In the Senate of the United States,

August 9 (legislative day, July 10), 1995.

Resolved, That the bill from the House of Representatives (H.R. 1977) entitled ‘‘An Act making appropriations for

the Department of the Interior and related agencies for the

fiscal year ending September 30, 1996, and for other purposes’’, do pass with the following

AMENDMENTS:

1 Ω1æPage 2, line 16, strike out ø$570,017,000¿ and in2 sert: $563,936,000

3 Ω2æPage 2, line 17, strike out all after ‘‘expended’’ down

4 to and including ‘‘Management’’ in line 22

5 Ω3æPage 3, line 9, strike out ø$570,017,000¿ and insert:

6 $563,936,000

7 Ω4æPage 3, line 21, strike out ø$235,924,000¿ and in8 sert: $240,159,000
2

HR 1977 EAS

1 Ω5æPage 5, line 9, strike out ø$2,515,000¿ and insert:

2 $2,615,000

3 Ω6æPage 5, line 14, strike out ø$111,409,000¿ and in4 sert: $100,000,000

5 Ω7æPage 5, line 20, strike out ø$8,500,000¿ and insert:

6 $10,550,000

7 Ω8æPage 6, line 6, strike out ø$91,387,000¿ and insert:

8 $95,364,000

9 Ω9æPage 9, line 24, strike out all after ‘‘93–408,’’ down

10 to and including ‘‘1997,’’ in line 25 and insert:

11 $501,478,000, to remain available for obligation until Sep12 tember 30, 1997, of which not less than $3,800,000 shall

13 be made available for prelisting activities, $18,297,000 shall

14 be made available for consultation activities, and

15 $36,500,000 shall be made available for recovery activities,

16 and

17 Ω10æPage 10, line 1, after ‘‘be’’ insert: available until

18 expended

19 Ω11æPage 10, line 12, after ‘‘1997’’ insert: : Provided

20 further, That no monies appropriated under this Act or any

21 other law shall be used to implement subsections (a), (b),

22 (c), (e), (g), or (i) of section 4 of the Endangered Species

23 Act of 1973, (16 U.S.C. 1533) until such time as legislation
3

HR 1977 EAS

1 reauthorizing the Act is enacted or until the end of fiscal

2 year 1996, whichever is earlier, except that monies appro3 priated under this Act may be used to delist or reclassify

4 species pursuant to subsections 4(a)(2)(B), 4(c)(2)(B)(i),

5 and 4(c)(2)(B)(ii) of the Act

6 Ω12æPage 10, line 18, strike out ø$26,355,000¿ and in7 sert: $38,775,000

8 Ω13æPage 11, line 3, strike out ø$6,019,000¿ and insert:

9 $4,000,000

10 Ω14æPage 11, line 18, strike out ø$14,100,000¿ and in11 sert: $32,031,000

12 Ω15æPage 12, line 14, strike out ø$4,500,000¿ and in13 sert: $6,750,000

14 Ω16æPage 13, line 5, strike out ø$998,000¿ and insert:

15 $800,000

16 Ω17æPage 13, line 6, strike out all after ‘‘pended’’ down

17 to and including ‘‘Act’’ in line 8

18 Ω18æPage 13, line 12, strike out ø54 passenger¿ and

19 insert: 113

20 Ω19æPage 13, line 12, strike out all after ‘‘vehicles’’

21 down to and including ‘‘use’’ in line 13
4

HR 1977 EAS

1 Ω20æPage 14, line 12, after ‘‘standards’’ insert: : Pro2 vided further, That the United States Fish and Wildlife

3 Service may accept donated aircraft as replacements for ex4 isting aircraft

5 Ω21æPage 14, line 20, strike out all after ‘‘103–551’’

6 over to and including ‘‘332’’ in line 2 on page 15

7 Ω22æPage 15, line 2, after ‘‘332’’ insert: : Provided fur8 ther, That notwithstanding the Emergency Wetlands Re9 sources Act of 1986 (16 U.S.C. 3911), amounts collected

10 from the sale of admissions permits and from fees collected

11 at units of the Fish and Wildlife Service for fiscal year 1996

12 shall be available for use by the Fish and Wildlife Service

13 pursuant to paragraph (c)(4) of section 315 of this Act

14 Ω23æPage 15, line 2, after ‘‘332’’ insert: : Provided fur15 ther, That with respect to lands leased for farming pursuant

16 to Public Law 88–567, none of the funds in this Act may

17 be used to develop, implement, or enforce regulations or

18 policies (including pesticide use proposals) related to the

19 use of chemicals and pest management that are more re20 strictive than the requirements of applicable State and Fed21 eral laws related to the use of chemicals and pest manage22 ment practices on non-Federal lands

23 Ω24æPage 15, after line 2 insert:
5

HR 1977 EAS

1 NATURAL RESOURCES SCIENCE AGENCY

2 RESEARCH, INVENTORIES, AND SURVEYS

3 For authorized expenses necessary for scientific re4 search relating to species biology, population dynamics,

5 and ecosystems; inventory and monitoring activities; tech6 nology development and transfer; the operation of Coopera7 tive Research Units; for the purchase of not to exceed 61

8 passenger motor vehicles, of which 55 are for replacement

9 only; and for the general administration of the National

10 Resources Science Agency, $145,965,000, of which

11 $145,915,000 shall remain available until September 30,

12 1997, and of which $50,000 shall remain available until

13 expended for construction: Provided, That none of the funds

14 under this head shall be used to conduct new surveys, in15 cluding new aerial surveys, on private property unless spe16 cifically authorized in writing by the property owner: Pro17 vided further, That none of the funds provided herein for

18 resource research may be used to administer a volunteer

19 program when it is made known to the Federal official hav20 ing authority to obligate or expend such funds that the vol21 unteers are not properly trained or that information gath22 ered by the volunteers is not carefully verified: Provided fur23 ther, That no later than April 1, 1996, the Assistant Sec24 retary for Water and Science shall issue agency guidelines

25 for resource research that ensure that scientific and tech-
6

HR 1977 EAS

1 nical peer review is used as fully as possible in selection

2 of projects for funding and ensure the validity and reliabil3 ity of research and data collection on Federal lands: Pro4 vided further, That no funds available for resource research

5 may be used for any activity that was not authorized prior

6 to the establishment of the National Biological Survey: Pro7 vided further, That once every five years the National Acad8 emy of Sciences shall review and report on the resource re9 search activities of the agency: Provided further, That if

10 specific authorizing legislation is enacted during or before

11 the start of fiscal year 1996, the agency should comply with

12 the provisions of that legislation.

13 Ω25æPage 15, line 16, strike out ø$1,088,249,000¿ and

14 insert: $1,092,265,000

15 Ω26æPage 15, line 20, strike out all after ‘‘100–203’’

16 down to and including ‘‘serve’’ in line 23

17 Ω27æPage 16, line 3, strike out ø$35,725,000¿ and in18 sert: $38,094,000

19 Ω28æPage 16, line 4, strike out ø$248,000¿ and insert:

20 $236,000

21 Ω29æPage 16, line 10, strike out ø$37,934,000¿ and in22 sert: $38,312,000
7

HR 1977 EAS

1 Ω30æPage 16, line 16, strike out ø$114,868,000¿ and

2 insert: $116,480,000

3 Ω31æPage 16, line 18, strike out ø$6,000,000¿ and in4 sert: $4,500,000

5 Ω32æPage 16, line 21, after ‘‘1989’’ insert: : Provided

6 further, That funds provided under this head, derived from

7 the Historic Preservation Fund, established by the Historic

8 Preservation Act of 1966 (80 Stat. 915), as amended (16

9 U.S.C. 470), may be available until expended to render sites

10 safe for visitors and for building stabilization

11 Ω33æPage 17, line 7, strike out ø$14,300,000¿ and in12 sert: $45,187,000

13 Ω34æPage 17, line 9, strike out all after ‘‘expended’’

14 down to and including ‘‘103–219’’ in line 11

15 Ω35æPage 17, line 12, after ‘‘program’’ insert: : Pro16 vided, That funds appropriated herein for the purpose of

17 acquisition of the Elwha and Glines dams shall be used sole18 ly for acquisition, and shall not be expended until the full

19 purchase amount has been appropriated by the Congress

20 Ω36æPage 17, line 24, after ‘‘Island’’ insert: until such

21 agreement has been submitted to the Congress and shall not

22 be implemented prior to the expiration of 30 calendar days

23 (not including any day in which either House of Congress
8

HR 1977 EAS

1 is not in session because of adjournment of more than three

2 calendar days to a day certain) from the receipt by the

3 Speaker of the House of Representatives and the President

4 of the Senate of a full and comprehensive report on the de5 velopment of the southern end of Ellis Island, including the

6 facts and circumstances relied upon in support of the pro7 posed project

8 Ω37æPage 17, after line 24, insert:

9 None of the funds in this Act may be spent by the Na10 tional Park Service for a United Nations Biodiversity Ini11 tiative in the United States.

12 Ω38æPage 17, after line 24, insert:

13 Notwithstanding other provision of law, the National

14 Park Service’s American Battlefield Protection Program

15 may enter into cooperative agreements, grants, contracts,

16 or other generally accepted means of financial assistance

17 with Federal, State, local, and tribal governments; other

18 public entities; educational institutions; and private, non19 profit organizations for the purpose of identifying, evaluat20 ing, and protecting historic battlefields and associated sites.

21 Ω39æPage 17, after line 24, insert:

22 The National Park Service shall, within existing

23 funds, conduct a Feasibility Study for a northern access

24 route into Denali National Park and preserve in Alaska,
9

HR 1977 EAS

1 to be completed within one year of the enactment of this

2 Act and submitted to the Senate Committee on Energy and

3 Natural Resources and the House Committee on Resources.

4 The Feasibility Study shall ensure that resource impacts

5 from any plan to create such access route are evaluated with

6 accurate information and according to a process that takes

7 into consideration park values, visitor needs, a full range

8 of alternatives, the viewpoints of all interested parties, in9 cluding the tourism industry and the State of Alaska, and

10 potential needs for compliance with the National Environ11 mental Policy Act. The Study shall also address the time

12 required for development of alternatives and identify all as13 sociated costs.

14 This Feasibility Study shall be conducted solely by Na15 tional Park Service planning personnel permanently as16 signed to National Park Service offices located in the State

17 of Alaska in consultation with the State of Alaska Depart18 ment of Transportation.

