Calendar No. 160

104TH CONGRESS

1ST SESSION H. R. 1977

[Report No. 104–125]

AN ACT

Making appropriations for the Department of the

poses.ending September 30, 1996, and for other purInterior and related agencies for the fiscal year

JULY 19 (legislative day, JULY 10), 1995

Received; read twice and referred to the Committee on

Appropriations

JULY 28 (legislative day, JULY 10), 1995

Reported with amendments
II

Calendar No. 160

104TH CONGRESS

1ST SESSION H. R. 1977

[Report No. 104–125]

IN THE SENATE OF THE UNITED STATES

JULY 19 (legislative day, JULY 10), 1995

Received; read twice and referred to the Committee on Appropriations

JULY 28 (legislative day, JULY 10), 1995

Reported by Mr. GORTON, with amendments

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

AN ACT

Making appropriations for the Department of the Interior

and related agencies for the fiscal year ending September

30, 1996, and for other purposes.

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

3 That the following sums are appropriated, out of any

4 money in the Treasury not otherwise appropriated, for the

5 Department of the Interior and related agencies for the

6 fiscal year ending September 30, 1996, and for other pur7 poses, namely:
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1 TITLE I—DEPARTMENT OF THE INTERIOR

2 BUREAU OF LAND MANAGEMENT

3 MANAGEMENT OF LANDS AND RESOURCES

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

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

10 of the Bureau of Land Management, including the general

11 administration of the Bureau $570,017,000 $565,936,000,

12 to remain available until expended, of which not more than

13 $599,999 shall be available to the Needles Resources Area

14 for the management of the East Mojave National Scenic

15 Area, as defined by the Bureau of Land Management

16 prior to October 1, 1994, in the California Desert District

17 of the Bureau of Land Management, and of which

18 $4,000,000 shall be derived from the special receipt ac19 count established by section 4 of the Land and Water Con20 servation Fund Act of 1965, as amended (16 U.S.C. 460l–

21 6a(i)): Provided, That appropriations herein made shall

22 not be available for the destruction of healthy, unadopted,

23 wild horses and burros in the care of the Bureau or its

24 contractors; and in addition, $27,650,000 for Mining Law

25 Administration program operations, to remain available
3

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

2 Bureau of Land Management and credited to this appro3 priation from annual mining claim fees so as to result in

4 a final appropriation estimated at not more than

5 $570,017,000 $565,936,000: Provided further, That in ad6 dition to funds otherwise available, and to remain available

7 until expended, not to exceed $5,000,000 from annual

8 mining claim fees shall be credited to this account for the

9 costs of administering the mining claim fee program, and

10 $2,000,000 from communication site rental fees estab11 lished by the Bureau.

12 WILDLAND FIRE MANAGEMENT

13 For necessary expenses for fire use and management,

14 fire preparedness, emergency presuppression, suppression

15 operations, emergency rehabilitation, and renovation or

16 construction of fire facilities in the Department of the In17 terior, $235,924,000 $242,159,000, to remain available

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

19 be available for the renovation or construction of fire fa20 cilities: Provided, That notwithstanding any other provi21 sion of law, persons hired pursuant to 43 U.S.C. 1469

22 may be furnished subsistence and lodging without cost

23 from funds available from this appropriation: Provided

24 further, That such funds are also available for repayment

25 of advances to other appropriation accounts from which

26 funds were previously transferred for such purposes: Pro-
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1 vided further, That unobligated balances of amounts pre2 viously appropriated to the Fire Protection and Emer3 gency Department of the Interior Firefighting Fund may

4 be transferred or merged with this appropriation.

5 CENTRAL HAZARDOUS MATERIALS FUND

6 For expenses necessary for use by the Department

7 of the Interior and any of its component offices and bu8 reaus for the remedial action, including associated activi9 ties, of hazardous waste substances, pollutants, or con10 taminants pursuant to the Comprehensive Environmental

11 Response, Compensation and Liability Act, as amended

12 (42 U.S.C. 9601 et seq.), $10,000,000, to remain available

13 until expended: Provided, That, notwithstanding 31

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

15 advance of or as reimbursement for remedial action or re16 sponse activities conducted by the Department pursuant

17 to sections 107 or 113(f) of the Comprehensive Environ18 mental Response, Compensation and Liability Act, as

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

20 to this account and shall be available without further ap21 propriation and shall remain available until expended: Pro22 vided further, That such sums recovered from or paid by

23 any party are not limited to monetary payments and may

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

25 which may be retained, liquidated, or otherwise disposed
5

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1 of by the Secretary of the Interior and which shall be cred2 ited to this account.

3 CONSTRUCTION AND ACCESS

4 For acquisition of lands and interests therein, and

5 construction of buildings, recreation facilities, roads,

6 trails, and appurtenant facilities, $2,515,000 $2,615,000,

7 to remain available until expended.

8 PAYMENTS IN LIEU OF TAXES

9 For expenses necessary to implement the Act of Octo10 ber 20, 1976, as amended (31 U.S.C. 6901–07),

11 $111,409,000 $100,000,000, of which not to exceed

12 $400,000 shall be available for administrative expenses.

13 LAND ACQUISITION

14 For expenses necessary to carry out the provisions

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

16 including administrative expenses and acquisition of lands

17 or waters, or interests therein, $8,500,000 $10,550,000 to

18 be derived from the Land and Water Conservation Fund,

19 to remain available until expended.

20 OREGON AND CALIFORNIA GRANT LANDS

21 For expenses necessary for management, protection,

22 and development of resources and for construction, oper23 ation, and maintenance of access roads, reforestation, and

24 other improvements on the revested Oregon and California

25 Railroad grant lands, on other Federal lands in the Or26 egon and California land-grant counties of Oregon, and
6

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1 on adjacent rights-of-way; and acquisition of lands or in2 terests therein including existing connecting roads on or

3 adjacent to such grant lands; $91,387,000 $95,364,000, to

4 remain available until expended: Provided, That 25 per

5 centum of the aggregate of all receipts during the current

6 fiscal year from the revested Oregon and California Rail7 road grant lands is hereby made a charge against the Or8 egon and California land-grant fund and shall be trans9 ferred to the General Fund in the Treasury in accordance

10 with the provisions of the second paragraph of subsection

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

12 876).

13 RANGE IMPROVEMENTS

14 For rehabilitation, protection, and acquisition of

15 lands and interests therein, and improvement of Federal

16 rangelands pursuant to section 401 of the Federal Land

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

18 notwithstanding any other Act, sums equal to 50 per cen19 tum of all moneys received during the prior fiscal year

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

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

22 improvements from grazing fees and mineral leasing re23 ceipts from Bankhead-Jones lands transferred to the De24 partment of the Interior pursuant to law, but not less than

25 $9,113,000, to remain available until expended: Provided,
7

HR 1977 RS

1 That not to exceed $600,000 shall be available for admin2 istrative expenses.

3 SERVICE CHARGES, DEPOSITS, AND FORFEITURES

4 For administrative expenses and other costs related

5 to processing application documents and other authoriza6 tions for use and disposal of public lands and resources,

7 for costs of providing copies of official public land docu8 ments, for monitoring construction, operation, and termi9 nation of facilities in conjunction with use authorizations,

10 and for rehabilitation of damaged property, such amounts

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

12 305(a), and 504(g) of the Act approved October 21, 1976

13 (43 U.S.C. 1701), and sections 101 and 203 of Public

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

15 Provided, That notwithstanding any provision to the con16 trary of section 305(a) of the Act of October 21, 1976

17 (43 U.S.C. 1735(a)), any moneys that have been or will

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

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

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

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

22 under the authority of this or subsequent appropriations

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

24 any public lands administered through the Bureau of

25 Land Management which have been damaged by the ac26 tion of a resource developer, purchaser, permittee, or any
8

HR 1977 RS

1 unauthorized person, without regard to whether all mon2 eys collected from each such forfeiture, compromise, or

3 settlement are used on the exact lands damage to which

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

5 further, That such moneys are in excess of amounts need6 ed to repair damage to the exact land for which collected.

7 MISCELLANEOUS TRUST FUNDS

8 In addition to amounts authorized to be expended

9 under existing law, there is hereby appropriated such

10 amounts as may be contributed under section 307 of the

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

12 amounts as may be advanced for administrative costs, sur13 veys, appraisals, and costs of making conveyances of omit14 ted lands under section 211(b) of that Act, to remain

15 available until expended.

16 ADMINISTRATIVE PROVISIONS

17 Appropriations for the Bureau of Land Management

18 shall be available for purchase, erection, and dismantle19 ment of temporary structures, and alteration and mainte20 nance of necessary buildings and appurtenant facilities to

21 which the United States has title; up to $100,000 for pay22 ments, at the discretion of the Secretary, for information

23 or evidence concerning violations of laws administered by

24 the Bureau of Land Management; miscellaneous and

25 emergency expenses of enforcement activities authorized

26 or approved by the Secretary and to be accounted for sole-
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1 ly on his certificate, not to exceed $10,000: Provided, That

2 notwithstanding 44 U.S.C. 501, the Bureau may, under

3 cooperative cost-sharing and partnership arrangements

4 authorized by law, procure printing services from coopera5 tors in connection with jointly-produced publications for

6 which the cooperators share the cost of printing either in

7 cash or in services, and the Bureau determines the co8 operator is capable of meeting accepted quality standards.

9 UNITED STATES FISH AND WILDLIFE SERVICE

10 RESOURCE MANAGEMENT

11 For expenses necessary for scientific and economic

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

15 of other authorized functions related to such resources; for

16 the general administration of the United States Fish and

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

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

20 within the scope of the approved budget which shall be

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

23 Law 93–408, $498,035,000 (less $885,000) $496,978,000,

24 to remain available for obligation until September 30,

25 1997, of which $11,557,000 shall be available until ex-
10

HR 1977 RS

1 pended for operation and maintenance of fishery mitiga2 tion facilities constructed by the Corps of Engineers under

3 the Lower Snake River Compensation Plan, authorized by

4 the Water Resources Development Act of 1976 (90 Stat.

5 2921), to compensate for loss of fishery resources from

6 water development projects on the Lower Snake River:

7 Provided, That unobligated and unexpended balances in

8 the Resource Management account at the end of fiscal

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

10 fiscal year 1996 Resource Management appropriation, and

11 shall remain available for obligation until September 30,

12 1997: Provided further, That no monies appropriated

13 under this Act or any other law shall be used to implement

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

15 Endangered Species Act until such time as legislation reau16 thorizing the Act is enacted, except that monies appro17 priated under this Act may be used to delist or reclassify

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

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

20 CONSTRUCTION

21 For construction and acquisition of buildings and

22 other facilities required in the conservation, management,

23 investigation, protection, and utilization of fishery and

24 wildlife resources, and the acquisition of lands and inter25 ests therein; $26,355,000 $38,775,000, to remain available

26 until expended.
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1 NATURAL RESOURCE DAMAGE ASSESSMENT FUND

2 To conduct natural resource damage assessment ac3 tivities by the Department of the Interior necessary to

4 carry out the provisions of the Comprehensive Environ5 mental Response, Compensation, and Liability Act, as

6 amended (42 U.S.C. 9601, et seq.), Federal Water Pollu7 tion Control Act, as amended (33 U.S.C. 1251, et seq.),

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

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

10 $6,019,000 $4,000,000, to remain available until ex11 pended: Provided, That sums provided by any party in fis12 cal year 1996 and thereafter are not limited to monetary

13 payments and may include stocks, bonds or other personal

14 or real property, which may be retained, liquidated or oth15 erwise disposed of by the Secretary and such sums or

16 properties shall be utilized for the restoration of injured

17 resources, and to conduct new damage assessment activi18 ties.

19 LAND ACQUISITION

20 For expenses necessary to carry out the provisions

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

22 as amended (16 U.S.C. 460l–4–11), including administra23 tive expenses, and for acquisition of land or waters, or in24 terest therein, in accordance with statutory authority ap25 plicable to the United States Fish and Wildlife Service,

26 $14,100,000 $32,031,000, to be derived from the Land
12

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1 and Water Conservation Fund, to remain available until

2 expended.

3 COOPERATIVE ENDANGERED SPECIES CONSERVATION

4 FUND

5 For expenses necessary to carry out the provisions

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

7 1543), as amended by Public Law 100–478, $8,085,000

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

9 Endangered Species Conservation Fund, and to remain

10 available until expended.

11 NATIONAL WILDLIFE REFUGE FUND

12 For expenses necessary to implement the Act of Octo13 ber 17, 1978 (16 U.S.C. 715s), $10,779,000.

14 REWARDS AND OPERATIONS

15 For expenses necessary to carry out the provisions

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

17 4201–4203, 4211–4213, 4221–4225, 4241–4245, and

18 1538), $600,000, to remain available until expended.

19 NORTH AMERICAN WETLANDS CONSERVATION FUND

20 For expenses necessary to carry out the provisions

21 of the North American Wetlands Conservation Act, Public

22 Law 101–233, $4,500,000 $6,750,000, to remain available

23 until expended.
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1 LAHONTAN VALLEY AND PYRAMID LAKE FISH AND

2 WILDLIFE FUND

3 For carrying out section 206(f) of Public Law 101–

4 618, such sums as have previously been credited or may

5 be credited hereafter to the Lahontan Valley and Pyramid

6 Lake Fish and Wildlife Fund, to be available until ex7 pended without further appropriation.

8 RHINOCEROS AND TIGER CONSERVATION FUND

9 For deposit to the Rhinoceros and Tiger Conserva10 tion Fund, $200,000, to remain available until expended,

11 to be available to carry out the provisions of the Rhinoc12 eros and Tiger Conservation Act of 1994 (P.L. 103–391).

13 WILDLIFE CONSERVATION AND APPRECIATION FUND

14 For deposit to the Wildlife Conservation and Appre15 ciation Fund, $998,000 $800,000, to remain available

16 until expended,–to be available for carrying out the Part17 nerships for Wildlife Act only to the extent such funds

18 are matched as provided in section 7105 of said Act.

19 ADMINISTRATIVE PROVISIONS

20 Appropriations and funds available to the United

21 States Fish and Wildlife Service shall be available for pur22 chase of not to exceed 54 passenger 113 motor vehicles,

23 none of which are for police-type use; not to exceed

24 $400,000 for payment, at the discretion of the Secretary,

25 for information, rewards, or evidence concerning violations

26 of laws administered by the United States Fish and Wild-
14

HR 1977 RS

1 life Service, and miscellaneous and emergency expenses of

2 enforcement activities, authorized or approved by the Sec3 retary and to be accounted for solely on his certificate;

4 repair of damage to public roads within and adjacent to

5 reservation areas caused by operations of the United

6 States Fish and Wildlife Service; options for the purchase

7 of land at not to exceed $1 for each option; facilities inci8 dent to such public recreational uses on conservation areas

9 as are consistent with their primary purpose; and the

10 maintenance and improvement of aquaria, buildings, and

11 other facilities under the jurisdiction of the United States

12 Fish and Wildlife Service and to which the United States

13 has title, and which are utilized pursuant to law in connec14 tion with management and investigation of fish and wild15 life resources: Provided, That notwithstanding 44 U.S.C.

16 501, the Service may, under cooperative cost sharing and

17 partnership arrangements authorized by law, procure

18 printing services from cooperators in connection with

19 jointly-produced publications for which the cooperators

20 share at least one-half the cost of printing either in cash

21 or services and the Service determines the cooperator is

22 capable of meeting accepted quality standards: Provided

23 further, That the United States Fish and Wildlife Service

24 may accept donated aircraft as replacements for existing

25 aircraft: Provided further, That notwithstanding any other
15

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1 provision of law, the Secretary of the Interior may not

2 spend any of the funds appropriated in this Act for the

3 purchase of lands or interests in lands to be used in the

4 establishment of any new unit of the National Wildlife

5 Refuge System unless the purchase is approved in advance

6 by the House and Senate Committees on Appropriations

7 in compliance with the reprogramming procedures con8 tained in House Report 103–551:–Provided further, That

9 none of the funds made available in this Act may be used

10 by the U.S. Fish and Wildlife Service to impede or delay

11 the issuance of a wetlands permit by the U.S. Army Corps

12 of Engineers to the City of Lake Jackson, Texas, for the

13 development of a public golf course west of Buffalo Camp

14 Bayou between the Brazos River and Highway 332: Pro15 vided further, That notwithstanding the Emergency Wet16 lands Resources Act of 1986 (16 U.S.C. 3911), amounts col17 lected from the sale of admissions permits and from fees

18 collected at units of the Fish and Wildlife Service for fiscal

19 year 1996 shall be available for use by the Fish and Wildlife

20 Service pursuant to paragraph (c)(4) of section 315 of this

21 Act: Provided further, That, with respect to lands leased for

22 farming pursuant to Public Law 88–567, none of the funds

23 in this Act may be used to develop, implement, or enforce

24 regulations or policies (including pesticide use proposals)

25 related to the use of chemicals and pest management that
16

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1 are more restrictive than the requirements of applicable

2 State and Federal laws related to the use of chemicals and

3 pest management practices on non-Federal lands.

4 NATURAL RESOURCES SCIENCE AGENCY

5 RESEARCH, INVENTORIES, AND SURVEYS

6 For authorized expenses necessary for scientific re7 search relating to species biology, population dynamics,

8 and ecosystems; inventory and monitoring activities; tech9 nology development and transfer; the operation of Coopera10 tive Research Units; for the purchase of not to exceed 61

11 passenger motor vehicles, of which 55 are for replacement

12 only; and for the general administration of the National

13 Biological Service, $145,965,000, of which $145,915,000

14 shall remain available until September 30, 1997, and of

15 which $50,000 shall remain available until expended for

16 construction: Provided, That none of the funds under this

17 head shall be used to conduct new surveys on private prop18 erty unless specifically authorized in writing by the prop19 erty owner: Provided further, That none of the funds pro20 vided herein for resource research may be used to admin21 ister a volunteer program when it is made known to the

22 Federal official having authority to obligate or expend such

23 funds that the volunteers are not properly trained or that

24 information gathered by the volunteers is not carefully veri25 fied: Provided further, That no later than April 1, 1996,
17

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1 the Assistant Secretary for Water and Science shall issue

2 agency guidelines for resource research that ensure that sci3 entific and technical peer review is used as fully as possible

4 in selection of projects for funding and ensure the validity

5 and reliability of research and data collection on Federal

6 lands: Provided further, That no funds available for re7 source research may be used for any activity that was not

8 authorized prior to the establishment of the National Bio9 logical Survey: Provided further, That once every five years

10 the National Academy of Sciences shall review and report

11 on the resource research activities of the agency: Provided

12 further, That if specific authorizing legislation is enacted

13 during or before the start of fiscal year 1996, the agency

14 should comply with the provisions of that legislation.

