuant to section 405(b), and section 410(b) of

14 Public Law 101–593, of the funds available to the Forest

15 Service, up to $1,000,000 for matching funds shall be

16 available for the National Forest Foundation.

17 Funds appropriated to the Forest Service shall be

18 available for interactions with and providing technical as19 sistance to rural communities for sustainable rural devel20 opment purposes.

21 The Secretary of Agriculture, acting through the Forest

22 Service, shall reimburse the Agricultural Stabilization and

23 Conservation Service for administrative costs incurred

24 under the Stewardship Incentive Program for the actual

25 cost of services provided by the Agricultural Stabilization
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1 and Conservation Service, except that the total costs shall

2 not exceed 10 percent of the total annual appropriation for

3 the program.

4 DEPARTMENT OF ENERGY

5 CLEAN COAL TECHNOLOGY

6 The first paragraph under this head in Public Law

7 101–512, as amended, is further amended by striking the

8 phrase ‘‘$100,000,000 on October 1, 1994, and

9 $50,000,000 on October 1, 1995’’ and inserting

10 ‘‘$18,000,000 on October 1, 1994, $100,000,000 on Octo11 ber 1, 1995, and $32,000,000 on October 1, 1996’’; and

12 by striking the phrase ‘‘$275,000,000 on October 1, 1994,

13 and $100,000,000 on October 1, 1995’’ and inserting

14 ‘‘$19,121,000 on October 1, 1994, $100,000,000 on Octo15 ber 1, 1995, and $255,879,000 on October 1, 1996’’: Pro16 vided, That not to exceed $18,000,000 available in fiscal

17 year 1995 may be used for administrative oversight of the

18 Clean Coal Technology program.

19 FOSSIL ENERGY RESEARCH AND DEVELOPMENT

20 (INCLUDING TRANSFER OF FUNDS)

21 For necessary expenses in carrying out fossil energy

22 research and development activities, under the authority

23 of the Department of Energy Organization Act (Public

24 Law 95–91), including the acquisition of interest, includ25 ing defeasible and equitable interests in any real property

26 or any facility or for plant or facility acquisition or expan-
62

HR 4602 RS

1 sion, $445,544,000 $436,451,000, to remain available until

2 expended, of which $17,000,000 shall be derived by trans3 fer of unobligated balances from the ‘‘SPR petroleum ac4 count’’: Provided, That no part of the sum herein made

5 available shall be used for the field testing of nuclear ex6 plosives in the recovery of oil and gas.

7 ALTERNATIVE FUELS PRODUCTION

8 (INCLUDING TRANSFER OF FUNDS)

9 Monies received as investment income on the prin10 cipal amount in the Great Plains Project Trust at the

11 Norwest Bank of North Dakota, in such sums as are

12 earned as of October 1, 1994, shall be deposited in this

13 account and immediately transferred to the General Fund

14 of the Treasury. Monies received as revenue sharing from

15 the operation of the Great Plains Gasification Plant shall

16 be immediately transferred to the General Fund of the

17 Treasury.

18 NAVAL PETROLEUM AND OIL SHALE RESERVES

19 For necessary expenses in carrying out naval petro20 leum and oil shale reserve activities, $193,956,000

21 $189,956,000, to remain available until expended: Pro22 vided, That the requirements of 10 U.S.C. 7430(b)(2)(B)

23 shall not apply in fiscal year 1995.

24 ENERGY CONSERVATION

25 For necessary expenses in carrying out energy con26 servation activities, $824,585,000 $743,741,000, to remain
63

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1 available until expended, including, notwithstanding any

2 other provision of law, the excess amount for fiscal year

3 1995 determined under the provisions of section 3003(d)

4 of Public Law 99–509 (15 U.S.C. 4502): Provided, That

5 $283,199,000 $265,024,000 shall be for use in energy con6 servation programs as defined in section 3008(3) of Public

7 Law 99–509 (15 U.S.C. 4507) and shall not be available

8 until excess amounts are determined under the provisions

9 of section 3003(d) of Public Law 99–509 (15 U.S.C.

10 4502): Provided further, That notwithstanding section

11 3003(d)(2) of Public Law 99–509 such sums shall be allo12 cated to the eligible programs as follows: $230,800,000

13 $212,800,000 for the weatherization assistance program,

14 $23,339,000 $23,164,000 for the State energy conserva15 tion program, and $29,060,000 for the institutional con16 servation program, which shall be reduced by their propor17 tionate share of the general reduction to be applied on a

18 pro rata basis against every program, project, and activity

19 within this account: Provided further, That funds provided

20 in this Act for the weatherization assistance program in

21 excess of $206,800,000 shall be distributed only according

22 to a new formula developed pursuant to Public Law 101–

23 440.