19 Ω40æPage 17, after line 24, insert:

20 Consistent with existing law and policy, the National

21 Park Service shall, within the funds provided by this Act,

22 at the request of the University of Alaska Fairbanks, enter

23 into negotiations regarding a memorandum of understand24 ing for the continued use of the Stampede Creek Mine prop25 erty consistent with the length and terms of prior memo-
10

HR 1977 EAS

1 randa of understanding between the National Park Service

2 and the University of Alaska Fairbanks: Provided, That

3 within the funds provided, the National Park Service shall

4 undertake an assessment of damage and provide the appro5 priate committees of the Senate and House of Representa6 tives, no later than May 1, 1996, cost estimates for the re7 construction of those facilities and equipment which were

8 damaged or destroyed as a result of the incident that oc9 curred on April 30, 1987 at Stampede Creek within the

10 boundaries of Denali National Park and Preserve: Provided

11 further, That the National Park Service shall work with the

12 University of Alaska Fairbanks to winterize equipment and

13 materials, located on the Stampede Creek mine property in

14 Denali National Park, exposed to the environment as a re15 sult of the April 30, 1987 incident.

16 Ω41æPage 18, line 13, strike out ø$686,944,000¿ and

17 insert: $577,503,000

18 Ω42æPage 18, line 15, strike out all after ‘‘investiga19 tions’’ down to and including ‘‘1997’’ in line 18

20 Ω43æPage 18, line 22, strike out all after ‘‘municipality’’

21 over to and including ‘‘1996’’ in line 10 on page 20

22 Ω44æPage 21, line 14, strike out ø$186,556,000¿ and

23 insert: $182,169,000
11

HR 1977 EAS

1 Ω45æPage 21, line 16, strike out ø$12,400,000¿ and in2 sert: $15,400,000

3 Ω46æPage 21, line 17, strike out øof¿ and insert: and

4 Related Activities of the

5 Ω47æPage 23, strike out all after line 13 down to and

6 including ‘‘$87,000,000’’ in line 15 and insert:

7 For expenses necessary for conducting inquiries, tech8 nological investigations, and research concerning the extrac9 tion, processing, use, and disposal of mineral substances

10 without objectionable social and environmental costs; to fos11 ter and encourage private enterprise in the development of

12 mineral resources and the prevention of waste in the min13 ing, minerals, metal, and mineral reclamation industries;

14 to inquire into the economic conditions affecting those in15 dustries; to promote health and safety in mines and the

16 mineral industry through research; and for other related

17 purposes as authorized by law, $128,007,000, of which

18 $111,192,000 shall remain available until expended: Pro19 vided, That none of the reduction below the fiscal year 1996

20 budget request shall be applied to the health and safety

21 budget activity

22 Ω48æPage 24, line 18, strike out ø$92,751,000¿ and in23 sert: $95,470,000
12

HR 1977 EAS

1 Ω49æPage 25, line 16, strike out ø$176,327,000¿ and

2 insert: $170,441,000

3 Ω50æPage 25, line 18, strike out all after ‘‘expended’’

4 down to and including ‘‘Initiative’’ in line 22

5 Ω51æPage 26, line 5, strike out all after ‘‘$11,000,000’’

6 down to and including ‘‘entities’’ in line 12

7 Ω52æPage 26, line 21, after ‘‘debts’’ insert: : Provided

8 further, That funds made available to States under title IV

9 of Public Law 95–87 may be used, at their discretion, for

10 any required non-Federal share of the cost of projects funded

11 by the Federal Government for the purpose of environ12 mental restoration related to treatment or abatement of acid

13 mine drainage from abandoned mines: Provided further,

14 That such projects must be consistent with the purposes and

15 priorities of the Surface Mining Control and Reclamation

16 Act

17 Ω53æPage 27, line 19, strike out ø$1,508,777,000 (plus

18 $851,000)¿ and insert: $1,261,234,000

19 Ω54æPage 27, line 19, after ‘‘which’’ insert: $962,000

20 shall be used for the continued operation of the Indian Arts

21 and Crafts Board and an amount

22 Ω55æPage 27, line 20, strike out ø$106,126,000¿ and

23 insert: $104,626,000
13

HR 1977 EAS

1 Ω56æPage 27, line 25, strike out ø$5,000,000¿ and in2 sert: up to $5,000,000

3 Ω57æPage 28, line 6, strike out ø$330,711,000¿ and in4 sert: $330,991,000

5 Ω58æPage 28, line 10, strike out ø$67,138,000¿ and in6 sert: $69,477,000

7 Ω59æPage 28, line 12, strike out øJohnson O’Malley

8 Act¿ and insert: Act of April 16, 1934 (48 Stat. 596), as

9 amended (25 U.S.C. 452 et seq.),

10 Ω60æPage 28, line 14, strike out ø$74,814,000¿ and in11 sert: $62,328,000

12 Ω61æPage 28, line 15, strike out øtrust funds manage13 ment,¿

14 Ω62æPage 29, line 4, strike out all after ‘‘grantee’’ down

15 to and including ‘‘loss’’ in line 11

16 Ω63æPage 31, line 12, after ‘‘area’’ insert: : Provided fur17 ther, That of the funds available only through September

18 30, 1995, not to exceed $8,000,000 in unobligated and unex19 pended balances in the Operation of Indian Programs ac20 count shall be merged with and made a part of the fiscal

21 year 1996 Operation of Indian Programs appropriation,

22 and shall remain available for obligation for employee sev-
14

HR 1977 EAS

1 erance, relocation, and related expenses, until March 31,

2 1996

3 Ω64æPage 31, line 18, strike out ø$98,033,000¿ and in4 sert: $107,333,000

5 Ω65æPage 33, line 9, strike out ø$75,145,000¿ and in6 sert: $82,745,000

7 Ω66æPage 33, line 10, strike out ø$73,100,000¿ and in8 sert: $78,600,000

9 Ω67æPage 33, line 20, strike out ø$1,000,000¿ and in10 sert: $3,100,000

11 Ω68æPage 34, after line 6, insert:

12 TECHNICAL ASSISTANCE OF INDIAN ENTERPRISES

13 For payment of management and technical assistance

14 requests associated with loans and grants approved under

15 the Indian Financing Act of 1974, as amended, $900,000.

16 Ω69æPage 34, after line 6, insert:

17 INDIAN GUARANTEED LOAN PROGRAM ACCOUNT

18 For the cost of guaranteed loans $7,000,000, as author19 ized by the Indian Financing Act of 1974, as amended: Pro20 vided, That such costs, including the cost of modifying such

21 loans, shall be as defined in section 502 of the Congressional

22 Budget Act of 1974, as amended: Provided further, That

23 these funds are available to subsidize total loan principal,
15

HR 1977 EAS

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

2 $50,680,000.

3 In addition, for administrative expenses necessary to

4 carry out the guaranteed loan program, $700,000.

5 Ω70æPage 34, strike out all after line 15 down to and

6 including ‘‘research’’ in line 17 and insert: $68,188,000,

7 of which (1) $64,661,000 shall be available until expended

8 for technical assistance, including maintenance assistance,

9 disaster assistance, insular management controls, and

10 brown tree snake control and research

11 Ω71æPage 34, line 26, after ‘‘272)’’ insert: ; and (2)

12 $3,527,000 shall be available for salaries and expenses of

13 the Office of Insular Affairs

14 Ω72æPage 35, line 13, after ‘‘funding’’ insert: : Provided

15 further, That of the amounts provided for technical assist16 ance, sufficient funding shall be made available for a grant

17 to the Close Up Foundation: Provided further, That the

18 funds for the program of operations and maintenance im19 provement are appropriated to institutionalize routine op20 erations and maintenance of capital infrastructure in

21 American Samoa, Guam, the Virgin Islands, the Common22 wealth of the Northern Mariana Islands, the Republic of

23 Palau, the Republic of the Marshall Islands, and the Fed24 erated States of Micronesia through assessments of long-
16

HR 1977 EAS

1 range operations and maintenance needs, improved capa2 bility of local operations and maintenance institutions and

3 agencies (including management and vocational education

4 training), and project-specific maintenance (with terri5 torial participation and cost sharing to be determined by

6 the Secretary based on the individual territory’s commit7 ment to timely maintenance of its capital assets): Provided

8 further, That any appropriation for disaster assistance

9 under this head in this Act or previous appropriations Acts

10 may be used as non-Federal matching funds for the purpose

11 of hazard mitigation grants provided pursuant to section

12 404 of the Robert T. Stafford Disaster Relief and Emer13 gency Assistance Act (42 U.S.C. 5170c)

14 Ω73æPage 35, line 23, strike out all after ‘‘99–658’’

15 down to and including ‘‘99–239’’ in line 25

16 Ω74æPage 36, strike out line 8 and insert:

17 DEPARTMENTAL MANAGEMENT

18 Ω75æPage 36, line 10, strike out øof the Office of the

19 Secretary¿ and insert: for management of the Department

20 Ω76æPage 36, line 11, strike out ø$53,919,000¿ and in21 sert: $57,796,000

22 Ω77æPage 36, line 13, after ‘‘expenses’’ insert: : Pro23 vided, That none of the funds provided herein for official
17

HR 1977 EAS

1 reception and representation expenses shall be available

2 until the Charter for the Advisory Commission referred to

3 in title 30 of Public Law 102–575 has been filed and the

4 Members of such Commission appointed

5 Ω78æPage 36, after line 21, insert:

6 CONSTRUCTION MANAGEMENT

7 SALARIES AND EXPENSES

8 For necessary expenses of the Office of Construction

9 Management, $500,000.

10 Ω79æPage 37, line 5, after ‘‘$1,000,000’’ insert: : Pro11 vided, That on October 1, 1995, the Chairman shall submit

12 to the Secretary a report detailing those Indian tribes or

13 tribal organizations with gaming operations that are in full

14 compliance, partial compliance, or non-compliance with the

15 provisions of the Indian Gaming Regulatory Act (25 U.S.C.

16 2701, et seq.): Provided further, That the information con17 tained in the report shall be updated on a continuing basis

18 Ω80æPage 37, after line 5, insert:

19 OFFICE OF SPECIAL TRUSTEE FOR AMERICAN INDIANS

20 FEDERAL TRUST PROGRAMS

21 For operation of trust programs for Indians by direct

22 expenditure, contracts, cooperative agreements, compacts,

23 and grants, $16,338,000, of which $15,891,000 shall remain

24 available until expended for trust funds management: Pro-
18

HR 1977 EAS

1 vided, That funds made available to tribes and tribal orga2 nizations through contracts or grants obligated during fis3 cal year 1996, as authorized by the Indian Self-Determina4 tion Act of 1975 (88 Stat. 2203; 25 U.S.C. 450 et seq.),

5 shall remain available until expended by the contractor or

6 grantee: Provided further, That notwithstanding any other

7 provision of law, the statute of limitations shall not com8 mence to run on any claim, including any claim in litiga9 tion pending on the date of this Act, concerning losses to

10 or mismanagement of trust funds, until the affected tribe

11 or individual Indian has been furnished with the account12 ing of such funds from which the beneficiary can determine

13 whether there has been a loss: Provided further, That obli14 gated and unobligated balances provided for trust funds

15 management within ‘‘Operation of Indian programs,’’ Bu16 reau of Indian Affairs are hereby transferred to and merged

17 with this appropriation.