15 NATIONAL PARK SERVICE

16 OPERATION OF THE NATIONAL PARK SYSTEM

17 For expenses necessary for the management, oper18 ation, and maintenance of areas and facilities adminis19 tered by the National Park Service (including special road

20 maintenance service to trucking permittees on a reimburs21 able basis), and for the general administration of the Na22 tional Park Service, including not to exceed $1,593,000

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

24 $1,000,000 for high priority projects within the scope of

25 the approved budget which shall be carried out by the
18

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1 Youth Conservation Corps as authorized by the Act of Au2 gust 13, 1970, as amended by Public Law 93–408,

3 $1,088,249,000 $1,092,265,000, without regard to the Act

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

5 which not to exceed $72,000,000, to remain available until

6 expended is to be derived from the special fee account es7 tablished pursuant to title V, section 5201, of Public Law

8 100–203, and of which not more than $1 shall be available

9 for activies of the National Park Service at the Mojave

10 National Preserve.

11 NATIONAL RECREATION AND PRESERVATION

12 For expenses necessary to carry out recreation pro13 grams, natural programs, cultural programs, environ14 mental compliance and review, international park affairs,

15 statutory or contractual aid for other activities, and grant

16 administration, not otherwise provided for, $35,725,000

17 $38,051,000: Provided, That $248,000 $236,000 of the

18 funds provided herein are for the William O. Douglas Out19 door Education Center, subject to authorization.

20 HISTORIC PRESERVATION FUND

21 For expenses necessary in carrying out the provisions

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

23 as amended (16 U.S.C. 470), $37,934,000 $38,312,000,

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

26 available for obligation until September 30, 1997.
19

HR 1977 RS

1 CONSTRUCTION

2 For construction, improvements, repair or replace3 ment of physical facilities, $114,868,000 $116,480,000, to

4 remain available until expended: Provided, That not to ex5 ceed $6,000,000 $4,500,000 shall be paid to the Army

6 Corps of Engineers for modifications authorized by section

7 104 of the Everglades National Park Protection and Ex8 pansion Act of 1989: Provided further, That up to

9 $1,500,000 of the funds provided under this head, to be de10 rived from the Historic Preservation Fund, established by

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

12 amended (16 U.S.C. 470), shall be available until expended

13 to render the site safe for visitors and to continue building

14 stabilization of the Kennicott, Alaska copper mine.

15 LAND AND WATER CONSERVATION FUND

16 (RESCISSION)

17 The contract authority provided for fiscal year 1996

18 by 16 U.S.C. 460l–10a is rescinded.

19 LAND ACQUISITION AND STATE ASSISTANCE

20 For expenses necessary to carry out the provisions

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

22 as amended (16 U.S.C. 460l–4–11), including administra23 tive expenses, and for acquisition of lands or waters, or

24 interest therein, in accordance with statutory authority

25 applicable to the National Park Service, $14,300,000

26 $43,230,000, to be derived from the Land and Water Con-
20

HR 1977 RS

1 servation Fund, to remain available until expended,–of

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

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

4 of which $1,500,000 is to administer the State assistance

5 program: Provided, That funds appropriated herein for the

6 purpose of acquisition of the Elwha and Glines dams shall

7 be used solely for acquisition, and shall not be expended

8 until the full purchase amount has been appropriated by

9 the Congress.

10 ADMINISTRATIVE PROVISIONS

11 Appropriations for the National Park Service shall be

12 available for the purchase of not to exceed 518 passenger

13 motor vehicles, of which 323 shall be for replacement only,

14 including not to exceed 411 for police-type use, 12 buses,

15 and 5 ambulances: Provided, That none of the funds ap16 propriated to the National Park Service may be used to

17 process any grant or contract documents which do not in18 clude the text of 18 U.S.C. 1913: Provided further, That

19 none of the funds appropriated to the National Park Serv20 ice may be used to implement an agreement for the rede21 velopment of the southern end of Ellis Island until such

22 agreement has been submitted to the Congress and shall not

23 be implemented prior to the expiration of 30 calendar days

24 (not including any day in which either House of Congress

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

26 calendar days to a day certain) from the receipt by the
21

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1 Speaker of the House of Representatives and the President

2 of the Senate of a full and comprehensive report on the de3 velopment of the southern end of Ellis Island, including the

4 facts and circumstances relied upon in support of the pro5 posed project.

6 None of the funds in this Act may be spent by the Na7 tional Park Service for a United Nations Biodiversity Ini8 tiative in the United States.

9 UNITED STATES GEOLOGICAL SURVEY

10 SURVEYS, INVESTIGATIONS, AND RESEARCH

11 For expenses necessary for the United States Geo12 logical Survey to perform surveys, investigations, and re13 search covering topography, geology, hydrology, and the

14 mineral and water resources of the United States, its Ter15 ritories and possessions, and other areas as authorized by

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

17 their mineral and water resources; give engineering super18 vision to power permittees and Federal Energy Regulatory

19 Commission licensees; administer the minerals exploration

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

21 data relative to the foregoing activities; $686,944,000

22 $577,503,000, of which $62,130,000 shall be available for

23 cooperation with States or municipalities for water re24 sources investigations,–and of which $112,888,000 for re25 source research and the operations of Cooperative Re-
22

HR 1977 RS

1 search Units shall remain available until September 30,

2 1997: Provided, That no part of this appropriation shall

3 be used to pay more than one-half the cost of any topo4 graphic mapping or water resources investigations carried

5 on in cooperation with any State or municipality: Provided

6 further, That funds available herein for resource research

7 may be used for the purchase of not to exceed 61 pas8 senger motor vehicles, of which 55 are for replacement

9 only: Provided further, That none of the funds available

10 under this head for resource research shall be used to con11 duct new surveys on private property except when it is

12 made known to the Federal official having authority to

13 obligate or expend such funds that the survey or research

14 has been requested and authorized in writing by the prop15 erty owner or the owner’s authorized representative: Pro16 vided further, That none of the funds provided herein for

17 resource research may be used to administer a volunteer

18 program when it is made known to the Federal official

19 having authority to obligate or expend such funds that the

20 volunteers are not properly trained or that information

21 gathered by the volunteers is not carefully verified: Pro22 vided further, That no later than April 1, 1996, the Direc23 tor of the United States Geological Survey shall issue

24 agency guidelines for resource research that ensure that

25 scientific and technical peer review is utilized as fully as
23

HR 1977 RS

1 possible in selection of projects for funding and ensure the

2 validity and reliability of research and data collection on

3 Federal lands: Provided further, That no funds available

4 for resource research may be used for any activity that

5 was not authorized prior to the establishment of the Na6 tional Biological Survey: Provided further, That once every

7 five years the National Academy of Sciences shall review

8 and report on the resource research activities of the Sur9 vey: Provided further, That if specific authorizing legisla10 tion is enacted during or before the start of fiscal year

11 1996, the resource research component of the Survey

12 should comply with the provisions of that legislation: Pro13 vided further, That unobligated and unexpended balances

14 in the National Biological Survey, Research, inventories

15 and surveys account at the end of fiscal year 1995, shall

16 be merged with and made a part of the United States Geo17 logical Survey, Surveys, investigations, and research ac18 count and shall remain available for obligation until Sep19 tember 30, 1996.

20 ADMINISTRATIVE PROVISIONS

21 The amount appropriated for the United States Geo22 logical Survey shall be available for purchase of not to ex23 ceed 22 passenger motor vehicles, for replacement only;

24 reimbursement to the General Services Administration for

25 security guard services; contracting for the furnishing of

26 topographic maps and for the making of geophysical or
24

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1 other specialized surveys when it is administratively deter2 mined that such procedures are in the public interest; con3 struction and maintenance of necessary buildings and ap4 purtenant facilities; acquisition of lands for gauging sta5 tions and observation wells; expenses of the United States

6 National Committee on Geology; and payment of com7 pensation and expenses of persons on the rolls of the Unit8 ed States Geological Survey appointed, as authorized by

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

10 administration of interstate compacts: Provided, That ac11 tivities funded by appropriations herein made may be ac12 complished through the use of contracts, grants, or coop13 erative agreements as defined in 31 U.S.C. 6302, et seq.

14 MINERALS MANAGEMENT SERVICE

15 ROYALTY AND OFFSHORE MINERALS MANAGEMENT

16 For expenses necessary for minerals leasing and envi17 ronmental studies, regulation of industry operations, and

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

19 laws and regulations applicable to oil, gas, and other min20 erals leases, permits, licenses and operating contracts; and

21 for matching grants or cooperative agreements; including

22 the purchase of not to exceed eight passenger motor vehi23 cles for replacement only; $186,556,000 $182,169,000, of

24 which not less than $70,105,000 shall be available for roy25 alty management activities; and an amount not to exceed
25

HR 1977 RS

1 $12,400,000 $15,400,000 for the Technical Information

2 Management System of and Related Activities of the Outer

3 Continental Shelf (OCS) Lands Activity, to be credited to

4 this appropriation and to remain available until expended,

5 from additions to receipts resulting from increases to rates

6 in effect on August 5, 1993, from rate increases to fee

7 collections for OCS administrative activities performed by

8 the Minerals Management Service over and above the

9 rates in effect on September 30, 1993, and from addi10 tional fees for OCS administrative activities established

11 after September 30, 1993: Provided, That beginning in

12 fiscal year 1996 and thereafter, fees for royalty rate relief

13 applications shall be established (and revised as needed)

14 in Notices to Lessees, and shall be credited to this account

15 in the program areas performing the function, and remain

16 available until expended for the costs of administering the

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

18 Provided further, That $1,500,000 for computer acquisi19 tions shall remain available until September 30, 1997:

20 Provided further, That funds appropriated under this Act

21 shall be available for the payment of interest in accordance

22 with 30 U.S.C. 1721 (b) and (d): Provided further, That

23 not to exceed $3,000 shall be available for reasonable ex24 penses related to promoting volunteer beach and marine

25 cleanup activities: Provided further, That notwithstanding
26

HR 1977 RS

1 any other provision of law, $15,000 under this head shall

2 be available for refunds of overpayments in connection

3 with certain Indian leases in which the Director of the

4 Minerals Management Service concurred with the claimed

5 refund due, to pay amounts owed to Indian allottees or

6 Tribes, or to correct prior unrecoverable erroneous pay7 ments: Provided further, That beginning in fiscal year

8 1996 and thereafter, the Secretary shall take appropriate

9 action to collect unpaid and underpaid royalties and late

10 payment interest owed by Federal and Indian mineral les11 sees and other royalty payors on amounts received in set12 tlement or other resolution of disputes under, and for par13 tial or complete termination of, sales agreements for min14 erals from Federal and Indian leases.

15 OIL SPILL RESEARCH

16 For necessary expenses to carry out the purposes of

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

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

19 of 1990, $6,440,000, which shall be derived from the Oil

20 Spill Liability Trust Fund, to remain available until ex21 pended.

22 BUREAU OF MINES

23 MINES AND MINERALS

24 For expenses necessary for the orderly closure of the

25 Bureau of Mines, $87,000,000 For expenses necessary for

26 conducting inquiries, technological investigations, and re-
27

HR 1977 RS

1 search concerning the extraction, processing, use, and dis2 posal of mineral substances without objectionable social and

3 environmental costs; to foster and encourage private enter4 prise in the development of mineral resources and the pre5 vention of waste in the mining, minerals, metal, and min6 eral reclamation industries; to inquire into the economic

7 conditions affecting those industries; to promote health and

8 safety in mines and the mineral industry through research;

9 and for other related purposes as authorized by law,

10 $132,507,000, of which $111,192,000 shall remain available

11 until expended.

12 ADMINISTRATIVE PROVISIONS

13 The Secretary is authorized to accept lands, buildings,

14 equipment, other contributions, and fees from public and

15 private sources, and to prosecute projects using such con16 tributions and fees in cooperation with other Federal,

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

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

19 directly or through any Government agency, including cor20 porations, any metal or mineral products that may be

21 manufactured in pilot plants operated by the Bureau of

22 Mines, and the proceeds of such sales shall be covered into

23 the Treasury as miscellaneous receipts: Provided further,

24 That notwithstanding any other provision of law, the Sec25 retary is authorized to convey, without reimbursement,

26 title and all interest of the United States in property and
28

HR 1977 RS

1 facilities of the United States Bureau of Mines in Juneau,

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

3 Tuscaloosa, Alabama, to The University of Alabama; in

4 Rolla, Missouri, to the University of Missouri-Rolla; and

5 in other localities to such university or government entities

6 as the Secretary deems appropriate.

7 OFFICE OF SURFACE MINING RECLAMATION AND

8 ENFORCEMENT

9 REGULATION AND TECHNOLOGY

10 For necessary expenses to carry out the provisions

11 of the Surface Mining Control and Reclamation Act of

12 1977, Public Law 95–87, as amended, including the pur13 chase of not to exceed 15 passenger motor vehicles for re14 placement only; $92,751,000 $95,470,000, and notwith15 standing 31 U.S.C. 3302, an additional amount shall be

16 credited to this account, to remain available until ex17 pended, from performance bond forfeitures in fiscal year

18 1996: Provided, That notwithstanding any other provision

19 of law, the Secretary of the Interior, pursuant to regula20 tions, may utilize directly or through grants to States,

21 moneys collected in fiscal year 1996 pursuant to the as22 sessment of civil penalties under section 518 of the Sur23 face Mining Control and Reclamation Act of 1977 (30

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

25 mining practices after August 3, 1977, to remain available
29

HR 1977 RS

1 until expended: Provided further, That notwithstanding

2 any other provision of law, appropriations for the Office

3 of Surface Mining Reclamation and Enforcement may pro4 vide for the travel and per diem expenses of State and

5 tribal personnel attending Office of Surface Mining Rec6 lamation and Enforcement sponsored training.

7 ABANDONED MINE RECLAMATION FUND

8 For necessary expenses to carry out the provisions

9 of title IV of the Surface Mining Control and Reclamation

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

11 the purchase of not more than 22 passenger motor vehicles

12 for replacement only, $176,327,000 $170,441,000, to be

13 derived from receipts of the Abandoned Mine Reclamation

14 Fund and to remain available until expended,–of which

15 $5,000,000 shall be used for supplemental grants to

16 States for the reclamation of abandoned sites with acid

17 mine rock drainage from coal mines through the Appa18 lachian Clean Streams Initiative: Provided, That grants

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

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

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

22 emergency program authorized by section 410 of Public

23 Law 95–87, as amended, of which no more than 25 per

24 centum shall be used for emergency reclamation projects

25 in any one State and funds for Federally-administered

26 emergency reclamation projects under this proviso shall
30

HR 1977 RS

1 not exceed $11,000,000:–Provided further, That donations

2 credited to the Abandoned Mine Reclamation Fund, pur3 suant to section 401(b)(3) of Public Law 95–87, are here4 by appropriated and shall be available until expended to

5 support projects under the Appalachian Clean Streams

6 Initiative, directly, through agreements with other Federal

7 agencies, as otherwise authorized, or through grants to

8 States or local governments, or tax-exempt private enti9 ties: Provided further, That prior year unobligated funds

10 appropriated for the emergency reclamation program shall

11 not be subject to the 25 per centum limitation per State

12 and may be used without fiscal year limitation for emer13 gency projects: Provided further, That pursuant to Public

14 Law 97–365, the Department of the Interior is authorized

15 to utilize up to 20 per centum from the recovery of the

16 delinquent debt owed to the United States Government to

17 pay for contracts to collect these debts.

18 BUREAU OF INDIAN AFFAIRS

19 OPERATION OF INDIAN PROGRAMS

20 For operation of Indian programs by direct expendi21 ture, contracts, cooperative agreements, compacts, and

22 grants including expenses necessary to provide education

23 and welfare services for Indians, either directly or in co24 operation with States and other organizations, including

25 payment of care, tuition, assistance, and other expenses
31

HR 1977 RS

1 of Indians in boarding homes, or institutions, or schools;

2 grants and other assistance to needy Indians; maintenance

3 of law and order;–management, development, improve4 ment, and protection of resources and appurtenant facili5 ties under the jurisdiction of the Bureau of Indian Affairs,

6 including payment of irrigation assessments and charges;

7 acquisition of water rights; advances for Indian industrial

8 and business enterprises; operation of Indian arts and

9 crafts shops and museums; development of Indian arts

10 and crafts, as authorized by law; for the general adminis11 tration of the Bureau of Indian Affairs, including such

12 expenses in field offices; maintaining of Indian reservation

13 roads as defined in section 101 of title 23, United States

14 Code; and construction, repair, and improvement of Indian

15 housing, $1,508,777,000 (plus $851,000) $997,221,000, of

16 which not to exceed $106,126,000 $104,626,000 shall be

17 for payments to tribes and tribal organizations for con18 tract support costs associated with ongoing contracts or

19 grants or compacts entered into with the Bureau of Indian

20 Affairs prior to fiscal year 1996, as authorized by the In21 dian Self-Determination Act of 1975, as amended, and

22 $5,000,000 up to $5,000,000 shall be for the Indian Self23 Determination Fund, which shall be available for the tran24 sitional cost of initial or expanded tribal contracts, grants,

25 compacts, or cooperative agreements with the Bureau of
32

HR 1977 RS

1 Indian Affairs under the provisions of the Indian Self-De2 termination Act; and of which not to exceed $330,711,000

3 $330,991,000 for school operations costs of Bureau-funded

4 schools and other education programs shall become avail5 able for obligation on July 1, 1996, and shall remain avail6 able for obligation until September 30, 1997; and of which

7 not to exceed $67,138,000 $69,477,000 for higher edu8 cation scholarships, adult vocational training, and assist9 ance to public schools under the Johnson O’Malley Act

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

11 452 et seq.), shall remain available for obligation until Sep12 tember 30, 1997; and of which not to exceed $74,814,000

13 $35,331,000 shall remain available until expended for trust

14 funds management, housing improvement, road mainte15 nance, attorney fees, litigation support, self-governance

16 grants, and the Indian Self-Determination Fund,–and the

17 Navajo-Hopi Settlement Program: Provided, That tribes

18 and tribal contractors may use their tribal priority alloca19 tions for unmet indirect costs of ongoing contracts, grants

