H. R. 1977

One Hundred Fourth Congress

of the

United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Wednesday,

the fourth day of January, one thousand nine hundred and ninety-five

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.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled, That the

following sums are appropriated, out of any money in the Treasury

not otherwise appropriated, for the Department of the Interior

and related agencies for the fiscal year ending September 30, 1996,

and for other purposes, namely:

TITLE I—DEPARTMENT OF THE INTERIOR

BUREAU OF LAND MANAGEMENT

MANAGEMENT OF LANDS AND RESOURCES

For expenses necessary for protection, use, improvement, development, disposal, cadastral surveying, classification, acquisition of

easements and other interests in lands, and performance of other

functions, including maintenance of facilities, as authorized by law,

in the management of lands and their resources under the jurisdiction of the Bureau of Land Management, including the general

administration of the Bureau, and assessment of mineral potential

of public lands pursuant to Public Law 96–487 (16 U.S.C. 3150(a)),

$568,062,000, to remain available until expended, of which

$2,000,000 shall be available for assessment of the mineral potential

of public lands in Alaska pursuant to section 1010 of Public Law

96–487 (16 U.S.C. 3150), and of which not more than $599,999

shall be available to the Needles Resources Area for the management of the East Mojave National Scenic Area, as defined by the

Bureau of Land Management prior to October 1, 1994, in the

California Desert District of the Bureau of Land Management,

and of which $4,000,000 shall be derived from the special receipt

account established by section 4 of the Land and Water Conservation Fund Act of 1965, as amended (16 U.S.C. 460l–6a(i)): Provided,

That appropriations herein made shall not be available for the

destruction of healthy, unadopted, wild horses and burros in the

care of the Bureau or its contractors; and in addition, $27,650,000

for Mining Law Administration program operations, to remain available until expended, to be reduced by amounts collected by the

Bureau of Land Management and credited to this appropriation

from annual mining claim fees so as to result in a final appropriation estimated at not more than $568,062,000: Provided further,

That in addition to funds otherwise available, and to remain available until expended, not to exceed $5,000,000 from annual mining
H. R. 1977—2

claim fees shall be credited to this account for the costs of administering the mining claim fee program, and $2,000,000 from communication site rental fees established by the Bureau.

WILDLAND FIRE MANAGEMENT

For necessary expenses for fire use and management, fire

preparedness, emergency presuppression, suppression operations,

emergency rehabilitation, and renovation or construction of fire

facilities in the Department of the Interior, $235,924,000, to remain

available until expended, of which not to exceed $5,025,000, shall

be available for the renovation or construction of fire facilities:

Provided, That notwithstanding any other provision of law, persons

hired pursuant to 43 U.S.C. 1469 may be furnished subsistence

and lodging without cost from funds available from this appropriation: Provided further, That such funds are also available for repayment of advances to other appropriation accounts from which funds

were previously transferred for such purposes: Provided further,

That unobligated balances of amounts previously appropriated to

the Fire Protection and Emergency Department of the Interior

Firefighting Fund may be transferred or merged with this appropriation.

CENTRAL HAZARDOUS MATERIALS FUND

For expenses necessary for use by the Department of the

Interior and any of its component offices and bureaus for the

remedial action, including associated activities, of hazardous waste

substances, pollutants, or contaminants pursuant to the Comprehensive Environmental Response, Compensation and Liability

Act, as amended (42 U.S.C. 9601 et seq.), $10,000,000, to remain

available until expended: Provided, That, notwithstanding 31 U.S.C.

3302, sums recovered from or paid by a party in advance of or

as reimbursement for remedial action or response activities conducted by the Department pursuant to sections 107 or 113(f) of

the Comprehensive Environmental Response, Compensation and

Liability Act, as amended (42 U.S.C. 9607 or 9613(f)), shall be

credited to this account and shall be available without further

appropriation and shall remain available until expended: Provided

further, That such sums recovered from or paid by any party are

not limited to monetary payments and may include stocks, bonds

or other personal or real property, which may be retained, liquidated, or otherwise disposed of by the Secretary of the Interior

and which shall be credited to this account.

CONSTRUCTION AND ACCESS

For acquisition of lands and interests therein, and construction

of buildings, recreation facilities, roads, trails, and appurtenant

facilities, $3,115,000, to remain available until expended.

PAYMENTS IN LIEU OF TAXES

For expenses necessary to implement the Act of October 20,

1976, as amended (31 U.S.C. 6901–07), $101,500,000, of which

not to exceed $400,000 shall be available for administrative

expenses.
H. R. 1977—3

LAND ACQUISITION

For expenses necessary to carry out the provisions of sections 205, 206, and 318(d) of Public Law 94–579 including administrative

expenses and acquisition of lands or waters, or interests therein,

$12,800,000 to be derived from the Land and Water Conservation

Fund, to remain available until expended.

OREGON AND CALIFORNIA GRANT LANDS

For expenses necessary for management, protection, and devel- opment of resources and for construction, operation, and maintenance of access roads, reforestation, and other improvements on

the revested Oregon and California Railroad grant lands, on other

Federal lands in the Oregon and California land-grant counties

of Oregon, and on adjacent rights-of-way; and acquisition of lands

or interests therein including existing connecting roads on or adjacent to such grant lands; $93,379,000, to remain available until

expended: Provided, That 25 per centum of the aggregate of all receipts during the current fiscal year from the revested Oregon

and California Railroad grant lands is hereby made a charge against

the Oregon and California land-grant fund and shall be transferred

to the General Fund in the Treasury in accordance with the provisions of the second paragraph of subsection (b) of title II of the

Act of August 28, 1937 (50 Stat. 876).

RANGE IMPROVEMENTS

For rehabilitation, protection, and acquisition of lands and

interests therein, and improvement of Federal rangelands pursuant

to section 401 of the Federal Land Policy and Management Act

of 1976 (43 U.S.C. 1701), notwithstanding any other Act, sums

equal to 50 per centum of all moneys received during the prior

fiscal year under sections 3 and 15 of the Taylor Grazing Act

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

improvements from grazing fees and mineral leasing receipts from

Bankhead-Jones lands transferred to the Department of the Interior

pursuant to law, but not less than $9,113,000, to remain available

until expended: Provided, That not to exceed $600,000 shall be

available for administrative expenses.

SERVICE CHARGES, DEPOSITS, AND FORFEITURES

For administrative expenses and other costs related to processing application documents and other authorizations for use and

disposal of public lands and resources, for costs of providing copies

of official public land documents, for monitoring construction, operation, and termination of facilities in conjunction with use

authorizations, and for rehabilitation of damaged property, such

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

305(a), and 504(g) of the Act approved October 21, 1976 (43 U.S.C.

1701), and sections 101 and 203 of Public Law 93–153, to be

immediately available until expended: Provided, That notwithstanding any provision to the contrary of section 305(a) of the Act

of October 21, 1976 (43 U.S.C. 1735(a)), any moneys that have

been or will be received pursuant to that section, whether as a

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

for refund pursuant to section 305(c) of that Act (43 U.S.C. 1735(c)),

shall be available and may be expended under the authority of
H. R. 1977—4

this or subsequent appropriations Acts by the Secretary to improve,

protect, or rehabilitate any public lands administered through the

Bureau of Land Management which have been damaged by the

action of a resource developer, purchaser, permittee, or any

unauthorized person, without regard to whether all moneys collected

from each such forfeiture, compromise, or settlement are used on

the exact lands damage to which led to the forfeiture, compromise,

or settlement: Provided further, That such moneys are in excess

of amounts needed to repair damage to the exact land for which

collected.

MISCELLANEOUS TRUST FUNDS

In addition to amounts authorized to be expended under existing law, there is hereby appropriated such amounts as may be

contributed under section 307 of the Act of October 21, 1976 (43

U.S.C. 1701), and such amounts as may be advanced for administrative costs, surveys, appraisals, and costs of making conveyances

of omitted lands under section 211(b) of that Act, to remain available

until expended.

ADMINISTRATIVE PROVISIONS

Appropriations for the Bureau of Land Management shall be

available for purchase, erection, and dismantlement of temporary

structures, and alteration and maintenance of necessary buildings

and appurtenant facilities to which the United States has title;

up to $100,000 for payments, at the discretion of the Secretary,

for information or evidence concerning violations of laws administered by the Bureau of Land Management; miscellaneous and emergency expenses of enforcement activities authorized or approved

by the Secretary and to be accounted for solely on his certificate,

not to exceed $10,000: Provided, That notwithstanding 44 U.S.C.

501, the Bureau may, under cooperative cost-sharing and partnership arrangements authorized by law, procure printing services

from cooperators in connection with jointly-produced publications

for which the cooperators share the cost of printing either in cash

or in services, and the Bureau determines the cooperator is capable

of meeting accepted quality standards.

UNITED STATES FISH AND WILDLIFE SERVICE

RESOURCE MANAGEMENT

For expenses necessary for scientific and economic studies,

conservation, management, investigations, protection, and utilization of fishery and wildlife resources, except whales, seals, and

sea lions, and for the performance of other authorized functions

related to such resources; for the general administration of the

United States Fish and Wildlife Service; and for maintenance of

the herd of long-horned cattle on the Wichita Mountains Wildlife

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

within the scope of the approved budget which shall be carried

out by the Youth Conservation Corps as authorized by the Act

of August 13, 1970, as amended by Public Law 93–408,

$497,943,000, to remain available for obligation until September

30, 1997, of which $11,557,000 shall be available until expended

for operation and maintenance of fishery mitigation facilities con-
H. R. 1977—5

structed by the Corps of Engineers under the Lower Snake River

Compensation Plan, authorized by the Water Resources Development Act of 1976 (90 Stat. 2921), to compensate for loss of fishery

resources from water development projects on the Lower Snake

River: Provided, That unobligated and unexpended balances in the

Resource Management account at the end of fiscal year 1995, shall

be merged with and made a part of the fiscal year 1996 Resource

Management appropriation, and shall remain available for obligation until September 30, 1997: Provided further, That no monies

appropriated under this Act or any other law shall be used to

implement subsections (a), (b), (c), (e), (g), or (i) of section 4 of

the Endangered Species Act of 1973 (16 U.S.C. 1533), until such

time as legislation reauthorizing the Act is enacted or until the

end of fiscal year 1996, whichever is earlier, except that monies

appropriated under this Act may be used to delist or reclassify

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

4(c)(2)(B)(ii) of the Act.

CONSTRUCTION

For construction and acquisition of buildings and other facilities

required in the conservation, management, investigation, protection,

and utilization of fishery and wildlife resources, and the acquisition

of lands and interests therein; $37,655,000, to remain available

until expended.

NATURAL RESOURCE DAMAGE ASSESSMENT FUND

To conduct natural resource damage assessment activities by

the Department of the Interior necessary to carry out the provisions

of the Comprehensive Environmental Response, Compensation, and

Liability Act, as amended (42 U.S.C. 9601, et seq.), Federal Water

Pollution Control Act, as amended (33 U.S.C. 1251, et seq.), the

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

July 27, 1990 (Public Law 101–337); $4,000,000, to remain available

until expended: Provided, That sums provided by any party in

fiscal year 1996 and thereafter are not limited to monetary payments and may include stocks, bonds or other personal or real

property, which may be retained, liquidated or otherwise disposed

of by the Secretary and such sums or properties shall be utilized

for the restoration of injured resources, and to conduct new damage

assessment activities.

LAND ACQUISITION

For expenses necessary to carry out the provisions of the Land

and Water Conservation Fund Act of 1965, as amended (16 U.S.C.

460l–4–11), including administrative expenses, and for acquisition

of land or waters, or interest therein, in accordance with statutory

authority applicable to the United States Fish and Wildlife Service,

$36,900,000, to be derived from the Land and Water Conservation

Fund, to remain available until expended.

COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND

For expenses necessary to carry out the provisions of the Endangered Species Act of 1973 (16 U.S.C. 1531–1543), as amended

by Public Law 100–478, $8,085,000 for grants to States, to be
H. R. 1977—6

derived from the Cooperative Endangered Species Conservation

Fund, and to remain available until expended.

NATIONAL WILDLIFE REFUGE FUND

For expenses necessary to implement the Act of October 17,

1978 (16 U.S.C. 715s), $10,779,000.

REWARDS AND OPERATIONS

For expenses necessary to carry out the provisions of the African Elephant Conservation Act (16 U.S.C. 4201–4203, 4211–4213,

4221–4225, 4241–4245, and 1538), $600,000, to remain available

until expended.

NORTH AMERICAN WETLANDS CONSERVATION FUND

For expenses necessary to carry out the provisions of the North

American Wetlands Conservation Act, Public Law 101–233,

$6,750,000, to remain available until expended.

LAHONTAN VALLEY AND PYRAMID LAKE FISH AND WILDLIFE FUND

For carrying out section 206(f) of Public Law 101–618, such

sums as have previously been credited or may be credited hereafter

to the Lahontan Valley and Pyramid Lake Fish and Wildlife Fund,

to be available until expended without further appropriation.

RHINOCEROS AND TIGER CONSERVATION FUND

For deposit to the Rhinoceros and Tiger Conservation Fund,

$200,000, to remain available until expended, to be available to

carry out the provisions of the Rhinoceros and Tiger Conservation

Act of 1994 (Public Law 103–391).

WILDLIFE CONSERVATION AND APPRECIATION FUND

For deposit to the Wildlife Conservation and Appreciation Fund,

$800,000, to remain available until expended.

ADMINISTRATIVE PROVISIONS

Appropriations and funds available to the United States Fish

and Wildlife Service shall be available for purchase of not to exceed

113 passenger motor vehicles; not to exceed $400,000 for payment,

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

evidence concerning violations of laws administered by the United

States Fish and Wildlife Service, and miscellaneous and emergency

expenses of enforcement activities, authorized or approved by the

Secretary and to be accounted for solely on his certificate; repair

of damage to public roads within and adjacent to reservation areas

caused by operations of the United States Fish and Wildlife Service;

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

option; facilities incident to such public recreational uses on conservation areas as are consistent with their primary purpose; and

the maintenance and improvement of aquaria, buildings, and other

facilities under the jurisdiction of the United States Fish and Wildlife Service and to which the United States has title, and which

are utilized pursuant to law in connection with management and
H. R. 1977—7

investigation of fish and wildlife resources: Provided, That notwithstanding 44 U.S.C. 501, the Service may, under cooperative cost

sharing and partnership arrangements authorized by law, procure

printing services from cooperators in connection with jointly-produced publications for which the cooperators share at least onehalf the cost of printing either in cash or services and the Service

determines the cooperator is capable of meeting accepted quality

standards: Provided further, That the United States Fish and Wildlife Service may accept donated aircraft as replacements for existing

aircraft: Provided further, That notwithstanding any other provision of law, the Secretary of the Interior may not spend any of the

funds appropriated in this Act for the purchase of lands or interests

in lands to be used in the establishment of any new unit of the

National Wildlife Refuge System unless the purchase is approved

in advance by the House and Senate Committees on Appropriations

in compliance with the reprogramming procedures contained in

House Report 103–551: Provided further, That none of the funds

made available in this Act may be used by the U. S. Fish and

Wildlife Service to impede or delay the issuance of a wetlands

permit by the U. S. Army Corps of Engineers to the City of Lake

Jackson, Texas, for the development of a public golf course west

of Buffalo Camp Bayou between the Brazos River and Highway

332: Provided further, That the Director of the Fish and Wildlife

Service may charge reasonable fees for expenses to the Federal

Government for providing training by the National Education and

Training Center: Provided further, That all training fees collected shall be available to the Director, until expended, without further

appropriation, to be used for the costs of training and education

provided by the National Education and Training Center: Provided

further, That with respect to lands leased for farming pursuant to Public Law 88–567, if for any reason the Secretary disapproves

for use in 1996 or does not finally approve for use in 1996 any

pesticide or chemical which was approved for use in 1995 or had

been requested for use in 1996 by the submission of a pesticide

use proposal as of September 19, 1995, none of the funds in this

Act may be used to develop, implement, or enforce regulations

or policies (including pesticide use proposals) related to the use

of chemicals and pest management that are more restrictive than

the requirements of applicable State and Federal laws related to

the use of chemicals and pest management practices on non-Federal

lands.

NATIONAL PARK SERVICE

OPERATION OF THE NATIONAL PARK SYSTEM

For expenses necessary for the management, operation, and maintenance of areas and facilities administered by the National

Park Service (including special road maintenance service to trucking

permittees on a reimbursable basis), and for the general administration of the National Park Service, including not to exceed $1,593,000

for the Volunteers-in-Parks program, and not less than $1,000,000

for high priority projects within the scope of the approved budget

which shall be carried out by the Youth Conservation Corps as

authorized by the Act of August 13, 1970, as amended by Public

Law 93–408, $1,083,151,000, without regard to the Act of August

24, 1912, as amended (16 U.S.C. 451), of which not to exceed

$72,000,000, to remain available until expended is to be derived
H. R. 1977—8

from the special fee account established pursuant to title V, section

5201, of Public Law 100–203, and of which not more than $500,000

shall be available for development of the National Park Service’s

management plan for the Mojave National Preserve: Provided, That

these funds shall be strictly limited to the development activities

for the Preserve’s management plan.