24 ECONOMIC REGULATION

25 For necessary expenses in carrying out the activities

26 of the Economic Regulatory Administration and the Office
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1 of Hearings and Appeals, $12,437,000, to remain avail2 able until expended.

3 EMERGENCY PREPAREDNESS

4 For necessary expenses in carrying out emergency

5 preparedness activities, $8,249,000, to remain available

6 until expended.

7 STRATEGIC PETROLEUM RESERVE

8 (INCLUDING TRANSFER OF FUNDS)

9 For necessary expenses for Strategic Petroleum Re10 serve facility development and operations and program

11 management activities pursuant to the Energy Policy and

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

13 et seq.), $244,011,000, to remain available until expended,

14 of which $90,764,000 shall be derived by transfer of unob15 ligated balances from the ‘‘SPR petroleum account’’: Pro16 vided, That appropriations herein made shall not be avail17 able for leasing of facilities for the storage of crude oil

18 for the Strategic Petroleum Reserve unless the quantity

19 of oil stored in or deliverable to Government-owned stor20 age facilities by virtue of contractual obligations is equal

21 to 700,000,000 barrels.

22 SPR PETROLEUM ACCOUNT

23 Notwithstanding 42 U.S.C. 6240(d) the United

24 States share of crude oil in Naval Petroleum Reserve

25 Numbered 1 (Elk Hills) may be sold or otherwise disposed

26 of to other than the Strategic Petroleum Reserve: Pro-
65

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1 vided, That outlays in fiscal year 1995 resulting from the

2 use of funds in this account shall not exceed $9,000,000.

3 ENERGY INFORMATION ADMINISTRATION

4 For necessary expenses in carrying out the activities

5 of the Energy Information Administration, $84,728,000

6 $84,507,000, to remain available until expended: Provided,

7 That, notwithstanding section 4(d) of the Service Contract

8 Act of 1965 (41 U.S.C. 353(d)) or any other provision

9 of law, funds appropriated under this heading may be used

10 to enter into a contract for end use consumption surveys

11 for a term not to exceed eight years.

12 ADMINISTRATIVE PROVISIONS, DEPARTMENT OF ENERGY

13 Appropriations under this Act for the current fiscal

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

15 hire, maintenance, and operation of aircraft; purchase, re16 pair, and cleaning of uniforms; and reimbursement to the

17 General Services Administration for security guard serv18 ices.

19 From appropriations under this Act, transfers of

20 sums may be made to other agencies of the Government

21 for the performance of work for which the appropriation

22 is made.

23 None of the funds made available to the Department

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

25 finance authorized price support or loan guarantee pro-
66

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1 grams unless specific provision is made for such programs

2 in an appropriations Act.

3 The Secretary is authorized to accept lands, build4 ings, equipment, and other contributions from public and

5 private sources and to prosecute projects in cooperation

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

7 Provided, That revenues and other moneys received by or

8 for the account of the Department of Energy or otherwise

9 generated by sale of products in connection with projects

10 of the Department appropriated under this Act may be

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

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

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

14 in appropriate cost-sharing contracts or agreements: Pro15 vided further, That the remainder of revenues after the

16 making of such payments shall be covered into the Treas17 ury as miscellaneous receipts: Provided further, That any

18 contract, agreement, or provision thereof entered into by

19 the Secretary pursuant to this authority shall not be exe20 cuted prior to the expiration of 30 calendar days (not in21 cluding any day in which either House of Congress is not

22 in session because of adjournment of more than three cal23 endar days to a day certain) from the receipt by the

24 Speaker of the House of Representatives and the Presi25 dent of the Senate of a full comprehensive report on such
67

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1 project, including the facts and circumstances relied upon

2 in support of the proposed project.

3 The Secretary of Energy may transfer to the Emer4 gency Preparedness appropriation such funds as are nec5 essary to meet any unforeseen emergency needs from any

6 funds available to the Department of Energy from this

7 Act.

8 No funds provided in this Act may be expended by

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

10 procurement documents for programs or projects for

11 which appropriations have not been made.