20 or compact agreements: Provided further, That funds

21 made available to tribes and tribal organizations through

22 contracts or grants obligated during fiscal year 1996, as

23 authorized by the Indian Self-Determination Act of 1975

24 (88 Stat. 2203; 25 U.S.C. 450 et seq.), or grants author25 ized by the Indian Education Amendments of 1988 (25
33

HR 1977 RS

1 U.S.C. 2001 and 2008A) shall remain available until ex2 pended by the contractor or grantee:–Provided further,

3 That notwithstanding any other provision of law, the stat4 ute of limitations shall not commence to run on any claim,

5 including any claim in litigation pending on the date of

6 this Act, concerning losses to or mismanagement of trust

7 funds, until the affected tribe or individual Indian has

8 been furnished with the accounting of such funds from

9 which the beneficiary can determine whether there has

10 been a loss: Provided further, That to provide funding uni11 formity within a Self-Governance Compact, any funds pro12 vided in this Act with availability for more than one year

13 may be reprogrammed to one year availability but shall

14 remain available within the Compact until expended: Pro15 vided further, That notwithstanding any other provision of

16 law, Indian tribal governments may, by appropriate

17 changes in eligibility criteria or by other means, change

18 eligibility for general assistance or change the amount of

19 general assistance payments for individuals within the

20 service area of such tribe who are otherwise deemed eligi21 ble for general assistance payments so long as such

22 changes are applied in a consistent manner to individuals

23 similarly situated: Provided further, That any savings real24 ized by such changes shall be available for use in meeting

25 other priorities of the tribes: Provided further, That any
34

HR 1977 RS

1 net increase in costs to the Federal Government which re2 sult solely from tribally increased payment levels for gen3 eral assistance shall be met exclusively from funds avail4 able to the tribe from within its tribal priority allocation:–

5 Provided further, That any forestry funds allocated to a

6 tribe which remain unobligated as of September 30, 1996,

7 may be transferred during fiscal year 1997 to an Indian

8 forest land assistance account established for the benefit

9 of such tribe within the tribe’s trust fund account: Pro10 vided further, That any such unobligated balances not so

11 transferred shall expire on September 30, 1997: Provided

12 further, That notwithstanding any other provision of law,

13 no funds available to the Bureau of Indian Affairs, other

14 than the amounts provided herein for assistance to public

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

16 as amended (25 U.S.C. 452 et seq.), shall be available to

17 support the operation of any elementary or secondary

18 school in the State of Alaska in fiscal year 1996: Provided

19 further, That funds made available in this or any other

20 Act for expenditure through September 30, 1997 for

21 schools funded by the Bureau of Indian Affairs shall be

22 available only to the schools which are in the Bureau of

23 Indian Affairs school system as of September 1, 1995:

24 Provided further, That no funds available to the Bureau

25 of Indian Affairs shall be used to support expanded grades
35

HR 1977 RS

1 for any school beyond the grade structure in place at each

2 school in the Bureau of Indian Affairs school system as

3 of October 1, 1995: Provided further, That notwithstand4 ing the provisions of 25 U.S.C. 2011(h)(1)(B) and (c),

5 upon the recommendation of a local school board for a

6 Bureau of Indian Affairs operated school, the Secretary

7 shall establish rates of basic compensation or annual sal8 ary rates for the positions of teachers and counselors (in9 cluding dormitory and homeliving counselors) at the school

10 at a level not less than that for comparable positions in

11 public school districts in the same geographic area: Pro12 vided further, That notwithstanding any other provision of

13 law, no funds available to the Bureau of Indian Affairs for

14 central office operations or pooled overhead general admin15 istration shall be available for tribal contracts, grants, com16 pacts, or cooperative agreements with the Bureau of Indian

17 Affairs under the provisions of the Indian Self-Determina18 tion Act or the Tribal Self-Governance Act of 1994 (Public

19 Law 103–413), unless a proposal for amounts to be avail20 able for such tribal contracts, grants, compacts, or coopera21 tive agreements has been submitted to and approved by the

22 Committees on Appropriations: Provided further, That of

23 the funds available only through September 30, 1995, not

24 to exceed $8,000,000 in unobligated and unexpended bal25 ances in the Operation of Indian Programs account shall
36

HR 1977 RS

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

2 Operation of Indian Programs appropriation, and shall re3 main available for obligation for employee severance, relo4 cation, and related expenses, until March 31, 1996.

5 CONSTRUCTION

6 For construction, major repair, and improvement of

7 irrigation and power systems, buildings, utilities, and

8 other facilities, including architectural and engineering

9 services by contract;–acquisition of lands and interests in

10 lands; and preparation of lands for farming, $98,033,000

11 $60,088,000, to remain available until expended: Provided,

12 That such amounts as may be available for the construc13 tion of the Navajo Indian Irrigation Project and for other

14 water resource development activities related to the South15 ern Arizona Water Rights Settlement Act may be trans16 ferred to the Bureau of Reclamation: Provided further,

17 That not to exceed 6 per centum of contract authority

18 available to the Bureau of Indian Affairs from the Federal

19 Highway Trust Fund may be used to cover the road pro20 gram management costs of the Bureau of Indian Affairs:–

21 Provided further, That any funds provided for the Safety

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

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

24 That for the fiscal year ending September 30, 1996, in

25 implementing new construction or facilities improvement

26 and repair project grants in excess of $100,000 that are
37

HR 1977 RS

1 provided to tribally controlled grant schools under Public

2 Law 100–297, as amended, the Secretary of the Interior

3 shall use the Administrative and Audit Requirements and

4 Cost Principles for Assistance Programs contained in 43

5 CFR part 12 as the regulatory requirements: Provided

6 further, That such grants shall not be subject to section

7 12.61 of 43 CFR; the Secretary and the grantee shall ne8 gotiate and determine a schedule of payments for the work

9 to be performed: Provided further, That in considering ap10 plications, the Secretary shall consider whether the Indian

11 tribe or tribal organization would be deficient in assuring

12 that the construction projects conform to applicable build13 ing standards and codes and Federal, tribal, or State

14 health and safety standards as required by 25 U.S.C.

15 2005(a), with respect to organizational and financial man16 agement capabilities: Provided further, That if the Sec17 retary declines an application, the Secretary shall follow

18 the requirements contained in 25 U.S.C. 2505(f): Provided

19 further, That any disputes between the Secretary and any

20 grantee concerning a grant shall be subject to the disputes

21 provision in 25 U.S.C. 2508(e).

22 INDIAN LAND AND WATER CLAIM SETTLEMENTS AND

23 MISCELLANEOUS PAYMENTS TO INDIANS

24 For miscellaneous payments to Indian tribes and in25 dividuals and for necessary administrative expenses,

26 $75,145,000, to remain available until expended; of which
38

HR 1977 RS

1 $73,100,000 shall be available for implementation of en2 acted Indian land and water claim settlements pursuant

3 to Public Laws 87–483, 97–293, 101–618, 102–374, 102–

4 441, 102–575, and 103–116, and for implementation of

5 other enacted water rights settlements, including not to

6 exceed $8,000,000, which shall be for the Federal share

7 of the Catawba Indian Tribe of South Carolina Claims

8 Settlement, as authorized by section 5(a) of Public Law

9 103–116; and of which $1,045,000 shall be available pur10 suant to Public Laws 98–500, 99–264, and 100–580; and

11 of which $1,000,000 shall be available (1) to liquidate obli12 gations owed tribal and individual Indian payees of any

13 checks canceled pursuant to section 1003 of the Competi14 tive Equality Banking Act of 1987 (Public Law 100–86

15 (101 Stat. 659)), 31 U.S.C. 3334(b), (2) to restore to In16 dividual Indian Monies trust funds, Indian Irrigation Sys17 tems, and Indian Power Systems accounts amounts in18 vested in credit unions or defaulted savings and loan asso19 ciations and which were not Federally insured, and (3)

20 to reimburse Indian trust fund account holders for losses

21 to their respective accounts where the claim for said

22 loss(es) has been reduced to a judgment or settlement

23 agreement approved by the Department of Justice.
39

HR 1977 RS

1 TECHNICAL ASSISTANCE OF INDIAN ENTERPRISES

2 For payment of management and technical assistance

3 requests associated with loans and grants approved under

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

5 INDIAN GUARANTEED LOAN PROGRAM ACCOUNT

6 For the cost of guaranteed loans $7,000,000, as author7 ized by the Indian Financing Act of 1974, as amended: Pro8 vided, That such costs, including the cost of modifying such

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

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

11 these funds are available to subsidize total loan principal,

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

13 $50,680,000.

14 In addition, for administrative expenses necessary to

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

16 ADMINISTRATIVE PROVISIONS

17 Appropriations for the Bureau of Indian Affairs shall

18 be available for expenses of exhibits, and purchase of not

19 to exceed 275 passenger carrying motor vehicles, of which

20 not to exceed 215 shall be for replacement only.

21 TERRITORIAL AND INTERNATIONAL AFFAIRS

22 ASSISTANCE TO TERRITORIES

23 For expenses necessary for assistance to territories

24 under the jurisdiction of the Department of the Interior,

25 $52,405,000, to remain available until expended for brown

26 tree snake control and research $68,188,000, of which (1)
40

HR 1977 RS

1 $64,661,000 shall be available until expended for technical

2 assistance, including maintenance assistance, disaster as3 sistance, insular management controls, and brown tree

4 snake control and research; grants to the judiciary in

5 American Samoa for compensation and expenses, as au6 thorized by law (48 U.S.C. 1661(c)); grants to the Govern7 ment of American Samoa, in addition to current local rev8 enues, for construction and support of governmental func9 tions; grants to the Government of the Virgin Islands as

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

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

12 the Northern Mariana Islands as authorized by law (Pub13 lic Law 94–241; 90 Stat. 272); and (2) $3,527,000 shall

14 be available for salaries and expenses of the Office of Insular

15 Affairs: Provided, That all financial transactions of the

16 territorial and local governments herein provided for, in17 cluding such transactions of all agencies or instrumental18 ities established or utilized by such governments, may be

19 audited by the General Accounting Office, at its discre20 tion, in accordance with chapter 35 of title 31, United

21 States Code: Provided further, That Northern Mariana Is22 lands Covenant grant funding shall be provided according

23 to those terms of the Agreement of the Special Represent24 atives on Future United States Financial Assistance for

25 the Northern Mariana Islands approved by Public Law
41

HR 1977 RS

1 99–396, or any subsequent legislation related to Common2 wealth of the Northern Mariana Islands Covenant grant

3 funding: Provided further, That of the amounts provided

4 for technical assistance, sufficient funding shall be made

5 available for a grant to the Close Up Foundation: Provided

6 further, That the funds for the program of operations and

7 maintenance improvement are appropriated to institu8 tionalize routine operations and maintenance of capital in9 frastructure in American Samoa, Guam, the Virgin Is10 lands, the Commonwealth of the Northern Mariana Islands,

11 the Republic of Palau, the Republic of the Marshall Islands,

12 and the Federated States of Micronesia through assessments

13 of long-range operations and maintenance needs, improved

14 capability of local operations and maintenance institutions

15 and agencies (including management and vocational edu16 cation training), and project-specific maintenance (with

17 territorial participation and cost sharing to be determined

18 by the Secretary based on the individual territory’s commit19 ment to timely maintenance of its capital assets): Provided

20 further, That any appropriation for disaster assistance

21 under this head in this Act or previous appropriations Acts

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

23 of hazard mitigation grants provided pursuant to section

24 404 of the Robert T. Stafford Disaster Relief and Emer25 gency Assistance Act (42 U.S.C. 5170c).
42

HR 1977 RS

1 COMPACT OF FREE ASSOCIATION

2 For economic assistance and necessary expenses for

3 the Federated States of Micronesia and the Republic of

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

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

6 and for economic assistance and necessary expenses for

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

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

9 $24,938,000, to remain available until expended, as au10 thorized by Public Law 99–239 and Public Law 99–658,–

11 and $4,580,000 for impact aid for Guam under section

12 104(e)(6) of Public Law 99–239: Provided, That notwith13 standing section 112 of Public Law 101–219 (103 Stat.

14 1873), the Secretary of the Interior may agree to technical

15 changes in the specifications for the project described in

16 the subsidiary agreement negotiated under section 212(a)

17 of the Compact of Free Association, Public Law 99–658,

18 or its annex, if the changes do not result in increased costs

19 to the United States.

20 DEPARTMENTAL OFFICES

21 OFFICE OF THE SECRETARY

22 DEPARTMENTAL MANAGEMENT

23 SALARIES AND EXPENSES

24 For necessary expenses of the Office of the Secretary

25 for management of the Department of the Interior,
43

HR 1977 RS

1 $53,919,000 $58,109,000, of which not to exceed $7,500

2 may be for official reception and representation expenses:

3 Provided, That none of the funds provided herein for official

4 reception and representation expenses shall be available

5 until the Charter for the Advisory Commission referred to

6 in Title 30 of Public Law 102–575 has been filed and the

7 Members of such Commission appointed.

8 OFFICE OF THE SOLICITOR

9 SALARIES AND EXPENSES

10 For necessary expenses of the Office of the Solicitor,

11 $34,608,000.

12 OFFICE OF INSPECTOR GENERAL

13 SALARIES AND EXPENSES

14 For necessary expenses of the Office of Inspector

15 General, $23,939,000.

16 CONSTRUCTION MANAGEMENT

17 SALARIES AND EXPENSES

18 For necessary expenses of the Office of Construction

19 Management, $500,000.

20 NATIONAL INDIAN GAMING COMMISSION

21 SALARIES AND EXPENSES

22 For necessary expenses of the National Indian Gam23 ing Commission, pursuant to Public Law 100–497,

24 $1,000,000: Provided, That on October 1, 1995, the Chair25 man shall submit to the Secretary a report detailing those
44

HR 1977 RS

1 Indian tribes or tribal organizations with gaming oper2 ations that are in full compliance, partial compliance, or

3 non-compliance with the provisions of the Indian Gaming

4 Regulatory Act (25 U.S.C. 2701, et seq.): Provided further,

5 That the information contained in the report shall be up6 dated on a continuing basis.

7 OFFICE OF SPECIAL TRUSTEE FOR AMERICAN INDIANS

8 FEDERAL TRUST PROGRAMS

9 For operation of trust programs for Indians by direct

10 expenditure, contracts, cooperative agreements, compacts,

11 and grants including expenses necessary to provide for

12 management, development, improvement, and protection of

13 resources and appurtenant facilities formerly under the ju14 risdiction of the Bureau of Indian Affairs, including pay15 ment of irrigation assessments and charges and acquisition

16 of water rights, $280,038,000, of which $15,964,000 shall

17 remain available until expended for trust funds manage18 ment, attorney fees, litigation support, and the Navajo19 Hopi Settlement Program: Provided, That funds made

20 available to tribes and tribal organizations through con21 tracts or grants obligated during fiscal year 1996, as au22 thorized by the Indian Self-Determination Act of 1975 (88

23 Stat. 2203; 25 U.S.C. 450 et seq.), shall remain available

24 until expended by the contractor or grantee: Provided fur25 ther, That notwithstanding any other provision of law, the
45

HR 1977 RS

1 statute of limitations shall not commence to run on any

2 claim, including any claim in litigation pending on the

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

4 trust funds, until the affected tribe or individual Indian

5 has been furnished with the accounting of such funds from

6 which the beneficiary can determine whether there has been

7 a loss: Provided further, That notwithstanding any other

8 provision of law, the reconciliation report to be submitted

9 pursuant to Public Law 103–412 shall be submitted by No10 vember 30, 1997: Provided further, That any forestry funds

11 allocated to a tribe which remain unobligated as of Septem12 ber 30, 1996, may be transferred during fiscal year 1997

13 to an Indian forest land assistance account established for

14 the benefit of such tribe within the tribe’s fund account: Pro15 vided further, That any such obligated balances not so

16 transferred shall expire on September 30, 1997: Provided

17 further, That obligated and unobligated balances provided

18 for trust funds management, attorney fees, litigation sup19 port, and the Navajo-Hopi Settlement Program within

20 ‘‘Operation of Indian programs,’’ Bureau of Indian Affairs

21 are hereby transferred to and merged with this appropria22 tion.

23 CONSTRUCTION

24 For construction, major repair, and improvement of

25 irrigation and power systems; acquisition of lands and in26 terest in lands; and preparation of lands for farming,
46

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1 $47,245,000, to remain available until expended: Provided,

2 That such amounts as may be available for the construction

3 of the Navajo Indian Irrigation Project and for other water

4 resource development activities related to the Southern Ari5 zona Water Rights Settlement Act may be transferred to

6 the Bureau of Reclamation: Provided further, That any

7 funds provided for the Safety of Dams program pursuant

8 to 25 U.S.C. 13 shall be made available on a non-reimburs9 able basis: Provided further, That all irrigation and power

10 projects and dams under the jurisdiction of the Bureau of

11 Indian Affairs on the date of enactment of this Act are here12 by transferred to the jurisdiction of the Special Trustee for

13 American Indians: Provided further, That the obligated and

14 unobligated balances of the resources management activity

15 within ‘‘Construction,’’ Bureau of Indian Affairs, are here16 by transferred to and merged with this appropriation.

17 INDIAN LAND AND WATER CLAIM SETTLEMENTS AND

18 MISCELLANEOUS PAYMENTS TO INDIANS

19 For miscellaneous payments to Indian tribes and indi20 viduals and for necessary administrative expenses,

21 $82,745,000, to remain available until expended; of which

22 $78,600,000 shall be available for implementation of en23 acted Indian land and water claim settlements pursuant

24 to Public Laws 87–483, 97–293, 101–618, 102–374, 102–

25 441, 102–575, and 103–116, and for implementation of

26 other enacted water rights settlements, including not to ex-
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1 ceed $8,000,000, which shall be for the Federal share of the

2 Catawba Indian Tribe of South Carolina Claims Settle3 ment, as authorized by section 5(a) of Public Law 103–

4 116; and of which $1,045,000 shall be available pursuant

5 to Public Laws 98–500, 99–264, and 100–580; and of which

6 $3,100,000 shall be available (1) to liquidate obligations

7 owed tribal and individual Indian payees of any checks

8 canceled pursuant to section 1003 of the Competitive Equal9 ity Banking Act of 1987 (Public Law 100–86 (101 Stat.

10 659)), 31 U.S.C. 3334(b), (2) to restore to Individual In11 dian Monies trust funds, Indian Irrigation Systems, and

12 Indian Power Systems accounts amounts invested in credit

13 unions or defaulted savings and loan associations and

14 which were not Federally insured, and (3) to reimburse In15 dian trust fund account holders for losses to their respective

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

17 to a judgment or settlement agreement approved by the De18 partment of Justice: Provided, That the obligated and unob19 ligated balances of ‘‘Indian land and water claim settle20 ments and miscellaneous payments to Indians,’’ Bureau of

21 Indian Affairs, are hereby transferred to and merged with

22 this appropriation.