18 Ω81æPage 37, line 16, strike out øthe ‘‘Office of the Sec19 retary’’¿ and insert: ‘‘Departmental Management’’

20 Ω82æPage 38, line 10, strike out ømust,¿ and insert:

21 must

22 Ω83æPage 41, strike out lines 14 through 23

23 Ω84æPage 41, strike out all after line 23, over to and

24 including line 3 on page 42
19

HR 1977 EAS

1 Ω85æPage 42, strike out lines 4 and 5

2 Ω86æPage 43, after line 12 insert:

3 SEC. 115. (a) Of the funds appropriated by this Act

4 or any subsequent Act providing for appropriations in fis5 cal years 1996 and 1997, not more than 50 percent of any

6 self-governance funds that would otherwise be allocated to

7 each Indian tribe in the State of Washington shall actually

8 be paid to or on account of such Indian tribe from and

9 after the time at which such tribe shall—

10 (1) take unilateral action that adversely impacts

11 the existing rights to and/or customary uses of,

12 nontribal member owners of fee simple land within

13 the exterior boundary of the tribe’s reservation to

14 water, electricity, or any other similar utility or ne15 cessity for the nontribal members’ residential use of

16 such land; or

17 (2) restrict or threaten to restrict said owners

18 use of or access to publicly maintained rights of way

19 necessary or desirable in carrying the utilities or ne20 cessities described above, or

21 (3) fail to reach a mutual agreement that ad22 dresses the concerns of affected parties within 90 days

23 after the date of enactment of this Act.

24 (b) Such penalty shall not attach to the initiation of

25 any legal actions with respect to such rights or the enforce-
20

HR 1977 EAS

1 ment of any final judgments, appeals from which have been

2 exhausted, with respect thereto.

3 Ω87æPage 43, after line 12 insert:

4 SEC. 116. Within 30 days after the enactment of this

5 Act, the Department of the Interior shall issue a specific

6 schedule for the completion of the Lake Cushman Land Ex7 change Act (Public Law 102–436) and shall complete the

8 exchange not later than September 30, 1996.

9 Ω88æPage 43, after line 12 insert:

10 SEC. 117. Notwithstanding Public Law 90–544, as

11 amended, the National Park Service is authorized to expend

12 appropriated funds for maintenance and repair of the Com13 pany Creek Road in the Lake Chelan National Recreation

14 Area: Provided, That appropriated funds shall not be ex15 pended for the purpose of improving the property of private

16 individuals unless specifically authorized by law.

17 Ω89æPage 43, after line 12 insert:

18 SEC. 118. INSULAR DEVELOPMENT.—

19 Section 1. Territorial and Freely Associated State

20 Infrastructure Assistance

21 Section 4(b) of Public Law 94–241 (90 Stat. 263) as

22 added by section 10 of Public Law 99–396 (99 Stat. 837,

23 841) is amended by deleting ‘‘until Congress otherwise pro24 vides by law.’’ and inserting in lieu thereof: ‘‘except that,
21

HR 1977 EAS

1 for fiscal years 1996 and thereafter, payments to the Com2 monwealth of the Northern Mariana Islands pursuant to

3 the multi-year funding agreements contemplated under the

4 Covenant shall be limited to the amounts set forth in the

5 Agreement of the Special Representatives on Future Federal

6 Financial Assistance of the Northern Mariana Islands, exe7 cuted on December 17, 1992 between the special representa8 tive of the President of the United States and special rep9 resentatives of the Governor of the Northern Mariana Is10 lands and shall be subject to all the requirements of such

11 Agreement with any additional amounts otherwise made

12 available under this section in any fiscal year and not re13 quired to meet the schedule of payments set forth in the

14 Agreement to be provided as set forth in subsection (c) until

15 Congress otherwise provides by law.

16 ‘‘(c) The additional amounts referred to in subsection

17 (b) shall be made available to the Secretary for obligation

18 as follows:

19 ‘‘(1) for fiscal year 1996, all such amounts shall

20 be provided for capital infrastructure projects in

21 American Samoa; and

22 ‘‘(2) for fiscal years 1997 and thereafter, all such

23 amounts shall be available solely for capital infra24 structure projects in Guam, the Virgin Islands, Amer25 ican Samoa, the Commonwealth of the Northern Mar-
22

HR 1977 EAS

1 iana Islands, the Republic of Palau, the Federated

2 States of Micronesia and the Republic of the Marshall

3 Islands: Provided, That, in fiscal year 1997,

4 $3,000,000 of such amounts shall be made available

5 to the College of the Northern Marianas and begin6 ning in fiscal year 1997, and in each year thereafter,

7 not to exceed $3,000,000 may be allocated, as pro8 vided in Appropriation Acts, to the Secretary of the

9 Interior for use by Federal agencies or the Common10 wealth of the Northern Mariana Islands to address

11 immigration, labor, and law enforcement issues in the

12 Northern Mariana Islands, including, but not limited

13 to detention and corrections needs. The specific

14 projects to be funded shall be set forth in a five-year

15 plan for infrastructure assistance developed by the

16 Secretary of the Interior in consultation with each of

17 the island governments and updated annually and

18 submitted to the Congress concurrent with the budget

19 justifications for the Department of the Interior. In

20 developing and updating the five year plan for cap21 ital infrastructure needs, the Secretary shall indicate

22 the highest priority projects, consider the extent to

23 which particular projects are part of an overall mas24 ter plan, whether such project has been reviewed by

25 the Corps of Engineers and any recommendations
23

HR 1977 EAS

1 made as a result of such review, the extent to which

2 a set-aside for maintenance would enhance the life of

3 the project, the degree to which a local cost-share re4 quirement would be consistent with local economic

5 and fiscal capabilities, and may propose an incre6 mental set-aside, not to exceed $2,000,000 per year, to

7 remain available without fiscal year limitation, as an

8 emergency fund in the event of natural or other disas9 ters to supplement other assistance in the repair, re10 placement, or hardening of essential facilities: Pro11 vided further, That the cumulative amount set aside

12 for such emergency fund may not exceed $10,000,000

13 at any time.

14 ‘‘(d) Within the amounts allocated for infrastructure

15 pursuant to this section, and subject to the specific alloca16 tions made in subsection (c), additional contributions may

17 be made, as set forth in Appropriation Acts, to assist in

18 the resettlement of Rongelap Atoll: Provided, That the total

19 of all contributions from any Federal source after January

20 1, 1996 may not exceed $32,000,000 and shall be contingent

21 upon an agreement, satisfactory to the President, that such

22 contributions are a full and final settlement of all obliga23 tions of the United States to assist in the resettlement of

24 Rongelap Atoll and that such funds will be expended solely

25 on resettlement activities and will be property audited and
24

HR 1977 EAS

1 accounted for. In order to provide such contributions in a

2 timely manner, each Federal agency providing assistance

3 or services, or conducting activities, in the Republic of the

4 Marshall Islands, is authorized to make funds available,

5 through the Secretary of the Interior, to assist in the reset6 tlement of Rongelap. Nothing in this subsection shall be con7 strued to limit the provision of ex gratia assistance pursu8 ant to section 105(c)(2) of the Compact of Free Association

9 Act of 1985 (Public Law 99–239, 99 Stat. 1770, 1792) in10 cluding for individuals choosing not to resettle at Rongelap,

11 except that no such assistance for such individuals may be

12 provided until the Secretary notifies the Congress that the

13 full amount of all funds necessary for resettlement at

14 Rongelap has been provided.’’.

15 Sec. 2. Federal Minimum Wage

16 Effective thirty days after the date of enactment of this

17 Act, the minimum wage provisions, including, but not lim18 ited to, the coverage and exemptions provisions, of section

19 6 of the Fair Labor Standards Act of June 25, 1938 (52

20 Stat. 1062), as amended, shall apply to the Commonwealth

21 of the Northern Mariana Islands, except—

22 (a) on the effective date, the minimum wage rate

23 applicable to the Commonwealth of the Northern Mar24 iana Islands shall be $2.75 per hour;
25

HR 1977 EAS

1 (b) effective January 1, 1996, the minimum

2 wage rate applicable to the Commonwealth of the

3 Northern Mariana Islands shall be $3.05 per hour;

4 (c) effective January 1, 1997 and every January

5 1 thereafter, the minimum wage rate shall be raised

6 by thirty cents per hour or the amount necessary to

7 raise the minimum wage rate to the wage rate set

8 forth in section 6(a)(1) of the Fair Labor Standards

9 Act, whichever is less; and

10 (d) once the minimum wage rate is equal to the

11 wage rate set forth in section 6(a)(1) of the Fair

12 Labor Standards Act, the minimum wage rate appli13 cable to the Commonwealth of the Northern Mariana

14 Islands shall thereafter be the wage rate set forth in

15 section 6(a)(1) of the Fair Labor Standards Act.

16 Sec. 3. Report

17 The Secretary of the Interior, in consultation with the

18 Attorney General and Secretaries of Treasury, Labor, and

19 State, shall report to the Congress by the March 15 follow20 ing each fiscal year for which funds are allocated pursuant

21 to section 4(c) of Public Law 94–241 for use by Federal

22 agencies or the Commonwealth to address immigration,

23 labor or law enforcement activities. The report shall include

24 but not be limited to—
26

HR 1977 EAS

1 (1) pertinent immigration information provided

2 by the Immigration and Naturalization Service, in3 cluding the number of non-United States citizen con4 tract workers in the CNMI, based on data the Immi5 gration and Naturalization Service may require of

6 the Commonwealth of the Northern Mariana Islands

7 on a semiannual basis, or more often if deemed nec8 essary by the Immigration and Naturalization Serv9 ice.

10 (2) the treatment and conditions of non-United

11 States citizen contract workers, including foreign gov12 ernment interference with workers’ ability to assert

13 their rights under United States law.

14 (3) the effect of laws of the Northern Mariana Is15 lands on Federal interests.

16 (4) the adequacy of detention facilities in the

17 Northern Mariana Islands.

18 (5) the accuracy and reliability of the computer19 ized alien identification and tracking system and its

20 compatibility with the system of the Immigration and

21 Naturalization Service, and

22 (6) the reasons why Federal agencies are unable

23 or unwilling to fully and effectively enforce Federal

24 laws applicable within the Commonwealth of the
27

HR 1977 EAS

1 Northern Mariana Islands unless such activities are

2 funded by the Secretary of the Interior.