NATIONAL RECREATION AND PRESERVATION

For expenses necessary to carry out recreation programs, natural programs, cultural programs, environmental compliance and

review, international park affairs, statutory or contractual aid for

other activities, and grant administration, not otherwise provided

for, $37,649,000: Provided, That $236,000 of the funds provided

herein are for the William O. Douglas Outdoor Education Center,

subject to authorization.

HISTORIC PRESERVATION FUND

For expenses necessary in carrying out the provisions of the

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

U.S.C. 470), $36,212,000, to be derived from the Historic Preservation Fund, established by section 108 of that Act, as amended,

to remain available for obligation until September 30, 1997.

CONSTRUCTION

For construction, improvements, repair or replacement of physical facilities, $143,225,000, to remain available until expended:

Provided, That not to exceed $4,500,000 of the funds provided

herein shall be paid to the Army Corps of Engineers for modifications authorized by section 104 of the Everglades National Park

Protection and Expansion Act of 1989: Provided further, That funds

provided under this head, derived from the Historic Preservation

Fund, established by the Historic Preservation Act of 1966 (80

Stat. 915), as amended (16 U.S.C. 470), may be available until

expended to render sites safe for visitors and for building stabilization.

LAND AND WATER CONSERVATION FUND

(RESCISSION)

The contract authority provided for fiscal year 1996 by 16

U.S.C. 460l–10a is rescinded.

LAND ACQUISITION AND STATE ASSISTANCE

For expenses necessary to carry out the provisions of the Land

and Water Conservation Fund Act of 1965, as amended (16 U.S.C.

460l–4–11), including administrative expenses, and for acquisition

of lands or waters, or interest therein, in accordance with statutory

authority applicable to the National Park Service, $49,100,000,

to be derived from the Land and Water Conservation Fund, to

remain available until expended, and of which $1,500,000 is to

administer the State assistance program: Provided, That any funds

made available for the purpose of acquisition of the Elwha and

Glines dams shall be used solely for acquisition, and shall not
H. R. 1977—9

be expended until the full purchase amount has been appropriated

by the Congress.

ADMINISTRATIVE PROVISIONS

Appropriations for the National Park Service shall be available

for the purchase of not to exceed 518 passenger motor vehicles,

of which 323 shall be for replacement only, including not to exceed

411 for police-type use, 12 buses, and 5 ambulances: Provided,

That none of the funds appropriated to the National Park Service

may be used to process any grant or contract documents which

do not include the text of 18 U.S.C. 1913: Provided further, That

none of the funds appropriated to the National Park Service may

be used to implement an agreement for the redevelopment of the

southern end of Ellis Island until such agreement has been submitted to the Congress and shall not be implemented prior to the

expiration of 30 calendar days (not including any day in which

either House of Congress is not in session because of adjournment

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

by the Speaker of the House of Representatives and the President

of the Senate of a full and comprehensive report on the development

of the southern end of Ellis Island, including the facts and circumstances relied upon in support of the proposed project.

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

Park Service for activities taken in direct response to the United

Nations Biodiversity Convention.

The National Park Service may enter into cooperative agreements that involve the transfer of National Park Service appropriated funds to State, local and tribal governments, other public

entities, educational institutions, and private nonprofit organizations for the public purpose of carrying out National Park Service

programs.

The National Park Service shall, within existing funds, conduct

a Feasibility Study for a northern access route into Denali National

Park and Preserve in Alaska, to be completed within one year

of the enactment of this Act and submitted to the House and

Senate Committees on Appropriations and to the Senate Committee

on Energy and Natural Resources and the House Committee on

Resources. The Feasibility Study shall ensure that resource impacts

from any plan to create such access route are evaluated with

accurate information and according to a process that takes into

consideration park values, visitor needs, a full range of alternatives,

the viewpoints of all interested parties, including the tourism industry and the State of Alaska, and potential needs for compliance

with the National Environmental Policy Act. The Study shall also

address the time required for development of alternatives and identify all associated costs.

This Feasibility Study shall be conducted solely by the National

Park Service planning personnel permanently assigned to National

Park Service offices located in the State of Alaska in consultation

with the State of Alaska Department of Transportation.

UNITED STATES GEOLOGICAL SURVEY

SURVEYS, INVESTIGATIONS, AND RESEARCH

For expenses necessary for the United States Geological Survey

to perform surveys, investigations, and research covering topog-
H. R. 1977—10

raphy, geology, hydrology, and the mineral and water resources

of the United States, its Territories and possessions, and other

areas as authorized by law (43 U.S.C. 31, 1332 and 1340); classify

lands as to their mineral and water resources; give engineering

supervision to power permittees and Federal Energy Regulatory

Commission licensees; administer the minerals exploration program

(30 U.S.C. 641); and publish and disseminate data relative to the

foregoing activities; and to conduct inquiries into the economic

conditions affecting mining and materials processing industries (30

U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) and related purposes

as authorized by law and to publish and disseminate data;

$730,503,000, of which $62,130,000 shall be available for cooperation with States or municipalities for water resources investigations,

and of which $137,000,000 for resource research and the operations

of Cooperative Research Units shall remain available until September 30, 1997, and of which $16,000,000 shall remain available

until expended for conducting inquiries into the economic conditions

affecting mining and materials processing industries: Provided,

That no part of this appropriation shall be used to pay more

than one-half the cost of any topographic mapping or water

resources investigations carried on in cooperation with any State

or municipality: Provided further, That funds available herein for

resource research may be used for the purchase of not to exceed

61 passenger motor vehicles, of which 55 are for replacement only:

Provided further, That none of the funds available under this head

for resource research shall be used to conduct new surveys on

private property, including new aerial surveys for the designation

of habitat under the Endangered Species Act, except when it is

made known to the Federal official having authority to obligate

or expend such funds that the survey or research has been requested

and authorized in writing by the property owner or the owner’s

authorized representative: Provided further, That none of the funds

provided herein for resource research may be used to administer

a volunteer program when it is made known to the Federal official

having authority to obligate or expend such funds that the volunteers are not properly trained or that information gathered by

the volunteers is not carefully verified: Provided further, That no

later than April 1, 1996, the Director of the United States Geological

Survey shall issue agency guidelines for resource research that

ensure that scientific and technical peer review is utilized as fully

as possible in selection of projects for funding and ensure the

validity and reliability of research and data collection on Federal

lands: Provided further, That no funds available for resource

research may be used for any activity that was not authorized

prior to the establishment of the National Biological Survey: Provided further, That once every five years the National Academy

of Sciences shall review and report on the resource research activities of the Survey: Provided further, That if specific authorizing

legislation is enacted during or before the start of fiscal year 1996,

the resource research component of the Survey should comply with

the provisions of that legislation: Provided further, That unobligated

and unexpended balances in the National Biological Survey,

Research, inventories and surveys account at the end of fiscal

year 1995, shall be merged with and made a part of the United

States Geological Survey, Surveys, investigations, and research

account and shall remain available for obligation until September

30, 1996: Provided further, That the authority granted to the United
H. R. 1977—11

States Bureau of Mines to conduct mineral surveys and to determine

mineral values by section 603 of Public Law 94–579 is hereby

transferred to, and vested in, the Director of the United States

Geological Survey.

ADMINISTRATIVE PROVISIONS

The amount appropriated for the United States Geological Survey shall be available for purchase of not to exceed 22 passenger

motor vehicles, for replacement only; reimbursement to the General

Services Administration for security guard services; contracting for

the furnishing of topographic maps and for the making of geophysical or other specialized surveys when it is administratively

determined that such procedures are in the public interest; construction and maintenance of necessary buildings and appurtenant facilities; acquisition of lands for gauging stations and observation wells;

expenses of the United States National Committee on Geology;

and payment of compensation and expenses of persons on the

rolls of the United States Geological Survey appointed, as authorized by law, to represent the United States in the negotiation

and administration of interstate compacts: Provided, That activities

funded by appropriations herein made may be accomplished through

the use of contracts, grants, or cooperative agreements as defined

in 31 U.S.C. 6302, et seq.

MINERALS MANAGEMENT SERVICE

ROYALTY AND OFFSHORE MINERALS MANAGEMENT

For expenses necessary for minerals leasing and environmental

studies, regulation of industry operations, and collection of royalties,

as authorized by law; for enforcing laws and regulations applicable

to oil, gas, and other minerals leases, permits, licenses and operating contracts; and for matching grants or cooperative agreements;

including the purchase of not to exceed eight passenger motor

vehicles for replacement only; $182,994,000, of which not less than

$70,105,000 shall be available for royalty management activities;

and an amount not to exceed $15,400,000 for the Technical Information Management System and Related Activities of the Outer Continental Shelf (OCS) Lands Activity, to be credited to this appropriation and to remain available until expended, from additions to

receipts resulting from increases to rates in effect on August 5,

1993, from rate increases to fee collections for OCS administrative

activities performed by the Minerals Management Service over and

above the rates in effect on September 30, 1993, and from additional

fees for OCS administrative activities established after September

30, 1993: Provided, That beginning in fiscal year 1996 and thereafter, fees for royalty rate relief applications shall be established

(and revised as needed) in Notices to Lessees, and shall be credited

to this account in the program areas performing the function, and

remain available until expended for the costs of administering the

royalty rate relief authorized by 43 U.S.C. 1337(a)(3): Provided

further, That $1,500,000 for computer acquisitions shall remain

available until September 30, 1997: Provided further, That funds

appropriated under this Act shall be available for the payment

of interest in accordance with 30 U.S.C. 1721 (b) and (d): Provided

further, That not to exceed $3,000 shall be available for reasonable

expenses related to promoting volunteer beach and marine cleanup
H. R. 1977—12

activities: Provided further, That notwithstanding any other provision of law, $15,000 under this head shall be available for refunds

of overpayments in connection with certain Indian leases in which

the Director of the Minerals Management Service concurred with

the claimed refund due, to pay amounts owed to Indian allottees

or Tribes, or to correct prior unrecoverable erroneous payments:

Provided further, That beginning in fiscal year 1996 and thereafter,

the Secretary shall take appropriate action to collect unpaid and

underpaid royalties and late payment interest owed by Federal

and Indian mineral lessees and other royalty payors on amounts

received in settlement or other resolution of disputes under, and

for partial or complete termination of, sales agreements for minerals

from Federal and Indian leases.

OIL SPILL RESEARCH

For necessary expenses to carry out the purposes of title I,

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

VIII, section 8201 of the Oil Pollution Act of 1990, $6,440,000,

which shall be derived from the Oil Spill Liability Trust Fund,

to remain available until expended.

BUREAU OF MINES

MINES AND MINERALS

For expenses necessary for, and incidental to, the closure of

the United States Bureau of Mines, $64,000,000, to remain available

until expended, of which not to exceed $5,000,000 may be used

for the completion and/or transfer of certain ongoing projects within

the United States Bureau of Mines, such projects to be identified

by the Secretary of the Interior within 90 days of enactment of

this Act: Provided, That there hereby are transferred to, and vested in, the Secretary of Energy: (1) the functions pertaining to the

promotion of health and safety in mines and the mineral industry

through research vested by law in the Secretary of the Interior

or the United States Bureau of Mines and performed in fiscal

year 1995 by the United States Bureau of Mines at its Pittsburgh

Research Center in Pennsylvania, and at its Spokane Research

Center in Washington; (2) the functions pertaining to the conduct

of inquiries, technological investigations and research concerning

the extraction, processing, use and disposal of mineral substances

vested by law in the Secretary of the Interior or the United States

Bureau of Mines and performed in fiscal year 1995 by the United

States Bureau of Mines under the minerals and materials science

programs at its Pittsburgh Research Center in Pennsylvania, and

at its Albany Research Center in Oregon; and (3) the functions

pertaining to mineral reclamation industries and the development

of methods for the disposal, control, prevention, and reclamation

of mineral waste products vested by law in the Secretary of the

Interior or the United States Bureau of Mines and performed in

fiscal year 1995 by the United States Bureau of Mines at its

Pittsburgh Research Center in Pennsylvania: Provided further,

That, if any of the same functions were performed in fiscal year

1995 at locations other than those listed above, such functions

shall not be transferred to the Secretary of Energy from those

other locations: Provided further, That the Director of the Office

of Management and Budget, in consultation with the Secretary
H. R. 1977—13

of Energy and the Secretary of the Interior, is authorized to make

such determinations as may be necessary with regard to the transfer

of functions which relate to or are used by the Department of

the Interior, or component thereof affected by this transfer of functions, and to make such dispositions of personnel, facilities, assets,

liabilities, contracts, property, records, and unexpended balances

of appropriations, authorizations, allocations, and other funds held,

used, arising from, available to or to be made available in connection

with, the functions transferred herein as are deemed necessary

to accomplish the purposes of this transfer: Provided further, That

all reductions in personnel complements resulting from the provisions of this Act shall, as to the functions transferred to the Secretary of Energy, be done by the Secretary of the Interior as

though these transfers had not taken place but had been required

of the Department of the Interior by all other provisions of this

Act before the transfers of function became effective: Provided further, That the transfers of function to the Secretary of Energy

shall become effective on the date specified by the Director of

the Office of Management and Budget, but in no event later than

90 days after enactment into law of this Act: Provided further,

That the reference to ‘‘function’’ includes, but is not limited to,

any duty, obligation, power, authority, responsibility, right, privilege, and activity, or the plural thereof, as the case may be.

ADMINISTRATIVE PROVISIONS

The Secretary is authorized to accept lands, buildings, equipment, other contributions, and fees from public and private sources,

and to prosecute projects using such contributions and fees in

cooperation with other Federal, State or private agencies: Provided,

That the Bureau of Mines is authorized, during the current fiscal

year, to sell directly or through any Government agency, including

corporations, any metal or mineral products that may be manufactured in pilot plants operated by the Bureau of Mines, and the

proceeds of such sales shall be covered into the Treasury as miscellaneous receipts: Provided further, That notwithstanding any

other provision of law, the Secretary is authorized to convey, without

reimbursement, title and all interest of the United States in property and facilities of the United States Bureau of Mines in Juneau,

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

Alabama, to the University of Alabama; in Rolla, Missouri, to the

University of Missouri-Rolla; and in other localities to such university or government entities as the Secretary deems appropriate.

OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

REGULATION AND TECHNOLOGY

For necessary expenses to carry out the provisions of the Surface Mining Control and Reclamation Act of 1977, Public Law

95–87, as amended, including the purchase of not to exceed 15

passenger motor vehicles for replacement only; $95,470,000, and

notwithstanding 31 U.S.C. 3302, an additional amount shall be

credited to this account, to remain available until expended, from

performance bond forfeitures in fiscal year 1996: Provided, That

notwithstanding any other provision of law, the Secretary of the

Interior, pursuant to regulations, may utilize directly or through

grants to States, moneys collected in fiscal year 1996 pursuant
H. R. 1977—14

to the assessment of civil penalties under section 518 of the Surface

Mining Control and Reclamation Act of 1977 (30 U.S.C. 1268),

to reclaim lands adversely affected by coal mining practices after

August 3, 1977, to remain available until expended: Provided further, That notwithstanding any other provision of law, appropriations for the Office of Surface Mining Reclamation and Enforcement

may provide for the travel and per diem expenses of State and

tribal personnel attending Office of Surface Mining Reclamation

and Enforcement sponsored training.

ABANDONED MINE RECLAMATION FUND

For necessary expenses to carry out the provisions of title

IV of the Surface Mining Control and Reclamation Act of 1977,

Public Law 95–87, as amended, including the purchase of not more

than 22 passenger motor vehicles for replacement only,

$173,887,000, to be derived from receipts of the Abandoned Mine

Reclamation Fund and to remain available until expended: Provided, That grants to minimum program States will be $1,500,000

per State in fiscal year 1996: Provided further, That of the funds

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

program authorized by section 410 of Public Law 95–87, as

amended, of which no more than 25 per centum shall be used

for emergency reclamation projects in any one State and funds

for Federally-administered emergency reclamation projects under

this proviso shall not exceed $11,000,000: Provided further, That

prior year unobligated funds appropriated for the emergency reclamation program shall not be subject to the 25 per centum limitation per State and may be used without fiscal year limitation

for emergency projects: Provided further, That pursuant to Public

Law 97–365, the Department of the Interior is authorized to utilize

up to 20 per centum from the recovery of the delinquent debt

owed to the United States Government to pay for contracts to

collect these debts: Provided further, That funds made available

to States under title IV of Public Law 95–87 may be used, at

their discretion, for any required non-Federal share of the cost

of projects funded by the Federal Government for the purpose

of environmental restoration related to treatment or abatement

of acid mine drainage from abandoned mines: Provided further,

That such projects must be consistent with the purposes and priorities of the Surface Mining Control and Reclamation Act.