12 DEPARTMENT OF HEALTH AND HUMAN

13 SERVICES

14 INDIAN HEALTH SERVICE

15 INDIAN HEALTH SERVICES

16 For expenses necessary to carry out the Act of Au17 gust 5, 1954 (68 Stat. 674), the Indian Self-Determina18 tion Act, the Indian Health Care Improvement Act, and

19 titles III and XXVII and section 208 of the Public Health

20 Service Act with respect to the Indian Health Service,

21 $1,706,102,000 $1,715,052,000, together with payments

22 received during the fiscal year pursuant to 42 U.S.C.

23 300aaa–2 for services furnished by the Indian Health

24 Service: Provided, That funds made available to tribes and

25 tribal organizations through contracts, grant agreements,
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1 or any other agreements or compacts authorized by the

2 Indian Self-Determination and Education Assistance Act

3 of 1975 (88 Stat. 2203; 25 U.S.C. 450), shall be deemed

4 to be obligated at the time of the grant or contract award

5 and thereafter shall remain available to the tribe or tribal

6 organization without fiscal year limitation: Provided fur7 ther, That $12,000,000 shall remain available until ex8 pended, for the Indian Catastrophic Health Emergency

9 Fund: Provided further, That $351,258,000 for contract

10 medical care shall remain available for obligation until

11 September 30, 1996: Provided further, That of the funds

12 provided, not less than $11,603,000 shall be used to carry

13 out the loan repayment program under section 108 of the

14 Indian Health Care Improvement Act, as amended: Pro15 vided further, That funds provided in this Act may be used

16 for one-year contracts and grants which are to be per17 formed in two fiscal years, so long as the total obligation

18 is recorded in the year for which the funds are appro19 priated: Provided further, That the amounts collected by

20 the Secretary of Health and Human Services under the

21 authority of title IV of the Indian Health Care Improve22 ment Act shall be available for two fiscal years after the

23 fiscal year in which they were collected, for the purpose

24 of achieving compliance with the applicable conditions and

25 requirements of titles XVIII and XIX of the Social Secu-
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1 rity Act (exclusive of planning, design, or construction of

2 new facilities): Provided further, That of the funds pro3 vided, $7,500,000 shall remain available until expended,

4 for the Indian Self-Determination Fund, which shall be

5 available for the transitional costs of initial or expanded

6 tribal contracts, grants or cooperative agreements with the

7 Indian Health Service under the provisions of the Indian

8 Self-Determination Act: Provided further, That funding

9 contained herein, and in any earlier appropriations Acts

10 for scholarship programs under the Indian Health Care

11 Improvement Act (25 U.S.C. 1613) shall remain available

12 for obligation until September 30, 1996: Provided further,

13 That amounts received by tribes and tribal organizations

14 under title IV of the Indian Health Care Improvement

15 Act, as amended, shall be reported and accounted for and

16 available to the receiving tribes and tribal organizations

17 until expended.

18 INDIAN HEALTH FACILITIES

19 For construction, repair, maintenance, improvement,

20 and equipment of health and related auxiliary facilities,

21 including quarters for personnel; preparation of plans,

22 specifications, and drawings; acquisition of sites, purchase

23 and erection of modular buildings, and purchases of trail24 ers; and for provision of domestic and community sanita25 tion facilities for Indians, as authorized by section 7 of
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1 the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian

2 Self-Determination Act and the Indian Health Care Im3 provement Act, and for expenses necessary to carry out

4 the Act of August 5, 1954 (68 Stat. 674), the Indian Self5 Determination Act, the Indian Health Care Improvement

6 Act, and titles III and XXVII and section 208 of the Pub7 lic Health Service Act with respect to environmental

8 health and facilities support activities of the Indian Health

9 Service, $253,892,000 $253,767,000, to remain available

10 until expended: Provided, That notwithstanding any other

11 provision of law, funds appropriated for the planning, de12 sign, construction or renovation of health facilities for the

13 benefit of an Indian tribe or tribes may be used to pur14 chase land for sites to construct, improve, or enlarge

15 health or related facilities: Provided further, That notwith16 standing any other provision of law a single procurement

17 for the construction of the Fort Belknap, Montana health

18 center and satellite clinic and a single procurement for

19 construction of the White Earth, Minnesota health center

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

21 Provided further, That the solicitation and the contract

22 shall contain the clause ‘‘availability of funds’’ found at

23 48 CFR 52.232.18.
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1 ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE

2 Appropriations in this Act to the Indian Health Serv3 ice shall be available for services as authorized by 5 U.S.C.

4 3109 but at rates not to exceed the per diem rate equiva5 lent to the maximum rate payable for senior-level positions