23 TRANSFERS OF BALANCES OF APPROPRIATIONS

24 Under the terms and conditions of the original appro25 priations, the obligated and unobligated balances of the fol26 lowing appropriations are hereby transferred from the Bu-
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1 reau of Indian Affairs to the Office of the Special Trustee

2 for American Indians: Navajo Rehabilitation Trust Fund,

3 Claims and Treaty Obligations, O&M Indian Irrigation

4 Systems, Cooperative Fund (Papago), Tribal Trust Funds,

5 Funds Contributed for the Advancement of the Indian Race,

6 Bequest of George C. Edgeter, Northern Cheyenne, Payment

7 to Tribal Economic Recovery Fund, Crow Boundary Settle8 ment Act, and Tribal Economic Recovery Fund.

9 ADMINISTRATIVE PROVISIONS

10 There is hereby authorized for acquisition from avail11 able resources within the Working Capital Fund, 15 air12 craft, 10 of which shall be for replacement and which may

13 be obtained by donation, purchase or through available ex14 cess surplus property: Provided, That notwithstanding any

15 other provision of law, existing aircraft being replaced may

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

17 offset the purchase price for the replacement aircraft: Pro18 vided further, That no programs funded with appropriated

19 funds in the ‘‘Office of the Secretary’’ ‘‘Departmental

20 Management’’, ‘‘Office of the Solicitor’’, and ‘‘Office of In21 spector General’’ may be augmented through the Working

22 Capital Fund or the Consolidated Working Fund.
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1 GENERAL PROVISIONS, DEPARTMENT OF THE

2 INTERIOR

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

4 available for expenditure or transfer (within each bureau

5 or office), with the approval of the Secretary, for the emer6 gency reconstruction, replacement, or repair of aircraft,

7 buildings, utilities, or other facilities or equipment dam8 aged or destroyed by fire, flood, storm, or other unavoid9 able causes: Provided, That no funds shall be made avail10 able under this authority until funds specifically made

11 available to the Department of the Interior for emer12 gencies shall have been exhausted: Provided further, That

13 all funds used pursuant to this section are hereby des14 ignated by Congress to be ‘‘emergency requirements’’ pur15 suant to section 251(b)(2)(D) of the Balanced Budget and

16 Emergency Deficit Control Act of 1985 and must, must

17 be replenished by a supplemental appropriation which

18 must be requested as promptly as possible.

19 SEC. 102. The Secretary may authorize the expendi20 ture or transfer of any no year appropriation in this title,

21 in addition to the amounts included in the budget pro22 grams of the several agencies, for the suppression or emer23 gency prevention of forest or range fires on or threatening

24 lands under the jurisdiction of the Department of the Inte25 rior; for the emergency rehabilitation of burned-over lands
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1 under its jurisdiction; for emergency actions related to po2 tential or actual earthquakes, floods, volcanoes, storms, or

3 other unavoidable causes; for contingency planning subse4 quent to actual oilspills; response and natural resource

5 damage assessment activities related to actual oilspills; for

6 the prevention, suppression, and control of actual or po7 tential grasshopper and Mormon cricket outbreaks on

8 lands under the jurisdiction of the Secretary, pursuant to

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

10 (99 Stat. 1658); for emergency reclamation projects under

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

12 any no year funds available to the Office of Surface Min13 ing Reclamation and Enforcement, such funds as may be

14 necessary to permit assumption of regulatory authority in

15 the event a primacy State is not carrying out the regu16 latory provisions of the Surface Mining Act: Provided,

17 That appropriations made in this title for fire suppression

18 purposes shall be available for the payment of obligations

19 incurred during the preceding fiscal year, and for reim20 bursement to other Federal agencies for destruction of ve21 hicles, aircraft, or other equipment in connection with

22 their use for fire suppression purposes, such reimburse23 ment to be credited to appropriations currently available

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

25 emergency rehabilitation and wildfire suppression activi-
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1 ties, no funds shall be made available under this authority

2 until funds appropriated to the ‘‘Emergency Department

3 of the Interior Firefighting Fund’’ shall have been ex4 hausted: Provided further, That all funds used pursuant

5 to this section are hereby designated by Congress to be

6 ‘‘emergency requirements’’ pursuant to section

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

8 Deficit Control Act of 1985 and must be replenished by

9 a supplemental appropriation which must be requested as

10 promptly as possible: Provided further, That such replen11 ishment funds shall be used to reimburse, on a pro rata

12 basis, accounts from which emergency funds were trans13 ferred.

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

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

16 similar facilities, wherever consolidation of activities will

17 contribute to efficiency or economy, and said appropria18 tions shall be reimbursed for services rendered to any

19 other activity in the same manner as authorized by sec20 tions 1535 and 1536 of title 31, U.S.C.: Provided, That

21 reimbursements for costs and supplies, materials, equip22 ment, and for services rendered may be credited to the

23 appropriation current at the time such reimbursements

24 are received.
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1 SEC. 104. Appropriations made to the Department

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

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

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

5 maintenance, and operation of aircraft; hire of passenger

6 motor vehicles; purchase of reprints; payment for tele7 phone service in private residences in the field, when au8 thorized under regulations approved by the Secretary; and

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

10 for library membership in societies or associations which

11 issue publications to members only or at a price to mem12 bers lower than to subscribers who are not members.

13 SEC. 105. Appropriations available to the Depart14 ment of the Interior for salaries and expenses shall be

15 available for uniforms or allowances therefor, as author16 ized by law (5 U.S.C. 5901–5902 and D.C. Code 4–204).

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

18 available for obligation in connection with contracts issued

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

20 months beginning at any time during the fiscal year.

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

22 Land and Water Conservation Fund for acquisition of

23 lands and waters, or interests therein, shall be available

24 for transfer, with the approval of the Secretary, between

25 the following accounts: Bureau of Land Management,
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1 Land acquisition, United States Fish and Wildlife Service,

2 Land acquisition, and National Park Service, Land acqui3 sition and State assistance. Use of such funds are subject

4 to the reprogramming guidelines of the House and Senate

5 Committees on Appropriations.

6 SEC. 108. Amounts appropriated in this Act for the

7 Presidio which are not obligated as of the date on which

8 the Presidio Trust is established by an Act of Congress

9 shall be transferred to and available only for the Presidio

10 Trust.

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

12 hereby repealed.

13 SEC. 110. None of the funds appropriated or other14 wise made available by this Act may be obligated or ex15 pended by the Secretary of the Interior for developing,

16 promulgating, and thereafter implementing a rule con17 cerning rights-of-way under section 2477 of the Revised

18 Statutes.

19 SEC. 111. No funds provided in this title may be ex20 pended by the Department of the Interior for the conduct

21 of offshore leasing and related activities placed under re22 striction in the President’s moratorium statement of June

23 26, 1990, in the areas of Northern, Central, and Southern

24 California; the North Atlantic; Washington and Oregon;
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1 and the Eastern Gulf of Mexico south of 26 degrees north

2 latitude and east of 86 degrees west longitude.

3 SEC. 112. No funds provided in this title may be ex4 pended by the Department of the Interior for the conduct

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

6 or other exploration activity, on lands within the North

7 Aleutian Basin planning area.

8 SEC. 113. No funds provided in this title may be ex9 pended by the Department of the Interior for the conduct

10 of preleasing and leasing activities in the Eastern Gulf of

11 Mexico for Outer Continental Shelf Lease Sale 151 in the

12 Outer Continental Shelf Natural Gas and Oil Resource

13 Management Comprehensive Program, 1992–1997.

14 SEC. 114. No funds provided in this title may be ex15 pended by the Department of the Interior for the conduct

16 of preleasing and leasing activities in the Atlantic for

17 Outer Continental Shelf Lease Sale 164 in the Outer Con18 tinental Shelf Natural Gas and Oil Resource Management

19 Comprehensive Program, 1992–1997.

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

21 or any subsequent Act providing for appropriations in fis22 cal years 1996 and 1997, not more than 50 percent of any

23 self-governance funds that would otherwise be allocated to

24 each Indian tribe in the State of Washington shall actually
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1 be paid to or on account of such Indian tribe from and

2 after the time at which such tribe shall—

3 (1) take unilateral action that adversely impacts

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

5 nontribal member owners of fee simple land within

6 the exterior boundary of the tribe’s reservation to

7 water, electricity, or any other similar utility or ne8 cessity for the nontribal members’ residential use of

9 such land; or

10 (2) restrict or threaten to restrict said owners

11 use of or access to publicly maintained rights of way

12 necessary or desirable in carrying the utilities or ne13 cessities described above.

14 (b) Such penalty shall attach to the initiation of any

15 legal action with respect to such rights or the enforcement

16 of any final judgment, appeals from which has been ex17 hausted, with respect thereto.

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

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

20 schedule for the completion of the Lake Cushman Land Ex21 change Act (Public Law 102–436) and shall complete the

22 exchange not later than September 30, 1996.

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

24 amended, the National Park Service is authorized to expend

25 appropriated funds for maintenance and repair of the Com-
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1 pany Creek Road in the Lake Chelan National Recreation

2 Area: Provided, That appropriated funds shall not be ex3 pended for the purpose of improving the property of private

4 individuals unless specifically authorized by law.

5 SEC. 118. INSULAR DEVELOPMENT.—

6 Section 1. Territorial and Freely Associated State

7 Infrastructure Assistance

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

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

10 841) is amended by deleting ‘‘until Congress otherwise pro11 vides by law.’’ and inserting in lieu thereof: ‘‘except that,

12 for fiscal years 1996 and thereafter, payments to the Com13 monwealth of the Northern Mariana Islands pursuant to

14 the multi-year funding agreements contemplated under the

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

16 Agreement of the Special Representatives on Future Federal

17 Financial Assistance of the Northern Mariana Islands, exe18 cuted on December 17, 1992 between the special representa19 tive of the President of the United States and special rep20 resentatives of the Governor of the Northern Mariana Is21 lands and shall be subject to all the requirements of such

22 Agreement with any additional amounts otherwise made

23 available under this section in any fiscal year and not re24 quired to meet the schedule of payments set forth in the
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1 Agreement to be provided as set forth in subsection (c) until

2 Congress otherwise provides by law.

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

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

5 as follows:

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

7 be provided for capital infrastructure projects in

8 American Samoa; and

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

10 amounts shall be available solely for capital infra11 structure projects in Guam, the Virgin Islands, Amer12 ican Samoa, the Commonwealth of the Northern Mar13 iana Islands, the Republic of Palau, the Federated

14 States of Micronesia and the Republic of the Marshall

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

16 $3,000,000 of such amounts shall be made available

17 to the College of the Northern Marianas and begin18 ning in fiscal year 1997, and in each year thereafter,

19 not to exceed $3,000,000 may be allocated, as pro20 vided in Appropriation Acts, to the Secretary of the

21 Interior for use by Federal agencies or the Common22 wealth of the Northern Mariana Islands to address

23 immigration, labor, and law enforcement issues in the

24 Northern Mariana Islands, including, but not limited

25 to detention and corrections needs. The specific
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1 projects to be funded shall be set forth in a five-year

2 plan for infrastructure assistance developed by the

3 Secretary of the Interior in consultation with each of

4 the island governments and updated annually and

5 submitted to the Congress concurrent with the budget

6 justifications for the Department of the Interior. In

7 developing and updating the five year plan for cap8 ital infrastructure needs, the Secretary shall indicate

9 the highest priority projects, consider the extent to

10 which particular projects are part of an overall mas11 ter plan, whether such project has been reviewed by

12 the Corps of Engineers and any recommendations

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

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

15 the project, the degree to which a local cost-share re16 quirement would be consistent with local economic

17 and fiscal capabilities, and may propose an incre18 mental set-aside, not to exceed $2,000,000 per year, to

19 remain available without fiscal year limitation, as an

20 emergency fund in the event of natural or other disas21 ters to supplement other assistance in the repair, re22 placement, or hardening of essential facilities: Pro23 vided further, That the cumulative amount set aside

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

25 at any time.
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1 ‘‘(d) Within the amounts allocated for infrastructure

2 pursuant to this section, and subject to the specific alloca3 tions made in subsection (c), additional contributions may

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

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

6 of all contributions from any Federal source after January

7 1, 1996 may not exceed $32,000,000 and shall be contingent

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

9 contributions are a full and final settlement of all obliga10 tions of the United States to assist in the resettlement of

11 Rongelap Atoll and that such funds will be expended solely

12 on resettlement activities and will be property audited and

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

14 timely manner, each Federal agency providing assistance

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

16 Marshall Islands, is authorized to make funds available,

17 through the Secretary of the Interior, to assist in the reset18 tlement of Rongelap. Nothing in this subsection shall be con19 strued to limit the provision of ex gratia assistance pursu20 ant to section 105(c)(2) of the Compact of Free Association

21 Act of 1985 (Public Law 99–239, 99 Stat. 1770, 1792) in22 cluding for individuals choosing not to resettle at Rongelap,

23 except that no such assistance for such individuals may be

24 provided until the Secretary notifies the Congress that the
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1 full amount of all funds necessary for resettlement at

2 Rongelap has been provided.’’.

3 Sec. 2. Federal Minimum Wage

4 Effective thirty days after the date of enactment of this

5 Act, the minimum wage provisions, including, but not lim6 ited to, the coverage and exemptions provisions, of section

7 6 of the Fair Labor Standards Act of June 25, 1938 (52

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

9 of the Northern Mariana Islands, except—

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

11 applicable to the Commonwealth of the Northern Mar12 iana Islands shall be $2.75 per hour;

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

14 wage rate applicable to the Commonwealth of the

15 Northern Mariana Islands shall be $3.05 per hour;

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

17 1 thereafter, the minimum wage rate shall be raised

18 by thirty cents per hour or the amount necessary to

19 raise the minimum wage rate to the wage rate set

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

21 Act, whichever is less; and

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

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

24 Labor Standards Act, the minimum wage rate appli25 cable to the Commonwealth of the Northern Mariana
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1 Islands shall thereafter be the wage rate set forth in

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

3 Sec. 3. Report

4 The Secretary of the Interior, in consultation with the

5 Attorney General and Secretaries of Treasury, Labor, and

6 State, shall report to the Congress by the March 15 follow7 ing each fiscal year for which funds are allocated pursuant

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

9 agencies or the Commonwealth to address immigration,

10 labor or law enforcement activities. The report shall include

11 but not be limited to—

12 (1) pertinent immigration information provided

13 by the Immigration and Naturalization Service, in14 cluding the number of non-United States citizen con15 tract workers in the CNMI, based on data the Immi16 gration and Naturalization Service may require of

17 the Commonwealth of the Northern Mariana Islands

18 on a semiannual basis, or more often if deemed nec19 essary by the Immigration and Naturalization Serv20 ice.

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

22 States citizen contract workers, including foreign gov23 ernment interference with workers’ ability to assert

24 their rights under United States law.
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1 (3) the effect of laws of the Northern Mariana Is2 lands on Federal interests.

3 (4) the adequacy of detention facilities in the

4 Northern Mariana Islands.

5 (5) the accuracy and reliability of the computer6 ized alien identification and tracking system and its

7 compatibility with the system of the Immigration and

8 Naturalization Service, and

9 (6) the reasons why Federal agencies are unable

10 or unwilling to fully and effectively enforce Federal

11 laws applicable within the Commonwealth of the

12 Northern Mariana Islands unless such activities are

13 funded by the Secretary of the Interior.

14 Sec. 4. Immigration Cooperation

15 The Commonwealth of the Northern Mariana Islands

16 and the Immigration and Naturalization Service shall co17 operate in the identification and, if necessary, exclusion or

18 deportation from the Commonwealth of the Northern Mari19 ana Islands of persons who represent security or law en20 forcement risks to the Commonwealth of the Northern Mari21 ana Islands or the United States.
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1 Sec. 5. Clarification of Local Employment in the

2 Marianas

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

4 Code is amended by renumbering paragraph (3) as para5 graph (4) and by adding a new paragraph (3) as follows:

6 ‘‘(3) Notwithstanding any other provision of this sub7 section, any alien allowed to be employed under the immi8 gration laws of the Commonwealth of the Northern Mariana

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

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

11 exclusively from a port within the CNMI and within the

12 navigable waters and exclusive economic zone of the United

13 States surrounding the CNMI. Purusant to 46 U.S.C. 8704,

14 such persons are deemed to be employed in the United

15 States and are considered to have the permission of the At16 torney General of the United States to accept such employ17 ment: Provided, That paragraph (2) of this subsection shall

18 not apply to persons allowed to be employed under this

19 paragraph.’’.

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

21 Code is amended by deleting ‘‘paragraph (3) of this sub22 section’’ and inserting in lieu thereof ‘‘paragraph (4) of this

23 subsection’’.
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1 Sec. 6. Clarification of Ownership of Submerged Lands in

2 the Commonwealth of the Northern Mariana Islands

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

4 further amended by—

5 (a) striking ‘‘Guam, the Virgin Islands’’ in sec6 tion 1 and inserting in lieu thereof ‘‘Guam, the Com7 monwealth of the Northern Mariana Islands, the Vir8 gin Islands’’ each place the words appear;

9 (b) striking ‘‘Guam, American Samoa’’ in sec10 tion 2 and inserting in lieu thereof ‘‘Guam, the Com11 monwealth of the Northern Mariana Islands, Amer12 ican Samoa’’; and

13 (c) striking ‘‘Guam, the Virgin Islands’’ in sec14 tion 2 and inserting in lieu thereof ‘‘Guam, the Com15 monwealth of the Northern Mariana Islands, the Vir16 gin Islands.’’.

17 With respect to the Commonwealth of the Northern

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

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

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

21 of enactment of this section.

22 Sec. 7. Annual State of the Islands Report

23 The Secretary of the Interior shall submit to the Con24 gress, annually, a ‘‘State of the Islands’’ report on Amer25 ican Samoa, Guam, the United States Virgin Islands, the
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1 Commonwealth of the Northern Mariana Islands, the Re2 public of Palau, the Republic of the Marshall Islands, and

3 the Federated States of Micronesia that includes basic eco4 nomic development information, data on direct and indi5 rect Federal assistance, local revenues and expenditures,

6 employment and unemployment, the adequacy of essential

7 infrastructure and maintenance thereof, and an assessment

8 of local financial management and administrative capabili9 ties, and Federal efforts to improve those capabilities.