BUREAU OF INDIAN AFFAIRS

OPERATION OF INDIAN PROGRAMS

For operation of Indian programs by direct expenditure, contracts, cooperative agreements, compacts, and grants including

expenses necessary to provide education and welfare services for

Indians, either directly or in cooperation with States and other

organizations, including payment of care, tuition, assistance, and

other expenses of Indians in boarding homes, or institutions, or

schools; grants and other assistance to needy Indians; maintenance

of law and order; management, development, improvement, and

protection of resources and appurtenant facilities under the jurisdiction of the Bureau of Indian Affairs, including payment of irrigation

assessments and charges; acquisition of water rights; advances

for Indian industrial and business enterprises; operation of Indian
H. R. 1977—15

arts and crafts shops and museums; development of Indian arts

and crafts, as authorized by law; for the general administration

of the Bureau of Indian Affairs, including such expenses in field

offices; maintaining of Indian reservation roads as defined in section

101 of title 23, United States Code; and construction, repair, and

improvement of Indian housing, $1,384,434,000, of which not to

exceed $100,255,000 shall be for welfare assistance grants and

not to exceed $104,626,000 shall be for payments to tribes and

tribal organizations for contract support costs associated with

ongoing contracts or grants or compacts entered into with the

Bureau of Indian Affairs prior to fiscal year 1996, as authorized

by the Indian Self-Determination Act of 1975, as amended, and

up to $5,000,000 shall be for the Indian Self-Determination Fund,

which shall be available for the transitional cost of initial or

expanded tribal contracts, grants, compacts, or cooperative agreements with the Bureau of Indian Affairs under the provisions

of the Indian Self-Determination Act; and of which not to exceed

$330,711,000 for school operations costs of Bureau-funded schools

and other education programs shall become available for obligation

on July 1, 1996, and shall remain available for obligation until

September 30, 1997; and of which not to exceed $68,209,000 for

higher education scholarships, adult vocational training, and assistance to public schools under the Act of April 16, 1934 (48 Stat.

596), as amended (25 U.S.C. 452 et seq.), shall remain available

for obligation until September 30, 1997; and of which not to exceed

$71,854,000 shall remain available until expended for housing

improvement, road maintenance, attorney fees, litigation support,

self-governance grants, the Indian Self-Determination Fund, and

the Navajo-Hopi Settlement Program: Provided, That tribes and

tribal contractors may use their tribal priority allocations for unmet

indirect costs of ongoing contracts, grants or compact agreements:

Provided further, That funds made available to tribes and tribal

organizations through contracts or grants obligated during fiscal

year 1996, as authorized by the Indian Self-Determination Act

of 1975 (88 Stat. 2203; 25 U.S.C. 450 et seq.), or grants authorized

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

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

or grantee: Provided further, That to provide funding uniformity

within a Self-Governance Compact, any funds provided in this

Act with availability for more than one year may be reprogrammed

to one year availability but shall remain available within the Compact until expended: Provided further, That notwithstanding any

other provision of law, Indian tribal governments may, by appropriate changes in eligibility criteria or by other means, change

eligibility for general assistance or change the amount of general

assistance payments for individuals within the service area of such

tribe who are otherwise deemed eligible for general assistance payments so long as such changes are applied in a consistent manner

to individuals similarly situated: Provided further, That any savings

realized by such changes shall be available for use in meeting

other priorities of the tribes: Provided further, That any net increase

in costs to the Federal Government which result solely from tribally

increased payment levels for general assistance shall be met exclusively from funds available to the tribe from within its tribal priority

allocation: Provided further, That any forestry funds allocated to

a tribe which remain unobligated as of September 30, 1996, may

be transferred during fiscal year 1997 to an Indian forest land
H. R. 1977—16

assistance account established for the benefit of such tribe within

the tribe’s trust fund account: Provided further, That any such unobligated balances not so transferred shall expire on September

30, 1997: Provided further, That notwithstanding any other provi- sion of law, no funds available to the Bureau of Indian Affairs,

other than the amounts provided herein for assistance to public

schools under the Act of April 16, 1934 (48 Stat. 596), as amended

(25 U.S.C. 452 et seq.), shall be available to support the operation

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

fiscal year 1996: Provided further, That funds made available in

this or any other Act for expenditure through September 30, 1997

for schools funded by the Bureau of Indian Affairs shall be available

only to the schools which are in the Bureau of Indian Affairs

school system as of September 1, 1995: Provided further, That

no funds available to the Bureau of Indian Affairs shall be used

to support expanded grades for any school beyond the grade structure in place at each school in the Bureau of Indian Affairs school

system as of October 1, 1995: Provided further, That notwithstanding the provisions of 25 U.S.C. 2011(h)(1)(B) and (c), upon the

recommendation of a local school board for a Bureau of Indian

Affairs operated school, the Secretary shall establish rates of basic

compensation or annual salary rates for the positions of teachers

and counselors (including dormitory and homeliving counselors)

at the school at a level not less than that for comparable positions

in public school districts in the same geographic area, to become

effective on July 1, 1997: Provided further, That of the funds available only through September 30, 1995, not to exceed $8,000,000

in unobligated and unexpended balances in the Operation of Indian

Programs account shall be merged with and made a part of the

fiscal year 1996 Operation of Indian Programs appropriation, and

shall remain available for obligation for employee severance, relocation, and related expenses, until March 31, 1996.

CONSTRUCTION

For construction, major repair, and improvement of irrigation and power systems, buildings, utilities, and other facilities, including architectural and engineering services by contract; acquisition

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

$100,833,000, to remain available until expended: Provided, That

such amounts as may be available for the construction of the

Navajo Indian Irrigation Project and for other water resource development activities related to the Southern Arizona Water Rights

Settlement Act may be transferred to the Bureau of Reclamation:

Provided further, That not to exceed 6 per centum of contract

authority available to the Bureau of Indian Affairs from the Federal

Highway Trust Fund may be used to cover the road program

management costs of the Bureau of Indian Affairs: Provided further,

That any funds provided for the Safety of Dams program pursuant

to 25 U.S.C. 13 shall be made available on a non-reimbursable

basis: Provided further, That for the fiscal year ending September 30, 1996, in implementing new construction or facilities improvement and repair project grants in excess of $100,000 that are

provided to tribally controlled grant schools under Public Law 100–

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

Administrative and Audit Requirements and Cost Principles for

Assistance Programs contained in 43 CFR part 12 as the regulatory

requirements: Provided further, That such grants shall not be sub-
H. R. 1977—17

ject to section 12.61 of 43 CFR; the Secretary and the grantee

shall negotiate and determine a schedule of payments for the work

to be performed: Provided further, That in considering applications,

the Secretary shall consider whether the Indian tribe or tribal

organization would be deficient in assuring that the construction

projects conform to applicable building standards and codes and

Federal, tribal, or State health and safety standards as required

by 25 U.S.C. 2005(a), with respect to organizational and financial

management capabilities: Provided further, That if the Secretary

declines an application, the Secretary shall follow the requirements

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

between the Secretary and any grantee concerning a grant shall

be subject to the disputes provision in 25 U.S.C. 2508(e).

INDIAN LAND AND WATER CLAIM SETTLEMENTS AND MISCELLANEOUS

PAYMENTS TO INDIANS

For miscellaneous payments to Indian tribes and individuals

and for necessary administrative expenses, $80,645,000, to remain

available until expended; of which $78,600,000 shall be available

for implementation of enacted Indian land and water claim settlements pursuant to Public Laws 87–483, 97–293, 101–618, 102–

374, 102–441, 102–575, and 103–116, and for implementation of

other enacted water rights settlements, including not to exceed

$8,000,000, which shall be for the Federal share of the Catawba

Indian Tribe of South Carolina Claims Settlement, as authorized

by section 5(a) of Public Law 103–116; and of which $1,045,000

shall be available pursuant to Public Laws 98–500, 99–264, and

100–580; and of which $1,000,000 shall be available (1) to liquidate

obligations owed tribal and individual Indian payees of any checks

canceled pursuant to section 1003 of the Competitive Equality Banking Act of 1987 (Public Law 100–86 (101 Stat. 659)), 31 U.S.C.

3334(b), (2) to restore to Individual Indian Monies trust funds,

Indian Irrigation Systems, and Indian Power Systems accounts

amounts invested in credit unions or defaulted savings and loan

associations and which were not Federally insured, and (3) to

reimburse Indian trust fund account holders for losses to their

respective accounts where the claim for said loss(es) has been

reduced to a judgment or settlement agreement approved by the

Department of Justice.

TECHNICAL ASSISTANCE OF INDIAN ENTERPRISES

For payment of management and technical assistance requests

associated with loans and grants approved under the Indian Financing Act of 1974, as amended, $500,000.

INDIAN GUARANTEED LOAN PROGRAM ACCOUNT

For the cost of guaranteed loans $4,500,000, as authorized

by the Indian Financing Act of 1974, as amended: Provided, That

such costs, including the cost of modifying such loans, shall be

as defined in section 502 of the Congressional Budget Act of 1974,

as amended: Provided further, That these funds are available to

subsidize total loan principal, any part of which is to be guaranteed,

not to exceed $35,914,000.

In addition, for administrative expenses necessary to carry

out the guaranteed loan program, $500,000.
H. R. 1977—18

ADMINISTRATIVE PROVISIONS

Appropriations for the Bureau of Indian Affairs shall be available for expenses of exhibits, and purchase of not to exceed 275

passenger carrying motor vehicles, of which not to exceed 215

shall be for replacement only.

TERRITORIAL AND INTERNATIONAL AFFAIRS

ASSISTANCE TO TERRITORIES

For expenses necessary for assistance to territories under the

jurisdiction of the Department of the Interior, $65,188,000, of which

(1) $61,661,000 shall be available until expended for technical

assistance, including maintenance assistance, disaster assistance,

insular management controls, and brown tree snake control and

research; grants to the judiciary in American Samoa for compensation and expenses, as authorized by law (48 U.S.C. 1661(c)); grants

to the Government of American Samoa, in addition to current

local revenues, for construction and support of governmental functions; grants to the Government of the Virgin Islands as authorized

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

and grants to the Government of the Northern Mariana Islands

as authorized by law (Public Law 94–241; 90 Stat. 272); and (2)

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

of Insular Affairs: Provided, That all financial transactions of the

territorial and local governments herein provided for, including

such transactions of all agencies or instrumentalities established

or utilized by such governments, may be audited by the General

Accounting Office, at its discretion, in accordance with chapter

35 of title 31, United States Code: Provided further, That Northern

Mariana Islands Covenant grant funding shall be provided according to those terms of the Agreement of the Special Representatives

on Future United States Financial Assistance for the Northern

Mariana Islands approved by Public Law 99–396, or any subsequent

legislation related to Commonwealth of the Northern Mariana

Islands Covenant grant funding: Provided further, That of the

amounts provided for technical assistance, sufficient funding shall

be made available for a grant to the Close Up Foundation: Provided

further, That the funds for the program of operations and maintenance improvement are appropriated to institutionalize routine

operations and maintenance of capital infrastructure in American

Samoa, Guam, the Virgin Islands, the Commonwealth of the Northern Mariana Islands, the Republic of Palau, the Republic of the

Marshall Islands, and the Federated States of Micronesia through

assessments of long-range operations and maintenance needs,

improved capability of local operations and maintenance institutions

and agencies (including management and vocational education

training), and project-specific maintenance (with territorial participation and cost sharing to be determined by the Secretary based

on the individual territory’s commitment to timely maintenance

of its capital assets): Provided further, That any appropriation for

disaster assistance under this head in this Act or previous appropriations Acts may be used as non-Federal matching funds for

the purpose of hazard mitigation grants provided pursuant to section 404 of the Robert T. Stafford Disaster Relief and Emergency

Assistance Act (42 U.S.C. 5170c).
H. R. 1977—19

COMPACT OF FREE ASSOCIATION

For economic assistance and necessary expenses for the Federated States of Micronesia and the Republic of the Marshall Islands

as provided for in sections 122, 221, 223, 232, and 233 of the

Compacts of Free Association, and for economic assistance and

necessary expenses for the Republic of Palau as provided for in

sections 122, 221, 223, 232, and 233 of the Compact of Free Association, $24,938,000, to remain available until expended, as authorized

by Public Law 99–239 and Public Law 99–658: Provided, That

notwithstanding section 112 of Public Law 101–219 (103 Stat. 1873),

the Secretary of the Interior may agree to technical changes in

the specifications for the project described in the subsidiary agreement negotiated under section 212(a) of the Compact of Free

Association, Public Law 99–658, or its annex, if the changes do

not result in increased costs to the United States.

DEPARTMENTAL OFFICES

DEPARTMENTAL MANAGEMENT

SALARIES AND EXPENSES

For necessary expenses for management of the Department

of the Interior, $57,796,000, of which not to exceed $7,500 may

be for official reception and representation expenses.

OFFICE OF THE SOLICITOR

SALARIES AND EXPENSES

For necessary expenses of the Office of the Solicitor,

$34,608,000.

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

For necessary expenses of the Office of Inspector General,

$23,939,000.

CONSTRUCTION MANAGEMENT

SALARIES AND EXPENSES

For necessary expenses of the Office of Construction Management, $500,000.

NATIONAL INDIAN GAMING COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the National Indian Gaming Commission, pursuant to Public Law 100–497, $1,000,000: Provided, That

on March 1, 1996, the Chairman shall submit to the Secretary

a report detailing those Indian tribes or tribal organizations with

gaming operations that are in full compliance, partial compliance,

or non-compliance with the provisions of the Indian Gaming Regulatory Act (25 U.S.C. 2701, et seq.): Provided further, That the
H. R. 1977—20

information contained in the report shall be updated on a continuing

basis.

OFFICE OF SPECIAL TRUSTEE FOR AMERICAN INDIANS

FEDERAL TRUST PROGRAMS

For operation of trust programs for Indians by direct expenditure, contracts, cooperative agreements, compacts, and grants,

$16,338,000, of which $15,891,000 shall remain available until

expended for trust funds management: Provided, That funds made

available to tribes and tribal organizations through contracts or

grants obligated during fiscal year 1996, as authorized by the

Indian Self-Determination Act of 1975 (88 Stat. 2203; 25 U.S.C.

450 et seq.), shall remain available until expended by the contractor

or grantee: Provided further, That notwithstanding any other provision of law, the statute of limitations shall not commence to run

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

date of this Act, concerning losses to or mismanagement of trust

funds, until the affected tribe or individual Indian has been furnished with the accounting of such funds from which the beneficiary

can determine whether there has been a loss: Provided further,

That obligated and unobligated balances provided for trust funds

management within ‘‘Operation of Indian programs’’, Bureau of

Indian Affairs are hereby transferred to and merged with this

appropriation.

ADMINISTRATIVE PROVISIONS

There is hereby authorized for acquisition from available

resources within the Working Capital Fund, 15 aircraft, 10 of which

shall be for replacement and which may be obtained by donation,

purchase or through available excess surplus property: Provided,

That notwithstanding any other provision of law, existing aircraft

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

used to offset the purchase price for the replacement aircraft: Provided further, That no programs funded with appropriated funds

in ‘‘Departmental Management’’, ‘‘Office of the Solicitor’’, and ‘‘Office

of Inspector General’’ may be augmented through the Working

Capital Fund or the Consolidated Working Fund.

GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

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

for expenditure or transfer (within each bureau or office), with

the approval of the Secretary, for the emergency reconstruction,

replacement, or repair of aircraft, buildings, utilities, or other facilities or equipment damaged or destroyed by fire, flood, storm, or

other unavoidable causes: Provided, That no funds shall be made

available under this authority until funds specifically made available to the Department of the Interior for emergencies shall have

been exhausted: Provided further, That all funds used pursuant

to this section are hereby designated by Congress to be ‘‘emergency

requirements’’ pursuant to section 251(b)(2)(D) of the Balanced

Budget and Emergency Deficit Control Act of 1985 and must be

replenished by a supplemental appropriation which must be

requested as promptly as possible.
H. R. 1977—21

SEC. 102. The Secretary may authorize the expenditure or

transfer of any no year appropriation in this title, in addition

to the amounts included in the budget programs of the several

agencies, for the suppression or emergency prevention of forest

or range fires on or threatening lands under the jurisdiction of

the Department of the Interior; for the emergency rehabilitation

of burned-over lands under its jurisdiction; for emergency actions

related to potential or actual earthquakes, floods, volcanoes, storms,

or other unavoidable causes; for contingency planning subsequent

to actual oilspills; response and natural resource damage assessment activities related to actual oilspills; for the prevention,

suppression, and control of actual or potential grasshopper and

Mormon cricket outbreaks on lands under the jurisdiction of the

Secretary, pursuant to the authority in section 1773(b) of Public

Law 99–198 (99 Stat. 1658); for emergency reclamation projects

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

any no year funds available to the Office of Surface Mining Reclamation and Enforcement, such funds as may be necessary to permit

assumption of regulatory authority in the event a primacy State

is not carrying out the regulatory provisions of the Surface Mining

Act: Provided, That appropriations made in this title for fire

suppression purposes shall be available for the payment of obligations incurred during the preceding fiscal year, and for reimbursement to other Federal agencies for destruction of vehicles, aircraft,

or other equipment in connection with their use for fire suppression

purposes, such reimbursement to be credited to appropriations currently available at the time of receipt thereof: Provided further,

That for emergency rehabilitation and wildfire suppression activities, no funds shall be made available under this authority until

funds appropriated to the ‘‘Emergency Department of the Interior

Firefighting Fund’’ shall have been exhausted: Provided further,

That all funds used pursuant to this section are hereby designated

by Congress to be ‘‘emergency requirements’’ pursuant to section

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

Act of 1985 and must be replenished by a supplemental appropriation which must be requested as promptly as possible: Provided

further, That such replenishment funds shall be used to reimburse,

on a pro rata basis, accounts from which emergency funds were

transferred.

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

for operation of warehouses, garages, shops, and similar facilities,

wherever consolidation of activities will contribute to efficiency or

economy, and said appropriations shall be reimbursed for services

rendered to any other activity in the same manner as authorized

by sections 1535 and 1536 of title 31, United States Code: Provided,

That reimbursements for costs and supplies, materials, equipment,

and for services rendered may be credited to the appropriation

current at the time such reimbursements are received.