6 under 5 U.S.C. 5376; hire of passenger motor vehicles and

7 aircraft; purchase of medical equipment; purchase of re8 prints; purchase, renovation and erection of modular

9 buildings and renovation of existing facilities; payments

10 for telephone service in private residences in the field,

11 when authorized under regulations approved by the Sec12 retary; and for uniforms or allowances therefor as author13 ized by law (5 U.S.C. 5901–5902); and for expenses of

14 attendance at meetings which are concerned with the func15 tions or activities for which the appropriation is made or

16 which will contribute to improved conduct, supervision, or

17 management of those functions or activities: Provided,

18 That in accordance with the provisions of the Indian

19 Health Care Improvement Act, non-Indian patients may

20 be extended health care at all tribally administered or In21 dian Health Service facilities, subject to charges, and the

22 proceeds along with funds recovered under the Federal

23 Medical Care Recovery Act (42 U.S.C. 2651–53) shall be

24 credited to the account of the facility providing the service

25 and shall be available without fiscal year limitation: Pro-
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1 vided further, That notwithstanding any other law or regu2 lation, funds transferred from the Department of Housing

3 and Urban Development to the Indian Health Service

4 shall be administered under Public Law 86–121 (the In5 dian Sanitation Facilities Act) and Public Law 93–638,

6 as amended: Provided further, That funds appropriated to

7 the Indian Health Service in this Act, except those used

8 for administrative and program direction purposes, shall

9 not be subject to limitations directed at curtailing Federal

10 travel and transportation: Provided further, That the In11 dian Health Service shall neither bill nor charge those In12 dians who may have the economic means to pay unless

13 and until such time as Congress has agreed upon a specific

14 policy to do so and has directed the Indian Health Service

15 to implement such a policy: Provided further, That, not16 withstanding any other provision of law, funds previously

17 or herein made available to a tribe or tribal organization

18 through a contract, grant or agreement authorized by

19 Title I of the Indian Self-Determination and Education

20 Assistance Act of 1975 (88 Stat. 2203; 25 U.S.C. 450),

21 may be deobligated and reobligated to a self-governance

22 funding agreement under Title III of the Indian Self-De23 termination and Education Assistance Act of 1975 and

24 thereafter shall remain available to the tribe or tribal orga25 nization without fiscal year limitation: Provided further,
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1 That none of the funds made available to the Indian

2 Health Service in this Act shall be used to implement the

3 final rule published in the Federal Register on September

4 16, 1987, by the Department of Health and Human Serv5 ices, relating to eligibility for the health care services of

6 the Indian Health Service until the Indian Health Service

7 has submitted a budget request reflecting the increased

8 costs associated with the proposed final rule, and such re9 quest has been included in an appropriations Act and en10 acted into law: Provided further, That funds made avail11 able in this Act are to be apportioned to the Indian Health

12 Service as appropriated in this Act, and accounted for in

13 the appropriation structure set forth in this Act: Provided

14 further, That the appropriation structure for the Indian

15 Health Service may not be altered without the advance

16 approval of the House and Senate Committees on Appro17 priations: Provided further, That in fiscal year 1995 and

18 thereafter (a) the Secretary may enter into personal serv19 ices contracts with entities, either individuals or organiza20 tions, for the provision of services in facilities owned, oper21 ated or constructed under the jurisdiction of the Indian

22 Health Service; (b) the Secretary may exempt such a con23 tract from competitive contracting requirements upon ade24 quate notice of contracting opportunities to individuals

25 and organizations residing in the geographic vicinity of the
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1 health facility; (c) consideration of individuals and organi2 zations shall be based solely on the qualifications estab3 lished for the contract and the proposed contract price;

4 and (d) individuals providing health care services pursuant

5 to these contracts are covered by the Federal Tort Claims

6 Act: Provided further, That notwithstanding any other pro7 vision of law, the Indian Health Service clinic in Stilwell,

8 Oklahoma shall be known and designated as the ‘‘Wilma

9 P. Mankiller Indian Health Clinic’’: Provided further, That

10 any reference in a law, regulation, document, record, map,

11 or other paper of the United States to the clinic referenced

12 in the preceding proviso shall be deemed to be a reference

13 to the ‘‘Wilma P. Mankiller Indian Health Clinic’’.

