```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1977 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                             August 9 (legislative day, July 10), 1995.
      Resolved, That the bill from the House of Representatives (H.R. 
1977) entitled ``An Act making appropriations for the Department of the 
Interior and related agencies for the fiscal year ending September 30, 
1996, and for other purposes'', do pass with the following

                              AMENDMENTS:
 (1)Page 2, line 16, strike out [$570,017,000] and insert: $563,936,000

 (2)Page 2, line 17, strike out all after ``expended'' down to and 
including ``Management'' in line 22

 (3)Page 3, line 9, strike out [$570,017,000] and insert: $563,936,000

 (4)Page 3, line 21, strike out [$235,924,000] and insert: $240,159,000

 (5)Page 5, line 9, strike out [$2,515,000] and insert: $2,615,000

 (6)Page 5, line 14, strike out [$111,409,000] and insert: $100,000,000

 (7)Page 5, line 20, strike out [$8,500,000] and insert: $10,550,000

 (8)Page 6, line 6, strike out [$91,387,000] and insert: $95,364,000

 (9)Page 9, line 24, strike out all after ``93-408,'' down to and 
including ``1997,'' in line 25 and insert: $501,478,000, to remain 
available for obligation until September 30, 1997, of which not less 
than $3,800,000 shall be made available for prelisting activities, 
$18,297,000 shall be made available for consultation activities, and 
$36,500,000 shall be made available for recovery activities, and

 (10)Page 10, line 1, after ``be'' insert: available until expended

 (11)Page 10, line 12, after ``1997'' insert: : Provided further, That 
no monies appropriated under this Act or any other law shall be used to 
implement subsections (a), (b), (c), (e), (g), or (i) of section 4 of 
the Endangered Species Act of 1973, (16 U.S.C. 1533) until such time as 
legislation reauthorizing the Act is enacted or until the end of fiscal 
year 1996, whichever is earlier, except that monies appropriated under 
this Act may be used to delist or reclassify species pursuant to 
subsections 4(a)(2)(B), 4(c)(2)(B)(i), and 4(c)(2)(B)(ii) of the Act

 (12)Page 10, line 18, strike out [$26,355,000] and insert: $38,775,000

 (13)Page 11, line 3, strike out [$6,019,000] and insert: $4,000,000

 (14)Page 11, line 18, strike out [$14,100,000] and insert: $32,031,000

 (15)Page 12, line 14, strike out [$4,500,000] and insert: $6,750,000

 (16)Page 13, line 5, strike out [$998,000] and insert: $800,000

 (17)Page 13, line 6, strike out all after ``pended'' down to and 
including ``Act'' in line 8

 (18)Page 13, line 12, strike out [54 passenger] and insert: 113

 (19)Page 13, line 12, strike out all after ``vehicles'' down to and 
including ``use'' in line 13

 (20)Page 14, line 12, after ``standards'' insert: : Provided further, 
That the United States Fish and Wildlife Service may accept donated 
aircraft as replacements for existing aircraft

 (21)Page 14, line 20, strike out all after ``103-551'' over to and 
including ``332'' in line 2 on page 15

 (22)Page 15, line 2, after ``332'' insert: : Provided further, That 
notwithstanding the Emergency Wetlands Resources Act of 1986 (16 U.S.C. 