SEC. 104. Appropriations made to the Department of the

Interior in this title shall be available for services as authorized

by 5 U.S.C. 3109, when authorized by the Secretary, in total amount

not to exceed $500,000; hire, maintenance, and operation of aircraft;

hire of passenger motor vehicles; purchase of reprints; payment

for telephone service in private residences in the field, when authorized under regulations approved by the Secretary; and the payment

of dues, when authorized by the Secretary, for library membership

in societies or associations which issue publications to members
H. R. 1977—22

only or at a price to members lower than to subscribers who

are not members.

SEC. 105. Appropriations available to the Department of the

Interior for salaries and expenses shall be available for uniforms

or allowances therefor, as authorized by law (5 U.S.C. 5901–5902

and D.C. Code 4–204).

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

for obligation in connection with contracts issued for services or

rentals for periods not in excess of twelve months beginning at

any time during the fiscal year.

SEC. 107. Appropriations made in this title from the Land

and Water Conservation Fund for acquisition of lands and waters,

or interests therein, shall be available for transfer, with the

approval of the Secretary, between the following accounts: Bureau

of Land Management, Land acquisition, United States Fish and

Wildlife Service, Land acquisition, and National Park Service, Land

acquisition and State assistance. Use of such funds are subject

to the reprogramming guidelines of the House and Senate Committees on Appropriations.

SEC. 108. Prior to the transfer of Presidio properties to the

Presidio Trust, when authorized, the Secretary may not obligate

in any calendar month more than 1⁄12 of the fiscal year 1996

appropriation for operation of the Presidio: Provided, That this

section shall expire on December 31, 1995.

SEC. 109. Section 6003 of Public Law 101–380 is hereby

repealed.

SEC. 110. None of the funds appropriated or otherwise made

available by this Act may be obligated or expended by the Secretary

of the Interior for developing, promulgating, and thereafter

implementing a rule concerning rights-of-way under section 2477

of the Revised Statutes.

SEC. 111. No funds provided in this title may be expended

by the Department of the Interior for the conduct of offshore leasing

and related activities placed under restriction in the President’s

moratorium statement of June 26, 1990, in the areas of Northern,

Central, and Southern California; the North Atlantic; Washington

and Oregon; and the Eastern Gulf of Mexico south of 26 degrees

north latitude and east of 86 degrees west longitude.

SEC. 112. No funds provided in this title may be expended

by the Department of the Interior for the conduct of leasing, or

the approval or permitting of any drilling or other exploration

activity, on lands within the North Aleutian Basin planning area.

SEC. 113. No funds provided in this title may be expended

by the Department of the Interior for the conduct of preleasing

and leasing activities in the Eastern Gulf of Mexico for Outer

Continental Shelf Lease Sale 151 in the Outer Continental Shelf

Natural Gas and Oil Resource Management Comprehensive Program, 1992–1997.

SEC. 114. No funds provided in this title may be expended

by the Department of the Interior for the conduct of preleasing

and leasing activities in the Atlantic for Outer Continental Shelf

Lease Sale 164 in the Outer Continental Shelf Natural Gas and

Oil Resource Management Comprehensive Program, 1992–1997.

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

subsequent Act providing for appropriations in fiscal years 1996

and 1997, not more than 50 percent of any self-governance funds

that would otherwise be allocated to each Indian tribe in the State
H. R. 1977—23

of Washington shall actually be paid to or on account of such

Indian tribe from and after the time at which such tribe shall—

(1) take unilateral action that adversely impacts the existing rights to and/or customary uses of, nontribal member owners of fee simple land within the exterior boundary of the

tribe’s reservation to water, electricity, or any other similar

utility or necessity for the nontribal members’ residential use

of such land; or

(2) restrict or threaten to restrict said owners use of or

access to publicly maintained rights-of-way necessary or desirable in carrying the utilities or necessities described above.

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

actions with respect to such rights or the enforcement of any final

judgments, appeals from which have been exhausted, with respect

thereto.

SEC. 116. Within 30 days after the enactment of this Act,

the Department of the Interior shall issue a specific schedule for

the completion of the Lake Cushman Land Exchange Act (Public

Law 102–436) and shall complete the exchange not later than

September 30, 1996.

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

the National Park Service is authorized to expend appropriated

funds for maintenance and repair of the Company Creek Road

in the Lake Chelan National Recreation Area: Provided, That appropriated funds shall not be expended for the purpose of improving

the property of private individuals unless specifically authorized

by law.

SEC. 118. Section 4(b) of Public Law 94–241 (90 Stat. 263)

as added by section 10 of Public Law 99–396 is amended by deleting

‘‘until Congress otherwise provides by law.’’ and inserting in lieu

thereof: ‘‘except that, for fiscal years 1996 through 2002, payments

to the Commonwealth of the Northern Mariana Islands pursuant

to the multi-year funding agreements contemplated under the Covenant shall be $11,000,000 annually, subject to an equal local

match and all other requirements set forth in the Agreement of

the Special Representatives on Future Federal Financial Assistance

of the Northern Mariana Islands, executed on December 17, 1992

between the special representative of the President of the United

States and special representatives of the Governor of the Northern

Mariana Islands with any additional amounts otherwise made available under this section in any fiscal year and not required to

meet the schedule of payments in this subsection to be provided

as set forth in subsection (c) until Congress otherwise provides

by law.

‘‘(c) The additional amounts referred to in subsection (b) shall

be made available to the Secretary for obligation as follows:

‘‘(1) for fiscal years 1996 through 2001, $4,580,000 annually

for capital infrastructure projects as Impact Aid for Guam

under section 104(c)(6) of Public Law 99–239;

‘‘(2) for fiscal year 1996, $7,700,000 shall be provided for

capital infrastructure projects in American Samoa; $4,420,000

for resettlement of Rongelap Atoll; and

‘‘(3) for fiscal years 1997 and thereafter, all such amounts

shall be available solely for capital infrastructure projects in

Guam, the Virgin Islands, American Samoa, the Commonwealth

of the Northern Mariana Islands, the Republic of Palau, the
H. R. 1977—24

Federated States of Micronesia and the Republic of the Marshall Islands: Provided, That, in fiscal year 1997, $3,000,000

of such amounts shall be made available to the College of

the Northern Marianas and beginning in fiscal year 1997, and

in each year thereafter, not to exceed $3,000,000 may be allocated, as provided in appropriations Acts, to the Secretary

of the Interior for use by Federal agencies or the Commonwealth of the Northern Mariana Islands to address immigration, labor, and law enforcement issues in the Northern Mariana Islands. The specific projects to be funded in American

Samoa shall be set forth in a five-year plan for infrastructure

assistance developed by the Secretary of the Interior in consultation with the American Samoa Government and updated

annually and submitted to the Congress concurrent with the

budget justifications for the Department of the Interior. In

developing budget recommendations for capital infrastructure

funding, the Secretary shall indicate the highest priority

projects, consider the extent to which particular projects are

part of an overall master plan, whether such project has been

reviewed by the Corps of Engineers and any recommendations

made as a result of such review, the extent to which a setaside for maintenance would enhance the life of the project,

the degree to which a local cost-share requirement would be

consistent with local economic and fiscal capabilities, and may

propose an incremental set-aside, not to exceed $2,000,000 per

year, to remain available without fiscal year limitation, as

an emergency fund in the event of natural or other disasters

to supplement other assistance in the repair, replacement, or

hardening of essential facilities: Provided further, That the

cumulative amount set aside for such emergency fund may

not exceed $10,000,000 at any time.

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

to this section, and subject to the specific allocations made in

subsection (c), additional contributions may be made, as set forth

in appropriations Acts, to assist in the resettlement of Rongelap

Atoll: Provided, That the total of all contributions from any Federal

source after enactment of this Act may not exceed $32,000,000

and shall be contingent upon an agreement, satisfactory to the

President, that such contributions are a full and final settlement

of all obligations of the United States to assist in the resettlement

of Rongelop Atoll and that such funds will be expended solely

on resettlement activities and will be properly audited and

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

manner, each Federal agency providing assistance or services, or

conducting activities, in the Republic of the Marshall Islands, is

authorized to make funds available through the Secretary of the

Interior, to assist in the resettlement of Rongelap. Nothing in

this subsection shall be construed to limit the provision of ex

gratia assistance pursuant to section 105(c)(2) of the Compact of

Free Association Act of 1985 (Public Law 99–239, 99 Stat. 1770,

1792) including for individuals choosing not to resettle at Rongelap,

except that no such assistance for such individuals may be provided

until the Secretary notifies the Congress that the full amount

of all funds necessary for resettlement at Rongelap has been provided.’’.
H. R. 1977—25

TITLE II—RELATED AGENCIES

DEPARTMENT OF AGRICULTURE

FOREST SERVICE

FOREST RESEARCH

For necessary expenses of forest research as authorized by

law, $178,000,000, to remain available until September 30, 1997.

STATE AND PRIVATE FORESTRY

For necessary expenses of cooperating with, and providing technical and financial assistance to States, Territories, possessions,

and others and for forest pest management activities, cooperative

forestry and education and land conservation activities,

$136,794,000, to remain available until expended, as authorized

by law.

NATIONAL FOREST SYSTEM

For necessary expenses of the Forest Service, not otherwise

provided for, for management, protection, improvement, and utilization of the National Forest System, for ecosystem planning, inventory, and monitoring, and for administrative expenses associated

with the management of funds provided under the heads ‘‘Forest

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

‘‘Construction’’, ‘‘Fire Protection and Emergency Suppression’’, and

‘‘Land Acquisition’’, $1,256,253,000, to remain available for obligation until September 30, 1997, and including 65 per centum of

all monies received during the prior fiscal year as fees collected

under the Land and Water Conservation Fund Act of 1965, as

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

6a(i)): Provided, That unobligated and unexpended balances in the

National Forest System account at the end of fiscal year 1995,

shall be merged with and made a part of the fiscal year 1996

National Forest System appropriation, and shall remain available

for obligation until September 30, 1997: Provided further, That

up to $5,000,000 of the funds provided herein for road maintenance

shall be available for the planned obliteration of roads which are

no longer needed.

WILDLAND FIRE MANAGEMENT

For necessary expenses for forest fire presuppression activities

on National Forest System lands, for emergency fire suppression

on or adjacent to National Forest System lands or other lands

under fire protection agreement, and for emergency rehabilitation

of burned over National Forest System lands, $385,485,000, to

remain available until expended: Provided, That unexpended balances of amounts previously appropriated under any other headings

for Forest Service fire activities may be transferred to and merged

with this appropriation: Provided further, That such funds are

available for repayment of advances from other appropriations

accounts previously transferred for such purposes.
H. R. 1977—26

CONSTRUCTION

For necessary expenses of the Forest Service, not otherwise

provided for, $163,500,000, to remain available until expended,

for construction and acquisition of buildings and other facilities,

and for construction and repair of forest roads and trails by the

Forest Service as authorized by 16 U.S.C. 532–538 and 23 U.S.C.

101 and 205: Provided, That funds becoming available in fiscal

year 1996 under the Act of March 4, 1913 (16 U.S.C. 501) shall

be transferred to the General Fund of the Treasury of the United

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

available until expended, may be obligated for the construction

of forest roads by timber purchasers: Provided further, That

$2,500,000 of the funds appropriated herein shall be available for

a grant to the ‘‘Non-Profit Citizens for the Columbia Gorge Discovery Center’’ for the construction of the Columbia Gorge Discovery

Center: Provided further, That the Forest Service is authorized

to grant the unobligated balance of funds appropriated in fiscal

year 1995 for the construction of the Columbia Gorge Discovery

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

Center’’ to be used for the same purpose: Provided further, That

the Forest Service is authorized to convey the land needed for

the construction of the Columbia Gorge Discovery Center without

cost to the ‘‘Non-Profit Citizens for the Columbia Gorge Discovery

Center’’: Provided further, That notwithstanding any other provision

of law, funds originally appropriated under this head in Public

Law 101–512 for the Forest Service share of a new research facility

at the University of Missouri, Columbia, shall be available for

a grant to the University of Missouri, as the Federal share in

the construction of the new facility: Provided further, That agreed

upon lease of space in the new facility shall be provided to the

Forest Service without charge for the life of the building.

LAND ACQUISITION

For expenses necessary to carry out the provisions of the Land

and Water Conservation Fund Act of 1965, as amended (16 U.S.C.

460l–4–11), including administrative expenses, and for acquisition

of land or waters, or interest therein, in accordance with statutory

authority applicable to the Forest Service, $41,200,000, to be derived

from the Land and Water Conservation Fund, to remain available

until expended.

ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL ACTS

For acquisition of lands within the exterior boundaries of the

Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe

National Forest, Nevada; and the Angeles, San Bernardino, Sequoia,

and Cleveland National Forests, California, as authorized by law,

$1,069,000, to be derived from forest receipts.

ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES

For acquisition of lands, to be derived from funds deposited

by State, county, or municipal governments, public school districts,

or other public school authorities pursuant to the Act of December

4, 1967, as amended (16 U.S.C. 484a), to remain available until

expended.
H. R. 1977—27

RANGE BETTERMENT FUND

For necessary expenses of range rehabilitation, protection, and improvement, 50 per centum of all moneys received during the

prior fiscal year, as fees for grazing domestic livestock on lands

in National Forests in the sixteen Western States, pursuant to

section 401(b)(1) of Public Law 94–579, as amended, to remain

available until expended, of which not to exceed 6 per centum

shall be available for administrative expenses associated with onthe-ground range rehabilitation, protection, and improvements.

GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND RANGELAND

RESEARCH

For expenses authorized by 16 U.S.C. 1643(b), $92,000, to remain available until expended, to be derived from the fund established pursuant to the above Act.

ADMINISTRATIVE PROVISIONS, FOREST SERVICE

Appropriations to the Forest Service for the current fiscal year shall be available for: (a) purchase of not to exceed 183 passenger

motor vehicles of which 32 will be used primarily for law enforcement purposes and of which 151 shall be for replacement; acquisition of 22 passenger motor vehicles from excess sources, and hire

of such vehicles; operation and maintenance of aircraft, the purchase

of not to exceed two for replacement only, and acquisition of 20

aircraft from excess sources; notwithstanding other provisions of

law, existing aircraft being replaced may be sold, with proceeds

derived or trade-in value used to offset the purchase price for

the replacement aircraft; (b) services pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225),

and not to exceed $100,000 for employment under 5 U.S.C. 3109;

(c) purchase, erection, and alteration of buildings and other public

improvements (7 U.S.C. 2250); (d) acquisition of land, waters, and

interests therein, pursuant to the Act of August 3, 1956 (7 U.S.C.

428a); (e) for expenses pursuant to the Volunteers in the National

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

for debt collection contracts in accordance with 31 U.S.C. 3718(c).

None of the funds made available under this Act shall be

obligated or expended to change the boundaries of any region,

to abolish any region, to move or close any regional office for

research, State and private forestry, or National Forest System

administration of the Forest Service, Department of Agriculture,

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

of organizational restructuring of the Forest Service, other than

the relocation of the Regional Office for Region 5 of the Forest

Service from San Francisco to excess military property at Mare

Island, Vallejo, California, without the consent of the House and

Senate Committees on Appropriations and the Committee on Agriculture, Nutrition, and Forestry and the Committee on Energy

and Natural Resources in the United States Senate and the

Committee on Agriculture and the Committee on Resources in

the United States House of Representatives.

Any appropriations or funds available to the Forest Service

may be advanced to the Fire and Emergency Suppression appropriation and may be used for forest firefighting and the emergency

rehabilitation of burned-over lands under its jurisdiction: Provided,
H. R. 1977—28

That no funds shall be made available under this authority until

funds appropriated to the ‘‘Emergency Forest Service Firefighting

Fund’’ shall have been exhausted.

Any funds available to the Forest Service may be used for

retrofitting Mare Island facilities to accommodate the relocation:

Provided, That funds for the move must come from funds otherwise

available to Region 5: Provided further, That any funds to be

provided for such purposes shall only be available upon approval

of the House and Senate Committees on Appropriations.

Funds appropriated to the Forest Service shall be available

for assistance to or through the Agency for International Development and the Foreign Agricultural Service in connection with forest

and rangeland research, technical information, and assistance in

foreign countries, and shall be available to support forestry and

related natural resource activities outside the United States and

its territories and possessions, including technical assistance, education and training, and cooperation with United States and international organizations.

None of the funds made available to the Forest Service under

this Act shall be subject to transfer under the provisions of section

702(b) of the Department of Agriculture Organic Act of 1944 (7

U.S.C. 2257) or 7 U.S.C. 147b unless the proposed transfer is

approved in advance by the House and Senate Committees on

Appropriations in compliance with the reprogramming procedures

contained in House Report 103–551.

No funds appropriated to the Forest Service shall be transferred

to the Working Capital Fund of the Department of Agriculture

without the approval of the Chief of the Forest Service.

Notwithstanding any other provision of law, any appropriations

or funds available to the Forest Service may be used to disseminate

program information to private and public individuals and organizations through the use of nonmonetary items of nominal value and

to provide nonmonetary awards of nominal value and to incur

necessary expenses for the nonmonetary recognition of private

individuals and organizations that make contributions to Forest

Service programs.