14 DEPARTMENT OF EDUCATION

15 OFFICE OF ELEMENTARY AND SECONDARY EDUCATION

16 INDIAN EDUCATION

17 For necessary expenses to carry out, to the extent

18 not otherwise provided, title VI of the Elementary and

19 Secondary Education Act of 1965, as amended by the Im20 proving America’s Schools Act as passed by the House of

21 Representatives on March 24, 1994, $83,500,000: Pro22 vided, That $1,735,000 available pursuant to section 6203

23 of the Act shall remain available for obligation until Sep24 tember 30, 1996.
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1 OTHER RELATED AGENCIES

2 OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION

3 SALARIES AND EXPENSES

4 For necessary expenses of the Office of Navajo and

5 Hopi Indian Relocation as authorized by Public Law 93–

6 531, $26,936,000 $24,936,000, to remain available until

7 expended: Provided, That funds provided in this or any

8 other appropriations Act are to be used to relocate eligible

9 individuals and groups including evictees from District 6,

10 Hopi-partitioned lands residents, those in significantly

11 substandard housing, and all others certified as eligible

12 and not included in the preceding categories: Provided fur13 ther, That none of the funds contained in this or any other

14 Act may be used by the Office of Navajo and Hopi Indian

15 Relocation to evict any single Navajo or Navajo family

16 who, as of November 30, 1985, was physically domiciled

17 on the lands partitioned to the Hopi Tribe unless a new

18 or replacement home is provided for such household: Pro19 vided further, That no relocatee will be provided with more

20 than one new or replacement home: Provided further, That

21 the Office shall relocate any certified eligible relocatees

22 who have selected and received an approved homesite on

23 the Navajo reservation or selected a replacement residence

24 off the Navajo reservation or on the land acquired pursu25 ant to 25 U.S.C. 640d–10.
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1 INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE

2 CULTURE AND ARTS DEVELOPMENT

3 PAYMENT TO THE INSTITUTE

4 For payment to the Institute of American Indian and

5 Alaska Native Culture and Arts Development, as author6 ized by Public Law 99–498, as amended (20 U.S.C. 56,

7 Part A), $12,713,000 $9,812,000: Provided, That notwith8 standing any other provision of law, the annual budget

9 proposal and justification for the Institute shall be submit10 ted to the Congress concurrently with the submission of

11 the President’s Budget to the Congress: Provided further,

12 That the Institute shall act as its own certifying officer.

13 SMITHSONIAN INSTITUTION

14 SALARIES AND EXPENSES

15 For necessary expenses of the Smithsonian Institu16 tion, as authorized by law, including research in the fields

17 of art, science, and history; development, preservation, and

18 documentation of the National Collections; presentation of

19 public exhibits and performances; collection, preparation,

20 dissemination, and exchange of information and publica21 tions; conduct of education, training, and museum assist22 ance programs; maintenance, alteration, operation, lease

23 (for terms not to exceed thirty years), and protection of

24 buildings, facilities, and approaches; not to exceed

25 $100,000 for services as authorized by 5 U.S.C. 3109; up
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1 to 5 replacement passenger vehicles; purchase, rental, re2 pair, and cleaning of uniforms for employees;

3 $314,454,000 $312,755,000, of which not to exceed

4 $32,000,000 for the instrumentation program, collections

5 acquisition, Museum Support Center equipment and move,

6 exhibition reinstallation, the National Museum of the

7 American Indian, the repatriation of skeletal remains pro8 gram, research equipment, information management, and

9 Latino programming shall remain available until expended

10 and, including such funds as may be necessary to support

11 American overseas research centers and a total of

12 $125,000 for the Council of American Overseas Research

13 Centers: Provided, That funds appropriated herein are

14 available for advance payments to independent contractors

15 performing research services or participating in official

16 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 $5,000,000 $3,050,000, to remain available until ex23 pended.

24 REPAIR AND RESTORATION OF BUILDINGS

25 For necessary expenses of repair and restoration of

26 buildings owned or occupied by the Smithsonian Institu-
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1 tion, by contract or otherwise, as authorized by section

2 2 of the Act of August 22, 1949 (63 Stat. 623), including

3 not to exceed $10,000 for services as authorized by 5

4 U.S.C. 3109, $24,000,000, to remain available until ex5 pended: Provided, That contracts awarded for environ6 mental systems, protection systems, and exterior repair or

7 restoration of buildings of the Smithsonian Institution

8 may be negotiated with selected contractors and awarded

9 on the basis of contractor qualifications as well as price.