3911), amounts collected from the sale of admissions permits and from 
fees collected at units of the Fish and Wildlife Service for fiscal 
year 1996 shall be available for use by the Fish and Wildlife Service 
pursuant to paragraph (c)(4) of section 315 of this Act

 (23)Page 15, line 2, after ``332'' insert: : Provided further, That 
with respect to lands leased for farming pursuant to Public Law 88-567, 
none of the funds in this Act may be used to develop, implement, or 
enforce regulations or policies (including pesticide use proposals) 
related to the use of chemicals and pest management that are more 
restrictive than the requirements of applicable State and Federal laws 
related to the use of chemicals and pest management practices on non-
Federal lands

 (24)Page 15, after line 2 insert:
                    Natural Resources Science Agency

                   research, inventories, and surveys

    For authorized expenses necessary for scientific research relating 
to species biology, population dynamics, and ecosystems; inventory and 
monitoring activities; technology development and transfer; the 
operation of Cooperative Research Units; for the purchase of not to 
exceed 61 passenger motor vehicles, of which 55 are for replacement 
only; and for the general administration of the National Resources 
Science Agency, $145,965,000, of which $145,915,000 shall remain 
available until September 30, 1997, and of which $50,000 shall remain 
available until expended for construction: Provided, That none of the 
funds under this head shall be used to conduct new surveys, including 
new aerial surveys, on private property unless specifically authorized 
in writing by the property owner: Provided further, That none of the 
funds provided herein for resource research may be used to administer a 
volunteer program when it is made known to the Federal official having 
authority to obligate or expend such funds that the volunteers are not 
properly trained or that information gathered by the volunteers is not 
carefully verified: Provided further, That no later than April 1, 1996, 
the Assistant Secretary for Water and Science shall issue agency 
guidelines for resource research that ensure that scientific and 
technical peer review is used as fully as possible in selection of 
projects for funding and ensure the validity and reliability of 
research and data collection on Federal lands: Provided further, That 
no funds available for resource research may be used for any activity 
that was not authorized prior to the establishment of the National 
Biological Survey: Provided further, That once every five years the 
National Academy of Sciences shall review and report on the resource 
research activities of the agency: Provided further, That if specific 
authorizing legislation is enacted during or before the start of fiscal 
year 1996, the agency should comply with the provisions of that 
legislation.

 (25)Page 15, line 16, strike out [$1,088,249,000] and insert: 
$1,092,265,000

 (26)Page 15, line 20, strike out all after ``100-203'' down to and 
including ``serve'' in line 23

 (27)Page 16, line 3, strike out [$35,725,000] and insert: $38,094,000

 (28)Page 16, line 4, strike out [$248,000] and insert: $236,000

 (29)Page 16, line 10, strike out [$37,934,000] and insert: $38,312,000

 (30)Page 16, line 16, strike out [$114,868,000] and insert: 
$116,480,000

 (31)Page 16, line 18, strike out [$6,000,000] and insert: $4,500,000

 (32)Page 16, line 21, after ``1989'' insert: : Provided further, That 
funds provided under this head, derived from the Historic Preservation 
Fund, established by the Historic Preservation Act of 1966 (80 Stat. 
915), as amended (16 U.S.C. 470), may be available until expended to 
render sites safe for visitors and for building stabilization

 (33)Page 17, line 7, strike out [$14,300,000] and insert: $45,187,000

 (34)Page 17, line 9, strike out all after ``expended'' down to and 
including ``103-219'' in line 11

 (35)Page 17, line 12, after ``program'' insert: : Provided, That funds 
appropriated herein for the purpose of acquisition of the Elwha and 
Glines dams shall be used solely for acquisition, and shall not be 
expended until the full purchase amount has been appropriated by the 
Congress

 (36)Page 17, line 24, after ``Island'' insert: until such agreement 
has been submitted to the Congress and shall not be implemented prior 
to the expiration of 30 calendar days (not including any day in which 
either House of Congress is not in session because of adjournment of 
more than three calendar days to a day certain) from the receipt by the 
Speaker of the House of Representatives and the President of the Senate 
of a full and comprehensive report on the development of the southern 
end of Ellis Island, including the facts and circumstances relied upon 
in support of the proposed project

 (37)Page 17, after line 24, insert:
    None of the funds in this Act may be spent by the National Park 
Service for a United Nations Biodiversity Initiative in the United 
States.

 (38)Page 17, after line 24, insert:
    Notwithstanding other provision of law, the National Park Service's 
American Battlefield Protection Program may enter into cooperative 
agreements, grants, contracts, or other generally accepted means of 
financial assistance with Federal, State, local, and tribal 
governments; other public entities; educational institutions; and 
private, non-profit organizations for the purpose of identifying, 
evaluating, and protecting historic battlefields and associated sites.

 (39)Page 17, after line 24, insert:
    The National Park Service shall, within existing funds, conduct a 
Feasibility Study for a northern access route into Denali National Park 
and preserve in Alaska, to be completed within one year of the 
enactment of this Act and submitted to the Senate Committee on Energy 
and Natural Resources and the House Committee on Resources. The 
Feasibility Study shall ensure that resource impacts from any plan to 
create such access route are evaluated with accurate information and 
according to a process that takes into consideration park values, 
visitor needs, a full range of alternatives, the viewpoints of all 
interested parties, including the tourism industry and the State of 
Alaska, and potential needs for compliance with the National 
Environmental Policy Act. The Study shall also address the time 
required for development of alternatives and identify all associated 
costs.