Notwithstanding any other provision of law, money collected,

in advance or otherwise, by the Forest Service under authority

of section 101 of Public Law 93–153 (30 U.S.C. 185(1)) as reimbursement of administrative and other costs incurred in processing pipeline right-of-way or permit applications and for costs incurred in

monitoring the construction, operation, maintenance, and termination of any pipeline and related facilities, may be used to

reimburse the applicable appropriation to which such costs were

originally charged.

Funds available to the Forest Service shall be available to

conduct a program of not less than $1,000,000 for high priority

projects within the scope of the approved budget which shall be

carried out by the Youth Conservation Corps as authorized by

the Act of August 13, 1970, as amended by Public Law 93–408.

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

timber sale preparation using clearcutting in hardwood stands in

excess of 25 percent of the fiscal year 1989 harvested volume

in the Wayne National Forest, Ohio: Provided, That this limitation

shall not apply to hardwood stands damaged by natural disaster:

Provided further, That landscape architects shall be used to maintain a visually pleasing forest.
H. R. 1977—29

Any money collected from the States for fire suppression assistance rendered by the Forest Service on non-Federal lands not

in the vicinity of National Forest System lands shall be used to

reimburse the applicable appropriation and shall remain available

until expended as the Secretary may direct in conducting activities

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

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

to the Chief of the Forest Service for official reception and representation expenses.

Notwithstanding any other provision of law, the Forest Service

is authorized to employ or otherwise contract with persons at regular rates of pay, as determined by the Service, to perform work

occasioned by emergencies such as fires, storms, floods, earthquakes

or any other unavoidable cause without regard to Sundays, Federal

holidays, and the regular workweek.

To the greatest extent possible, and in accordance with the

Final Amendment to the Shawnee National Forest Plan, none of

the funds available in this Act shall be used for preparation of

timber sales using clearcutting or other forms of even aged management in hardwood stands in the Shawnee National Forest, Illinois.

Funds appropriated to the Forest Service shall be available

for interactions with and providing technical assistance to rural

communities for sustainable rural development purposes.

Notwithstanding any other provision of law, eighty percent

of the funds appropriated to the Forest Service in the National

Forest System and Construction accounts and planned to be allocated to activities under the ‘‘Jobs in the Woods’’ program for

projects on National Forest land in the State of Washington may

be granted directly to the Washington State Department of Fish

and Wildlife for accomplishment of planned projects. Twenty percent

of said funds shall be retained by the Forest Service for planning

and administering projects. Project selection and prioritization shall

be accomplished by the Forest Service with such consultation with

the State of Washington as the Forest Service deems appropriate.

For fiscal years in 1996 and 1997, the Secretary shall continue the current Tongass Land Management Plan (TLMP) and may

accommodate commercial tourism (if an agreement is signed

between the Forest Service and the Alaska Visitors’ Association),

except that during this period, the Secretary shall maintain at

least the number of acres of suitable available and suitable scheduled timber lands, and Allowable Sale Quantity, as identified in

the Preferred Alternative (Alternative P) in the Tongass Land and

Resources Management Plan and Final Environmental Impact

Statement (dated October 1992) as selected in the Record of Decision

Review Draft #3–2/93. Nothing in this section, including the ASQ

identified in Alternative P, shall be construed to limit the Secretary’s consideration of new information or to prejudice the future

revision, amendment or modification of TLMP based upon sound,

verifiable scientific data.

If the Forest Service determines in a Supplemental Evaluation

to an Environmental Impact Statement that no additional analysis

under the National Environmental Policy Act or section 810 of

the Alaska National Interest Lands Conservation Act is necessary

for any timber sale or offering which has been prepared for acceptance by, or award to, a purchaser after December 31, 1988, that

has been subsequently determined by the Forest Service to be

available for sale or offering to one or more other purchaser, the
H. R. 1977—30

change of purchasers for whatever reason shall not be considered

a significant new circumstance, and the Forest Service may offer

or award such timber sale or offering to a different purchaser

or offeree, notwithstanding any other provision of law. A determination by the Forest Service pursuant to this paragraph shall not

be subject to judicial review.

None of the funds appropriated under this Act for the Forest

Service shall be made available for the purpose of applying paint

to rocks, or rock colorization: Provided, That notwithstanding any

other provision of law, the Forest Service shall not require of

any individual or entity, as part of any permitting process under

its authority, or as a requirement of compliance with the National

Environmental Policy Act of 1969 (42 U.S.C. 4231 et seq.), the

painting or colorization of rocks.

DEPARTMENT OF ENERGY

FOSSIL ENERGY RESEARCH AND DEVELOPMENT

For necessary expenses in carrying out fossil energy research

and development activities, under the authority of the Department

of Energy Organization Act (Public Law 95–91), including the

acquisition of interest, including defeasible and equitable interests

in any real property or any facility or for plant or facility acquisition

or expansion, and for promoting health and safety in mines and

the mineral industry through research (30 U.S.C. 3, 861(b), and

951(a)), for conducting inquiries, technological investigations and

research concerning the extraction, processing, use, and disposal

of mineral substances without objectionable social and environmental costs (30 U.S.C. 3, 1602, and 1603), and for the development

of methods for the disposal, control, prevention, and reclamation

of waste products in the mining, minerals, metal, and mineral

reclamation industries (30 U.S.C. 3 and 21a), $417,169,000, to

remain available until expended: Provided, That no part of the

sum herein made available shall be used for the field testing of

nuclear explosives in the recovery of oil and gas.

ALTERNATIVE FUELS PRODUCTION

(INCLUDING TRANSFER OF FUNDS)

Monies received as investment income on the principal amount

in the Great Plains Project Trust at the Norwest Bank of North

Dakota, in such sums as are earned as of October 1, 1995, shall

be deposited in this account and immediately transferred to the

General Fund of the Treasury. Monies received as revenue sharing

from the operation of the Great Plains Gasification Plant shall

be immediately transferred to the General Fund of the Treasury.

NAVAL PETROLEUM AND OIL SHALE RESERVES

For necessary expenses in carrying out naval petroleum and

oil shale reserve activities, $148,786,000, to remain available until

expended: Provided, That the requirements of 10 U.S.C.

7430(b)(2)(B) shall not apply to fiscal year 1996: Provided further,

That section 501 of Public Law 101–45 is hereby repealed.
H. R. 1977—31

ENERGY CONSERVATION

For necessary expenses in carrying out energy conservation activities, $553,293,000, to remain available until expended, including, notwithstanding any other provision of law, the excess amount

for fiscal year 1996 determined under the provisions of section

3003(d) of Public Law 99–509 (15 U.S.C. 4502), and of which

$16,000,000 shall be derived from available unobligated balances

in the Biomass Energy Development account: Provided, That

$140,696,000 shall be for use in energy conservation programs

as defined in section 3008(3) of Public Law 99–509 (15 U.S.C.

4507) and shall not be available until excess amounts are determined under the provisions of section 3003(d) of Public Law 99–

509 (15 U.S.C. 4502): Provided further, That notwithstanding sec- tion 3003(d)(2) of Public Law 99–509 such sums shall be allocated

to the eligible programs as follows: $114,196,000 for the weatherization assistance program and $26,500,000 for the State energy conservation program.

ECONOMIC REGULATION

For necessary expenses in carrying out the activities of the Economic Regulatory Administration and the Office of Hearings

and Appeals, $6,297,000, to remain available until expended.

STRATEGIC PETROLEUM RESERVE

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses for Strategic Petroleum Reserve facility development and operations and program management activities

pursuant to the Energy Policy and Conservation Act of 1975, as

amended (42 U.S.C. 6201 et seq.), $287,000,000, to remain available

until expended, of which $187,000,000 shall be derived by transfer

of unobligated balances from the ‘‘SPR petroleum account’’ and

$100,000,000 shall be derived by transfer from the ‘‘SPR Decommissioning Fund’’: Provided, That notwithstanding section 161 of the Energy Policy and Conservation Act, the Secretary shall draw down

and sell up to seven million barrels of oil from the Strategic Petroleum Reserve: Provided further, That the proceeds from the sale

shall be deposited into a special account in the Treasury, to be

established and known as the ‘‘SPR Decommissioning Fund’’, and

shall be available for the purpose of removal of oil from and

decommissioning of the Weeks Island site and for other purposes

related to the operations of the Strategic Petroleum Reserve.

SPR PETROLEUM ACCOUNT

Notwithstanding 42 U.S.C. 6240(d) the United States share of crude oil in Naval Petroleum Reserve Numbered 1 (Elk Hills)

may be sold or otherwise disposed of to other than the Strategic

Petroleum Reserve: Provided, That outlays in fiscal year 1996 resulting from the use of funds in this account shall not exceed

$5,000,000.

ENERGY INFORMATION ADMINISTRATION

For necessary expenses in carrying out the activities of the

Energy Information Administration, $72,266,000, to remain avail-
H. R. 1977—32

able until expended: Provided, That notwithstanding section 4(d) of the Service Contract Act of 1965 (41 U.S.C. 353(d)) or any

other provision of law, funds appropriated under this heading hereafter may be used to enter into a contract for end use consumption

surveys for a term not to exceed eight years: Provided further,

That notwithstanding any other provision of law, hereafter the

Manufacturing Energy Consumption Survey shall be conducted on

a triennial basis.

ADMINISTRATIVE PROVISIONS, DEPARTMENT OF ENERGY

Appropriations under this Act for the current fiscal year shall be available for hire of passenger motor vehicles; hire, maintenance,

and operation of aircraft; purchase, repair, and cleaning of uniforms;

and reimbursement to the General Services Administration for security guard services. From appropriations under this Act, transfers of sums may be made to other agencies of the Government for the performance

of work for which the appropriation is made.

None of the funds made available to the Department of Energy under this Act shall be used to implement or finance authorized

price support or loan guarantee programs unless specific provision

is made for such programs in an appropriations Act. The Secretary is authorized to accept lands, buildings, equip- ment, and other contributions from public and private sources and

to prosecute projects in cooperation with other agencies, Federal,

State, private, or foreign: Provided, That revenues and other moneys received by or for the account of the Department of Energy or

otherwise generated by sale of products in connection with projects

of the Department appropriated under this Act may be retained

by the Secretary of Energy, to be available until expended, and

used only for plant construction, operation, costs, and payments

to cost-sharing entities as provided in appropriate cost-sharing contracts or agreements: Provided further, That the remainder of revenues after the making of such payments shall be covered into

the Treasury as miscellaneous receipts: Provided further, That any

contract, agreement, or provision thereof entered into by the Secretary pursuant to this authority shall not be executed prior to

the expiration of 30 calendar days (not including any day in which

either House of Congress is not in session because of adjournment

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

by the Speaker of the House of Representatives and the President

of the Senate of a full comprehensive report on such project, including the facts and circumstances relied upon in support of the

proposed project.

No funds provided in this Act may be expended by the Department of Energy to prepare, issue, or process procurement documents

for programs or projects for which appropriations have not been

made.

DEPARTMENT OF HEALTH AND HUMAN SERVICES

INDIAN HEALTH SERVICE

INDIAN HEALTH SERVICES

For expenses necessary to carry out the Act of August 5, 1954

(68 Stat. 674), the Indian Self-Determination Act, the Indian Health
H. R. 1977—33

Care Improvement Act, and titles II and III of the Public Health

Service Act with respect to the Indian Health Service,

$1,747,842,000, together with payments received during the fiscal

year pursuant to 42 U.S.C. 300aaa–2 for services furnished by

the Indian Health Service: Provided, That funds made available

to tribes and tribal organizations through contracts, grant agreements, or any other agreements or compacts authorized by the

Indian Self-Determination and Education Assistance Act of 1975

(88 Stat. 2203; 25 U.S.C. 450), shall be deemed to be obligated

at the time of the grant or contract award and thereafter shall

remain available to the tribe or tribal organization without fiscal

year limitation: Provided further, That $12,000,000 shall remain

available until expended, for the Indian Catastrophic Health Emergency Fund: Provided further, That $350,564,000 for contract medical care shall remain available for obligation until September 30,

1997: Provided further, That of the funds provided, not less than

$11,306,000 shall be used to carry out the loan repayment program

under section 108 of the Indian Health Care Improvement Act,

as amended: Provided further, That funds provided in this Act

may be used for one-year contracts and grants which are to be

performed in two fiscal years, so long as the total obligation is

recorded in the year for which the funds are appropriated: Provided

further, That the amounts collected by the Secretary of Health

and Human Services under the authority of title IV of the Indian

Health Care Improvement Act shall be available for two fiscal

years after the fiscal year in which they were collected, for the

purpose of achieving compliance with the applicable conditions and

requirements of titles XVIII and XIX of the Social Security Act

(exclusive of planning, design, or construction of new facilities):

Provided further, That of the funds provided, $7,500,000 shall

remain available until expended, for the Indian Self-Determination

Fund, which shall be available for the transitional costs of initial

or expanded tribal contracts, grants or cooperative agreements with

the Indian Health Service under the provisions of the Indian SelfDetermination Act: Provided further, That funding contained herein,

and in any earlier appropriations Acts for scholarship programs

under the Indian Health Care Improvement Act (25 U.S.C. 1613)

shall remain available for obligation until September 30, 1997:

Provided further, That amounts received by tribes and tribal

organizations under title IV of the Indian Health Care Improvement

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

to the receiving tribes and tribal organizations until expended.

INDIAN HEALTH FACILITIES

For construction, repair, maintenance, improvement, and equipment of health and related auxiliary facilities, including quarters

for personnel; preparation of plans, specifications, and drawings;

acquisition of sites, purchase and erection of modular buildings,

and purchases of trailers; and for provision of domestic and community sanitation facilities for Indians, as authorized by section 7

of the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian SelfDetermination Act and the Indian Health Care Improvement Act,

and for expenses necessary to carry out the Act of August 5,

1954 (68 Stat. 674), the Indian Self-Determination Act, the Indian

Health Care Improvement Act, and titles II and III of the Public

Health Service Act with respect to environmental health and facili-
H. R. 1977—34

ties support activities of the Indian Health Service, $238,958,000,

to remain available until expended: Provided, That notwithstanding

any other provision of law, funds appropriated for the planning,

design, construction or renovation of health facilities for the benefit

of an Indian tribe or tribes may be used to purchase land for

sites to construct, improve, or enlarge health or related facilities.

ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE

Appropriations in this Act to the Indian Health Service shall

be available for services as authorized by 5 U.S.C. 3109 but at

rates not to exceed the per diem rate equivalent to the maximum

rate payable for senior-level positions under 5 U.S.C. 5376; hire

of passenger motor vehicles and aircraft; purchase of medical equipment; purchase of reprints; purchase, renovation and erection of

modular buildings and renovation of existing facilities; payments

for telephone service in private residences in the field, when authorized under regulations approved by the Secretary; and for uniforms

or allowances therefor as authorized by law (5 U.S.C. 5901–5902);

and for expenses of attendance at meetings which are concerned

with the functions or activities for which the appropriation is made

or which will contribute to improved conduct, supervision, or

management of those functions or activities: Provided, That in

accordance with the provisions of the Indian Health Care Improvement Act, non-Indian patients may be extended health care at

all tribally administered or Indian Health Service facilities, subject

to charges, and the proceeds along with funds recovered under

the Federal Medical Care Recovery Act (42 U.S.C. 2651–53) shall

be credited to the account of the facility providing the service

and shall be available without fiscal year limitation: Provided further, That notwithstanding any other law or regulation, funds transferred from the Department of Housing and Urban Development

to the Indian Health Service shall be administered under Public

Law 86–121 (the Indian Sanitation Facilities Act) and Public Law

93–638, as amended: Provided further, That funds appropriated

to the Indian Health Service in this Act, except those used for

administrative and program direction purposes, shall not be subject

to limitations directed at curtailing Federal travel and transportation: Provided further, That the Indian Health Service shall neither bill nor charge those Indians who may have the economic

means to pay unless and until such time as Congress has agreed

upon a specific policy to do so and has directed the Indian Health

Service to implement such a policy: Provided further, That, notwithstanding any other provision of law, funds previously or herein

made available to a tribe or tribal organization through a contract,

grant or agreement authorized by title I of the Indian Self-Determination and Education Assistance Act of 1975 (88 Stat. 2203;

25 U.S.C. 450), may be deobligated and reobligated to a self-governance funding agreement under title III of the Indian Self-Determination and Education Assistance Act of 1975 and thereafter shall

remain available to the tribe or tribal organization without fiscal

year limitation: Provided further, That none of the funds made

available to the Indian Health Service in this Act shall be used

to implement the final rule published in the Federal Register on

September 16, 1987, by the Department of Health and Human

Services, relating to eligibility for the health care services of the

Indian Health Service until the Indian Health Service has submit-
H. R. 1977—35

ted a budget request reflecting the increased costs associated with

the proposed final rule, and such request has been included in

an appropriations Act and enacted into law: Provided further, That

funds made available in this Act are to be apportioned to the

Indian Health Service as appropriated in this Act, and accounted

for in the appropriation structure set forth in this Act: Provided

further, That the appropriation structure for the Indian Health

Service may not be altered without advance approval of the House

and Senate Committees on Appropriations.

DEPARTMENT OF EDUCATION

OFFICE OF ELEMENTARY AND SECONDARY EDUCATION

INDIAN EDUCATION

For necessary expenses to carry out, to the extent not otherwise

provided, title IX, part A, subpart 1 of the Elementary and Secondary Education Act of 1965, as amended, and section 215 of the

Department of Education Organization Act, $52,500,000.