10 Sec. 8. Technical correction

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

12 1164), as amended, is further amended by deleting ‘‘the

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

14 lieu thereof ‘‘the Republic of Palau, the Republic of the Mar15 shall Islands, the Federated States of Micronesia,’’.

16 TITLE II—RELATED AGENCIES

17 DEPARTMENT OF AGRICULTURE

18 FOREST SERVICE

19 FOREST RESEARCH

20 For necessary expenses of forest research as author21 ized by law, $182,000,000 $177,000,000, to remain avail22 able until September 30, 1997.

23 STATE AND PRIVATE FORESTRY

24 For necessary expenses of cooperating with, and pro25 viding technical and financial assistance to States, Terri-
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1 tories, possessions, and others and for forest pest manage2 ment activities, cooperative forestry and education and

3 land conservation activities, $129,551,000 $128,294,000,

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

5 NATIONAL FOREST SYSTEM

6 For necessary expenses of the Forest Service, not

7 otherwise provided for, for management, protection, im8 provement, and utilization of the National Forest System,

9 for ecosystem planning, inventory, and monitoring, and for

10 administrative expenses associated with the management

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

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

13 ‘‘Construction’’, ‘‘Fire Protection and Emergency Sup14 pression’’, and ‘‘Land Acquisition’’, $1,266,688,000

15 $1,256,043,000, to remain available for obligation until

16 September 30, 1997, and including 65 per centum of all

17 monies received during the prior fiscal year as fees col18 lected under the Land and Water Conservation Fund Act

19 of 1965, as amended, in accordance with section 4 of the

20 Act (16 U.S.C. 460l–6a(i)): Provided, That unobligated

21 and unexpended balances in the National Forest System

22 account at the end of fiscal year 1995, shall be merged

23 with and made a part of the fiscal year 1996 National

24 Forest System appropriation, and shall remain available

25 for obligation until September 30, 1997: Provided further,
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1 That up to $5,000,000 of the funds provided herein for

2 road maintenance shall be available for the planned oblit3 eration of roads which are no longer needed.

4 FIRE PROTECTION AND EMERGENCY SUPPRESSION

5 WILDLAND FIRE MANAGEMENT

6 For necessary expenses for forest fire presuppression

7 activities on National Forest System lands, for emergency

8 fire suppression on or adjacent to National Forest System

9 lands or other lands under fire protection agreement, and

10 for emergency rehabilitation of burned over National For11 est System lands, $385,485,000 $385,485,000, to remain

12 available until expended: Provided, That unexpended bal13 ances of amounts previously appropriated under any other

14 headings for Forest Service fire activities may be trans15 ferred to and merged with this appropriation: Provided

16 further, That such funds are available for repayment of

17 advances from other appropriations accounts previously

18 transferred for such purposes.

19 CONSTRUCTION

20 For necessary expenses of the Forest Service, not

21 otherwise provided for, $120,000,000 $186,888,000, to re22 main available until expended, for construction and acqui23 sition of buildings and other facilities, and for construction

24 and repair of forest roads and trails by the Forest Service

25 as authorized by 16 U.S.C. 532–538 and 23 U.S.C. 101

26 and 205: Provided, That funds becoming available in fiscal
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1 year 1996 under the Act of March 4, 1913 (16 U.S.C.

2 501) shall be transferred to the General Fund of the

3 Treasury of the United States: Provided further, That not

4 to exceed $50,000,000, to remain available until expended,

5 may be obligated for the construction of forest roads by

6 timber purchasers: Provided further, That $2,500,000 of the

7 funds appropriated herein shall be available for a grant to

8 the ‘‘Non-Profit Citizens for the Columbia Gorge Discovery

9 Center’’ for the construction of the Columbia Gorge Discov10 ery Center: Provided further, That the Forest Service is au11 thorized to grant the unobligated balance of funds appro12 priated in fiscal year 1995 for the construction of the Co13 lumbia Gorge Discovery Center to the ‘‘Non-Profit Citizens

14 for the Columbia Gorge Discovery Center’’ to be used for

15 the same purpose: Provided further, That the Forest Service

16 is authorized to convey the land needed for the construction

17 of the Columbia Gorge Discovery Center without cost to the

18 ‘‘Non-Profit Citizens for the Columbia Gorge Discovery

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

20 provision of law, funds originally appropriated under this

21 head in Public Law 101–512 for the Forest Service share

22 of a new research facility at the University of Missouri,

23 Columbia, shall be available for a grant to the University

24 of Missouri, as the Federal share in the construction of the

25 new facility: Provided further, That agreed upon lease of
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1 space in the new facility shall be provided to the Forest

2 Service without charge for the life of the building.

3 LAND ACQUISITION

4 For expenses necessary to carry out the provisions

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

6 as amended (16 U.S.C. 460l–4–11), including administra7 tive expenses, and for acquisition of land or waters, or in8 terest therein, in accordance with statutory authority ap9 plicable to the Forest Service, $14,600,000 $41,167,000,

10 to be derived from the Land and Water Conservation

11 Fund, to remain available until expended.

12 ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL

13 ACTS

14 For acquisition of lands within the exterior bound15 aries of the Cache, Uinta, and Wasatch National Forests,

16 Utah; the Toiyabe National Forest, Nevada; and the An17 geles, San Bernardino, Sequoia, and Cleveland National

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

19 be derived from forest receipts.

20 ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES

21 For acquisition of lands, to be derived from funds de22 posited by State, county, or municipal governments, public

23 school districts, or other public school authorities pursuant

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

25 484a), to remain available until expended.
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1 RANGE BETTERMENT FUND

2 For necessary expenses of range rehabilitation, pro3 tection, and improvement, 50 per centum of all moneys

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

5 domestic livestock on lands in National Forests in the six6 teen Western States, pursuant to section 401(b)(1) of

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

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

9 available for administrative expenses associated with on10 the-ground range rehabilitation, protection, and improve11 ments.

12 GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND

13 RANGELAND RESEARCH

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

15 $92,000, to remain available until expended, to be derived

16 from the fund established pursuant to the above Act.

17 ADMINISTRATIVE PROVISIONS, FOREST SERVICE

18 Appropriations to the Forest Service for the current

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

20 exceed 183 passenger motor vehicles of which 32 will be

21 used primarily for law enforcement purposes and of which

22 151 shall be for replacement; acquisition of 22 passenger

23 motor vehicles from excess sources, and hire of such vehi24 cles; operation and maintenance of aircraft, the purchase

25 of not to exceed two for replacement only, and acquisition
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HR 1977 RS

1 of 20 aircraft from excess sources; notwithstanding other

2 provisions of law, existing aircraft being replaced may be

3 sold, with proceeds derived or trade-in value used to offset

4 the purchase price for the replacement aircraft; (b) serv5 ices pursuant to the second sentence of section 706(a) of

6 the Organic Act of 1944 (7 U.S.C. 2225), and not to ex7 ceed $100,000 for employment under 5 U.S.C. 3109; (c)

8 purchase, erection, and alteration of buildings and other

9 public improvements (7 U.S.C. 2250); (d) acquisition of

10 land, waters, and interests therein, pursuant to the Act

11 of August 3, 1956 (7 U.S.C. 428a); (e) for expenses pur12 suant to the Volunteers in the National Forest Act of

13 1972 (16 U.S.C. 558a, 558d, 558a note); and (f) for debt

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

15 None of the funds made available under this Act shall

16 be obligated or expended to change the boundaries of any

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

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

19 Forest System administration of the Forest Service, De20 partment of Agriculture, or to implement any reorganiza21 tion, ‘‘reinvention’’ or other type of organizational restruc22 turing of the Forest Service, without the consent of the

23 House and Senate Committees on Appropriations and the

24 Committee on Agriculture, Nutrition, and Forestry and

25 the Committee on Energy and Natural Resources in the
72

HR 1977 RS

1 United States Senate and the Committee on Agriculture

2 and the Committee on Resources in the United States

3 House of Representatives.

4 Any appropriations or funds available to the Forest

5 Service may be advanced to the Fire and Emergency Sup6 pression appropriation and may be used for forest fire7 fighting and the emergency rehabilitation of burned-over

8 lands under its jurisdiction: Provided, That no funds shall

9 be made available under this authority until funds appro10 priated to the ‘‘Emergency Forest Service Firefighting

11 Fund’’ shall have been exhausted.

12 The appropriation structure for the Forest Service

13 may not be altered without advance approval of the House

14 and Senate Committee on Appropriations.

15 Funds appropriated to the Forest Service shall be

16 available for assistance to or through the Agency for Inter17 national Development and the Foreign Agricultural Serv18 ice in connection with forest and rangeland research, tech19 nical information, and assistance in foreign countries, and

20 shall be available to support forestry and related natural

21 resource activities outside the United States and its terri22 tories and possessions, including technical assistance, edu23 cation and training, and cooperation with United States

24 and international organizations.
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1 None of the funds made available to the Forest Serv2 ice under this Act shall be subject to transfer under the

3 provisions of section 702(b) of the Department of Agri4 culture Organic Act of 1944 (7 U.S.C. 2257) or 7 U.S.C.

5 147b unless the proposed transfer is approved in advance

6 by the House and Senate Committees on Appropriations

7 in compliance with the reprogramming procedures con8 tained in House Report 103–551.

9 No funds appropriated to the Forest Service shall be

10 transferred to the Working Capital Fund of the Depart11 ment of Agriculture without the approval of the Chief of

12 the Forest Service.

13 Notwithstanding any other provision of law, any ap14 propriations or funds available to the Forest Service may

15 be used to disseminate program information to private and

16 public individuals and organizations through the use of

17 nonmonetary items of nominal value and to provide

18 nonmonetary awards of nominal value and to incur nec19 essary expenses for the nonmonetary recognition of private

20 individuals and organizations that make contributions to

21 Forest Service programs.

22 Notwithstanding any other provision of law, money

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

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

25 U.S.C. 185(1)) as reimbursement of administrative and
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1 other costs incurred in processing pipeline right-of-way or

2 permit applications and for costs incurred in monitoring

3 the construction, operation, maintenance, and termination

4 of any pipeline and related facilities, may be used to reim5 burse the applicable appropriation to which such costs

6 were originally charged.

7 Funds available to the Forest Service shall be avail8 able to conduct a program of not less than $1,000,000

9 for high priority projects within the scope of the approved

10 budget which shall be carried out by the Youth Conserva11 tion Corps as authorized by the Act of August 13, 1970,

12 as amended by Public Law 93–408.

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

14 for timber sale preparation using clearcutting in hardwood

15 stands in excess of 25 percent of the fiscal year 1989 har16 vested volume in the Wayne National Forest, Ohio: Pro17 vided, That this limitation shall not apply to hardwood

18 stands damaged by natural disaster: Provided further,

19 That landscape architects shall be used to maintain a vis20 ually pleasing forest.

21 Any money collected from the States for fire suppres22 sion assistance rendered by the Forest Service on non23 Federal lands not in the vicinity of National Forest Sys24 tem lands shall be used to reimburse the applicable appro25 priation and shall remain available until expended as the
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HR 1977 RS

1 Secretary may direct in conducting activities authorized

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

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

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

5 reception and representation expenses.

6 Notwithstanding any other provision of law, the For7 est Service is authorized to employ or otherwise contract

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

9 Service, to perform work occasioned by emergencies such

10 as fires, storms, floods, earthquakes or any other unavoid11 able cause without regard to Sundays, Federal holidays,

12 and the regular workweek.

13 To the greatest extent possible, and in accordance

14 with the Final Amendment to the Shawnee National For15 est Plan, none of the funds available in this Act shall be

16 used for preparation of timber sales using clearcutting or

17 other forms of even aged management in hardwood stands

18 in the Shawnee National Forest, Illinois.

19 Funds appropriated to the Forest Service shall be

20 available for interactions with and providing technical as21 sistance to rural communities for sustainable rural devel22 opment purposes.

23 Notwithstanding any other provision of law, eighty

24 percent of the funds appropriated to the Forest Service

25 in the National Forest System and Construction accounts
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HR 1977 RS

1 and planned to be allocated to activities under the ‘‘Jobs

2 in the Woods’’ program for projects on National Forest

3 land in the State of Washington may be granted directly

4 to the Washington State Department of Fish and Wildlife

5 for accomplishment of planned projects. Twenty percent

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

7 planning and administering projects. Project selection and

8 prioritization shall be accomplished by the Forest Service

9 with such consultation with the State of Washington as

10 the Forest Service deems appropriate.

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

12 for any activity that directly or indirectly causes harm to

13 songbirds within the boundaries of the Shawnee National

14 Forest.

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

16 to revise or implement a new Tongass Land Management

17 Plan (TLMP).

18 None of the funds provided in this or any other Appro19 priations Act may be used on the Tongass National Forest

20 except in compliance with Alternative P, identified in the

21 Tongass Land Management Plan Revision Supplement to

22 the Draft Environmental Impact Statement dated August

23 1991.
77

HR 1977 RS

1 DEPARTMENT OF ENERGY

2 FOSSIL ENERGY RESEARCH AND DEVELOPMENT

3 For necessary expenses in carrying out fossil energy

4 research and development activities, under the authority

5 of the Department of Energy Organization Act (Public

6 Law 95–91), including the acquisition of interest, includ7 ing defeasible and equitable interests in any real property

8 or any facility or for plant or facility acquisition or expan9 sion, $379,524,000 $376,181,000, to remain available until

10 expended: Provided, That no part of the sum herein made

11 available shall be used for the field testing of nuclear ex12 plosives in the recovery of oil and gas.

13 ALTERNATIVE FUELS PRODUCTION

14 (INCLUDING TRANSFER OF FUNDS)

15 Monies received as investment income on the prin16 cipal amount in the Great Plains Project Trust at the

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

18 earned as of October 1, 1995, shall be deposited in this

19 account and immediately transferred to the General Fund

20 of the Treasury. Monies received as revenue sharing from

21 the operation of the Great Plains Gasification Plant shall

22 be immediately transferred to the General Fund of the

23 Treasury.
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HR 1977 RS

1 NAVAL PETROLEUM AND OIL SHALE RESERVES

2 For necessary expenses in carrying out naval petro3 leum and oil shale reserve activities, $136,028,000, to re4 main available until expended: Provided, That the require5 ments of 10 U.S.C. 7430(b)(2)(B) shall not apply to fiscal

6 year 1996: Provided further, That section 501 of Public

7 Law 101–45 is hereby repealed.

8 ENERGY CONSERVATION

9 For necessary expenses in carrying out energy con10 servation activities, $556,371,000 $576,976,000, to remain

11 available until expended, including, notwithstanding any

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

13 1996 determined under the provisions of section 3003(d)

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

15 $16,000,000 shall be derived from available unobligated

16 balances in the Biomass Energy Development account:

17 Provided, That $148,946,000 $168,946,000 shall be for

18 use in energy conservation programs as defined in section

19 3008(3) of Public Law 99–509 (15 U.S.C. 4507) and shall

20 not be available until excess amounts are determined

21 under the provisions of section 3003(d) of Public Law 99–

22 509 (15 U.S.C. 4502): Provided further, That notwith23 standing section 3003(d)(2) of Public Law 99–509 such

24 sums shall be allocated to the eligible programs as follows:

25 $110,946,000 $137,446,000 for the weatherization assist-
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HR 1977 RS

1 ance program and $26,500,000 $31,500,000 for the State

2 energy conservation program.

3 ECONOMIC REGULATION

4 For necessary expenses in carrying out the activities

5 of the Economic Regulatory Administration and the Office

6 of Hearings and Appeals, $6,297,000 $8,038,000, to re7 main available until expended.

8 STRATEGIC PETROLEUM RESERVE

9 (INCLUDING TRANSFER OF FUNDS)

10 For necessary expenses for Strategic Petroleum Re11 serve facility development and operations and program

12 management activities pursuant to the Energy Policy and

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

14 et seq.), $287,000,000, to remain available until expended,

15 of which $187,000,000 shall be derived by transfer of un16 obligated balances from the ‘‘SPR petroleum account’’ and

17 $100,000,000 shall be derived by transfer from the ‘‘SPR

18 Decommissioning Fund’’: Provided, That notwithstanding

19 section 161 of the Energy Policy and Conservation Act,

20 the Secretary shall draw down and sell up to seven million

21 barrels of oil from the Strategic Petroleum Reserve: Pro22 vided further, That the proceeds from the sale shall be de23 posited into a special account in the Treasury, to be estab24 lished and known as the ‘‘SPR Decommissioning Fund’’,

25 and shall be available for the purpose of removal of oil
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HR 1977 RS

1 from and decommissioning of the Weeks Island site and

2 for other purposes related to the operations of the Strate3 gic Petroleum Reserve.

4 SPR PETROLEUM ACCOUNT

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

6 States share of crude oil in Naval Petroleum Reserve

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

8 of to other than the Strategic Petroleum Reserve: Pro9 vided, That outlays in fiscal year 1996 resulting from the

10 use of funds in this account shall not exceed $5,000,000.

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

12 share of crude oil in Naval Petroleum Reserve Numbered

13 1 may be sold or otherwise disposed of to other than the

14 Strategic Petroleum Reserve: Provided, That outlays in fis15 cal year 1996 resulting from the use of funds in this account

16 shall not exceed $5,000,000.

17 ENERGY INFORMATION ADMINISTRATION

18 For necessary expenses in carrying out the activities

19 of the Energy Information Administration, $79,766,000

20 $64,766,000, to remain available until expended: Provided,

21 That notwithstanding Section 4(d) of the Service Contract

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

23 of law, funds appropriated under this heading hereafter

24 may be used to enter into a contract for end use consump25 tion surveys for a term not to exceed eight years: Provided
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HR 1977 RS

1 further, That notwithstanding any other provision of law,

2 hereafter the Manufacturing Energy Consumption Survey

3 shall be conducted on a triennial basis.

4 ADMINISTRATIVE PROVISIONS, DEPARTMENT OF ENERGY

5 Appropriations under this Act for the current fiscal

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

7 hire, maintenance, and operation of aircraft; purchase, re8 pair, and cleaning of uniforms; and reimbursement to the

9 General Services Administration for security guard serv10 ices.

11 From appropriations under this Act, transfers of

12 sums may be made to other agencies of the Government

13 for the performance of work for which the appropriation

14 is made.

15 None of the funds made available to the Department

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

17 finance authorized price support or loan guarantee pro18 grams unless specific provision is made for such programs

19 in an appropriations Act.