10 CONSTRUCTION

11 For necessary expenses for construction,

12 $30,000,000 $29,300,000, to remain available until ex13 pended: Provided, That notwithstanding any other provi14 sion of law, a single procurement for the construction of

15 the National Museum of the American Indian Cultural Re16 sources Center may be issued which includes the full scope

17 of the project: Provided further, That the solicitation and

18 the contract shall contain the clause ‘‘availability of

19 funds’’ found at 48 CFR 52.232.18.

20 NATIONAL GALLERY OF ART

21 SALARIES AND EXPENSES

22 For the upkeep and operations of the National Gal23 lery of Art, the protection and care of the works of art

24 therein, and administrative expenses incident thereto, as

25 authorized by the Act of March 24, 1937 (50 Stat. 51),

26 as amended by the public resolution of April 13, 1939
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1 (Public Resolution 9, Seventy-sixth Congress), including

2 services as authorized by 5 U.S.C. 3109; payment in ad3 vance when authorized by the treasurer of the Gallery for

4 membership in library, museum, and art associations or

5 societies whose publications or services are available to

6 members only, or to members at a price lower than to the

7 general public; purchase, repair, and cleaning of uniforms

8 for guards, and uniforms, or allowances therefor, for other

9 employees as authorized by law (5 U.S.C. 5901–5902);

10 purchase or rental of devices and services for protecting

11 buildings and contents thereof, and maintenance, alter12 ation, improvement, and repair of buildings, approaches,

13 and grounds; purchase of one passenger motor vehicle for

14 replacement only; and purchase of services for restoration

15 and repair of works of art for the National Gallery of Art

16 by contracts made, without advertising, with individuals,

17 firms, or organizations at such rates or prices and under

18 such terms and conditions as the Gallery may deem prop19 er, $53,003,000, of which not to exceed $3,026,000 for

20 the special exhibition program shall remain available until

21 expended.

22 REPAIR, RESTORATION AND RENOVATION OF BUILDINGS

23 For necessary expenses of repair, restoration and

24 renovation of buildings, grounds and facilities owned or

25 occupied by the National Gallery of Art, by contract or

26 otherwise, as authorized $4,431,000, to remain available
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1 until expended: Provided, That contracts awarded for envi2 ronmental systems, protection systems, and exterior repair

3 or renovation of buildings of the National Gallery of Art

4 may be negotiated with selected contractors and awarded

5 on the basis of contractor qualifications as well as price.

6 JOHN F. KENNEDY CENTER FOR THE PERFORMING

7 ARTS

8 OPERATIONS AND MAINTENANCE

9 For necessary expenses for the operation, mainte10 nance and security of the John F. Kennedy Center for

11 the Performing Arts, $10,343,000.

12 CONSTRUCTION

13 For necessary expenses of capital repair and rehabili14 tation of the existing features of the building and site of

15 the John F. Kennedy Center for the Performing Arts,

16 $9,000,000, to remain available until expended.

17 WOODROW WILSON INTERNATIONAL CENTER FOR

18 SCHOLARS

19 SALARIES AND EXPENSES

20 For expenses necessary in carrying out the provisions

21 of the Woodrow Wilson Memorial Act of 1968 (82 Stat.

22 1356) including hire of passenger vehicles and services as

23 authorized by 5 U.S.C. 3109, $9,878,000.
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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 Humanities Act of 1965, as

7 amended, $141,950,000 $133,903,000 shall be available to

8 the National Endowment for the Arts for the support of

9 projects and productions in the arts through assistance to

10 groups and individuals pursuant to section 5(c) of the Act,

11 and for administering the functions of the Act, to remain

12 available until September 30, 1996.

13 MATCHING GRANTS

14 To carry out the provisions of section 10(a)(2) of the

15 National Foundation on the Arts and the Humanities Act

16 of 1965, as amended, $29,150,000 $27,693,000, to remain

17 available until September 30, 1996, to the National En18 dowment for the Arts, of which $12,750,000 $12,113,000

19 shall be available for purposes of section 5(l): Provided,

20 That this appropriation shall be available for obligation

21 only in such amounts as may be equal to the total amounts

22 of gifts, bequests, and devises of money, and other prop23 erty accepted by the Chairman or by grantees of the En24 dowment under the provisions of section 10(a)(2), sub25 sections 11(a)(2)(A) and 11(a)(3)(A) during the current
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1 and preceding fiscal years for which equal amounts have

2 not previously been appropriated.

3 REDUCTION OF FUNDING

4 Each amount appropriated or otherwise made avail5 able by this title for ‘‘National Endowment for the Arts’’

6 is hereby reduced by 2.0 percent.