OTHER RELATED AGENCIES

OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION

SALARIES AND EXPENSES

For necessary expenses of the Office of Navajo and Hopi Indian

Relocation as authorized by Public Law 93–531, $20,345,000, to

remain available until expended: Provided, That funds provided

in this or any other appropriations Act are to be used to relocate

eligible individuals and groups including evictees from District 6,

Hopi-partitioned lands residents, those in significantly substandard

housing, and all others certified as eligible and not included in

the preceding categories: Provided further, That none of the funds

contained in this or any other Act may be used by the Office

of Navajo and Hopi Indian Relocation to evict any single Navajo

or Navajo family who, as of November 30, 1985, was physically

domiciled on the lands partitioned to the Hopi Tribe unless a

new or replacement home is provided for such household: Provided

further, That no relocatee will be provided with more than one

new or replacement home: Provided further, That the Office shall

relocate any certified eligible relocatees who have selected and

received an approved homesite on the Navajo reservation or selected

a replacement residence off the Navajo reservation or on the land

acquired pursuant to 25 U.S.C. 640d–10.

INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE CULTURE AND

ARTS DEVELOPMENT

PAYMENT TO THE INSTITUTE

For payment to the Institute of American Indian and Alaska

Native Culture and Arts Development, as authorized by title XV

of Public Law 99–498 (20 U.S.C. 4401 et seq.), $5,500,000.
H. R. 1977—36

SMITHSONIAN INSTITUTION

SALARIES AND EXPENSES

For necessary expenses of the Smithsonian Institution, as authorized by law, including research in the fields of art, science,

and history; development, preservation, and documentation of the

National Collections; presentation of public exhibits and performances; collection, preparation, dissemination, and exchange of

information and publications; conduct of education, training, and

museum assistance programs; maintenance, alteration, operation,

lease (for terms not to exceed thirty years), and protection of buildings, facilities, and approaches; not to exceed $100,000 for services

as authorized by 5 U.S.C. 3109; up to 5 replacement passenger

vehicles; purchase, rental, repair, and cleaning of uniforms for

employees; $308,188,000, of which not to exceed $30,472,000 for

the instrumentation program, collections acquisition, Museum Support Center equipment and move, exhibition reinstallation, the

National Museum of the American Indian, the repatriation of skeletal remains program, research equipment, information management, and Latino programming shall remain available until

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

American overseas research centers and a total of $125,000 for

the Council of American Overseas Research Centers: Provided, That

funds appropriated herein are available for advance payments to

independent contractors performing research services or participating in official Smithsonian presentations.

CONSTRUCTION AND IMPROVEMENTS, NATIONAL ZOOLOGICAL PARK

For necessary expenses of planning, construction, remodeling, and equipping of buildings and facilities at the National Zoological

Park, by contract or otherwise, $3,250,000, to remain available

until expended.

REPAIR AND RESTORATION OF BUILDINGS

For necessary expenses of repair and restoration of buildings owned or occupied by the Smithsonian Institution, by contract or

otherwise, as authorized by section 2 of the Act of August 22,

1949 (63 Stat. 623), including not to exceed $10,000 for services

as authorized by 5 U.S.C. 3109, $33,954,000, to remain available

until expended: Provided, That contracts awarded for environmental

systems, protection systems, and exterior repair or restoration of

buildings of the Smithsonian Institution may be negotiated with

selected contractors and awarded on the basis of contractor qualifications as well as price.

CONSTRUCTION

For necessary expenses for construction, $27,700,000, to remain

available until expended.

NATIONAL GALLERY OF ART

SALARIES AND EXPENSES

For the upkeep and operations of the National Gallery of Art,

the protection and care of the works of art therein, and administra-
H. R. 1977—37

tive expenses incident thereto, as authorized by the Act of March

24, 1937 (50 Stat. 51), as amended by the public resolution of

April 13, 1939 (Public Resolution 9, Seventy-sixth Congress), including services as authorized by 5 U.S.C. 3109; payment in advance

when authorized by the treasurer of the Gallery for membership

in library, museum, and art associations or societies whose publications or services are available to members only, or to members

at a price lower than to the general public; purchase, repair, and

cleaning of uniforms for guards, and uniforms, or allowances therefor, for other employees as authorized by law (5 U.S.C. 5901–

5902); purchase or rental of devices and services for protecting

buildings and contents thereof, and maintenance, alteration,

improvement, and repair of buildings, approaches, and grounds;

and purchase of services for restoration and repair of works of

art for the National Gallery of Art by contracts made, without

advertising, with individuals, firms, or organizations at such rates

or prices and under such terms and conditions as the Gallery

may deem proper, $51,844,000, of which not to exceed $3,026,000

for the special exhibition program shall remain available until

expended.

REPAIR, RESTORATION AND RENOVATION OF BUILDINGS

For necessary expenses of repair, restoration and renovation of buildings, grounds and facilities owned or occupied by the

National Gallery of Art, by contract or otherwise, as authorized,

$6,442,000, to remain available until expended: Provided, That

contracts awarded for environmental systems, protection systems,

and exterior repair or renovation of buildings of the National Gallery of Art may be negotiated with selected contractors and awarded

on the basis of contractor qualifications as well as price.

JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS

OPERATIONS AND MAINTENANCE

For necessary expenses for the operation, maintenance and security of the John F. Kennedy Center for the Performing Arts,

$10,323,000: Provided, That 40 U.S.C. 193n is hereby amended by striking the word ‘‘and’’ after the word ‘‘Institution’’ and inserting

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

the John F. Kennedy Center for the Performing Arts,’’ after the

word ‘‘Art,’’.

CONSTRUCTION

For necessary expenses of capital repair and rehabilitation

of the existing features of the building and site of the John F.

Kennedy Center for the Performing Arts, $8,983,000, to remain

available until expended.

WOODROW WILSON INTERNATIONAL CENTER FOR SCHOLARS

SALARIES AND EXPENSES

For expenses necessary in carrying out the provisions of the

Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) including

hire of passenger vehicles and services as authorized by 5 U.S.C.

3109, $5,840,000.
H. R. 1977—38

NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES

NATIONAL ENDOWMENT FOR THE ARTS

GRANTS AND ADMINISTRATION

For necessary expenses to carry out the National Foundation

on the Arts and the Humanities Act of 1965, as amended,

$82,259,000, shall be available to the National Endowment for

the Arts for the support of projects and productions in the arts

through assistance to groups and individuals pursuant to section

5(c) of the Act, and for administering the functions of the Act,

to remain available until September 30, 1997.

MATCHING GRANTS

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

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

amended, $17,235,000, to remain available until September 30,

1997, to the National Endowment for the Arts, of which $7,500,000

shall be available for purposes of section 5(p)(1): Provided, That

this appropriation shall be available for obligation only in such

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

and devises of money, and other property accepted by the Chairman

or by grantees of the Endowment under the provisions of section

10(a)(2), subsections 11(a)(2)(A) and 11(a)(3)(A) during the current

and preceding fiscal years for which equal amounts have not previously been appropriated.

NATIONAL ENDOWMENT FOR THE HUMANITIES

GRANTS AND ADMINISTRATION

For necessary expenses to carry out the National Foundation

on the Arts and the Humanities Act of 1965, as amended,

$94,000,000, shall be available to the National Endowment for

the Humanities for support of activities in the humanities, pursuant

to section 7(c) of the Act, and for administering the functions

of the Act, to remain available until September 30, 1997.

MATCHING GRANTS

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

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

amended, $16,000,000, to remain available until September 30,

1997, of which $10,000,000 shall be available to the National

Endowment for the Humanities for the purposes of section 7(h):

Provided, That this appropriation shall be available for obligation

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

gifts, bequests, and devises of money, and other property accepted

by the Chairman or by grantees of the Endowment under the

provisions of subsections 11(a)(2)(B) and 11(a)(3)(B) during the current and preceding fiscal years for which equal amounts have

not previously been appropriated.
H. R. 1977—39

INSTITUTE OF MUSEUM SERVICES

GRANTS AND ADMINISTRATION

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

Affairs Act of 1976, as amended, $21,000,000, to remain available

until September 30, 1997.

ADMINISTRATIVE PROVISIONS

None of the funds appropriated to the National Foundation

on the Arts and the Humanities may be used to process any grant

or contract documents which do not include the text of 18 U.S.C.

1913: Provided, That none of the funds appropriated to the National

Foundation on the Arts and the Humanities may be used for official

reception and representation expenses.

COMMISSION OF FINE ARTS

SALARIES AND EXPENSES

For expenses made necessary by the Act establishing a Commission of Fine Arts (40 U.S.C. 104), $834,000.

NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS

For necessary expenses as authorized by Public Law 99–190

(99 Stat. 1261; 20 U.S.C. 956(a)), as amended, $6,000,000.

ADVISORY COUNCIL ON HISTORIC PRESERVATION

SALARIES AND EXPENSES

For expenses necessary for the Advisory Council on Historic

Preservation, $2,500,000.

NATIONAL CAPITAL PLANNING COMMISSION

SALARIES AND EXPENSES

For necessary expenses, as authorized by the National Capital

Planning Act of 1952 (40 U.S.C. 71–71i), including services as

authorized by 5 U.S.C. 3109, $5,090,000: Provided, That all

appointed members will be compensated at a rate not to exceed

the rate for Executive Schedule Level IV.

FRANKLIN DELANO ROOSEVELT MEMORIAL COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Franklin Delano Roosevelt Memorial Commission, established by the Act of August 11, 1955 (69

Stat. 694), as amended by Public Law 92–332 (86 Stat. 401),

$147,000, to remain available until September 30, 1997.
H. R. 1977—40

PENNSYLVANIA AVENUE DEVELOPMENT CORPORATION

PUBLIC DEVELOPMENT

Funds made available under this heading in prior years shall be available for operating and administrative expenses and for

the orderly closure of the Corporation, as well as operating and

administrative expenses for the functions transferred to the General

Services Administration.

UNITED STATES HOLOCAUST MEMORIAL COUNCIL

HOLOCAUST MEMORIAL COUNCIL

For expenses of the Holocaust Memorial Council, as authorized

by Public Law 96–388, as amended, $28,707,000; of which

$1,575,000 for the Museum’s repair and rehabilitation program

and $1,264,000 for the Museum’s exhibition program shall remain

available until expended.

TITLE III—GENERAL PROVISIONS

SEC. 301. The expenditure of any appropriation under this

Act for any consulting service through procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to those contracts where

such expenditures are a matter of public record and available

for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law.

SEC. 302. No part of any appropriation under this Act shall

be available to the Secretary of the Interior or the Secretary of

Agriculture for the leasing of oil and natural gas by noncompetitive

bidding on publicly owned lands within the boundaries of the Shawnee National Forest, Illinois: Provided, That nothing herein is

intended to inhibit or otherwise affect the sale, lease, or right

to access to minerals owned by private individuals.

SEC. 303. No part of any appropriation contained in this Act

shall be available for any activity or the publication or distribution

of literature that in any way tends to promote public support

or opposition to any legislative proposal on which congressional

action is not complete.

SEC. 304. No part of any appropriation contained in this Act

shall remain available for obligation beyond the current fiscal year

unless expressly so provided herein.

SEC. 305. None of the funds provided in this Act to any department or agency shall be obligated or expended to provide a personal

cook, chauffeur, or other personal servants to any officer or

employee of such department or agency except as otherwise provided

by law.

SEC. 306. No assessments may be levied against any program,

budget activity, subactivity, or project funded by this Act unless

notice of such assessments and the basis therefor are presented

to the Committees on Appropriations and are approved by such

Committees.

SEC. 307. (a) COMPLIANCE WITH BUY AMERICAN ACT.—None

of the funds made available in this Act may be expended by an

entity unless the entity agrees that in expending the funds the

entity will comply with sections 2 through 4 of the Act of March
H. R. 1977—41

3, 1933 (41 U.S.C. 10a–10c; popularly known as the ‘‘Buy American

Act’’).

(b) SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE.—

(1) PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS.—In the case of any equipment or product that may

be authorized to be purchased with financial assistance provided using funds made available in this Act, it is the sense

of the Congress that entities receiving the assistance should,

in expending the assistance, purchase only American-made

equipment and products.

(2) NOTICE TO RECIPIENTS OF ASSISTANCE.—In providing

financial assistance using funds made available in this Act,

the head of each Federal agency shall provide to each recipient

of the assistance a notice describing the statement made in

paragraph (1) by the Congress.

(c) PROHIBITION OF CONTRACTS WITH PERSONS FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—If it has been finally determined by a court or Federal agency that any person intentionally

affixed a label bearing a ‘‘Made in America’’ inscription, or any

inscription with the same meaning, to any product sold in or shipped

to the United States that is not made in the United States, the

person shall be ineligible to receive any contract or subcontract

made with funds made available in this Act, pursuant to the debarment, suspension, and ineligibility procedures described in sections

9.400 through 9.409 of title 48, Code of Federal Regulations.

SEC. 308. None of the funds in this Act may be used to plan,

prepare, or offer for sale timber from trees classified as giant

sequoia (sequoiadendron giganteum) which are located on National

Forest System or Bureau of Land Management lands in a manner

different than such sales were conducted in fiscal year 1995.

SEC. 309. None of the funds made available by this Act may

be obligated or expended by the National Park Service to enter

into or implement a concession contract which permits or requires

the removal of the underground lunchroom at the Carlsbad Caverns

National Park.

SEC. 310. Where the actual costs of construction projects under

self-determination contracts, compacts, or grants, pursuant to Public

Laws 93–638, 103–413, or 100–297, are less than the estimated

costs thereof, use of the resulting excess funds shall be determined

by the appropriate Secretary after consultation with the tribes.

SEC. 311. Notwithstanding Public Law 103–413, quarterly payments of funds to tribes and tribal organizations under annual

funding agreements pursuant to section 108 of Public Law 93–

638, as amended, may be made on the first business day following

the first day of a fiscal quarter.

SEC. 312. None of funds appropriated or otherwise made available by this Act may be used for the AmeriCorps program, unless

the relevant agencies of the Department of the Interior and/or

Agriculture follow appropriate reprogramming guidelines: Provided,

That if no funds are provided for the AmeriCorps program by

the VA–HUD and Independent Agencies fiscal year 1996 appropriations bill, then none of the funds appropriated or otherwise made

available by this Act may be used for the AmeriCorps programs.

SEC. 313. (a) On or before April 1, 1996, the Pennsylvania

Avenue Development Corporation shall—

(1) transfer and assign in accordance with this section

all of its rights, title, and interest in and to all of the leases,
H. R. 1977—42

covenants, agreements, and easements it has executed or will

execute by March 31, 1996, in carrying out its powers and

duties under the Pennsylvania Avenue Development Corporation Act (40 U.S.C. 871–885) and the Federal Triangle Development Act (40 U.S.C. 1101–1109) to the General Services

Administration, National Capital Planning Commission, or the

National Park Service; and

(2) except as provided by subsection (d), transfer all rights,

title, and interest in and to all property, both real and personal,

held in the name of the Pennsylvania Avenue Development

Corporation to the General Services Administration.

(b) The responsibilities of the Pennsylvania Avenue Development Corporation transferred to the General Services Administration under subsection (a) include, but are not limited to, the following:

(1) Collection of revenue owed the Federal Government

as a result of real estate sales or lease agreements entered

into by the Pennsylvania Avenue Development Corporation and

private parties, including, at a minimum, with respect to the

following projects:

(A) The Willard Hotel property on Square 225.

(B) The Gallery Row project on Square 457.

(C) The Lansburgh’s project on Square 431.

(D) The Market Square North project on Square 407.

(2) Collection of sale or lease revenue owed the Federal

Government (if any) in the event two undeveloped sites owned

by the Pennsylvania Avenue Development Corporation on

Squares 457 and 406 are sold or leased prior to April 1, 1996.

(3) Application of collected revenue to repay United States

Treasury debt incurred by the Pennsylvania Avenue Development Corporation in the course of acquiring real estate. (4) Performing financial audits for projects in which the

Pennsylvania Avenue Development Corporation has actual or

potential revenue expectation, as identified in paragraphs (1)

and (2), in accordance with procedures described in applicable

sale or lease agreements. (5) Disposition of real estate properties which are or become

available for sale and lease or other uses.

(6) Payment of benefits in accordance with the Uniform

Relocation Assistance and Real Property Acquisitions Policies

Act of 1970 to which persons in the project area squares are

entitled as a result of the Pennsylvania Avenue Development

Corporation’s acquisition of real estate.

(7) Carrying out the responsibilities of the Pennsylvania

Avenue Development Corporation under the Federal Triangle

Development Act (40 U.S.C. 1101–1109), including responsibilities for managing assets and liabilities of the Corporation

under such Act.

(c) In carrying out the responsibilities of the Pennsylvania

Avenue Development Corporation transferred under this section,

the Administrator of the General Services Administration shall

have the following powers:

(1) To acquire lands, improvements, and properties by purchase, lease or exchange, and to sell, lease, or otherwise dispose

of real or personal property as necessary to complete the development plan developed under section 5 of the Pennsylvania

Avenue Development Corporation Act of 1972 (40 U.S.C. 874)
H. R. 1977—43

if a notice of intention to carry out such acquisition or disposal

is first transmitted to the Committee on Transportation and

Infrastructure and the Committee on Appropriations of the

House of Representatives and the Committee on Environment

and Public Works and the Committee on Appropriations of

the Senate and at least 60 days elapse after the date of such

transmission.