    This Feasibility Study shall be conducted solely by National Park 
Service planning personnel permanently assigned to National Park 
Service offices located in the State of Alaska in consultation with the 
State of Alaska Department of Transportation.

 (40)Page 17, after line 24, insert:
    Consistent with existing law and policy, the National Park Service 
shall, within the funds provided by this Act, at the request of the 
University of Alaska Fairbanks, enter into negotiations regarding a 
memorandum of understanding for the continued use of the Stampede Creek 
Mine property consistent with the length and terms of prior memoranda 
of understanding between the National Park Service and the University 
of Alaska Fairbanks: Provided, That within the funds provided, the 
National Park Service shall undertake an assessment of damage and 
provide the appropriate committees of the Senate and House of 
Representatives, no later than May 1, 1996, cost estimates for the 
reconstruction of those facilities and equipment which were damaged or 
destroyed as a result of the incident that occurred on April 30, 1987 
at Stampede Creek within the boundaries of Denali National Park and 
Preserve: Provided further, That the National Park Service shall work 
with the University of Alaska Fairbanks to winterize equipment and 
materials, located on the Stampede Creek mine property in Denali 
National Park, exposed to the environment as a result of the April 30, 
1987 incident.

 (41)Page 18, line 13, strike out [$686,944,000] and insert: 
$577,503,000

 (42)Page 18, line 15, strike out all after ``investigations'' down to 
and including ``1997'' in line 18

 (43)Page 18, line 22, strike out all after ``municipality'' over to 
and including ``1996'' in line 10 on page 20

 (44)Page 21, line 14, strike out [$186,556,000] and insert: 
$182,169,000

 (45)Page 21, line 16, strike out [$12,400,000] and insert: $15,400,000

 (46)Page 21, line 17, strike out [of] and insert: and Related 
Activities of the

 (47)Page 23, strike out all after line 13 down to and including 
``$87,000,000'' in line 15 and insert:
    For expenses necessary for conducting inquiries, technological 
investigations, and research concerning the extraction, processing, 
use, and disposal of mineral substances without objectionable social 
and environmental costs; to foster and encourage private enterprise in 
the development of mineral resources and the prevention of waste in the 
mining, minerals, metal, and mineral reclamation industries; to inquire 
into the economic conditions affecting those industries; to promote 
health and safety in mines and the mineral industry through research; 
and for other related purposes as authorized by law, $128,007,000, of 
which $111,192,000 shall remain available until expended: Provided, 
That none of the reduction below the fiscal year 1996 budget request 
shall be applied to the health and safety budget activity

 (48)Page 24, line 18, strike out [$92,751,000] and insert: $95,470,000

 (49)Page 25, line 16, strike out [$176,327,000] and insert: 
$170,441,000

 (50)Page 25, line 18, strike out all after ``expended'' down to and 
including ``Initiative'' in line 22

 (51)Page 26, line 5, strike out all after ``$11,000,000'' down to and 
including ``entities'' in line 12

 (52)Page 26, line 21, after ``debts'' insert: : Provided further, That 
funds made available to States under title IV of Public Law 95-87 may 
be used, at their discretion, for any required non-Federal share of the 
cost of projects funded by the Federal Government for the purpose of 
environmental restoration related to treatment or abatement of acid 
mine drainage from abandoned mines: Provided further, That such 
projects must be consistent with the purposes and priorities of the 
Surface Mining Control and Reclamation Act

 (53)Page 27, line 19, strike out [$1,508,777,000 (plus $851,000)] and 
insert: $1,261,234,000

 (54)Page 27, line 19, after ``which'' insert: $962,000 shall be used 
for the continued operation of the Indian Arts and Crafts Board and an 
amount

 (55)Page 27, line 20, strike out [$106,126,000] and insert: 
$104,626,000

 (56)Page 27, line 25, strike out [$5,000,000] and insert: up to 
$5,000,000

 (57)Page 28, line 6, strike out [$330,711,000] and insert: 
$330,991,000

 (58)Page 28, line 10, strike out [$67,138,000] and insert: $69,477,000

 (59)Page 28, line 12, strike out [Johnson O'Malley Act] and insert: 
Act of April 16, 1934 (48 Stat. 596), as amended (25 U.S.C. 452 et 
seq.),

 (60)Page 28, line 14, strike out [$74,814,000] and insert: $62,328,000

 (61)Page 28, line 15, strike out [trust funds management,]

 (62)Page 29, line 4, strike out all after ``grantee'' down to and 
including ``loss'' in line 11

 (63)Page 31, line 12, after ``area'' insert: : Provided further, That 
of the funds available only through September 30, 1995, not to exceed 
$8,000,000 in unobligated and unexpended balances in the Operation of 
Indian Programs account shall be merged with and made a part of the 
fiscal year 1996 Operation of Indian Programs appropriation, and shall 
remain available for obligation for employee severance, relocation, and 
related expenses, until March 31, 1996

 (64)Page 31, line 18, strike out [$98,033,000] and insert: 
$107,333,000

 (65)Page 33, line 9, strike out [$75,145,000] and insert: $82,745,000

 (66)Page 33, line 10, strike out [$73,100,000] and insert: $78,600,000

 (67)Page 33, line 20, strike out [$1,000,000] and insert: $3,100,000

 (68)Page 34, after line 6, insert:
               technical assistance of indian enterprises

    For payment of management and technical assistance requests 
associated with loans and grants approved under the Indian Financing 
Act of 1974, as amended, $900,000.