20 The Secretary is authorized to accept lands, build21 ings, equipment, and other contributions from public and

22 private sources and to prosecute projects in cooperation

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

24 Provided, That revenues and other moneys received by or

25 for the account of the Department of Energy or otherwise
82

HR 1977 RS

1 generated by sale of products in connection with projects

2 of the Department appropriated under this Act may be

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

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

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

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

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

10 contract, agreement, or provision thereof entered into by

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

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

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

18 project, including the facts and circumstances relied upon

19 in support of the proposed project.

20 No funds provided in this Act may be expended by

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

22 procurement documents for programs or projects for

23 which appropriations have not been made.
83

HR 1977 RS

1 DEPARTMENT OF HEALTH AND HUMAN

2 SERVICES

3 INDIAN HEALTH SERVICE

4 INDIAN HEALTH SERVICES

5 For expenses necessary to carry out the Act of Au6 gust 5, 1954 (68 Stat. 674), the Indian Self-Determina7 tion Act, the Indian Health Care Improvement Act, and

8 titles II and III of the Public Health Service Act with re9 spect to the Indian Health Service, $1,725,792,000

10 $1,815,373,000 together with payments received during the

11 fiscal year pursuant to 42 U.S.C. 300aaa–2 for services

12 furnished by the Indian Health Service: Provided, That

13 funds made available to tribes and tribal organizations

14 through contracts, grant agreements, or any other agree15 ments or compacts authorized by the Indian Self-Deter16 mination and Education Assistance Act of 1975 (88 Stat.

17 2203; 25 U.S.C. 450), shall be deemed to be obligated at

18 the time of the grant or contract award and thereafter

19 shall remain available to the tribe or tribal organization

20 without fiscal year limitation: Provided further, That

21 $12,000,000 shall remain available until expended, for the

22 Indian Catastrophic Health Emergency Fund: Provided

23 further, That $351,258,000 $350,564,000 for contract

24 medical care shall remain available for obligation until

25 September 30, 1997: Provided further, That of the funds
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HR 1977 RS

1 provided, not less than $11,306,000 shall be used to carry

2 out the loan repayment program under section 108 of the

3 Indian Health Care Improvement Act, as amended: Pro4 vided further, That funds provided in this Act may be used

5 for one-year contracts and grants which are to be per6 formed in two fiscal years, so long as the total obligation

7 is recorded in the year for which the funds are appro8 priated: Provided further, That the amounts collected by

9 the Secretary of Health and Human Services under the

10 authority of title IV of the Indian Health Care Improve11 ment Act shall be available for two fiscal years after the

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

13 of achieving compliance with the applicable conditions and

14 requirements of titles XVIII and XIX of the Social Secu15 rity Act (exclusive of planning, design, or construction of

16 new facilities): Provided further, That of the funds pro17 vided, $7,500,000 shall remain available until expended,

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

19 available for the transitional costs of initial or expanded

20 tribal contracts, grants or cooperative agreements with the

21 Indian Health Service under the provisions of the Indian

22 Self-Determination Act: Provided further, That funding

23 contained herein, and in any earlier appropriations Acts

24 for scholarship programs under the Indian Health Care

25 Improvement Act (25 U.S.C. 1613) shall remain available
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HR 1977 RS

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

2 That amounts received by tribes and tribal organizations

3 under title IV of the Indian Health Care Improvement

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

5 available to the receiving tribes and tribal organizations

6 until expended.

7 INDIAN HEALTH FACILITIES

8 For construction, repair, maintenance, improvement,

9 and equipment of health and related auxiliary facilities,

10 including quarters for personnel; preparation of plans,

11 specifications, and drawings; acquisition of sites, purchase

12 and erection of modular buildings, and purchases of trail13 ers; and for provision of domestic and community sanita14 tion facilities for Indians, as authorized by section 7 of

15 the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian

16 Self-Determination Act and the Indian Health Care Im17 provement Act, and for expenses necessary to carry out

18 the Act of August 5, 1954 (68 Stat. 674), the Indian Self19 Determination Act, the Indian Health Care Improvement

20 Act, and titles II and III of the Public Health Service Act

21 with respect to environmental health and facilities support

22 activities of the Indian Health Service, $236,975,000

23 $151,227,000, to remain available until expended: Pro24 vided, That notwithstanding any other provision of law,

25 funds appropriated for the planning, design, construction
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HR 1977 RS

1 or renovation of health facilities for the benefit of an In2 dian tribe or tribes may be used to purchase land for sites

3 to construct, improve, or enlarge health or related facili4 ties.

5 ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE

6 Appropriations in this Act to the Indian Health Serv7 ice shall be available for services as authorized by 5 U.S.C.

8 3109 but at rates not to exceed the per diem rate equiva9 lent to the maximum rate payable for senior-level positions

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

11 aircraft; purchase of medical equipment; purchase of re12 prints; purchase, renovation and erection of modular

13 buildings and renovation of existing facilities; payments

14 for telephone service in private residences in the field,

15 when authorized under regulations approved by the Sec16 retary; and for uniforms or allowances therefor as author17 ized by law (5 U.S.C. 5901–5902); and for expenses of

18 attendance at meetings which are concerned with the func19 tions or activities for which the appropriation is made or

20 which will contribute to improved conduct, supervision, or

21 management of those functions or activities: Provided,

22 That in accordance with the provisions of the Indian

23 Health Care Improvement Act, non-Indian patients may

24 be extended health care at all tribally administered or In25 dian Health Service facilities, subject to charges, and the
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1 proceeds along with funds recovered under the Federal

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

3 credited to the account of the facility providing the service

4 and shall be available without fiscal year limitation: Pro5 vided further, That notwithstanding any other law or regu6 lation, funds transferred from the Department of Housing

7 and Urban Development to the Indian Health Service

8 shall be administered under Public Law 86–121 (the In9 dian Sanitation Facilities Act) and Public Law 93–638,

10 as amended: Provided further, That funds appropriated to

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

12 for administrative and program direction purposes, shall

13 not be subject to limitations directed at curtailing Federal

14 travel and transportation: Provided further, That the In15 dian Health Service shall neither bill nor charge those In16 dians who may have the economic means to pay unless

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

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

19 to implement such a policy: Provided further, That, not20 withstanding any other provision of law, funds previously

21 or herein made available to a tribe or tribal organization

22 through a contract, grant or agreement authorized by

23 Title I of the Indian Self-Determination and Education

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

25 may be deobligated and reobligated to a self-governance
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HR 1977 RS

1 funding agreement under Title III of the Indian Self-De2 termination and Education Assistance Act of 1975 and

3 thereafter shall remain available to the tribe or tribal orga4 nization without fiscal year limitation: Provided further,

5 That none of the funds made available to the Indian

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

7 final rule published in the Federal Register on September

8 16, 1987, by the Department of Health and Human Serv9 ices, relating to eligibility for the health care services of

10 the Indian Health Service until the Indian Health Service

11 has submitted a budget request reflecting the increased

12 costs associated with the proposed final rule, and such re13 quest has been included in an appropriations Act and en14 acted into law: Provided further, That funds made avail15 able in this Act are to be apportioned to the Indian Health

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

17 the appropriation structure set forth in this Act: Provided

18 further, That the appropriation structure for the Indian

19 Health Service may not be altered without advance ap20 proval of the House and Senate Committees on Appropria21 tions.
89

HR 1977 RS

1 DEPARTMENT OF EDUCATION

2 OFFICE OF ELEMENTARY AND SECONDARY EDUCATION

3 INDIAN EDUCATION

4 For necessary expenses to carry out, to the extent

5 not otherwise provided, title IX, part A, subpart 1 of the

6 Elementary and Secondary Education Act of 1965, as

7 amended, and section 215 of the Department of Education

8 Organization Act, $52,500,000 $54,660,000.

9 OTHER RELATED AGENCIES

10 OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION

11 SALARIES AND EXPENSES

12 For necessary expenses of the Office of Navajo and

13 Hopi Indian Relocation as authorized by Public Law 93–

14 531, $21,345,000 $20,345,000, to remain available until

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

16 other appropriations Act are to be used to relocate eligible

17 individuals and groups including evictees from District 6,

18 Hopi-partitioned lands residents, those in significantly

19 substandard housing, and all others certified as eligible

20 and not included in the preceding categories: Provided fur21 ther, That none of the funds contained in this or any other

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

23 Relocation to evict any single Navajo or Navajo family

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

25 on the lands partitioned to the Hopi Tribe unless a new
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HR 1977 RS

1 or replacement home is provided for such household: Pro2 vided further, That no relocatee will be provided with more

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

4 the Office shall relocate any certified eligible relocatees

5 who have selected and received an approved homesite on

6 the Navajo reservation or selected a replacement residence

7 off the Navajo reservation or on the land acquired pursu8 ant to 25 U.S.C. 640d–10.

9 INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE

10 CULTURE AND ARTS DEVELOPMENT

11 PAYMENT TO THE INSTITUTE

12 For payment to the Institute of American Indian and

13 Alaska Native Culture and Arts Development, as author14 ized by title XV of Public Law 99–498 (20 U.S.C. 4401

15 et seq.), $5,500,000.

16 SMITHSONIAN INSTITUTION

17 SALARIES AND EXPENSES

18 For necessary expenses of the Smithsonian Institu19 tion, as authorized by law, including research in the fields

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

21 documentation of the National Collections; presentation of

22 public exhibits and performances; collection, preparation,

23 dissemination, and exchange of information and publica24 tions; conduct of education, training, and museum assist25 ance programs; maintenance, alteration, operation, lease
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1 (for terms not to exceed thirty years), and protection of

2 buildings, facilities, and approaches; not to exceed

3 $100,000 for services as authorized by 5 U.S.C. 3109; up

4 to 5 replacement passenger vehicles; purchase, rental, re5 pair, and cleaning of uniforms for employees;

6 $309,471,000 $307,988,000, of which not to exceed

7 $32,000,000 $30,472,000 for the instrumentation pro8 gram, collections acquisition, Museum Support Center

9 equipment and move, exhibition reinstallation, the Na10 tional Museum of the American Indian, the repatriation

11 of skeletal remains program, research equipment, informa12 tion management, and Latino programming shall remain

13 available until expended and, including such funds as may

14 be necessary to support American overseas research cen15 ters and a total of $125,000 for the Council of American

16 Overseas Research Centers: Provided, That funds appro17 priated herein are available for advance payments to inde18 pendent contractors performing research services or par19 ticipating in official Smithsonian presentations.

20 CONSTRUCTION AND IMPROVEMENTS, NATIONAL

21 ZOOLOGICAL PARK

22 For necessary expenses of planning, construction, re23 modeling, and equipping of buildings and facilities at the

24 National Zoological Park, by contract or otherwise,
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1 $3,000,000 $3,250,000, to remain available until ex2 pended.

3 REPAIR AND RESTORATION OF BUILDINGS

4 For necessary expenses of repair and restoration of

5 buildings owned or occupied by the Smithsonian Institu6 tion, by contract or otherwise, as authorized by section

7 2 of the Act of August 22, 1949 (63 Stat. 623), including

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

9 U.S.C. 3109, $24,954,000 $33,954,000, to remain avail10 able until expended: Provided, That contracts awarded for

11 environmental systems, protection systems, and exterior

12 repair or restoration of buildings of the Smithsonian Insti13 tution may be negotiated with selected contractors and

14 awarded on the basis of contractor qualifications as well

15 as price.

16 CONSTRUCTION

17 For necessary expenses for construction,

18 $12,950,000 $27,700,000, to remain available until ex19 pended.–Provided, That notwithstanding any other provi20 sion of law, a single procurement for the construction of

21 the National Museum of the American Indian Cultural Re22 sources Center may be issued which includes the full scope

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

24 the contract shall contain the clause ‘‘availability of

25 funds’’ found at 48 CFR 52.232.18.
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HR 1977 RS

1 NATIONAL GALLERY OF ART

2 SALARIES AND EXPENSES

3 For the upkeep and operations of the National Gal4 lery of Art, the protection and care of the works of art

5 therein, and administrative expenses incident thereto, as

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

7 as amended by the public resolution of April 13, 1939

8 (Public Resolution 9, Seventy-sixth Congress), including

9 services as authorized by 5 U.S.C. 3109; payment in ad10 vance when authorized by the treasurer of the Gallery for

11 membership in library, museum, and art associations or

12 societies whose publications or services are available to

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

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

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

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

17 purchase or rental of devices and services for protecting

18 buildings and contents thereof, and maintenance, alter19 ation, improvement, and repair of buildings, approaches,

20 and grounds; and purchase of services for restoration and

21 repair of works of art for the National Gallery of Art by

22 contracts made, without advertising, with individuals,

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

24 such terms and conditions as the Gallery may deem prop25 er, $51,315,000 $51,844,000, of which not to exceed
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1 $3,026,000 for the special exhibition program shall remain

2 available until expended.

3 REPAIR, RESTORATION AND RENOVATION OF BUILDINGS

4 For necessary expenses of repair, restoration and

5 renovation of buildings, grounds and facilities owned or

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

7 otherwise, as authorized $5,500,000 $7,385,000, to remain

8 available until expended: Provided, That contracts award9 ed for environmental systems, protection systems, and ex10 terior repair or renovation of buildings of the National

11 Gallery of Art may be negotiated with selected contractors

12 and awarded on the basis of contractor qualifications as

13 well as price.

14 JOHN F. KENNEDY CENTER FOR THE PERFORMING

15 ARTS

16 OPERATIONS AND MAINTENANCE

17 For necessary expenses for the operation, mainte18 nance and security of the John F. Kennedy Center for

19 the Performing Arts, $9,800,000 $10,323,000: Provided,

20 That 40 U.S.C. 193n is hereby amended by striking the

21 word ‘‘and’’ after the word ‘‘Institution’’ and inserting in

22 lieu thereof a comma, and by inserting ‘‘and the Trustees

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

24 after the word ‘‘Art,’’.
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1 CONSTRUCTION

2 For necessary expenses of capital repair and rehabili3 tation of the existing features of the building and site of

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

5 $8,983,000, to remain available until expended.

6 WOODROW WILSON INTERNATIONAL CENTER FOR

7 SCHOLARS

8 SALARIES AND EXPENSES

9 For expenses necessary in carrying out the provisions

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

11 1356) including hire of passenger vehicles and services as

12 authorized by 5 U.S.C. 3109, $5,140,100 $6,537,000.

13 NATIONAL FOUNDATION ON THE ARTS AND THE

14 HUMANITIES

15 NATIONAL ENDOWMENT FOR THE ARTS

16 GRANTS AND ADMINISTRATION

17 For necessary expenses to carry out the National

18 Foundation on the Arts and Humanities Act of 1965, as

19 amended, $82,259,000,–subject to passage by the House

20 of Representatives of a bill authorizing such appropria21 tion, shall be available to the National Endowment for the

22 Arts for the support of projects and productions in the

23 arts through assistance to groups and individuals pursu24 ant to section 5(c) of the Act, and for administering the
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1 functions of the Act, to remain available until September

2 30, 1997.

3 MATCHING GRANTS

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

5 National Foundation on the Arts and the Humanities Act

6 of 1965, as amended, $17,235,000,–subject to passage by

7 the House of Representatives of a bill authorizing such

8 appropriation, to remain available until September 30,

9 1997, to the National Endowment for the Arts, of which

10 $7,500,000 shall be available for purposes of section

11 5(p)(1): Provided, That this appropriation shall be avail12 able for obligation only in such amounts as may be equal

13 to the total amounts of gifts, bequests, and devises of

14 money, and other property accepted by the Chairman or

15 by grantees of the Endowment under the provisions of sec16 tion 10(a)(2), subsections 11(a)(2)(A) and 11(a)(3)(A)

17 during the current and preceding fiscal years for which

18 equal amounts have not previously been appropriated.

19 NATIONAL ENDOWMENT FOR THE HUMANITIES

20 GRANTS AND ADMINISTRATION

21 For necessary expenses to carry out the National

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

23 as amended, $82,469,000 $96,494,000 shall be available

24 to the National Endowment for the Humanities for sup25 port of activities in the humanities, pursuant to section
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HR 1977 RS

1 7(c) of the Act, and for administering the functions of the

2 Act, to remain available until September 30, 1997.

3 MATCHING GRANTS

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

5 National Foundation on the Arts and the Humanities Act

6 of 1965, as amended, $17,025,000 $18,000,000, to remain

7 available until September 30, 1997, of which $9,180,000

8 $10,000,000 shall be available to the National Endowment

9 for the Humanities for the purposes of section 7(h): Pro10 vided, That this appropriation shall be available for obliga11 tion only in such amounts as may be equal to the total

12 amounts of gifts, bequests, and devises of money, and

13 other property accepted by the Chairman or by grantees

14 of the Endowment under the provisions of subsections

15 11(a)(2)(B) and 11(a)(3)(B) during the current and pre16 ceding fiscal years for which equal amounts have not pre17 viously been appropriated.

18 INSTITUTE OF MUSEUM SERVICES

19 GRANTS AND ADMINISTRATION

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

21 Cultural Affairs Act of 1976, as amended, $21,000,000,

22 to remain available until September 30, 1997.

23 ADMINISTRATIVE PROVISIONS

24 None of the funds appropriated to the National

25 Foundation on the Arts and the Humanities may be used

26 to process any grant or contract documents which do not
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1 include the text of 18 U.S.C. 1913: Provided, That none

2 of the funds appropriated to the National Foundation on

3 the Arts and the Humanities may be used for official re4 ception and representation expenses.

5 COMMISSION OF FINE ARTS

6 SALARIES AND EXPENSES

7 For expenses made necessary by the Act establishing

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

9 NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS

10 For necessary expenses as authorized by Public Law

11 99–190 (99 Stat. 1261; 20 U.S.C. 956(a)), as amended,

12 $6,000,000.

13 ADVISORY COUNCIL ON HISTORIC PRESERVATION

14 SALARIES AND EXPENSES

15 For expenses necessary for the Advisory Council on

16 Historic Preservation, $3,063,000 $2,500,000.

17 NATIONAL CAPITAL PLANNING COMMISSION

18 SALARIES AND EXPENSES

19 For necessary expenses, as authorized by the Na20 tional Capital Planning Act of 1952 (40 U.S.C. 71–71i),

21 including services as authorized by 5 U.S.C. 3109,

22 $5,090,000: Provided, That all appointed members will be

23 compensated at a rate not to exceed the rate for Executive

24 Schedule Level IV.
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1 FRANKLIN DELANO ROOSEVELT MEMORIAL COMMISSION

2 SALARIES AND EXPENSES

3 For necessary expenses of the Franklin Delano Roo4 sevelt Memorial Commission, established by the Act of Au5 gust 11, 1955 (69 Stat. 694), as amended by Public Law

6 92–332 (86 Stat. 401), $48,000 $147,000, to remain avail7 able until September 30, 1997.