(2) To modify from time to time the plan referred to in

paragraph (1) if such modification is first transmitted to the

Committee on Transportation and Infrastructure and the

Committee on Appropriations of the House of Representatives

and the Committee on Environment and Public Works and

the Committee on Appropriations of the Senate and at least

60 days elapse after the date of such transmission.

(3) To maintain any existing Pennsylvania Avenue Development Corporation insurance programs.

(4) To enter into and perform such leases, contracts, or

other transactions with any agency or instrumentality of the

United States, the several States, or the District of Columbia

or with any person, firm, association, or corporation as may

be necessary to carry out the responsibilities of the Pennsylvania Avenue Development Corporation under the Federal Triangle Development Act (40 U.S.C. 1101–1109).

(5) To request the Council of the District of Columbia

to close any alleys necessary for the completion of development

in Square 457.

(6) To use all of the funds transferred from the Pennsylvania Avenue Development Corporation or income earned on

Pennsylvania Avenue Development Corporation property to

complete any pending development projects.

(d)(1)(A) On or before April 1, 1996, the Pennsylvania Avenue

Development Corporation shall transfer all its right, title, and

interest in and to the property described in subparagraph (B) to

the National Park Service, Department of the Interior.

(B) The property referred to in subparagraph (A) is the property

located within the Pennsylvania Avenue National Historic Site

depicted on a map entitled ‘‘Pennsylvania Avenue National Historic

Park’’, dated June 1, 1995, and numbered 840–82441, which shall

be on file and available for public inspection in the offices of the

National Park Service, Department of the Interior. The Pennsylvania Avenue National Historic Site includes the parks, plazas, sidewalks, special lighting, trees, sculpture, and memorials.

(2) Jurisdiction of Pennsylvania Avenue and all other roadways

from curb to curb shall remain with the District of Columbia but

vendors shall not be permitted to occupy street space except during

temporary special events.

(3) The National Park Service shall be responsible for management, administration, maintenance, law enforcement, visitor services, resource protection, interpretation, and historic preservation

at the Pennsylvania Avenue National Historic Site.

(4) The National Park Service may enter into contracts, cooperative agreements, or other transactions with any agency or

instrumentality of the United States, the several States, or the

District of Columbia or with any person, firm, association, or corporation as may be deemed necessary or appropriate for the conduct

of special events, festivals, concerts, or other art and cultural pro-
H. R. 1977—44

grams at the Pennsylvania Avenue National Historic Site or may

establish a nonprofit foundation to solicit funds for such activities.

(e) Notwithstanding any other provision of law, the responsibility for ensuring that development or redevelopment in the Pennsylvania Avenue area is carried out in accordance with the Pennsylvania Avenue Development Corporation Plan—1974, as

amended, is transferred to the National Capital Planning Commission or its successor commencing April 1, 1996.

(f) SAVINGS PROVISIONS.—

(1) REGULATIONS.—Any regulations prescribed by the Corporation in connection with the Pennsylvania Avenue Development Corporation Act of 1972 (40 U.S.C. 871–885) and the

Federal Triangle Development Act (40 U.S.C. 1101–1109) shall

continue in effect until suspended by regulations prescribed

by the Administrator of the General Services Administration.

(2) EXISTING RIGHTS, DUTIES, AND OBLIGATIONS NOT

AFFECTED.—Subsection (a) shall not be construed as affecting

the validity of any right, duty, or obligation of the United

States or any other person arising under or pursuant to any

contract, loan, or other instrument or agreement which was

in effect on the day before the date of the transfers under

subsection (a).

(3) CONTINUATION OF SUITS.—No action or other proceeding

commenced by or against the Corporation in connection with

administration of the Pennsylvania Avenue Development Corporation Act of 1972 (40 U.S.C. 871–885) and the Federal

Triangle Development Act (40 U.S.C. 1101–1109) shall abate

by reason of enactment and implementation of this Act, except

that the General Services Administration shall be substituted

for the Corporation as a party to any such action or proceeding.

(g) Section 3(b) of the Pennsylvania Avenue Development Cor- poration Act of 1972 (40 U.S.C. 872(b)) is amended as follows:

‘‘(b) The Corporation shall be dissolved on or before April 1,

1996. Upon dissolution, assets, obligations, indebtedness, and all

unobligated and unexpended balances of the Corporation shall be

transferred in accordance with the Department of the Interior and

Related Agencies Appropriations Act, 1996.’’.

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

of any appropriation contained in this Act or any other Act shall

be obligated or expended for the operation or implementation of

the Interior Columbia Basin Ecosystem Management Project

(hereinafter ‘‘Project’’). (b)(1) From the funds appropriated to the Forest Service and

Bureau of Land Management, a sum of $4,000,000 is made available

for the Executive Steering Committee of the Project to publish,

and submit to the Committees on Agriculture, Nutrition, and Forestry, Appropriations, and Energy and Natural Resources of the

Senate and Committees on Agriculture, Appropriations, and

Resources of the House of Representatives, by April 30, 1996, an

assessment on the National Forest System lands and lands administered by the Bureau of Land Management (hereinafter ‘‘Federal

lands’’) within the area encompassed by the Project. The assessment

shall be accompanied by draft Environmental Impact Statements

that are not decisional and not subject to judicial review, contain

a range of alternatives, without the identification of a preferred

alternative or management recommendations, and provide a methodology for conducting any cumulative effects analysis required
H. R. 1977—45

by section 102(2)(C) of the National Environmental Policy Act (42

U.S.C. 4332(2)) in the preparation of each amendment to a resource

management plan pursuant to subsection (c)(2). The Executive

Steering Committee shall release the required draft Environmental

Impact Statements for a ninety day public comment period. A

summary of the public comments received must accompany these

documents upon its submission to Congress.

(2) The assessment required by paragraph (1) shall contain

the scientific information collected and analysis undertaken by the

Project on landscape dynamics and forest and rangeland health

conditions and the implications of such dynamics and conditions

for forest and rangeland management, specifically the management

of forest and rangeland vegetation structure, composition, density

and related social and economic effects.

(3) The assessment and draft Environmental Impact Statements required by paragraph (1) shall not: contain any material

other than that required in paragraphs (1) and (2); be the subject

of consultation or conferencing pursuant to section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536); or be accompanied

by any record of decision or documentation pursuant to section

102(2) of the National Environmental Policy Act, except as specified

in paragraph (1).

(c)(1) From the funds appropriated to the Forest Service and

the Bureau of Land Management, each Forest Supervisor of the

Forest Service and District Manager of the Bureau of Land Management with responsibility for a national forest or unit of land

administered by the Bureau of Land Management (hereinafter ‘‘forest’’) within the area encompassed by the Project shall— (A) review the resource management plan (hereinafter ‘‘plan’’) for such forest, the scientific information and analysis

in the report prepared pursuant to subsection (b) which are

applicable to such plan, and any policy which is applicable

to such plan upon the date of enactment of this section (whether

or not such policy has been added to such plan by amendment),

including any which is, or is intended to be, of limited duration,

and which the Project addresses; and (B) based on such review, develop a modification of such

policy, or an alternative policy which serves the basic purpose

of such policy, to meet the specific conditions of such forest.

(2) For each plan reviewed pursuant to paragraph (1), the

Forest Supervisor or District Manager concerned shall prepare and

adopt an amendment which: contains the modified or alternative

policy developed pursuant to paragraph (1)(B); is directed solely

to and affects only such plan; and addresses the specific conditions

of the forest to which the plan applies and the relationship of

the modified or alternative policy to such conditions. The Forest

Supervisor or District Manager concerned shall consult at a minimum, with the Governor of the State, and the Commissioners

of the county or counties, and affected tribal governments in which

the forest to which the plan applies is situated during the review

of the plan required by paragraph (1) and the preparation of an

amendment to the plan required by this paragraph.

(3) To the maximum extent practicable, each amendment prepared pursuant to paragraph (2) shall establish site-specific standards in lieu of imposing general standards applicable to multiple

sites. Any amendment which would result in any major change

in land use allocations within the plan or would reduce the likeli-
H. R. 1977—46

hood of achievement of the goals and objectives of the plan (prior

to any previous amendment incorporating in the plan any policy

referred to in paragraph (1)(A)) shall be deemed a significant

change, pursuant to section 6(f)(4) of the Forest and Rangeland

Renewable Resources Planning Act of 1974 (16 U.S.C. 1604(f)(4))

or section 202 of the Federal Land Policy and Management Act

of 1976 (43 U.S.C. 1712), requiring a significant plan amendment

or equivalent.

(4) Each amendment prepared pursuant to paragraph (2) shall

comply with any applicable requirements of section 102(2) of the

National Environmental Policy Act, except that any cumulative

effects analysis conducted in accordance with the methodology provided pursuant to subsection (b)(1) shall be deemed to meet any

requirement of such Act for such analysis and the scoping conducted

by the Project prior to the date of enactment of this section shall

substitute for any scoping otherwise required by such Act for such

amendment, unless at the sole discretion of the Forest Supervisor

or District Manager additional scoping is deemed necessary.

(5) The review of each plan required by paragraph (1) shall

be conducted, and the preparation and decision to approve an

amendment to each plan pursuant to paragraph (2) shall be made,

by the Forest Supervisor or District Manager, as the case may

be, solely on: the basis of the review conducted pursuant to paragraph (1)(A), any consultation or conferencing pursuant to section

7 of the Endangered Species Act of 1973 required by paragraph

(6), any documentation required by section 102(2) of the National

Environmental Policy Act, and any applicable guidance or other

policy issued prior to the date of enactment of this Act. (6)(A) Any policy adopted in an amendment prepared pursuant to paragraph (2) which is a modification of or alternative to a

policy referred to in paragraph (1)(A) and upon which consultation

or conferencing has occurred pursuant to section 7 of the Endangered Species Act of 1973, shall not again be subject to the consultation or conferencing provisions of such section 7. (B) If required by such section 7, and not subject to subpara- graph (A), the Forest Supervisor or District Manager concerned

shall consult or conference separately on each amendment prepared

pursuant to paragraph (2). (C) No further consultation, other than the consultation specified in subparagraph (B), shall be undertaken on the amendments

prepared pursuant to paragraph (2), on any project or activity

which is consistent with an applicable amendment, on any policy

referred to in paragraph (1)(A), or on any portion of any plan

related to such policy or the species to which such policy applies. (7) Each amendment prepared pursuant to paragraph (2) shall

be adopted on or before October 31, 1996: Provided, That any

amendment deemed a significant plan amendment, or equivalent,

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

31, 1997.

(8) No policy referred to in paragraph (1)(A), or any provision

of a plan or other planning document incorporating such policy,

shall be effective in any forest subject to the Project on or after

March 31, 1997, or after an amendment to the plan which applies

to such forest is adopted pursuant to the provisions of this subsection, whichever occurs first.

(9) On the signing of a record of decision or equivalent document

making an amendment for the Clearwater National Forest pursuant
H. R. 1977—47

to paragraph (2), the requirement for revision referred to in the

Stipulation of Dismissal dated September 13, 1993, applicable to

the Clearwater National Forest is deemed to be satisfied, and

the interim management direction provisions contained in the Stipulation of Dismissal shall be of no further effect with respect to

the Clearwater National Forest.

(d) The documents prepared under the authority of this section

shall not be applied or used to regulate non-Federal lands.

SEC. 315. RECREATIONAL FEE DEMONSTRATION PROGRAM.—(a)

The Secretary of the Interior (acting through the Bureau of Land

Management, the National Park Service and the United States

Fish and Wildlife Service) and the Secretary of Agriculture (acting

through the Forest Service) shall each implement a fee program

to demonstrate the feasibility of user-generated cost recovery for

the operation and maintenance of recreation areas or sites and

habitat enhancement projects on Federal lands.

(b) In carrying out the pilot program established pursuant

to this section, the appropriate Secretary shall select from areas

under the jurisdiction of each of the four agencies referred to

in subsection (a) no fewer than 10, but as many as 50, areas,

sites or projects for fee demonstration. For each such demonstration,

the Secretary, notwithstanding any other provision of law—

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

or for the use of outdoor recreation sites, facilities, visitor

centers, equipment, and services by individuals and groups,

or any combination thereof;

(2) shall establish fees under this section based upon a

variety of cost recovery and fair market valuation methods

to provide a broad basis for feasibility testing;

(3) may contract, including provisions for reasonable

commissions, with any public or private entity to provide visitor

services, including reservations and information, and may

accept services of volunteers to collect fees charged pursuant

to paragraph (1);

(4) may encourage private investment and partnerships

to enhance the delivery of quality customer services and

resource enhancement, and provide appropriate recognition to

such partners or investors; and

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

of the authority to collect fees for admission to the area or

for the use of outdoor recreation sites, facilities, visitor centers,

equipment, and services.

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

or project shall be distributed as follows:

(A) Of the amount in excess of 104% of the amount collected

in fiscal year 1995, and thereafter annually adjusted upward

by 4%, eighty percent to a special account in the Treasury

for use without further appropriation, by the agency which

administers the site, to remain available for expenditures in

accordance with paragraph (2)(A).

(B) Of the amount in excess of 104% of the amount collected

in fiscal year 1995, and thereafter annually adjusted upward

by 4%, twenty percent to a special account in the Treasury

for use without further appropriation, by the agency which

administers the site, to remain available for expenditure in

accordance with paragraph (2)(B).
H. R. 1977—48

(C) For agencies other than the Fish and Wildlife Service,

up to 15% of current year collections of each agency, but not

greater than fee collection costs for that fiscal year, to remain

available for expenditure without further appropriation in

accordance with paragraph (2)(C).

(D) For agencies other than the Fish and Wildlife Service,

the balance to the special account established pursuant to

subparagraph (A) of section 4(i)(1) of the Land and Water

Conservation Fund Act, as amended.

(E) For the Fish and Wildlife Service, the balance shall

be distributed in accordance with section 201(c) of the Emergency Wetlands Resources Act.

(2)(A) Expenditures from site specific special funds shall be

for further activities of the area, site or project from which funds

are collected, and shall be accounted for separately.

(B) Expenditures from agency specific special funds shall be

for use on an agency-wide basis and shall be accounted for separately.

(C) Expenditures from the fee collection support fund shall

be used to cover fee collection costs in accordance with section

4(i)(1)(B) of the Land and Water Conservation Fund Act, as

amended: Provided, That funds unexpended and unobligated at

the end of the fiscal year shall not be deposited into the special

account established pursuant to section 4(i)(1)(A) of said Act and

shall remain available for expenditure without further appropriation.

(3) In order to increase the quality of the visitor experience

at public recreational areas and enhance the protection of resources,

amounts available for expenditure under this section may only

be used for the area, site or project concerned, for backlogged

repair and maintenance projects (including projects relating to

health and safety) and for interpretation, signage, habitat or facility

enhancement, resource preservation, annual operation (including

fee collection), maintenance, and law enforcement relating to public

use. The agencywide accounts may be used for the same purposes

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

selected at the discretion of the respective agency head.

(d)(1) Amounts collected under this section shall not be taken

into account for the purposes of the Act of May 23, 1908 and

the Act of March 1, 1911 (16 U.S.C. 500), the Act of March 4,

1913 (16 U.S.C. 501), the Act of July 22, 1937 (7 U.S.C. 1012),

the Act of August 8, 1937 and the Act of May 24, 1939 (43 U.S.C.

1181f et seq.), the Act of June 14, 1926 (43 U.S.C. 869–4), chapter

69 of title 31, United States Code, section 401 of the Act of June

15, 1935 (16 U.S.C. 715s), the Land and Water Conservation Fund

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

to revenue allocation.

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

fees charged under any other provision of law.

(e) The Secretary of the Interior and the Secretary of Agriculture shall carry out this section without promulgating regulations.

(f) The authority to collect fees under this section shall commence on October 1, 1995, and end on September 30, 1998. Funds

in accounts established shall remain available through September

30, 2001.
H. R. 1977—49

SEC. 316. Section 2001(a)(2) of Public Law 104–19 is amended

as follows: Strike ‘‘September 30, 1997’’ and insert in lieu thereof

‘‘December 31, 1996’’.

SEC. 317. None of the funds made available in this Act may

be used for any program, project, or activity when it is made

known to the Federal entity or official to which the funds are

made available that the program, project, or activity is not in

compliance with any applicable Federal law relating to risk assessment, the protection of private property rights, or unfunded mandates.

SEC. 318. None of the funds provided in this Act may be

made available for the Mississippi River Corridor Heritage Commission.

SEC. 319. GREAT BASIN NATIONAL PARK.—Section 3 of the Great

Basin National Park Act of 1986 (16 U.S.C. 410mm–1) is amended—

(1) in the first sentence of subsection (e) by striking ‘‘shall’’

and inserting ‘‘may’’; and

(2) in subsection (f)—

(A) by striking ‘‘At the request’’ and inserting the following:

‘‘(1) EXCHANGES.—At the request’’;

(B) by striking ‘‘grazing permits’’ and inserting ‘‘grazing

permits and grazing leases’’; and

(C) by adding after ‘‘Federal lands.’’ the following:

‘‘(2) ACQUISITION BY DONATION.—

(A) IN GENERAL.—The Secretary may acquire by donation valid existing permits and grazing leases authorizing

grazing on land in the park. (B) TERMINATION.—The Secretary shall terminate a

grazing permit or grazing lease acquired under subparagraph (A) so as to end grazing previously authorized by

the permit or lease.’’.