3 Sec. 4. Immigration Cooperation

4 The Commonwealth of the Northern Mariana Islands

5 and the Immigration and Naturalization Service shall co6 operate in the identification and, if necessary, exclusion or

7 deportation from the Commonwealth of the Northern Mari8 ana Islands of persons who represent security or law en9 forcement risks to the Commonwealth of the Northern Mari10 ana Islands or the United States.

11 Sec. 5. Clarification of Local Employment in the

12 Marianas

13 (a) Section 8103(i) of title 46 of the United States

14 Code is amended by renumbering paragraph (3) as para15 graph (4) and by adding a new paragraph (3) as follows:

16 ‘‘(3) Notwithstanding any other provision of this sub17 section, any alien allowed to be employed under the immi18 gration laws of the Commonwealth of the Northern Mariana

19 Islands (CNMI) may serve as an unlicensed seaman on a

20 fishing, fish processing, or fish tender vessel that is operated

21 exclusively from a port within the CNMI and within the

22 navigable waters and exclusive economic zone of the United

23 States surrounding the CNMI. Pursuant to 46 U.S.C. 8704,

24 such persons are deemed to be employed in the United

25 States and are considered to have the permission of the At-
28

HR 1977 EAS

1 torney General of the United States to accept such employ2 ment: Provided, That paragraph (2) of this subsection shall

3 not apply to persons allowed to be employed under this

4 paragraph.’’.

5 (b) Section 8103(i)(1) of title 46 of the United States

6 Code is amended by deleting ‘‘paragraph (3) of this sub7 section’’ and inserting in lieu thereof ‘‘paragraph (4) of this

8 subsection’’.

9 Sec. 6. Clarification of Ownership of Submerged Lands in

10 the Commonwealth of the Northern Mariana Islands

11 Public Law 93–435 (88 Stat 1210), as amended, is

12 further amended by—

13 (a) striking ‘‘Guam, the Virgin Islands’’ in sec14 tion 1 and inserting in lieu thereof ‘‘Guam, the Com15 monwealth of the Northern Mariana Islands, the Vir16 gin Islands’’ each place the words appear;

17 (b) striking ‘‘Guam, American Samoa’’ in sec18 tion 2 and inserting in lieu thereof ‘‘Guam, the Com19 monwealth of the Northern Mariana Islands, Amer20 ican Samoa’’; and

21 (c) striking ‘‘Guam, the Virgin Islands’’ in sec22 tion 2 and inserting in lieu thereof ‘‘Guam, the Com23 monwealth of the Northern Mariana Islands, the Vir24 gin Islands.’’.
29

HR 1977 EAS

1 With respect to the Commonwealth of the Northern

2 Mariana Islands, references to ‘‘the date of enactment of this

3 Act’’ or ‘‘date of enactment of this subsection’’ contained

4 in Public Law 93–435, as amended, shall mean the date

5 of enactment of this section.

6 Sec. 7. Annual State of the Islands Report

7 The Secretary of the Interior shall submit to the Con8 gress, annually, a ‘‘State of the Islands’’ report on Amer9 ican Samoa, Guam, the United States Virgin Islands, the

10 Commonwealth of the Northern Mariana Islands, the Re11 public of Palau, the Republic of the Marshall Islands, and

12 the Federated States of Micronesia that includes basic eco13 nomic development information, data on direct and indi14 rect Federal assistance, local revenues and expenditures,

15 employment and unemployment, the adequacy of essential

16 infrastructure and maintenance thereof, and an assessment

17 of local financial management and administrative capabili18 ties, and Federal efforts to improve those capabilities.

19 Sec. 8. Technical correction

20 Section 501 of Public Law 95–134 (91 Stat. 1159,

21 1164), as amended, is further amended by deleting ‘‘the

22 Trust Territory of the Pacific Islands,’’ and inserting in

23 lieu thereof ‘‘the Republic of Palau, the Republic of the Mar24 shall Islands, the Federated States of Micronesia,’’.
30

HR 1977 EAS

1 Ω90æPage 43, line 18, strike out ø$182,000,000¿ and

2 insert: $177,000,000

3 Ω91æPage 44, line 1, strike out all after ‘‘activities,’’

4 down to and including ‘‘law’’ in line 2 and insert:

5 $136,794,000, to remain available until expended, as au6 thorized by law, of which not less than $16,100,000 shall

7 be made available for cooperative lands fire management

8 and not less than $7,500,000 shall be made available for

9 the stewardship incentive program

10 Ω92æPage 44, line 12, strike out ø$1,266,688,000¿ and

11 insert: $1,247,543,000

12 Ω93æPage 45, strike out line 3 and insert:

13 WILDLAND FIRE MANAGEMENT

14 Ω94æPage 45, line 9, strike out ø$385,485,000¿ and in15 sert: $381,485,000

16 Ω95æPage 45, line 19, strike out ø$120,000,000¿ and

17 insert: $186,888,000

18 Ω96æPage 46, line 4, after ‘‘purchasers’’ insert: : Pro19 vided further, That $2,500,000 of the funds appropriated

20 herein shall be available for a grant to the ‘‘Non-Profit Citi21 zens for the Columbia Gorge Discovery Center’’ for the con22 struction of the Columbia Gorge Discovery Center: Provided

23 further, That the Forest Service is authorized to grant the
31

HR 1977 EAS

1 unobligated balance of funds appropriated in fiscal year

2 1995 for the construction of the Columbia Gorge Discovery

3 Center to the ‘‘Non-Profit Citizens for the Columbia Gorge

4 Discovery Center’’ to be used for the same purpose: Provided

5 further, That the Forest Service is authorized to convey the

6 land needed for the construction of the Columbia Gorge Dis7 covery Center without cost to the ‘‘Non-Profit Citizens for

8 the Columbia Gorge Discovery Center’’

9 Ω97æPage 46, line 4, after ‘‘purchasers’’ insert: : Pro10 vided further, That notwithstanding any other provision of

11 law, funds originally appropriated under this head in Pub12 lic Law 101–512 for the Forest Service share of a new re13 search facility at the University of Missouri, Columbia,

14 shall be available for a grant to the University of Missouri,

15 as the Federal share in the construction of the new facility:

16 Provided further, That agreed upon lease of space in the

17 new facility shall be provided to the Forest Service without

18 charge for the life of the building

19 Ω98æPage 46, line 11, strike out ø$14,600,000¿ and in20 sert: $41,167,000

21 Ω99æPage 46, line 13, after ‘‘expended’’ insert: , of which

22 $275,000 may be made available from the cash equalization

23 account for the acquisition of Mt. Jumbo in the Lolo Na24 tional Forest, Montana
32

HR 1977 EAS

1 Ω100æPage 46, line 13, after ‘‘expended’’ insert: : Pro2 vided, That of the amounts made available for acquisition

3 management, $1,000,000 may be made available for the

4 purchase of subsurface rights in the Kane Experiment For5 est

6 Ω101æPage 48, line 22, after ‘‘Agriculture,’’ insert: or

7 to implement any reorganization, ‘‘reinvention’’ or other

8 type of organizational restructuring of the Forest Service,

9 Ω102æPage 48, line 24, after ‘‘Forestry’’ insert: and the

10 Committee on Energy and Natural Resources

11 Ω103æPage 49, line 1, after ‘‘Agriculture’’ insert: and the

12 Committee on Resources

13 Ω104æPage 49, after line 10, insert:

14 The appropriation structure for the Forest Service

15 may not be altered without advance approval of the House

16 and Senate Committee on Appropriations.

17 Ω105æPage 52, strike out all after line 20, over to and

18 including line 8 on page 53

19 Ω106æPage 53, strike out lines 9 through 12

20 Ω107æPage 53, after line 12, insert:
33

HR 1977 EAS

1 None of the funds provided by this Act shall be used

2 to revise or implement a new Tongass Land Management

3 Plan (TLMP).

4 Ω108æPage 53, after line 12, insert:

5 None of the funds provided in this or any other appro6 priations Act may be used on the Tongass National Forest

7 except in compliance with Alternative P, identified in the

8 Tongass Land Management Plan Revision Supplement to

9 the Draft Environmental Impact Statement dated August

10 1991.

11 Ω109æPage 53, after line 12, insert:

12 None of the funds appropriated under this Act for the

13 Forest Service shall be made available for the purpose of

14 applying paint to rocks, or rock colorization: Provided,

15 That notwithstanding any other provision of law, the Forest

16 Service shall not require of any individual or entity, as

17 part of any permitting process under its authority, or as

18 a requirement of compliance with the National Environ19 mental Policy Act of 1969 (42 U.S.C. 4231 et seq.), the

20 painting or colorization of rocks.

21 Ω110æPage 53, line 21, strike out ø$379,524,000¿ and

22 insert: $376,181,000

23 Ω111æPage 53, line 24, after ‘‘gas’’ insert: : Provided

24 further, That any new project start funded under this head-
34

HR 1977 EAS

1 ing shall be substantially cost-shared with a private entity

2 to the extent determined appropriate by the Secretary of

3 Energy

4 Ω112æPage 54, line 14, strike out ø$151,028,000¿ and

5 insert: $136,028,000

6 Ω113æPage 54, line 17, after ‘‘1996’’ insert: : Provided

7 further, That section 501 of Public Law 101–45 is hereby

8 repealed

9 Ω114æPage 54, line 20, strike out ø$556,371,000¿ and

10 insert: $576,976,000

11 Ω115æPage 55, line 2, strike out ø$148,946,000¿ and

12 insert: $168,946,000

13 Ω116æPage 55, line 9, strike out ø$110,946,000¿ and

14 insert: $137,446,000

15 Ω117æPage 55, line 10, strike out ø$26,500,000¿ and

16 insert: $31,500,000

17 Ω118æPage 55, line 15, strike out ø$6,297,000¿ and in18 sert: $8,038,000

19 Ω119æPage 56, line 22, strike out ø$79,766,000¿ and

20 insert: $64,766,000
35

HR 1977 EAS

1 Ω120æPage 59, line 11, strike out ø$1,725,792,000¿ and

2 insert: $1,815,373,000

3 Ω121æPage 59, line 25, strike out ø$351,258,000¿ and

4 insert: $350,564,000

5 Ω122æPage 61, line 23, strike out ø$236,975,000¿ and

6 insert: $151,227,000

7 Ω123æPage 65, line 8, strike out ø$52,500,000¿ and in8 sert: $54,660,000

9 Ω124æPage 65, line 14, strike out ø$21,345,000¿ and

10 insert: $20,345,000

11 Ω125æPage 67, line 6, strike out ø$309,471,000¿ and

12 insert: $307,988,000

13 Ω126æPage 67, line 6, strike out ø$32,000,000¿ and in14 sert: $30,472,000

15 Ω127æPage 67, line 25, strike out ø$3,000,000¿ and in16 sert: $3,250,000

17 Ω128æPage 68, line 7, strike out ø$24,954,000¿ and in18 sert: $33,954,000

19 Ω129æPage 68, line 15, strike out ø$12,950,000¿ and

20 insert: $27,700,000
36

HR 1977 EAS

1 Ω130æPage 68, line 15, strike out all after ‘‘expended’’