7 NATIONAL ENDOWMENT FOR THE HUMANITIES

8 GRANTS AND ADMINISTRATION

9 For necessary expenses to carry out the National

10 Foundation on the Arts and the Humanities Act of 1965,

11 as amended, $151,420,000 shall be available to the Na12 tional Endowment for the Humanities for support of ac13 tivities in the humanities, pursuant to section 7(c) of the

14 Act, and for administering the functions of the Act, to

15 remain available until September 30, 1996.

16 MATCHING GRANTS

17 To carry out the provisions of section 10(a)(2) of the

18 National Foundation on the Arts and the Humanities Act

19 of 1965, as amended, $25,963,000, to remain available

20 until September 30, 1996, of which $14,000,000 shall be

21 available to the National Endowment for the Humanities

22 for the purposes of section 7(h): Provided, That this ap23 propriation shall be available for obligation only in such

24 amounts as may be equal to the total amounts of gifts,

25 bequests, and devises of money, and other property accept26 ed by the Chairman or by grantees of the Endowment
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1 under the provisions of subsections 11(a)(2)(B) and

2 11(a)(3)(B) during the current and preceding fiscal years

3 for which equal amounts have not previously been appro4 priated.

5 INSTITUTE OF MUSEUM SERVICES

6 GRANTS AND ADMINISTRATION

7 For carrying out title II of the Arts, Humanities, and

8 Cultural Affairs Act of 1976, as amended, $28,770,000.

9 ADMINISTRATIVE PROVISIONS

10 None of the funds appropriated to the National

11 Foundation on the Arts and the Humanities may be used

12 to process any grant or contract documents which do not

13 include the text of 18 U.S.C. 1913: Provided, That none

14 of the funds appropriated to the National Foundation on

15 the Arts and the Humanities may be used for official re16 ception and representation expenses.

17 COMMISSION OF FINE ARTS

18 SALARIES AND EXPENSES

19 For expenses made necessary by the Act establishing

20 a Commission of Fine Arts (40 U.S.C. 104), $834,000.

21 NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS

22 For necessary expenses as authorized by Public Law

23 99–190 (99 Stat. 1261; 20 U.S.C. 956(a)), as amended,

24 $7,500,000 $6,648,000.
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1 ADVISORY COUNCIL ON HISTORIC PRESERVATION

2 SALARIES AND EXPENSES

3 For expenses made necessary by the Act establishing

4 an Advisory Council on Historic Preservation, Public Law

5 89–665, as amended, $2,967,000 $2,947,000: Provided,

6 That none of these funds shall be available for the com7 pensation of Executive Level V or higher positions.

8 NATIONAL CAPITAL PLANNING COMMISSION

9 SALARIES AND EXPENSES

10 For necessary expenses, as authorized by the Na11 tional Capital Planning Act of 1952 (40 U.S.C. 71–71i),

12 including services as authorized by 5 U.S.C. 3109,

13 $5,655,000: Provided, That all appointed members will be

14 compensated at a rate equivalent to the rate for Executive

15 Schedule Level IV.

16 FRANKLIN DELANO ROOSEVELT MEMORIAL COMMISSION

17 SALARIES AND EXPENSES

18 For necessary expenses of the Franklin Delano Roo19 sevelt Memorial Commission, established by the Act of Au20 gust 11, 1955 (69 Stat. 694), as amended by Public Law

21 92–332 (86 Stat. 401), $48,000, to remain available until

22 September 30, 1996.
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1 PENNSYLVANIA AVENUE DEVELOPMENT CORPORATION

2 SALARIES AND EXPENSES

3 For necessary expenses, as authorized by section 17(a)

4 of Public Law 92–578, as amended, $2,738,000 for operat5 ing and administrative expenses of the Corporation.

6 PUBLIC DEVELOPMENT

7 For public development activities and projects in ac8 cordance with the development plan as authorized by sec9 tion 17(b) of Public Law 92–578, as amended,

10 $4,084,000, to remain available until expended.

11 UNITED STATES HOLOCAUST MEMORIAL COUNCIL

12 HOLOCAUST MEMORIAL COUNCIL

13 For expenses of the Holocaust Memorial Council, as

14 authorized by Public Law 96–388, as amended,

15 $26,660,000 $21,679,000; of which $2,700,000 shall be for

16 repair and rehabilitation projects and shall remain avail17 able until expended.