SEC. 320. None of the funds made available in this Act shall

be used by the Department of Energy in implementing the Codes

and Standards Program to propose, issue, or prescribe any new

or amended standard: Provided, That this section shall expire on

September 30, 1996: Provided further, That nothing in this section

shall preclude the Federal Government from promulgating rules

concerning energy efficiency standards for the construction of new

federally-owned commercial and residential buildings.

SEC. 321. None of the funds made available in this Act may be used (1) to demolish the bridge between Jersey City, New Jersey,

and Ellis Island; or (2) to prevent pedestrian use of such bridge,

when it is made known to the Federal official having authority

to obligate or expend such funds that such pedestrian use is consistent with generally accepted safety standards.

SEC. 322. (a) None of the funds appropriated or otherwise

made available pursuant to this Act shall be obligated or expended

to accept or process applications for a patent for any mining or

mill site claim located under the general mining laws.

(b) The provisions of subsection (a) shall not apply if the Secretary of the Interior determines that, for the claim concerned:

(1) a patent application was filed with the Secretary on or before

September 30, 1994, and (2) all requirements established under

sections 2325 and 2326 of the Revised Statutes (30 U.S.C. 29

and 30) for vein or lode claims and sections 2329, 2330, 2331,

and 2333 of the Revised Statutes (30 U.S.C. 35, 36, and 37) for
H. R. 1977—50

placer claims, and section 2337 of the Revised Statutes (30 U.S.C.

42) for mill site claims, as the case may be, were fully complied

with by the applicant by that date.

(c) PROCESSING SCHEDULE.—For those applications for patents

pursuant to subsection (b) which were filed with the Secretary

of the Interior, prior to September 30, 1994, the Secretary of the

Interior shall—

(1) Within three months of the enactment of this Act,

file with the House and Senate Committees on Appropriations

and the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources

of the United States Senate a plan which details how the

Department of the Interior will make a final determination

as to whether or not an applicant is entitled to a patent under

the general mining laws on at least 90 percent of such applications within five years of the enactment of this Act and file

reports annually thereafter with the same committees detailing

actions taken by the Department of the Interior to carry out

such plan; and

(2) Take such actions as may be necessary to carry out

such plan.

(d) MINERAL EXAMINATIONS.—In order to process patent

applications in a timely and responsible manner, upon the request

of a patent applicant, the Secretary of the Interior shall allow

the applicant to fund a qualified third-party contractor to be selected

by the Bureau of Land Managment to conduct a mineral examination of the mining claims or mill sites contained in a patent application as set forth in subsection (b). The Bureau of Land Management

shall have the sole responsibility to choose and pay the thirdparty contractor in accordance with the standard procedures

employed by the Bureau of Land Management in the retention

of third-party contractors.

SEC. 323. None of the funds appropriated or otherwise made

available by this Act may be used for the purposes of acquiring

lands in the counties of Lawrence, Monroe, or Washington, Ohio,

for the Wayne National Forest.

SEC. 324. No part of any appropriation contained in this Act

or any other Act shall be expended or obligated to fund the activities

of the Office of Forestry and Economic Development after December

31, 1995.

SEC. 325. No part of any appropriation contained in this Act or any other Act shall be expended or obligated to: (a) redefine

the definition of an area in which a marbled murrelet is ‘‘known

to be nesting’’; or (b) to modify the protocol for surveying for marbled

murrelets in effect on July 21, 1995.

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

(hereinafter referred to as the ‘‘Secretary’’) is authorized to convey

to the Boise Cascade Corporation (hereinafter referred to as the

‘‘Corporation’’), a corporation formed under the statutes of the State

of Delaware, with its principal place of business at Boise, Idaho,

title to approximately seven acres of land, more or less, located

in sections 14 and 23, township 36 north, range 37 east, Willamette

Meridian, Stevens County, Washington, further identified in the

records of the Bureau of Reclamation, Department of the Interior,

as Tract No. GC–19860, and to accept from the Corporation in

exchange therefor, title to approximately one hundred and thirtysix acres of land located in section 19, township 37 north, range
H. R. 1977—51

38 east and section 33, township 38 north, range 37 east, Willamette

Meridian, Stevens County, Washington, and further identified in

the records of the Bureau of Reclamation, Department of the

Interior, as Tract No. GC–19858 and Tract No. GC–19859, respectively.

(b) APPRAISAL.—The properties so exchanged either shall be

approximately equal in fair market value or if they are not approximately equal, shall be equalized by the payment of cash to the

Corporation or to the Secretary as required or in the event the

value of the Corporation’s lands is greater, the acreage may be

reduced so that the fair market value is approximately equal:

Provided, That the Secretary shall order appraisals made of the

fair market value of each tract of land included in the exchange

without consideration for improvements thereon: Provided further,

That any cash payment received by the Secretary shall be covered

in the Reclamation Fund and credited to the Columbia Basin

project.

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

land surveys, preparing the legal descriptions of the lands to be

conveyed, performing the appraisals, and administrative costs

incurred in completing the exchange shall be borne by the Corporation.

(d) LIABILITY FOR HAZARDOUS SUBSTANCES.—(1) The Secretary

shall not acquire any lands under this Act if the Secretary determines that such lands, or any portion thereof, have become contaminated with hazardous substances (as defined in the Comprehensive

Environmental Response, Compensation, and Liability Act (42

U.S.C. 9601)).

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

States shall have no responsibility or liability with respect to any

hazardous wastes or other substances placed on any of the lands

covered by this Act after their transfer to the ownership of any

party, but nothing in this Act shall be construed as either diminishing or increasing any responsibility or liability of the United States

based on the condition of such lands on the date of their transfer

to the ownership of another party. The Corporation shall indemnify

the United States for liabilities arising under the Comprehensive

Environmental Response, Compensation, and Liability Act (42

U.S.C. 9601), and the Resource Conservation Recovery Act (42

U.S.C. 6901 et seq.).

(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated such sums as may be necessary to carry out

the purposes of this Act.

SEC. 327. TIMBER SALES PIPELINE RESTORATION FUNDS.—(a)

The Secretary of Agriculture and the Secretary of the Interior

shall each establish a Timber Sales Pipeline Restoration Fund

(hereinafter ‘‘Agriculture Fund’’ and ‘‘Interior Fund’’ or ‘‘Funds’’).

Any revenues received from sales released under section 2001(k)

of the fiscal year 1995 Supplemental Appropriations for Disaster

Assistance and Rescissions Act, minus the funds necessary to make

payments to States or local governments under other law concerning

the distribution of revenues derived from the affected lands, which

are in excess of $37,500,000 (hereinafter ‘‘excess revenues’’) shall

be deposited into the Funds. The distribution of excess revenues

between the Agriculture Fund and Interior Fund shall be calculated

by multiplying the total of excess revenues times a fraction with

a denominator of the total revenues received from all sales released
H. R. 1977—52

under such section 2001(k) and numerators of the total revenues

received from such sales on lands within the National Forest System

and the total revenues received from such sales on lands administered by the Bureau of Land Management, respectively: Provided,

That revenues or portions thereof from sales released under such

section 2001(k), minus the amounts necessary for State and local

government payments and other necessary deposits, may be deposited into the Funds immediately upon receipt thereof and subsequently redistributed between the Funds or paid into the United

States Treasury as miscellaneous receipts as may be required when

the calculation of excess revenues is made.

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

and into the Interior Fund pursuant to subsection (a)—

(A) seventy-five percent shall be available, without fiscal

year limitation or further appropriation, for preparation of timber sales, other than salvage sales as defined in section

2001(a)(3) of the fiscal year 1995 Supplemental Appropriations

for Disaster Assistance and Rescissions Act, which—

(i) are situated on lands within the National Forest

System and lands administered by the Bureau of Land

Management, respectively; and

(ii) are in addition to timber sales for which funds

are otherwise available in this Act or other appropriations

Acts; and

(B) twenty-five percent shall be available, without fiscal

year limitation or further appropriation, to expend on the backlog of recreation projects on lands within the National Forest

System and lands administered by the Bureau of Land Management, respectively.

(2) Expenditures under this subsection for preparation of timber

sales may include expenditures for Forest Service activities within

the forest land management budget line item and associated timber

roads, and Bureau of Land Management activities within the

Oregon and California grant lands account and the forestry management area account, as determined by the Secretary concerned. (c) Revenues received from any timber sale prepared under subsection (b) or under this subsection, minus the amounts necessary for State and local government payments and other necessary

deposits, shall be deposited into the Fund from which funds were

expended on such sale. Such deposited revenues shall be available

for preparation of additional timber sales and completion of additional recreation projects in accordance with the requirements set

forth in subsection (b).

(d) The Secretary concerned shall terminate all payments into

the Agriculture Fund or the Interior Fund, and pay any unobligated

funds in the affected Fund into the United States Treasury as

miscellaneous receipts, whenever the Secretary concerned makes

a finding, published in the Federal Register, that sales sufficient

to achieve the total allowable sales quantity of the National Forest

System for the Forest Service or the allowable sales level for the

Oregon and California grant lands for the Bureau of Land Management, respectively, have been prepared.

(e) Any timber sales prepared and recreation projects completed

under this section shall comply with all applicable environmental

and natural resource laws and regulations.

(f) The Secretary concerned shall report annually to the

Committees on Appropriations of the United States Senate and
H. R. 1977—53

the House of Representatives on expenditures made from the Fund

for timber sales and recreation projects, revenues received into

the Fund from timber sales, and timber sale preparation and recreation project work undertaken during the previous year and projected for the next year under the Fund. Such information shall

be provided for each Forest Service region and Bureau of Land

Management State office.

(g) The authority of this section shall terminate upon the termination of both Funds in accordance with the provisions of subsection

(d).

SEC. 328. Of the funds provided to the National Endowment

for the Arts:

(a) The Chairperson shall only award a grant to an individual if such grant is awarded to such individual for a literature

fellowship, National Heritage Fellowship, or American Jazz

Masters Fellowship.

(b) The Chairperson shall establish procedures to ensure

that no funding provided through a grant, except a grant made

to a State or regional group, may be used to make a grant

to any other organization or individual to conduct activity

independent of the direct grant recipient. Nothing in this subsection shall prohibit payments made in exchange for goods

and services.

(c) No grant shall be used for seasonal support to a group,

unless the application is specific to the contents of the season,

including identified programs and/or projects.

SEC. 329. DELAY IN IMPLEMENTATION OF THE ADMINISTRATION’S

RANGELAND REFORM PROGRAM.—None of the funds made available

under this or any other Act may be used to implement or enforce

the final rule published by the Secretary of the Interior on February

22, 1995 (60 Fed. Reg. 9894), making amendments to parts 4,

1780, and 4100 of title 43, Code of Federal Regulations, to take

effect August 21, 1995, until November 21, 1995. None of the

funds made available under this or any other Act may be used

to publish proposed or enforce final regulations governing the

management of livestock grazing on lands administered by the

Forest Service until November 21, 1995.

SEC. 330. Section 1864 of title 18, United States Code, is

amended—

(1) in subsection (b)—

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

‘‘40’’;

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

‘‘20’’;

(C) in paragraph (4), by striking ‘‘if damage exceeding

$10,000 to the property of any individual results,’’ and

inserting ‘‘if damage to the property of any individual

results or if avoidance costs have been incurred exceeding

$10,000, in the aggregate,’’; and

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

‘‘20’’;

(2) in subsection (c) by striking ‘‘ten’’ and inserting ‘‘20’’;

(3) in subsection (d), by—

(A) striking ‘‘and’’ at the end of paragraph (2);

(B) striking the period at the end of paragraph (3)

and inserting ‘‘; and’’; and

(C) adding at the end the following:
H. R. 1977—54

‘‘(4) the term ‘avoidance costs’ means costs incurred by

any individual for the purpose of—

‘‘(A) detecting a hazardous or injurious device; or

‘‘(B) preventing death, serious bodily injury, bodily

injury, or property damage likely to result from the use

of a hazardous or injurious device in violation of subsection

(a).’’; and

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

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

(a) may commence a civil action on his own behalf against any

person who is alleged to be in violation of subsection (a). The

district courts shall have jurisdiction, without regard to the amount

in controversy or the citizenship of the parties, in such civil actions.

The court may award, in addition to monetary damages for any

injury resulting from an alleged violation of subsection (a), costs

of litigation, including reasonable attorney and expert witness fees,

to any prevailing or substantially prevailing party, whenever the

court determines such award is appropriate.’’.

SEC. 331. (a) PURPOSES OF NATIONAL ENDOWMENT FOR THE

ARTS.—Section 2 of the National Foundation on the Arts and the

Humanities Act of 1965, as amended (20 U.S.C. 951), sets out

findings and purposes for which the National Endowment for the

Arts was established, among which are—

(1) ‘‘The arts and humanities belong to all the people of

the United States’’;

(2) ‘‘The arts and humanities reflect the high place accorded

by the American people . . . to the fostering of mutual respect

for the diverse beliefs and values of all persons and groups’’; (3) ‘‘Public funding of the arts and humanities is subject

to the conditions that traditionally govern the use of public

money [and] such funding should contribute to public support

and confidence in the use of taxpayer funds’’; and (4) ‘‘Public funds provided by the Federal Government must

ultimately serve public purposes the Congress defines’’.

(b) ADDITIONAL CONGRESSIONAL FINDINGS.—Congress further

finds and declares that the use of scarce funds, which have been

taken from all taxpayers of the United States, to promote, disseminate, sponsor, or produce any material or performance that— (1) denigrates the religious objects or religious beliefs of

the adherents of a particular religion, or (2) depicts or describes, in a patently offensive way, sexual

or excretory activities or organs,

is contrary to the express purposes of the National Foundation

on the Arts and the Humanities Act of 1965, as amended.

(c) PROHIBITION ON FUNDING THAT IS NOT CONSISTENT WITH

THE PURPOSES OF THE ACT.—Notwithstanding any other provision

of law, none of the scarce funds which have been taken from

all taxpayers of the United States and made available under this

Act to the National Endowment for the Arts may be used to promote, disseminate, sponsor, or produce any material or performance

that—

(1) denigrates the religious objects or religious beliefs of

the adherents of a particular religion, or

(2) depicts or describes, in a patently offensive way, sexual

or excretory activities or organs,

and this prohibition shall be strictly applied without regard to

the content or viewpoint of the material or performance.
H. R. 1977—55

(d) SECTION NOT TO AFFECT OTHER WORKS.—Nothing in this

section shall be construed to affect in any way the freedom of

any artist or performer to create any material or performance

using funds which have not been made available under this Act

to the National Endowment for the Arts.

SEC. 332. For purposes related to the closure of the Bureau

of Mines, funds made available to the United States Geological

Survey, the United States Bureau of Mines, and the Bureau of

Land Management shall be available for transfer, with the approval

of the Secretary of the Interior, among the following accounts:

United States Geological Survey, Surveys, investigations, and

research; Bureau of Mines, Mines and minerals; and Bureau of

Land Management, Management of lands and resources. The Secretary of Energy shall reimburse the Secretary of the Interior,

in an amount to be determined by the Director of the Office of

Management and Budget, for the expenses of the transferred functions between October 1, 1995 and the effective date of the transfers

of function. Such transfers shall be subject to the reprogramming

guidelines of the House and Senate Committees on Appropriations.

SEC. 333. No funds appropriated under this or any other Act

shall be used to review or modify sourcing areas previously approved

under section 490(c)(3) of the Forest Resources Conservation and

Shortage Relief Act of 1990 (Public Law 101–382) or to enforce

or implement Federal regulations 36 CFR part 223 promulgated

on September 8, 1995. The regulations and interim rules in effect

prior to September 8, 1995 (36 CFR 223.48, 36 CFR 223.87, 36

CFR 223 Subpart D, 36 CFR 223 Subpart F, and 36 CFR 261.6)

shall remain in effect. The Secretary of Agriculture or the Secretary

of the Interior shall not adopt any policies concerning Public Law

101–382 or existing regulations that would restrain domestic

transportation or processing of timber from private lands or impose

additional accountability requirements on any timber. The Secretary

of Commerce shall extend until September 30, 1996, the order

issued under section 491(b)(2)(A) of Public Law 101–382 and shall

issue an order under section 491(b)(2)(B) of such law that will

be effective October 1, 1996.

SEC. 334. The National Park Service, in accordance with the

Memorandum of Agreement between the United States National

Park Service and the City of Vancouver dated November 4, 1994,

shall permit general aviation on its portion of Pearson Field in

Vancouver, Washington until the year 2022, during which time

a plan and method for transitioning from general aviation aircraft

to historic aircraft shall be completed; such transition to be accomplished by that date. This action shall not be construed to limit

the authority of the Federal Aviation Administration over air traffic

control or aviation activities at Pearson Field or limit operations

and airspace of Portland International Airport.

SEC. 335. The United States Forest Service approval of Alternative site 2 (ALT 2), issued on December 6, 1993, is hereby

authorized and approved and shall be deemed to be consistent

with, and permissible under, the terms of Public Law 100–696

(the Arizona-Idaho Conservation Act of 1988).
H. R. 1977—56

This Act may be cited as the ‘‘Department of the Interior

and Related Agencies Appropriations Act, 1996’’.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.