2 down to and including ‘‘52.232.18’’ in line 22

3 Ω131æPage 69, line 25, strike out ø$51,315,000¿ and

4 insert: $51,844,000

5 Ω132æPage 70, line 7, strike out ø$5,500,000¿ and in6 sert: $7,385,000

7 Ω133æPage 70, line 18, strike out ø$9,800,000¿ and in8 sert: $10,323,000

9 Ω134æPage 70, line 18, after ‘‘$9,800,000’’ insert: : Pro10 vided, That 40 U.S.C. 193n is hereby amended by striking

11 the word ‘‘and’’ after the word ‘‘Institution’’ and inserting

12 in lieu thereof a comma, and by inserting ‘‘and the Trustees

13 of the John F. Kennedy Center for the Performing Arts,’’

14 after the word ‘‘Art,’’

15 Ω135æPage 71, line 7, strike out ø$5,140,100¿ and in16 sert: $6,537,000

17 Ω136æPage 71, line 14, strike out ø$82,259,000¿ and

18 insert: $88,765,000

19 Ω137æPage 71, line 14, strike out all after

20 ‘‘$82,259,000’’ down to and including ‘‘tion,’’ in line 16

21 Ω138æPage 71, line 25, strike out ø$17,235,000¿ and

22 insert: $21,235,000
37

HR 1977 EAS

1 Ω139æPage 71, line 25, strike out all after

2 ‘‘$17,235,000’’ over to and including ‘‘appropriation’’ in

3 line 1 on page 72

4 Ω140æPage 72, line 16, strike out ø$82,469,000¿ and

5 insert: $94,000,000

6 Ω141æPage 72, line 24, strike out ø$17,025,000¿ and

7 insert: $16,000,000

8 Ω142æPage 72, line 25, strike out ø$9,180,000¿ and in9 sert: $10,000,000

10 Ω143æPage 74, line 12, strike out ø$3,063,000¿ and in11 sert: $2,500,000

12 Ω144æPage 75, line 1, strike out ø$48,000¿ and insert:

13 $147,000

14 Ω145æPage 75, strike out lines 4 through 7

15 Ω146æPage 75, after line 7, insert:

16 PUBLIC DEVELOPMENT

17 Funds made available under this heading in prior

18 years shall be available for operating and administrative

19 expenses of the Corporation.

20 Ω147æPage 75, line 12, strike out ø$28,707,000¿ and

21 insert: $26,609,000
38

HR 1977 EAS

1 Ω148æPage 75, line 13, strike out all after ‘‘program’’

2 down to and including ‘‘program’’ in line 14

3 Ω149æPage 78, line 23, strike out ø100–413¿ and insert:

4 103–413

5 Ω150æPage 79, strike out lines 9 and 10 and insert:

6 SEC. 312. None of funds appropriated or otherwise

7 made available by this Act may be used for the AmeriCorps

8 program, unless the relevant agencies of the Department of

9 the Interior and/or Agriculture follow appropriate

10 reprogramming guidelines: Provided, That if no funds are

11 provided for the AmeriCorps program by the VA–HUD and

12 Independent Agencies fiscal year 1996 appropriations bill,

13 then none of the funds appropriated or otherwise made

14 available by this Act may be used for the AmeriCorps pro15 grams

16 Ω151æPage 79, strike out all after line 10, over to and

17 including line 24 on page 86

18 Ω152æPage 87, strike out line 1 and all that follows, over

19 to and including line 15 on page 89 and insert:

20 SEC. 314. (a) Except as provided in subsection (b), no

21 part of any appropriation contained in this Act or any

22 other Act shall be obligated or expended for the operation

23 or implementation of the Interior Columbia Basin Eco24 system Management Project (hereinafter ‘‘Project’’).
39

HR 1977 EAS

1 (b) From the funds appropriated to the Forest Service

2 and Bureau of Land Management, a sum of $4,000,000 is

3 made available for the appropriate line officers assigned to

4 the Walla Walla office and the Boise office of the Project

5 to publish by April 30, 1996, an eastside final environ6 mental impact statement, without a record of decision, for

7 the Federal lands subject to the Project in Oregon and

8 Washington and an Upper Columbia Basin final environ9 mental impact statement, without a record of decision, for

10 the Federal lands subject to the Project in Idaho and Mon11 tana and other affected States, respectively. Among other

12 matters, the final environmental impact statements shall

13 contain the scientific information collected and analysis

14 undertaken by the Project on landscape dynamics and forest

15 health conditions and the implications of such dynamics

16 and conditions for forest management, including the man17 agement of forest vegetation structure, composition, and

18 density.

19 (c)(1) From the funds generally appropriated to the

20 Forest Service and the Bureau of Land Management, the

21 Secretary of Agriculture or the Secretary of the Interior as

22 the case may be, shall—

23 (A) review the resource management plan (here24 inafter ‘‘plan’’) for each national forest and unit of

25 lands administered by the Bureau of Land Manage-
40

HR 1977 EAS

1 ment (hereinafter ‘‘forest’’) within the area encom2 passed by the Project, the analysis in the relevant

3 final environmental impact statement prepared pur4 suant to subsection (b) which is applicable to such

5 plan, and any policy which is applicable to such plan

6 (whether or not such policy is final or draft, or has

7 been added to such plan by amendment), which is or

8 is intended to be of limited duration, and which the

9 Project addresses; and

10 (B) based on such review, determine whether

11 such policy modified to meet the specific conditions of

12 such forest, or an alternative policy which serves the

13 purpose of such policy, should be adopted for such for14 est.

15 (2) If the Secretary concerned makes a decision that

16 such a modified or alternative policy should be adopted for

17 such forest, the Secretary concerned shall prepare and adopt

18 for the resource management plan for such forest an amend19 ment which contains such policy, which is directed solely

20 to and affects only such plan, and which addresses the spe21 cific conditions of the forest and the relationship of such

22 policy to such conditions. The Secretary shall consult with

23 the Governor of the State, and the Commissioner of the

24 county or counties, in which the forest is situated prior to
41

HR 1977 EAS

1 such decision and, if the decision is to prepare an amend2 ment, during the preparation thereof.

3 (3) To the maximum extent practicable, any amend4 ment prepared pursuant to paragraph (2) shall establish

5 procedures to develop site-specific standards in lieu of im6 posing general standards applicable to multiple sites. Any

7 amendment which would result in any change in land allo8 cations within the land management plan or reduce the

9 likelihood of achievement of the goals and objectives of the

10 plan (prior to any previous amendment incorporating in

11 the plan any policy referred to in paragraph (1)(A)) shall

12 be deemed a significant plan amendment, or equivalent,

13 pursuant to section 6(f)(4) of the Forest and Rangeland Re14 newable Resources Planning Act of 1974 (16 U.S.C.

15 1604(f)(4)) or section 202 of the Federal Land Policy and

16 Management Act of 1976 (43 U.S.C. 1712).

17 (4)(A) Any amendment prepared pursuant to para18 graph (2) which adopts a policy that is a modification of

19 or alternative to a policy referred to in paragraph (1)(A)

20 upon which consultation or conferencing has occurred pur21 suant to section 7 of the Endangered Species Act of 1973

22 (16 U.S.C. 1536) shall not again be subject to the consulta23 tion or conferencing provisions of such section 7.

24 (B) If required by such section 7, the Secretary con25 cerned shall consult or conference separately on each
42

HR 1977 EAS

1 amendment prepared pursuant to paragraph (2) which is

2 not subject to subparagraph (A).

3 (C) No further consultation other than the consultation

4 specified in subparagraph (B) shall be undertaken on any

5 amendments prepared pursuant to paragraph (2), on any

6 project or activity which is consistent with an applicable

7 amendment, on any policy referred to in paragraph (1)(A),

8 or on any portion of any resource management plan related

9 to such policy or the species to which such policy applies.

10 (5) Any amendment prepared pursuant to paragraph

11 (2) shall be adopted on or before July 31, 1996: Provided,

12 That any amendment deemed a significant amendment

13 pursuant to paragraph (3) shall be adopted on or before

14 December 31, 1996.

15 (6) No policy referred to in paragraph (1)(A), or any

16 provision of a resource management plan or other planning

17 document incorporating such policy, shall be effective on or

18 after December 31, 1996, or after an amendment is promul19 gated subject to the provisions of this section, whichever oc20 curs first.

21 (7) On the signing of a record of decision or equivalent

22 document making an amendment for the Clearwater Na23 tional Forest pursuant to paragraph (2), the requirement

24 for revision referred to in the Stipulation of Dismissal

25 dated September 13, 1993, applicable to the Clearwater Na-
43

HR 1977 EAS

1 tional Forest is deemed to be satisfied, and the interim

2 management direction provisions contained in the Stipula3 tion of Dismissal shall be of no further effect with respect

4 to the Clearwater National Forest.

5 (d) The documents prepared under the authority of

6 this section shall not be applied or used to regulate non7 Federal lands in the affected States.

8 Ω153æPage 89, strike out all after line 15, over to and

9 including line 2 on page 93 and insert:

10 SEC. 315. (a) The Secretary of the Interior (acting

11 through the Bureau of Land Management, the National

12 Park Service and the United States Fish and Wildlife Serv13 ice) and the Secretary of Agriculture (acting through the

14 Forest Service) shall each implement a fee program to dem15 onstrate the feasibility of user-generated cost recovery for

16 the operation and maintenance of recreation areas or sites

17 and habitat enhancement projects on Federal lands.

18 (b) In carrying out the pilot program established pur19 suant to this section, the appropriate Secretary shall select

20 from areas under the jurisdiction of each of the four agen21 cies referred to in subsection (a) no fewer than 10, but as

22 many as 50, areas, sites or projects for fee demonstration.

23 For each such demonstration, the Secretary, notwithstand24 ing any other provision of law—
44

HR 1977 EAS

1 (1) shall charge and collect fees for admission to

2 the area or for the use of outdoor recreation sites, fa3 cilities, visitor centers, equipment, and services by in4 dividuals and groups, or any combination thereof;

5 (2) shall establish fees under this section based

6 upon a variety of cost recovery and fair market valu7 ation methods to provide a broad basis for feasibility

8 testing;

9 (3) may contract, including provisions for rea10 sonable commissions, with any public or private en11 tity to provide visitor services, including reservations

12 and information, and may accept services of volun13 teers to collect fees charged pursuant to paragraph

14 (1);

15 (4) may encourage private investment and part16 nerships to enhance the delivery of quality customer

17 services and resource enhancement, and provide ap18 propriate recognition to such partners or investors;

19 and

20 (5) may assess a fine of not more than $100 for

21 any violation of the authority to collect fees for ad22 mission to the area or for the use of outdoor recre23 ation sites, facilities, visitor centers, equipment, and

24 services.
45

HR 1977 EAS

1 (c)(1) Amounts collected at each fee demonstration site

2 shall be distributed as follows:

3 (A) Of the amount in excess of 104 percent of the

4 amount collected in fiscal year 1995, and thereafter

5 annually adjusted upward by 4 percent, 80 percent to

6 a special account in the Treasury for use by the agen7 cy which administers the site, to remain available for

8 expenditures in accordance with paragraph (3)(A).