18 TITLE III—GENERAL PROVISIONS

19 SEC. 301. The expenditure of any appropriation

20 under this Act for any consulting service through procure21 ment contract, pursuant to 5 U.S.C. 3109, shall be limited

22 to those contracts where such expenditures are a matter

23 of public record and available for public inspection, except

24 where otherwise provided under existing law, or under ex25 isting Executive order issued pursuant to existing law.
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1 SEC. 302. No part of any appropriation under this

2 Act shall be available to the Secretary of the Interior or

3 the Secretary of Agriculture for the leasing of oil and nat4 ural gas by noncompetitive bidding on publicly owned

5 lands within the boundaries of the Shawnee National For6 est, Illinois: Provided, That nothing herein is intended to

7 inhibit or otherwise affect the sale, lease, or right to access

8 to minerals owned by private individuals.

9 SEC. 303. No part of any appropriation contained in

10 this Act shall be available for any activity or the publica11 tion or distribution of literature that in any way tends to

12 promote public support or opposition to any legislative

13 proposal on which congressional action is not complete.

14 SEC. 304. No part of any appropriation contained in

15 this Act shall remain available for obligation beyond the

16 current fiscal year unless expressly so provided herein.

17 SEC. 305. None of the funds provided in this Act to

18 any department or agency shall be obligated or expended

19 to provide a personal cook, chauffeur, or other personal

20 servants to any officer or employee of such department

21 or agency except as otherwise provided by law.

22 SEC. 306. No assessments may be levied against any

23 program, budget activity, subactivity, or project funded by

24 this Act unless notice of such assessments and the basis
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1 therefor are presented to the Committees on Appropria2 tions and are approved by such Committees.

3 SEC. 307. (a) COMPLIANCE WITH BUY AMERICAN

4 ACT.—None of the funds made available in this Act may

5 be expended by an entity unless the entity agrees that in

6 expending the funds the entity will comply with sections

7 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a–

8 10c; popularly known as the ‘‘Buy American Act’’).

9 (b) SENSE OF CONGRESS; REQUIREMENT REGARD10 ING NOTICE.—

11 (1) PURCHASE OF AMERICAN-MADE EQUIPMENT

12 AND PRODUCTS.—In the case of any equipment or

13 product that may be authorized to be purchased

14 with financial assistance provided using funds made

15 available in this Act, it is the sense of the Congress

16 that entities receiving the assistance should, in ex17 pending the assistance, purchase only American18 made equipment and products.

19 (2) NOTICE TO RECIPIENTS OF ASSISTANCE.—

20 In providing financial assistance using funds made

21 available in this Act, the head of each Federal agen22 cy shall provide to each recipient of the assistance

23 a notice describing the statement made in paragraph

24 (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. The Forest Service and Bureau of Land

14 Management may offer for sale salvageable timber in the

15 Pacific Northwest in fiscal year 1995: Provided, That for

16 public lands known to contain the Northern spotted owl,

17 such salvage sales may be offered as long as the offering

18 of such sale will not render the area unsuitable as habitat

19 for the Northern spotted owl: Provided further, That tim20 ber salvage activity in spotted owl habitat is to be done

21 in full compliance with all existing environmental and for22 est management laws.

23 SEC. 309. None of the funds in this Act may be used

24 to plan, prepare, or offer for sale timber from trees classi25 fied as giant sequoia (sequoiadendron giganteum) which
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1 are located on National Forest System or Bureau of Land

2 Management lands in a manner different than such sales

3 were conducted in fiscal year 1994.

4 SEC. 310. None of the funds appropriated in this Act

5 may be used to implement any increase in government

6 housing rental rates in excess of 10 per centum more than

7 the rental rates which were in effect on September 1,

8 1994, for such housing.

9 SEC. 311. None of the funds made available by this

10 Act may be obligated or expended by the National Park

11 Service to enter into or implement a concession contract

12 which permits or requires the removal of the underground

13 lunchroom at the Carlsbad Caverns National Park.

14 This Act may be cited as the ‘‘Department of the In15 terior and Related Agencies Appropriations Act, 1995’’.

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Calendar No. 498

103D CONGRESS

2D SESSION H. R. 4602

[Report No. 103–294]

AN ACT

Making appropriations for the Department of the

poses.ending September 30, 1995, and for other purInterior and related agencies for the fiscal year

JUNE 24 (legislative day, JUNE 7), 1994

Received; read twice and referred to the Committee on

Appropriations

JUNE 28 (legislative day, JUNE 7), 1994

Reported with amendments