8 PENNSYLVANIA AVENUE DEVELOPMENT CORPORATION

9 SALARIES AND EXPENSES

10 For necessary expenses for the orderly closure of the

11 Pennsylvania Avenue Development Corporation,

12 $2,000,000.

13 PUBLIC DEVELOPMENT

14 Funds made available under this heading in prior

15 years shall be available for operating and administrative

16 expenses of the Corporation.

17 UNITED STATES HOLOCAUST MEMORIAL COUNCIL

18 HOLOCAUST MEMORIAL COUNCIL

19 For expenses of the Holocaust Memorial Council, as

20 authorized by Public Law 96–388, as amended,

21 $28,707,000 $26,609,000; of which $1,575,000 for the

22 Museum’s repair and rehabilitation program and

23 $1,264,000 for the Museum’s exhibition program shall re24 main available until expended.
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1 TITLE III—GENERAL PROVISIONS

2 SEC. 301. The expenditure of any appropriation

3 under this Act for any consulting service through procure4 ment contract, pursuant to 5 U.S.C. 3109, shall be limited

5 to those contracts where such expenditures are a matter

6 of public record and available for public inspection, except

7 where otherwise provided under existing law, or under ex8 isting Executive order issued pursuant to existing law.

9 SEC. 302. No part of any appropriation under this

10 Act shall be available to the Secretary of the Interior or

11 the Secretary of Agriculture for the leasing of oil and nat12 ural gas by noncompetitive bidding on publicly owned

13 lands within the boundaries of the Shawnee National For14 est, Illinois: Provided, That nothing herein is intended to

15 inhibit or otherwise affect the sale, lease, or right to access

16 to minerals owned by private individuals.

17 SEC. 303. No part of any appropriation contained in

18 this Act shall be available for any activity or the publica19 tion or distribution of literature that in any way tends to

20 promote public support or opposition to any legislative

21 proposal on which congressional action is not complete.

22 SEC. 304. No part of any appropriation contained in

23 this Act shall remain available for obligation beyond the

24 current fiscal year unless expressly so provided herein.
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1 SEC. 305. None of the funds provided in this Act to

2 any department or agency shall be obligated or expended

3 to provide a personal cook, chauffeur, or other personal

4 servants to any officer or employee of such department

5 or agency except as otherwise provided by law.

6 SEC. 306. No assessments may be levied against any

7 program, budget activity, subactivity, or project funded by

8 this Act unless notice of such assessments and the basis

9 therefor are presented to the Committees on Appropria10 tions and are approved by such Committees.

11 SEC. 307. (a) COMPLIANCE WITH BUY AMERICAN

12 ACT.—None of the funds made available in this Act may

13 be expended by an entity unless the entity agrees that in

14 expending the funds the entity will comply with sections

15 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a–

16 10c; popularly known as the ‘‘Buy American Act’’).

17 (b) SENSE OF CONGRESS; REQUIREMENT REGARD18 ING NOTICE.—

19 (1) PURCHASE OF AMERICAN-MADE EQUIPMENT

20 AND PRODUCTS.—In the case of any equipment or

21 product that may be authorized to be purchased

22 with financial assistance provided using funds made

23 available in this Act, it is the sense of the Congress

24 that entities receiving the assistance should, in ex-
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1 pending the assistance, purchase only American2 made equipment and products.

3 (2) NOTICE TO RECIPIENTS OF ASSISTANCE.—

4 In providing financial assistance using funds made

5 available in this Act, the head of each Federal agen6 cy shall provide to each recipient of the assistance

7 a notice describing the statement made in paragraph

8 (1) by the Congress.

9 (c) PROHIBITION OF CONTRACTS WITH PERSONS

10 FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—

11 If it has been finally determined by a court or Federal

12 agency that any person intentionally affixed a label bear13 ing a ‘‘Made in America’’ inscription, or any inscription

14 with the same meaning, to any product sold in or shipped

15 to the United States that is not made in the United

16 States, the person shall be ineligible to receive any con17 tract or subcontract made with funds made available in

18 this Act, pursuant to the debarment, suspension, and ineli19 gibility procedures described in sections 9.400 through

20 9.409 of title 48, Code of Federal Regulations.

21 SEC. 308. None of the funds in this Act may be used

22 to plan, prepare, or offer for sale timber from trees classi23 fied as giant sequoia (sequoiadendron giganteum) which

24 are located on National Forest System or Bureau of Land
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1 Management lands in a manner different than such sales

2 were conducted in fiscal year 1995.

3 SEC. 309. None of the funds made available by this

4 Act may be obligated or expended by the National Park

5 Service to enter into or implement a concession contract

6 which permits or requires the removal of the underground

7 lunchroom at the Carlsbad Caverns National Park.

8 SEC. 310. Where the actual costs of construction

9 projects under self-determination contracts, compacts, or

10 grants, pursuant to Public Laws 93–638, 100–413 103–

11 413, or 100–297, are less than the estimated costs thereof,

12 use of the resulting excess funds shall be determined by

13 the appropriate Secretary after consultation with the

14 tribes.

15 SEC. 311. Notwithstanding Public Law 103–413,

16 quarterly payments of funds to tribes and tribal organiza17 tions under annual funding agreements pursuant to sec18 tion 108 of Public Law 93–638, as amended, may be made

19 on the first business day following the first day of a fiscal

20 quarter.

21 SEC. 312. None of funds in this Act may be used

22 for the Americorps program.

23 SEC. 312. None of the funds appropriated or otherwise

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

25 program.
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1 SEC. 313. (a) On or before April 1, 1996, the Penn2 sylvania Avenue Development Corporation shall—

3 (1) transfer and assign in accordance with this

4 section all of its rights, title, and interest in and to

5 all of the leases, covenants, agreements, and ease6 ments it has executed or will execute by March 31,

7 1996, in carrying out its powers and duties under

8 the Pennsylvania Avenue Development Corporation

9 Act (40 U.S.C. 871–885) and the Federal Triangle

10 Development Act (40 U.S.C. 1101–1109) to the

11 General Services Administration, National Capital

12 Planning Commission, or the National Park Service;

13 and

14 (2) except as provided by subsection (d), trans15 fer all rights, title, and interest in and to all prop16 erty, both real and personal, held in the name of the

17 Pennsylvania Avenue Development Corporation to

18 the General Services Administration.

19 (b) The responsibilities of the Pennsylvania Avenue

20 Development Corporation transferred to the General Serv21 ices Administration under subsection (a) include, but are

22 not limited to, the following:

23 (1) Collection of revenue owed the Federal Gov24 ernment as a result of real estate sales or lease

25 agreements entered into by the Pennsylvania Avenue
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1 Development Corporation and private parties, in2 cluding, at a minimum, with respect to the following

3 projects:

4 (A) The Willard Hotel property on Square

5 225.

6 (B) The Gallery Row project on Square

7 457.

8 (C) The Lansburgh’s project on Square

9 431.

10 (D) The Market Square North project on

11 Square 407.

12 (2) Collection of sale or lease revenue owed the

13 Federal Government (if any) in the event two unde14 veloped sites owned by the Pennsylvania Avenue De15 velopment Corporation on Squares 457 and 406 are

16 sold or leased prior to April 1, 1996.

17 (3) Application of collected revenue to repay

18 United States Treasury debt incurred by the Penn19 sylvania Avenue Development Corporation in the

20 course of acquiring real estate.

21 (4) Performing financial audits for projects in

22 which the Pennsylvania Avenue Development Cor23 poration has actual or potential revenue expectation,

24 as identified in paragraphs (1) and (2), in accord-
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1 ance with procedures describe in applicable sale or

2 lease agreements.

3 (5) Disposition of real estate properties which

4 are or become available for sale and lease or other

5 uses.

6 (6) Payment of benefits in accordance with the

7 Uniform Relocation Assistance and Real Property

8 Acquisitions Policies Act of 1970 to which persons

9 in the project area squares are entitled as a result

10 of the Pennsylvania Avenue Development Corpora11 tion’s acquisition of real estate.

12 (7) Carrying out the responsibilities of the

13 Pennsylvania Avenue Development Corporation

14 under the Federal Triangle Development Act (40

15 U.S.C. 1101–1109), including responsibilities for

16 managing assets and liabilities of the Corporation

17 under such Act.

18 (c) In carrying out the responsibilities of the Penn19 sylvania Avenue Development Corporation transferred

20 under this section, the Administrator of the General Serv21 ices Administration shall have the following powers:

22 (1) To acquire lands, improvements, and prop23 erties by purchase, lease or exchange, and to sell,

24 lease, or otherwise dispose of real or personal prop25 erty as necessary to complete the development plan
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1 developed under section 5 of the Pennsylvania Ave2 nue Development Corporation Act of 1972 (40

3 U.S.C. 874) if a notice of intention to carry out such

4 acquisition or disposal is first transmitted to the

5 Committee on Transportation and Infrastructure

6 and the Committee on Appropriations of the House

7 of Representatives and the Committee on Environ8 ment and Public Works and the Committee on Ap9 propriations of the Senate and at least 60 days

10 elapse after the date of such transmission.

11 (2) To modify from time to time the plan re12 ferred to in paragraph (1) if such modification is

13 first transmitted to the Committee on Transpor14 tation and Infrastructure and the Committee on Ap15 propriations of the House of Representatives and the

16 Committee on Environment and Public Works and

17 the Committee on Appropriations of the Senate and

18 at least 60 days elapse after the date of such trans19 mission.

20 (3) To maintain any existing Pennsylvania Ave21 nue Development Corporation insurance programs.

22 (4) To enter into and perform such leases, con23 tracts, or other transactions with any agency or in24 strumentality of the United States, the several

25 States, or the District of Columbia or with any per-
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1 son, firm, association, or corporation as may be nec2 essary to carry out the responsibilities of the Penn3 sylvania Avenue Development Corporation under the

4 Federal Triangle Development Act (40 U.S.C.

5 1101–1109).

6 (5) To request the Council of the District of

7 Columbia to close any alleys necessary for the com8 pletion of development in Square 457.

9 (6) To use all of the funds transferred from the

10 Pennsylvania Avenue Development Corporation or

11 income earned on Pennsylvania Avenue Development

12 Corporation property to complete any pending devel13 opment projects.

14 (d)(1)(A) On or before April 1, 1996, the Pennsylva15 nia Avenue Development Corporation shall transfer all its

16 right, title, and interest in and to the property described

17 in subparagraph (B) to the National Park Service, De18 partment of the Interior.

19 (B) The property referred to in subparagraph (A) is

20 the property located within the Pennsylvania Avenue Na21 tional Historic Site depicted on a map entitled ‘‘Penn22 sylvania Avenue National Historic Park’’, dated June 1,

23 1995, and numbered 840–82441, which shall be on file

24 and available for public inspection in the offices of the Na25 tional Park Service, Department of the Interior. The
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1 Pennsylvania Avenue National Historic Site includes the

2 parks, plazas, sidewalks, special lighting, trees, sculpture,

3 and memorials.

4 (2) Jurisdiction of Pennsylvania Avenue and all other

5 roadways from curb to curb shall remain with the District

6 of Columbia but vendors shall not be permitted to occupy

7 street space except during temporary special events.

8 (3) The National Park Service shall be responsible

9 for management, administration, maintenance, law en10 forcement, visitor services, resource protection, interpreta11 tion, and historic preservation at the Pennsylvania Avenue

12 National Historic Site.

13 (4) The National Park Service may enter into con14 tracts, cooperative agreements, or other transactions with

15 any agency or instrumentality of the United States, the

16 several States, or the District of Columbia or with any

17 person, firm, association, or corporation as may be deemed

18 necessary or appropriate for the conduct of special events,

19 festivals, concerts, or other art and cultural programs at

20 the Pennsylvania Avenue National Historic Site or may

21 establish a nonprofit foundation to solicit funds for such

22 activities.

23 (e) Notwithstanding any other provision of law, the

24 responsibility for ensuring that development or redevelop25 ment in the Pennsylvania Avenue area is carried out in
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1 accordance with the Pennsylvania Avenue Development

2 Corporation Plan—1974, as amended, is transferred to

3 the National Capital Planning Commission or its succes4 sor commencing April 1, 1996.

5 (f) SAVINGS PROVISIONS.—

6 (1) REGULATIONS.—Any regulations prescribed

7 by the Corporation in connection with the Penn8 sylvania Avenue Development Corporation Act of

9 1972 (40 U.S.C. 871–885) and the Federal Triangle

10 Development Act (40 U.S.C. 1101–1109) shall con11 tinue in effect until suspended by regulations pre12 scribed by the Administrator of the General Services

13 Administration.

14 (2) EXISTING RIGHTS, DUTIES, AND OBLIGA15 TIONS NOT AFFECTED.—Subsection (a) shall not be

16 construed as affecting the validity of any right, duty,

17 or obligation of the United States or any other per18 son arising under or pursuant to any contract, loan,

19 or other instrument or agreement which was in ef20 fect on the day before the date of the transfers

21 under subsection (a).

22 (3) CONTINUATION OF SUITS.—No action or

23 other proceeding commenced by or against the Cor24 poration in connection with administration of the

25 Pennsylvania Avenue Development Corporation Act
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1 of 1972 (40 U.S.C. 871–885) and the Federal Tri2 angle Development Act (40 U.S.C. 1101–1109) shall

3 abate by reason of enactment and implementation of

4 this Act, except that the General Services Adminis5 tration shall be substituted for the Corporation as a

6 party to any such action or proceeding.

7 (g) Section 3(b) of the Pennsylvania Avenue Develop8 ment Corporation Act of 1972 (40 U.S.C. 872(b)) is

9 amended as follows:

10 ‘‘(b) The Corporation shall be dissolved on April 1,

11 1996. Upon dissolution, assets, obligations, and indebted12 ness of the Corporation shall be transferred in accordance

13 with the Department of the Interior and Related Agencies

14 Appropriations Act, 1996.’’.

15 SEC. 314. (a) Except as provided in subsection (b),

16 no part of any appropriation contained in this Act or any

17 other Act shall be obligated or expended for the operation

18 or implementation of the Interior Columbia River Basin

19 Ecoregion Assessment Project (hereinafter ‘‘Project’’).

20 (b) From the funds appropriated to the Forest Serv21 ice and the Bureau of Land Management, $600,000 is

22 made available to publish by January 1, 1996, for peer

23 review and public comment, the scientific information col24 lected, and analysis undertaken, by the Project prior to

25 the date of enactment of this Act concerning forest health
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1 conditions and forest management needs related to those

2 conditions.

3 (c)(1) From the funds appropriated to the Forest

4 Service, the Secretary of Agriculture (hereinafter ‘‘Sec5 retary’’) shall—

6 (A) review the land and resource management

7 plan (hereinafter ‘‘plan’’) for each national forest

8 within the area encompassed by the Project and any

9 policy which is applicable to such plan (whether or

10 not such policy is final or draft, or has been added

11 to such plan by amendment), which is or is intended

12 to be of limited duration, and which the Project was

13 tasked to address; and

14 (B) determine whether such policy modified to

15 meet the specific conditions of such national forest,

16 or another policy which serves the purpose of such

17 policy, should be adopted for such national forest.

18 (2) If the Secretary makes a decision that such a

19 modified or alternative policy should be adopted for such

20 national forest, the Secretary shall prepare and adopt for

21 the plan for such national forest an amendment which

22 contains such policy, which is directed solely to and affects

23 only such plan, and which addresses the specific conditions

24 of the national forest and the relationship of such policy

25 to such conditions.
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1 (3) To the maximum extent practicable, any amend2 ment prepared pursuant to paragraph (2) shall establish

3 procedures to develop site-specific standards in lieu of im4 posing general standards applicable to multiple sites. Any

5 amendment which would result in any change in land allo6 cations within the plan or reduce the likelihood of achieve7 ment of the goals and objectives of the plan (prior to any

8 previous amendment incorporating in the plan any policy

9 referred to in paragraph (1)(A)) shall be deemed a signifi10 cant plan amendment pursuant to section 6(f)(4) of the

11 Forest and Rangeland Renewable Resources Planning Act

12 of 1974 (16 U.S.C. 1604(f)(4)).

13 (4) Any amendment prepared pursuant to paragraph

14 (2) which adopts a modified or alternative policy to sub15 stitute for a policy referred to in paragraph (1)(A) which

16 has undergone consultation pursuant to section 7 of the

17 Endangered Species Act of 1973 shall not again be subject

18 to the consultation provisions of such section 7. No further

19 consultation shall be undertaken on any policy referred to

20 in paragraph (1)(A).

21 (5) Any amendment prepared pursuant to paragraph

22 (2) shall be adopted on or before March 31, 1996: Pro23 vided, That any amendment deemed a significant amend24 ment pursuant to paragraph (3) shall be adopted on or

25 before June 30, 1996.
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1 (6) No policy referred to in paragraph (1)(A) shall

2 be effective on or after April 1, 1996.

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

4 part of any appropriation contained in this Act or any

5 other Act shall be obligated or expended for the operation

6 or implementation of the Interior Columbia Basin Eco7 system Management Project (hereinafter ‘‘Project’’).

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

9 and Bureau of Land Management, a sum of $1,600,000 is

10 made available for the appropriate line officers assigned to

11 the Walla Walla office and the Boise office of the Project

12 to publish by April 30, 1996, an eastside final environ13 mental impact statement, without a record of decision, for

14 the Federal lands subject to the Project in Oregon and

15 Washington and an Upper Columbia Basin final environ16 mental impact statement, without a record of decision, for

17 the Federal lands subject to the Project in Idaho and Mon18 tana and other affected States, respectively. Among other

19 matters, the final environmental impact statements shall

20 contain the scientific information collected and analysis

21 undertaken by the Project on landscape dynamics and forest

22 health conditions and the implications of such dynamics

23 and conditions for forest management, including the man24 agement of forest vegetation structure, composition, and

25 density.
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1 (c)(1) From the funds appropriated to the Forest Serv2 ice and the Bureau of Land Management, the Secretary of

3 Agriculture or the Secretary of the Interior as the case may

4 be, shall—

5 (A) review the resource management plan (here6 inafter ‘‘plan’’) for each national forest and unit of

7 lands administered by the Bureau of Land Manage8 ment (hereinafter ‘‘forest’’) within the area encom9 passed by the Project, the analysis in the relevant

10 draft environmental impact statement prepared pur11 suant to subsection (b) which is applicable to such

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

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

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

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

16 Project addresses; and

17 (B) based on such review, determine whether

18 such policy modified to meet the specific conditions of

19 such forest, or an alternative policy which serves the

20 purpose of such policy, should be adopted for such for21 est.