9 (B) Of the amount in excess of 104 percent of the

10 amount collected in fiscal year 1995, and thereafter

11 annually adjusted upward by 4 percent, 20 percent to

12 a special account in the Treasury for use by the agen13 cy which administers the site, to remain available for

14 expenditure in accordance with paragraph (3)(B).

15 (C) For agencies other than the Fish and Wild16 life Service, up to 15 percent of current year collec17 tions at each site, but not greater than fee collection

18 costs for that fiscal year, to remain available for ex19 penditure in accordance with paragraph (3)(C).

20 (D) For agencies other than the Fish and Wild21 life Service, the balance to the special account estab22 lished pursuant to subparagraph (A) of section 4(i)(1)

23 of the Land and Water Conservation Act as amended.

24 (E) For the Fish and Wildlife Service, the bal25 ance shall be distributed in accordance with the Fish
46

HR 1977 EAS

1 and Wildlife Service Administrative Provisions of this

2 Act.

3 (2) For purposes of the subsection, ‘‘total collections’’

4 for each site shall be defined as gross collections before any

5 reduction for amounts attributable to collection costs.

6 (3)(A) Expenditures from site specific special funds

7 shall be for further activities of each site, and shall be ac8 counted for separately. Expenditures for each site shall be

9 in proportion to total collections from the demonstration

10 sites administered by an agency.

11 (B) Expenditures from agency specific special funds

12 shall be for use on an agency-wide basis and shall be ac13 counted for separately.

14 (C) Expenditures from the fee collection support fund

15 shall be used to cover fee collection costs in accordance with

16 section 4(i)(1)(B) of the Land and Water Conservation Act

17 as amended.

18 (4) In order to increase the quality of the visitor expe19 rience at public recreational areas and enhance the protec20 tion of resources, amounts available for expenditure under

21 paragraph (1) may only be used for the site or project con22 cerned, for backlogged repair and maintenance projects (in23 cluding projects relating to health and safety) and for inter24 pretation, signage, habitat or facility enhancement, resource

25 preservation, annual operation (including fee collection),
47

HR 1977 EAS

1 maintenance, and law enforcement relating to public use.

2 The agencywide accounts may be used for the same purposes

3 set forth in the preceding sentence, but for sites or projects

4 selected at the discretion of the respective agency head.

5 (d)(1) Amounts collected under this section shall not

6 be taken into account for the purposes of the Act of May

7 23, 1908 and the Act of March 1, 1911 (16 U.S.C. 500),

8 the Act of March 4, 1913 (16 U.S.C. 501), the Act of July

9 22, 1937 (7 U.S.C. 1012), the Act of August 8, 1937 and

10 the Act of May 24, 1939 (43 U.S.C. 1181f et seq.), the Act

11 of June 14, 1926 (43 U.S.C. 869–4), chapter 69 of title 31,

12 United States Code, section 401 of the Act of June 15, 1935

13 (16 U.S.C. 715s), the Land and Water Conservation Fund

14 Act of 1965 (16 U.S.C. 460l), and any other provision of

15 law relating to revenue allocation.

16 (2) Fees charged pursuant to this section shall be in

17 lieu of fees charged under any other provision of law.

18 (e) The Secretary of the Interior and the Secretary of

19 Agriculture shall carry out this section without promulgat20 ing regulations.

21 (f) The authority to collect fees under this section shall

22 commence on October 1, 1995, and end on September 30,

23 1998. Funds in accounts established shall remain available

24 through September 30, 2001.
48

HR 1977 EAS

1 (g)(1) It is the policy of the Congress that entrance,

2 tourism, and recreational use fees for the use of Federal

3 lands and facilities not discriminate against any State or

4 any region of the country.

5 (2) Not later than October 1, 1996, the Secretary of

6 the Interior, in cooperation with the heads of other affected

7 agencies shall prepare and submit to the Senate and House

8 Appropriations Committees a report that—

9 (A) identifies all Federal lands and facilities

10 that provide tourism or recreational use; and

11 (B) analyzes by State and region any fees

12 charged for entrance to or for tourism or recreational

13 use of Federal lands and facilities in a State or re14 gion, individually and collectively.

15 (3) Not later than October 1, 1997, the Secretary of

16 the Interior, in cooperation with the heads of other affected

17 agencies, shall prepare and submit to the Senate and House

18 Appropriations Committees any recommendations that the

19 Secretary may have for implementing the policy stated in

20 subsection (1).

21 Ω154æPage 93, strike out lines 3 through 12

22 Ω155æPage 93, strike out lines 20 through 22

23 Ω156æPage 93, strike out all after line 22, over to and

24 including line 6 on page 94
49

HR 1977 EAS

1 Ω157æPage 94, strike out lines 7 through 22 and insert:

2 SEC. 320. None of the funds made available in this

3 Act shall be used by the Department of Energy in imple4 menting the Codes and Standards Program to propose,

5 issue, or prescribe any new or amended standard: Provided,

6 That this section shall expire on September 30, 1996: Pro7 vided further, That nothing in this section shall preclude

8 the Federal Government from promulgating rules concern9 ing energy efficiency standards for the construction of new

10 federally-owned commercial and residential buildings.

11 Ω158æPage 95, strike out lines 5 through 10 and insert:

12 SEC. 322. (a) FAIR MARKET VALUE FOR MINERAL

13 PATENTS.—Except as provided in subsection (c), any pat14 ent issued by the United States under the general mining

15 laws after the date of enactment of this Act shall be issued

16 only upon payment by the owner of the claim of the fair

17 market value for the interest in the land owned by the Unit18 ed States exclusive of and without regard to the mineral

19 deposits in the land or the use of the land. For the purposes

20 of this section, ‘‘general mining laws’’ means those Acts

21 which generally comprise chapters 2, 11, 12, 12A, 15, and

22 16, and sections 161 and 162, of title 30 of the United

23 States Code, all Acts heretofore enacted which are amend24 atory of or supplementary to any of the foregoing Acts, and
50

HR 1977 EAS

1 the judicial and administrative decisions interpreting such

2 Acts.

3 (b) RIGHT OF REENTRY.—

4 (1) IN GENERAL.—Except as provided in sub5 section (c), and notwithstanding any other provision

6 of law, a patent issued under subsection (a) shall be

7 subject to a right of reentry by the United States if

8 it is used by the patentee for any purpose other than

9 for conducting mineral activities in good faith and

10 such unauthorized use is not discontinued as provided

11 in subsection (b)(2). For the purpose of this section,

12 the term ‘‘mineral activities’’ means any activity re13 lated to, or incidental to, exploration for or develop14 ment, mining, production, beneficiation, or processing

15 of any locatable mineral or mineral that would be

16 locatable if it were on Federal land, or reclamation

17 of the impacts of such activities.

18 (2) NOTICE BY THE SECRETARY.—If the patented

19 estate is used by the patentee for any purpose other

20 than for conducting mineral activities in good faith,

21 the Secretary of the Interior shall serve on all owners

22 of interests in such patented estate, in the manner

23 prescribed for service of a summons and complaint

24 under the Federal Rules of Civil Procedure, notice

25 specifying such unauthorized use and providing not
51

HR 1977 EAS

1 more than 90 days in which such unauthorized use

2 must be terminated. The giving of such notice shall

3 constitute final agency action appealable by any

4 owner of an interest in such patented estate. The Sec5 retary may exercise the right of reentry as provided

6 in subsection (b)(3) if such unauthorized use has not

7 been terminated in the time provided in this para8 graph, and only after all appeal rights have expired

9 and any appeals of such notice have been finally de10 termined.

11 (3) RIGHT OF REENTRY.—The Secretary may ex12 ercise the right of the United States to reenter such

13 patented estate by filing a declaration of reentry in

14 the office of the Bureau of Land Management des15 ignated by the Secretary and recording such declara16 tion where the notice or certificate of location for the

17 patented claim or site is recorded under State law.

18 Upon the filing and recording of such declaration, all

19 right, title and interest in such patented estate shall

20 revert to the United States. Lands and interests in

21 lands for which the United States exercises its right

22 of reentry under this section shall remain open to the

23 location of mining claims and mill sites, unless with24 drawn under other applicable law.
52

HR 1977 EAS

1 (c) PATENTS EXCEPTED FROM REQUIREMENTS.—The

2 requirements of subsections (a) and (b) of this section shall

3 not apply to the issuance of those patents whose applica4 tions were excepted under section 113 of Pub. L. No. 103–

5 322, 108 Stat. 2499, 2519 (1994), from the prohibition on

6 funding contained in section 112 of that Act. Such patents

7 shall be issued under the general mining laws in effect prior

8 to the date of enactment of this Act.

9 (d) PROCESSING OF PENDING PATENT APPLICA10 TIONS.—

11 (1) PROCESSING SCHEDULE.—For those applica12 tions for patent under the general mining laws which

13 are pending at the date of enactment of this Act, or

14 any amendments to or resubmittals of such patent ap15 plications, the Secretary of the Interior shall—

16 (A) Within three months of the enactment of

17 this Act, file with the House and Senate Com18 mittees on Appropriations and the Committee on

19 Resources of the House of Representatives and

20 the Committee on Energy and Natural Resources

21 of the United States Senate a plan which details

22 how the Department of the Interior will take

23 final action on all such applications within two

24 years of the enactment of this Act and file re25 ports annually thereafter with the same commit-
53

HR 1977 EAS

1 tees detailing actions taken by the Department of

2 the Interior to carry out such plan; and

3 (B) Take such actions as may be necessary

4 to carry out such plan.

5 (2) MINERAL EXAMINATIONS.—Upon the request

6 of a patent applicant, the Secretary of the Interior

7 shall allow the applicant to fund the retention by the

8 Bureau of Land Management of a qualified third9 party contractor to conduct a mineral examination of

10 the mining claims or mill sites contained in a patent

11 application. All such third-party mineral examina12 tions shall be conducted in accordance with standard

13 procedures and criteria followed by the Bureau of

14 Land Management, and the retention and compensa15 tion of such third-party contractors shall be conducted

16 in accordance with procedures employed by the Bu17 reau of Land Management in the retention of third18 party contractors for the preparation of environ19 mental analyses under the National Environmental

20 Policy Act (42 U.S.C. §§ 4321–4370d) to the maxi21 mum extent practicable.

22 Ω159æPage 95, after line 14, insert:

23 SEC. 324. No part of any appropriation contained in

24 this Act or any other Act shall be expended or obligated
54

HR 1977 EAS

1 to fund the activities of the Office of Forestry and Economic

2 Development after December 31, 1995.

3 Ω160æPage 95, after line 14, insert:

4 SEC. 325. No part of any appropriation contained in

5 this Act or any other Act shall be expended or obligated

6 to: (a) redefine the definition of an area in which a marbled

7 murrelet is ‘‘known to be nesting’’; or (b) to modify the pro8 tocol for surveying for marbled murrelets in effect on July

9 21, 1995.

10 Ω161æPage 95, after line 14, insert:

11 SEC. 326. (a) LAND EXCHANGE.—The Secretary of the

12 Interior (hereinafter referred to as the ‘‘Secretary’’) is au13 thorized to convey to the Boise Cascade Corporation (here14 inafter referred to as the ‘‘Corporation’’), a corporation

15 formed under the statutes of the State of Delaware, with

16 its principal place of business at Boise, Idaho, title to ap17 proximately seven acres of land, more or less, located in

18 sections 14 and 23, township 36 north, range 37 east, Wil19 lamette Meridian, Stevens County, Washington, further

20 identified in the records of the Bureau of Reclamation, De21 partment of the Interior, as Tract No. GC–19860, and to

22 accept from the Corporation in exchange therefor, title to

23 approximately one hundred and thirty-six acres of land lo24 cated in section 19, township 37 north, range 38 east and

25 section 33, township 38 north, range 37 east, Willamette
55

HR 1977 EAS

1 Meridian, Stevens County, Washington, and further identi2 fied in the records of the Bureau of Reclamation, Depart3 ment of the Interior, as Tract No. GC–19858 and Tract

4 No. GC–19859, respectively.

5 (b) APPRAISAL.—The properties so exchanged either

6 shall be approximately equal in fair market value or if they

7 are not approximately equal, shall be equalized by the pay8 ment of cash to the Corporation or to the Secretary as re9 quired or in the event the value of the Corporation’s lands

10 is greater, the acreage may be reduced so that the fair mar11 ket value is approximately equal: Provided, That the Sec12 retary shall order appraisals made of the fair market value

13 of each tract of land included in the exchange without con14 sideration for improvements thereon: Provided further, That

15 any cash payment received by the Secretary shall be covered

16 in the Reclamation Fund and credited to the Columbia

17 Basin project.

18 (c) ADMINISTRATIVE COSTS.—Costs of conducting the

19 necessary land surveys, preparing the legal descriptions of

20 the lands to be conveyed, performing the appraisals, and

21 administrative costs incurred in completing the exchange

22 shall be borne by the Corporation.

23 (d) LIABILITY FOR HAZARDOUS SUBSTANCES.—(1)

24 The Secretary shall not acquire any lands under this Act

25 if the Secretary determines that such lands, or any portion
56

HR 1977 EAS

1 thereof, have become contaminated with hazardous sub2 stances (as defined in the Comprehensive Environmental

3 Response, Compensation, and Liability Act (42 U.S.C.

4 9601)).

5 (2) Notwithstanding any other provision of law, the

6 United States shall have no responsibility or liability with

7 respect to any hazardous wastes or other substances placed

8 on any of the lands covered by this Act after their transfer

9 to the ownership of any party, but nothing in this Act shall

10 be construed as either diminishing or increasing any re11 sponsibility or liability of the United States based on the

12 condition of such lands on the date of their transfer to the

13 ownership of another party. The Corporation shall indem14 nify the United States for liabilities arising under the Com15 prehensive Environmental Response, Compensation, and

16 Liability Act (42 U.S.C. 9601), and the Resource Conserva17 tion Recovery Act (42 U.S.C. 6901 et seq.).

18 (e) AUTHORIZATION OF APPROPRIATIONS.—There are

19 authorized to be appropriated such sums as may be nec20 essary to carry out the purposes of this Act.

21 Ω162æPage 95, after line 14, insert:

22 SEC. 327. TIMBER SALES PIPELINE RESTORATION

23 FUNDS.—(a) The Secretary of Agriculture and the Sec24 retary of the Interior shall each establish a Timber Sales

25 Pipeline Restoration Fund (hereinafter ‘‘Agriculture Fund’’
57

HR 1977 EAS

1 and ‘‘Interior Fund’’ or ‘‘Funds’’). Any revenues received

2 from sales released under section 2001(k) of the Fiscal Year

3 1995 Supplemental Appropriations for Disaster Assistance

4 and Rescissions Act, minus the funds necessary to make

5 payments to States or local governments under other law

6 concerning the distribution of revenues derived from the af7 fected lands, which are in excess of $37,500,000 (hereinafter

8 ‘‘excess revenues’’) shall be deposited into the Funds. The

9 distribution of excess revenues between the Agriculture

10 Fund and Interior Fund shall be calculated by multiplying

11 the total of excess revenues times a fraction with a denomi12 nator of the total revenues received from all sales released

13 under such section 2001(k) and numerators of the total reve14 nues received from such sales on lands within the National

15 Forest System and the total revenues received from such

16 sales on lands administered by the Bureau of Land Man17 agement, respectively: Provided, That revenues or portions

18 thereof from sales released under such section 2001(k),

19 minus the amounts necessary for State and local govern20 ment payments and other necessary deposits, may be depos21 ited into the Funds immediately upon receipt thereof and

22 subsequently redistributed between the Funds or paid into

23 the United States Treasury as miscellaneous receipts as

24 may be required when the calculation of excess revenues is

25 made.
58

HR 1977 EAS

1 (b)(1) From the funds deposited into the Agriculture

2 Fund and into the Interior Fund pursuant to subsection

3 (a)—

4 (A) seventy-five percent shall be available, with5 out fiscal year limitation or further appropriation,

6 for preparation of timber sales, other than salvage

7 sales as defined in section 2001(a)(3) of the fiscal

8 year 1995 Supplemental Appropriations for Disaster

9 Assistance and Rescissions Act, which—

10 (i) are situated on lands within the Na11 tional Forest System and lands administered by

12 the Bureau of Land Management, respectively;

13 and

14 (ii) are in addition to timber sales for

15 which funds are otherwise available in this Act

16 or other appropriations acts.

17 (B) twenty-five percent shall be available, with18 out fiscal year limitation or further appropriation, to

19 expend on the backlog of recreation projects on lands

20 within the National Forest System and lands admin21 istered by the Bureau of Land Management, respec22 tively.

23 (2) Expenditures under this subsection for preparation

24 of timber sales may include expenditures for Forest Service

25 activities within the forest land management budget line
59

HR 1977 EAS

1 item and associated timber roads, and Bureau of Land

2 Management activities within the Oregon and California

3 grant lands account and the forestry management area ac4 count, as determined by the Secretary concerned.

5 (c) Revenues received from any timber sale prepared

6 under subsection (b) or under this subsection, minus the

7 amounts necessary for State and local government pay8 ments and other necessary deposits, shall be deposited into

9 the Fund from which funds were expended on such sale.

10 Such deposited revenues shall be available for preparation

11 of additional timber sales and completion of additional

12 recreation projects in accordance with the requirements set

13 forth in subsection (b).

14 (d) The Secretary concerned shall terminate all pay15 ments into the Agriculture Fund or the Interior Fund, and

16 pay any unobligated funds in the affected Fund into the

17 United States Treasury as miscellaneous receipts, whenever

18 the Secretary concerned makes a finding, published in the

19 Federal Register, that sales sufficient to achieve the total

20 allowable sales quantity of the national forest system for

21 the Forest Service or the allowable sales level for the Oregon

22 and California grant lands for the Bureau of Land Man23 agement, respectively, have been prepared.

24 (e) Any timber sales prepared and recreation projects

25 completed under this section shall comply with all applica-
60

HR 1977 EAS

1 ble environmental and natural resource laws and regula2 tions.

3 (f) The Secretary concerned shall report annually to

4 the Committees on Appropriations of the U.S. Senate and

5 the House of Representatives on expenditures made from the

6 Fund for timber sales and recreation projects, revenues re7 ceived into the Fund from timber sales, and timber sale

8 preparation and recreation project work undertaken during

9 the previous year and projected for the next year under the

10 Fund. Such information shall be provided for each Forest

11 Service region and Bureau of Land Management State of12 fice.

13 (g) The authority of this section shall terminate upon

14 the termination of both Funds in accordance with the provi15 sions of subsection (d).

16 Ω163æPage 95, after line 14, insert:

17 SEC. 328. Notwithstanding any other provision of law,

18 none of the funds provided in this or any other act shall

19 be available for travel and training expenses for the Bureau

20 of Indian Affairs or the Office of Indian Education for edu21 cation conferences or training activities.

22 Ω164æPage 95, after line 14, insert:

23 SEC. 329. Of the funds provided to the National En24 dowment for the Arts:
61

HR 1977 EAS

1 (a) The Chairperson shall only award a grant to

2 an individual if such grant is awarded to such indi3 vidual for a literature fellowship, National Heritage

4 Fellowship, or American Jazz Masters Fellowship.

5 (b) The Chairperson shall establish procedures to

6 ensure that no funding provided through a grant, ex7 cept a grant made to a State or regional group, may

8 be used to make a grant to any other organization or

9 individual to conduct activity independent of the di10 rect grant recipient. Nothing in this subsection shall

11 prohibit payments made in exchange for goods and

12 services.

13 (c) No grant shall be used for seasonal support

14 to a group, unless the application is specific to the

15 contents of the season, including identified programs

16 and/or projects.

17 Ω165æPage 95, after line 14, insert:

18 SEC. 330. DELAY IN IMPLEMENTATION OF THE ADMINIS19 TRATION’S RANGELAND REFORM PROGRAM.

20 None of the funds made available under this or any

21 other Act may be used to implement or enforce the final

22 rule published by the Secretary of the Interior on February

23 22, 1995 (60 Fed. Reg. 9894), making amendments to parts

24 4, 1780, and 4100 of title 43, Code of Federal Regulations,

25 to take effect August 21, 1995, until November 21, 1995.
62

HR 1977 EAS

1 None of the funds made available under this or any other

2 Act may be used to publish proposed or enforce final regula3 tions governing the management of livestock grazing on

4 lands administered by the Forest Service until November

5 21, 1995.