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

23 such a modified or alternative policy should be adopted for

24 such forest, the Secretary concerned shall prepare and adopt

25 for the resource management plan for such forest an amend-
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1 ment which contains such policy, which is directed solely

2 to and affects only such plan, and which addresses the spe3 cific conditions of the forest and the relationship of such

4 policy to such conditions. The Secretary shall consult with

5 the Governor of the State, and the Commissioner of the

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

7 such decision and, if the decision is to prepare an amend8 ment, during the preparation thereof.

9 (3) To the maximum extent practicable, any amend10 ment prepared pursuant to paragraph (2) shall establish

11 procedures to develop site-specific standards in lieu of im12 posing general standards applicable to multiple sites. Any

13 amendment which would result in any change in land allo14 cations within the land management plan or reduce the

15 likelihood of achievement of the goals and objectives of the

16 plan (prior to any previous amendment incorporating in

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

18 be deemed a significant plan amendment, or equivalent,

19 pursuant to section 6(f)(4) of the Forest and Rangeland Re20 newable Resources Planning Act of 1974 (16 U.S.C.

21 1604(f)(4)) or section 202 of the Federal Land Policy and

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

23 (4)(A) Any amendment prepared pursuant to para24 graph (2) which adopts a policy that is a modification of

25 or alternative to a policy referred to in paragraph (1)(A)
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1 upon which consultation or conferencing has occurred pur2 suant to section 7 of the Endangered Species Act of 1973

3 (16 U.S.C. 1536) shall not again be subject to the consulta4 tion or conferencing provisions of such section 7.

5 (B) If required by such section 7, the Secretary con6 cerned shall consult or conference separately on each

7 amendment prepared pursuant to paragraph (2) which is

8 not subject to subparagraph (A).

9 (C) No further consultation other than the consultation

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

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

12 project or activity which is consistent with an applicable

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

14 or on any portion of any resource management plan related

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

16 (5) Any amendment prepared pursuant to paragraph

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

18 That any amendment deemed a significant amendment

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

20 December 31, 1996.

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

22 provision of a resource management plan or other planning

23 document incorporating such policy, shall be effective on or

24 after December 31, 1996, or after an amendment is promul-
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1 gated subject to the provisions of this section, whichever oc2 curs first.

3 (d) The documents prepared under the authority of

4 this section shall not be applied or used to regulate non5 Federal lands in the affected States.

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

7 through the Bureau of Land Management, the National

8 Park Service and the United States Fish and Wildlife

9 Service) and the Secretary of Agriculture (acting through

10 the Forest Service) shall each implement a fee program

11 to demonstrate the feasibility of user-generated cost recov12 ery for the operation and maintenance of recreation sites

13 and habitat enhancement projects on Federal lands.

14 (b) In carrying out the pilot program established pur15 suant to this section, the appropriate Secretary shall select

16 from areas under the jurisdiction of each of the four agen17 cies referred to in subsection (a) no fewer than 10, but

18 as many as 30, sites or projects for fee demonstration.

19 For each such demonstration, the Secretary, notwith20 standing any other provision of law—

21 (1) shall charge and collect fees for admission

22 to the area or for the use of outdoor recreation sites,

23 facilities, visitor centers, equipment, and services by

24 individuals and groups, or any combination thereof;
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1 (2) shall establish fees under this section based

2 upon a variety of cost recovery and fair market valu3 ation methods to provide a broad basis for feasibility

4 testing;

5 (3) may contract with any public or private en6 tity to provide visitor services, including reservations

7 and information, and may accept services of volun8 teers to collect fees charged pursuant to paragraph

9 (1); and

10 (4) may encourage private investment and part11 nerships to enhance the delivery of quality customer

12 services and resource enhancement, and provide ap13 propriate recognition to such partners or investors.

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

15 site in excess of 104 percent of that site’s total collections

16 during the previous fiscal year shall be distributed as fol17 lows:

18 (i) Eighty percent of the amounts collected at

19 the demonstration site shall be deposited in a special

20 account in the Treasury established for the adminis21 trative unit in which the project is located and shall

22 remain available for expenditure in accordance with

23 paragraph (3) for further activities of the site or

24 project.
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1 (ii) Twenty percent of the amounts collected at

2 the demonstration site shall be deposited in a special

3 account in the Treasury for each agency and shall

4 remain available for expenditure in accordance with

5 paragraph (3) for use on an agencywide basis.

6 (2) For purposes of this subsection, ‘‘total collec7 tions’’ for each site shall be defined as gross collections

8 before any reduction for amounts attributable to collection

9 costs.

10 (3) Expenditures from the special funds shall be ac11 counted for separately.

12 (4) In order to increase the quality of the visitor expe13 rience at public recreational areas and enhance the protec14 tion of resources, amounts available for expenditure under

15 paragraph (1) may only be used for the site or project

16 concerned, for backlogged repair and maintenance projects

17 (including projects relating to health and safety) and for

18 interpretation, signage, habitat or facility enhancement,

19 resource preservation, annual operation, maintenance, and

20 law enforcement relating to public use. The agencywide

21 accounts may be used for the same purposes set forth in

22 the preceding sentence, but for sites or projects selected

23 at the discretion of the respective agency head.

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

25 be taken into account for the purposes of the Act of May
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1 23, 1908 and the Act of March 1, 1911 (16 U.S.C. 500),

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

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

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

5 the Act of June 14, 1926 (43 U.S.C. 869–4), chapter 69

6 of title 31, United States Code, section 401 of the Act

7 of June 15, 1935 (16 U.S.C. 715s), the Land and Water

8 Conservation Fund Act of 1965 (16 U.S.C. 460l), and any

9 other provision of law relating to revenue allocation.

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

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

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

13 of Agriculture shall carry out this section without promul14 gating regulations.

15 (f) The authority to collect fees under this section

16 shall commence on October 1, 1995, and end on Septem17 ber 30, 1996. Funds in accounts established shall remain

18 available through September 30, 1997.

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

20 through the Bureau of Land Management, the National

21 Park Service and the United States Fish and Wildlife Serv22 ice) and the Secretary of Agriculture (acting through the

23 Forest Service) shall each implement a fee program to dem24 onstrate the feasibility of user-generated cost recovery for
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1 the operation and maintenance of recreation areas or sites

2 and habitat enhancement projects on Federal lands.

3 (b) In carrying out the pilot program established pur4 suant to this section, the appropriate Secretary shall select

5 from areas under the jurisdiction of each of the four agen6 cies referred to in subsection (a) no fewer than 10, but as

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

8 For each such demonstration, the Secretary, notwithstand9 ing any other provision of law—

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

11 the area or for the use of outdoor recreation sites, fa12 cilities, visitor centers, equipment, and services by in13 dividuals and groups, or any combination thereof;

14 (2) shall establish fees under this section based

15 upon a variety of cost recovery and fair market valu16 ation methods to provide a broad basis for feasibility

17 testing;

18 (3) may contract, including provisions for rea19 sonable commissions, with any public or private en20 tity to provide visitor services, including reservations

21 and information, and may accept services of volun22 teers to collect fees charged pursuant to paragraph

23 (1);

24 (4) may encourage private investment and part25 nerships to enhance the delivery of quality customer
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1 services and resource enhancement, and provide ap2 propriate recognition to such partners or investors;

3 and

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

5 any violation of the authority to collect fees for ad6 mission to the area or for the use of outdoor recre7 ation sites, facilities, visitor centers, equipment, and

8 services.

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

10 shall be distributed as follows:

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

12 amount collected in fiscal year 1995, and thereafter

13 annually adjusted upward by 4 percent, 80 percent to

14 a special account in the Treasury for use by the agen15 cy which administers the site, to remain available for

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

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

18 amount collected in fiscal year 1995, and thereafter

19 annually adjusted upward by 4 percent, 20 percent to

20 a special account in the Treasury for use by the agen21 cy which administers the site, to remain available for

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

23 (C) For agencies other than the Fish and Wild24 life Service, up to 15 percent of current year collec25 tions at each site, but not greater than fee collection
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1 costs for that fiscal year, to remain available for ex2 penditure in accordance with paragraph (3)(C).

3 (D) For agencies other than the Fish and Wild4 life Service, the balance to the special account estab5 lished pursuant to subparagraph (A) of section 4(i)(1)

6 of the Land and Water Conservation Act as amended.

7 (E) For the Fish and Wildlife Service, the bal8 ance shall be distributed in accordance with the Fish

9 and Wildlife Service Administrative Provisions of this

10 Act.

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

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

13 reduction for amounts attributable to collection costs.

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

15 shall be for further activities of each site, and shall be ac16 counted for separately. Expenditures for each site shall be

17 in proportion to total collections from the demonstration

18 sites administered by an agency.

19 (B) Expenditures from agency specific special funds

20 shall be for use on an agency-wide basis and shall be ac21 counted for separately.

22 (C) Expenditures from the fee collection support fund

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

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

25 as amended.
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1 (4) In order to increase the quality of the visitor expe2 rience at public recreational areas and enhance the protec3 tion of resources, amounts available for expenditure under

4 paragraph (1) may only be used for the site or project con5 cerned, for backlogged repair and maintenance projects (in6 cluding projects relating to health and safety) and for inter7 pretation, signage, habitat or facility enhancement, resource

8 preservation, annual operation (including fee collection),

9 maintenance, and law enforcement relating to public use.

10 The agencywide accounts may be used for the same purposes

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

12 selected at the discretion of the respective agency head.

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

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

15 23, 1908 and the Act of March 1, 1911 (16 U.S.C. 500),

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

17 22, 1937 (7 U.S.C. 1012), the Act of August 8, 1937 and

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

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

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

21 (16 U.S.C. 715s), the Land and Water Conservation Fund

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

23 law relating to revenue allocation.

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

25 lieu of fees charged under any other provision of law.
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1 (e) The Secretary of the Interior and the Secretary of

2 Agriculture shall carry out this section without promulgat3 ing regulations.

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

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

6 1998. Funds in accounts established shall remain available

7 through September 30, 2001.

8 SEC. 316. The Forest Service and Bureau of Land

9 Management may offer for sale salvageable timber in the

10 Pacific Northwest in fiscal year 1996: Provided, That for

11 public lands known to contain the Northern spotted owl,

12 such salvage sales may be offered as long as the offering

13 of such sale will not render the area unsuitable as habitat

14 for the Northern spotted owl: Provided further, That tim15 ber salvage activity in spotted owl habitat is to be done

16 in full compliance with all existing environmental and for17 est management laws.

18 SEC. 317. None of the funds made available in this

19 Act may be used for any program, project, or activity

20 when it is made known to the Federal entity or official

21 to which the funds are made available that the program,

22 project, or activity is not in compliance with any applicable

23 Federal law relating to risk assessment, the protection of

24 private property rights, or unfunded mandates.
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1 SEC. 318. None of the funds provided in this Act may

2 be made available for the Mississippi River Corridor Herit3 age Commission.

4 SEC. 319. (a) LIMITATION ON USE OF FUNDS.—

5 None of the funds made available in this Act may be used

6 by the Department of Energy in implementing the Codes

7 and Standards Program to plan, propose, issue, or pre8 scribe any new or amended standard.

9 (b) CORRESPONDING REDUCTION IN FUNDS.—The

10 aggregate amount otherwise provided in this Act for ‘‘DE11 PARTMENT OF ENERGY—Energy Conservation’’ is

12 hereby reduced by $12,799,000.

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

14 Act may be used by the Department of Energy in imple15 menting the Codes and Standards Program to plan, pro16 pose, issue, or prescribe any new or amended standard—

17 (1) when it is made known to the Federal offi18 cial having authority to obligate or expend such

19 funds that the Attorney General, in accordance with

20 section 325(o)(2)(B) of the Energy Policy and Con21 servation Act (42 U.S.C. 6295(o)(2)(B)), determined

22 that the standard is likely to cause significant anti23 competitive effects;

24 (2) that the Secretary of Energy, in accordance

25 with such section 325(o)(2)(B), has determined that
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1 the benefits of the standard do not exceed its bur2 dens; or

3 (3) that is for fluorescent lamps ballasts.

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

5 Act may be used by the Department of Energy in imple6 menting the Codes and Standards Program to plan, pro7 pose, issue, or prescribe any new or amended standard for

8 fluorescent lamps ballasts.

9 SEC. 321. None of the funds made available in this

10 Act may be used (1) to demolish the bridge between Jersey

11 City, New Jersey, and Ellis Island; or (2) to prevent pe12 destrian use of such bridge, when it is made known to

13 the Federal official having authority to obligate or expend

14 such funds that such pedestrian use is consistent with gen15 erally accepted safety standards.

16 SEC. 322. No funds appropriated or otherwise made

17 available pursuant to this Act in fiscal year 1996 shall

18 be obligated or expended to accept or process applications

19 for a patent for any mining or mill site claim located under

20 the general mining laws or to issue a patent for any such

21 claim.

22 SEC. 323. None of the funds appropriated or other23 wise made available by this Act may be used for the pur24 poses of acquiring lands in the counties of Lawrence, Mon25 roe, or Washington, Ohio, for the Wayne National Forest.
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1 SEC. 324. No part of any appropriation contained in

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

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

4 Development after December 31, 1995.

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

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

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

8 murrelet is ‘‘known to be nesting’’; or (b) to modify the pro9 tocol for surveying for marbled murrelets in effect on July

10 21, 1995.

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

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

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

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

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

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

22 accept from the Corporation in exchange therefor, title to

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

25 section 33, township 38 north, range 37 east, Willamette
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1 Meridian, Stevens County, Washington, and further identi2 fied in the records of the Bureau of Reclamation, Depart3 ment of the Interior, as Tract No. GC–19858 and Tract

4 No. GC–19859, respectively.

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

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

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

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

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

15 any cash payment received by the Secretary shall be covered

16 in the Reclamation Fund and credited to the Columbia

17 Basin project.

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

19 necessary land surveys, preparing the legal descriptions of

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

21 administrative costs incurred in completing the exchange

22 shall be borne by the Corporation.

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

24 The Secretary shall not acquire any lands under this Act

25 if the Secretary determines that such lands, or any portion
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1 thereof, have become contaminated with hazardous sub2 stances (as defined in the Comprehensive Environmental

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

4 9601)).

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

6 United States shall have no responsibility or liability with

7 respect to any hazardous wastes or other substances placed

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

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

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

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

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

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

18 (e) AUTHORIZATION OF APPROPRIATIONS.—There are

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

21 SEC. 327. TIMBER SALES PIPELINE RESTORATION

22 FUNDS.—(a) The Secretary of Agriculture and the Sec23 retary of the Interior shall each establish a Timber Sales

24 Pipeline Restoration Fund (hereinafter ‘‘Agriculture Fund’’

25 and ‘‘Interior Fund’’ or ‘‘Funds’’). Any revenues received
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1 from sales released under section 2001(k) of the Fiscal Year

2 1995 Supplemental Appropriations for Disaster Assistance

3 and Rescissions Act, minus the funds necessary to make

4 payments to States or local governments under other law

5 concerning the distribution of revenues derived from the af6 fected lands, which are in excess of $37,500,000 (hereinafter

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

8 distribution of excess revenues between the Agriculture

9 Fund and Interior Fund shall be calculated by multiplying

10 the total of excess revenues times a fraction with a denomi11 nator of the total revenues received from all sales released

12 under such section 2001(k) and numerators of the total reve13 nues received from such sales on lands within the National

14 Forest System and the total revenues received from such

15 sales on lands administered by the Bureau of Land Man16 agement, respectively: Provided, That revenues or portions

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

18 minus the amounts necessary for State and local govern19 ment payments and other necessary deposits, may be depos20 ited into the Funds immediately upon receipt thereof and

21 subsequently redistributed between the Funds or paid into

22 the United States Treasury as miscellaneous receipts as

23 may be required when the calculation of excess revenues is

24 made.
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1 (b)(1) From the funds deposited into the Agriculture

2 Fund and into the Interior Fund pursuant to subsection

3 (a)—

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

6 for preparation of timber sales, other than salvage

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

8 year 1995 Supplemental Appropriations for Disaster

9 Assistance and Rescissions Act, which—

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

12 the Bureau of Land Management, respectively;

13 and

14 (ii) are in addition to timber sales for

15 which funds are otherwise available in this Act

16 or other appropriations acts.

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

19 expend on the backlog of recreation projects on lands

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

23 (2) Expenditures under this subsection for preparation

24 of timber sales may include expenditures for Forest Service

25 activities within the forest land management budget line
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1 item and associated timber roads, and Bureau of Land

2 Management activities within the Oregon and California

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

5 (c) Revenues received from any timber sale prepared

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

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

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

10 Such deposited revenues shall be available for preparation

11 of additional timber sales and completion of additional

12 recreation projects in accordance with the requirements set

13 forth in subsection (b).

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

16 pay any unobligated funds in the affected Fund into the

17 United States Treasury as miscellaneous receipts, whenever

18 the Secretary concerned makes a finding, published in the

19 Federal Register, that sales sufficient to achieve the total

20 allowable sales quantity of the national forest system for

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

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

24 (e) Any timber sales prepared and recreation projects

25 completed under this section shall comply with all applica-
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1 ble environmental and natural resource laws and regula2 tions.

3 (f) The Secretary concerned shall report annually to

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

5 the House of Representatives on expenditures made from the

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

8 preparation and recreation project work undertaken during

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

10 Fund. Such information shall be provided for each Forest

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

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

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

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

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

18 be available for travel and training expenses for the Bureau

19 of Indian Affairs or the Office of Indian Education for edu20 cation conferences or training activities.

21 SEC. 329. Of the funds provided to the National En22 dowment for the Arts:

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

24 an individual if such grant is awarded to such indi25 vidual for a literature fellowship.
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1 (b) The Chairperson shall establish procedures to

2 ensure that no funding provided through a grant, ex3 cept a grant made to a State or regional group, may

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

5 individual to conduct activity independent of the di6 rect grant recipient. Nothing in this subsection shall

7 prohibit payments made in exchange for goods and

8 services.

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

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

11 contents of the season, including identified programs

12 and/or projects.

13 This Act may be cited as the ‘‘Department of the In14 terior and Related Agencies Appropriations Act, 1996’’.

Passed the House of Representatives July 18, 1995.

Attest: ROBIN H. CARLE,

Clerk.

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