6 Ω166æPage 95, after line 14, insert:

7 SEC. 331. (a)(1) The head of each agency referred to

8 in paragraph (2) shall submit to the President each year,

9 through the head of the department having jurisdiction over

10 the agency, a land acquisition ranking for the agency con11 cerned for the fiscal year beginning after the date of the

12 submittal of the report.

13 (2) The heads of agencies referred to in paragraph (1)

14 are the following:

15 (A) The Director of the National Park Service in

16 the case of the National Park Service.

17 (B) The Director of the Fish and Wildlife Service

18 in the case of the Fish and Wildlife Service.

19 (C) The Director of the Bureau of Land Manage20 ment in the case of the Bureau of Land Management.

21 (D) The Chief of the Forest Service in the case

22 of the Forest Service.

23 (3) In this section, the term ‘‘land acquisition rank24 ing’’, in the case of a Federal agency, means a statement

25 of the order of precedence of the land acquisition proposals
63

HR 1977 EAS

1 of the agency, including a statement of the order of prece2 dence of such proposals for each organizational unit of the

3 agency.

4 (b) The President shall include the land acquisition

5 rankings for a fiscal year that are submitted to the Presi6 dent under subsection (a)(1) in the supporting information

7 submitted to Congress with the budget for that fiscal year

8 under section 1105 of title 31, United States Code.

9 (c)(1) The head of the agency concerned shall deter10 mine the order of precedence of land acquisitions proposals

11 under subsection (a)(1) in accordance with criteria that the

12 Secretary of the Department having jurisdiction over the

13 agency shall prescribe.

14 (2) The criteria prescribed under paragraph (1) shall

15 provide for a determination of the order of precedence of

16 land acquisition proposals through consideration of—

17 (A) the natural resources located on the land cov18 ered by the acquisition proposals;

19 (B) the degree to which such resources are threat20 ened;

21 (C) the length of time required for the acquisi22 tion of the land;

23 (D) the extend, if any, to which an increase in

24 the cost of the land covered by the proposals makes

25 timely completion of the acquisition advisable;
64

HR 1977 EAS

1 (E) the extent of public support for the acquisi2 tion of the land; and

3 (F) such other matters as the Secretary con4 cerned shall prescribe.

5 Ω167æPage 95, after line 14, insert:

6 SEC. 332. Section 1864 of title 18, United States Code,

7 is amended—

8 (1) in subsection (b)—

9 (A) in paragraph (2), by striking ‘‘twenty’’

10 and inserting ‘‘40’’;

11 (B) in paragraph (3), by striking ‘‘ten’’ and

12 inserting ‘‘20’’;

13 (C) in paragraph (4), by striking ‘‘if dam14 age exceeding $10,000 to the property of any in15 dividual results,’’ and inserting ‘‘if damage to

16 the property of any individual results or if

17 avoidance costs have been incurred exceeding

18 $10,000, in the aggregate,’’; and

19 (D) in paragraph (4), by striking ‘‘ten’’

20 and inserting ‘‘20’’;

21 (2) in subsection (c) by striking ‘‘ten’’ and in22 serting ‘‘20’’;

23 (3) in subsection (d), by—

24 (A) striking ‘‘and’’ at the end of paragraph

25 (2);
65

HR 1977 EAS

1 (B) striking the period at the end of para2 graph (3) and inserting ‘‘; and’’; and

3 (C) adding at the end the following:

4 ‘‘(4) the term ‘avoidance costs’ means costs in5 curred by any individual for the purpose of—

6 ‘‘(A) detecting a hazardous or injurious de7 vice; or

8 ‘‘(B) preventing death, serious bodily in9 jury, bodily injury, or property damage likely to

10 result from the use of a hazardous or injurious

11 device in violation of subsection (a).’’; and

12 (4) by adding at the end thereof the following:

13 ‘‘(e) Any person injured as the result of a violation

14 of subsection (a) may commence a civil action on his own

15 behalf against any person who is alleged to be in violation

16 of subsection (a). The district courts shall have jurisdiction,

17 without regard to the amount in controversy or the citizen18 ship of the parties, in such civil actions. The court may

19 award, in addition to monetary damages for any injury

20 resulting form an alleged violation of subsection (a), costs

21 of litigation, including reasonable attorney and expert wit22 ness fees, to any prevailing or substantially prevailing

23 party, whenever the court determines such award is appro24 priate.’’.

25 Ω168æPage 95, after line 14, insert:
66

HR 1977 EAS

1 SEC. 333. Notwithstanding any other provision of law,

2 none of the funds authorized to be appropriated pursuant

3 to this Act may be used to promote, disseminate, sponsor

4 or produce materials or performances which denigrate the

5 objects or beliefs of the adherents of a particular religion.

6 Ω169æPage 95, after line 14, insert:

7 SEC. 334. Notwithstanding any other provision of law,

8 none of the funds made available to the National Endow9 ment for the Arts under this Act may be used to promote,

10 disseminate, sponsor, or produce materials or performances

11 that depict or describe, in a patently offensive way, sexual

12 or excretory activities or organs.

13 Ω170æPage 95, after line 14, insert:

14 SEC. 335. Public Law 94–158 is modified to extend the

15 scope of the Arts and Artifacts Indemnity Act to include

16 exhibitions originating in the United States and touring

17 the United States for indemnification subject to the avail18 ability of funds.

19 Ω171æPage 95, after line 14, insert:

20 SEC. 336. ENERGY SAVINGS AT FEDERAL FACILITIES.

21 (a) REDUCTION IN FACILITIES ENERGY COSTS.—The

22 head of each agency for which funds are made available

23 under this Act shall take all actions necessary to achieve

24 during fiscal year 1996 a 5 percent reduction, from fiscal
67

HR 1977 EAS

1 year 1995 levels, in the energy costs of the facilities used

2 by the agency.

3 (b) USE OF COST SAVINGS.—An amount equal to the

4 amount of cost savings realized by an agency under sub5 section (a) shall remain available for obligation through the

6 end of fiscal year 1997, without further authorization or

7 appropriation, as follows:

8 (1) CONSERVATION MEASURES.—Fifty percent of

9 the amount shall remain available for the implemen10 tation of additional energy conservation measures

11 and for water conservation measures at such facilities

12 used by the agency as are designated by the head of

13 the agency.

14 (2) OTHER PURPOSES.—Fifty percent of the

15 amount shall remain available for use by the agency

16 for such purposes as are designated by the head of the

17 agency, consistent with applicable law.

18 (c) REPORT.—

19 (1) IN GENERAL.—Not later than December 31,

20 1996, the head of each agency described in subsection

21 (a) shall submit a report to Congress specifying the

22 results of the actions taken under subsection (a) and

23 providing any recommendations concerning how to

24 further reduce energy costs and energy consumption

25 in the future.
68

HR 1977 EAS

1 (2) CONTENTS.—Each report shall—

2 (A) specify the total energy costs of the fa3 cilities used by the agency;

4 (B) identify the reductions achieved; and

5 (C) specify the actions that resulted in the

6 reductions.

7 Ω172æPage 95, after line 14, insert:

8 SEC. 337. DISTRIBUTION OF INDIAN HEALTH SERVICE PRO9 FESSIONALS.

10 (a) IN GENERAL.—To ensure that the Secretary of

11 Health and Human Services (hereafter in this section re12 ferred to as the ‘‘Secretary’’), acting through the Indian

13 Health Service, is making efforts to meet the health care

14 needs of Indian tribes (as defined in section 4(e) of the In15 dian Self-Determination and Education Assistance Act (25

16 U.S.C. 450b(e)) in an equitable manner, the Secretary

17 shall, not later than April 30, 1996, submit to the Congress

18 a report that meets the requirements of subsection (b).

19 (b) CONTENTS OF REPORT.—The report prepared by

20 the Secretary under this section shall—

21 (1) contain a comparative analysis of the Indian

22 Health Service staffing that includes comparisons of

23 health care facilities (including clinics) and service

24 units (as defined in section 4(j) of the Indian Health

25 Care Improvement Act (25 U.S.C. 1603(j));
69

HR 1977 EAS

1 (2) for each health care facility of the Indian

2 Health Service (as determined by the Secretary), de3 termine, for each health profession (as defined in sec4 tion 4(n) of the Indian Health Care Improvement Act

5 (25 U.S.C. 1603(n)), the ratio of—

6 (A) the number of members of that health

7 profession that provide health services in that fa8 cility; to

9 (B) the number of patients served by the

10 members of that health profession in that facil11 ity;

12 (3) provide a comparative nationwide analysis

13 of health care facilities of the Indian Health Service

14 based on the ratios determined under paragraph (2)

15 in order to ascertain whether each service area (as de16 fined in section 4(m) of the Indian Health Care Im17 provement Act (25 U.S.C. 1603(m) is providing an

18 equitable level of health services; and

19 (4) provide an analysis of—

20 (A) the overall levels of staffing of all types

21 of health professions, support staff, and adminis22 trative staff at facilities referred to in paragraph

23 (3); and

24 (B) the distribution of the staffing referred

25 to in subparagraph (A) by service unit.
70

HR 1977 EAS

1 Ω173æPage 95, after line 14, insert:

2 SEC. 338. HIV-AIDS PREVENTION AND TREATMENT PLAN.

3 (a) REPORT.—Not later than March 1, 1996, the Sec4 retary of Health and Human Services (hereafter in this sec5 tion referred to as the ‘‘Secretary’’), acting through the In6 dian Health Service and in consultation with Indian tribes

7 (as defined in section 4(d) of the Indian Health Care Im8 provement Act (25 U.S.C. 1603(d)), shall prepare and sub9 mit to the Congress a report that evaluates—

10 (1) the incidences of HIV and AIDS among In11 dian tribes;

12 (2) the services provided under title XXVI of the

13 Public Health Service Act to members of Indian

14 tribes living with HIV and AIDS;

15 (3) the unmet needs, including preventive edu16 cational needs, of members of Indian tribes living

17 with HIV and AIDS who use the Indian Health Serv18 ice for their primary health care;

19 (4) the internal capacity of each service unit of

20 the Indian Health Service to meet the existing need;

21 and

22 (5) the resources, including education, needed to

23 meet existing and projected need.

24 (b) SERVICE PLAN.—The Secretary, acting through the

25 Indian Health Service and in consultation with Indian
71

HR 1977 EAS

1 tribes, shall develop and implement a plan of action for

2 meeting the existing and projected needs, which based on

3 the evaluation conducted pursuant to subsection (a), are de4 termined to be unmet.

Attest:

Secretary.
104TH CONGRESS

1ST SESSION H. R. 1977

AMENDMENTS
HR 1977 EAS——10HR 1977 EAS——9HR 1977 EAS——8HR 1977 EAS——7HR 1977 EAS——6HR 1977 EAS——5HR 1977 EAS——4HR 1977 EAS——3HR 1977 EAS——2