 (69)Page 34, after line 6, insert:
                 indian guaranteed loan program account

    For the cost of guaranteed loans $7,000,000, as authorized by the 
Indian Financing Act of 1974, as amended: Provided, That such costs, 
including the cost of modifying such loans, shall be as defined in 
section 502 of the Congressional Budget Act of 1974, as amended: 
Provided further, That these funds are available to subsidize total 
loan principal, any part of which is to be guaranteed, not to exceed 
$50,680,000.
    In addition, for administrative expenses necessary to carry out the 
guaranteed loan program, $700,000.

 (70)Page 34, strike out all after line 15 down to and including 
``research'' in line 17 and insert: $68,188,000, of which (1) 
$64,661,000 shall be available until expended for technical assistance, 
including maintenance assistance, disaster assistance, insular 
management controls, and brown tree snake control and research

 (71)Page 34, line 26, after ``272)'' insert: ; and (2) $3,527,000 
shall be available for salaries and expenses of the Office of Insular 
Affairs

 (72)Page 35, line 13, after ``funding'' insert: : Provided further, 
That of the amounts provided for technical assistance, sufficient 
funding shall be made available for a grant to the Close Up Foundation: 
Provided further, That the funds for the program of operations and 
maintenance improvement are appropriated to institutionalize routine 
operations and maintenance of capital infrastructure in American Samoa, 
Guam, the Virgin Islands, the Commonwealth of the Northern Mariana 
Islands, the Republic of Palau, the Republic of the Marshall Islands, 
and the Federated States of Micronesia through assessments of long-
range operations and maintenance needs, improved capability of local 
operations and maintenance institutions and agencies (including 
management and vocational education training), and project-specific 
maintenance (with territorial participation and cost sharing to be 
determined by the Secretary based on the individual territory's 
commitment to timely maintenance of its capital assets): Provided 
further, That any appropriation for disaster assistance under this head 
in this Act or previous appropriations Acts may be used as non-Federal 
matching funds for the purpose of hazard mitigation grants provided 
pursuant to section 404 of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5170c)

 (73)Page 35, line 23, strike out all after ``99-658'' down to and 
including ``99-239'' in line 25

 (74)Page 36, strike out line 8 and insert:
                        Departmental Management

 (75)Page 36, line 10, strike out [of the Office of the Secretary] and 
insert: for management of the Department

 (76)Page 36, line 11, strike out [$53,919,000] and insert: $57,796,000

 (77)Page 36, line 13, after ``expenses'' insert: : Provided, That none 
of the funds provided herein for official reception and representation 
expenses shall be available until the Charter for the Advisory 
Commission referred to in title 30 of Public Law 102-575 has been filed 
and the Members of such Commission appointed

 (78)Page 36, after line 21, insert:
                        Construction Management

                         salaries and expenses

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

 (79)Page 37, line 5, after ``$1,000,000'' insert: : Provided, That on 
October 1, 1995, the Chairman shall submit to the Secretary a report 
detailing those Indian tribes or tribal organizations with gaming 
operations that are in full compliance, partial compliance, or non-
compliance with the provisions of the Indian Gaming Regulatory Act (25 
U.S.C. 2701, et seq.): Provided further, That the information contained 
in the report shall be updated on a continuing basis

 (80)Page 37, after line 5, insert:
             Office of Special Trustee for American Indians

                         federal trust programs

    For operation of trust programs for Indians by direct expenditure, 
contracts, cooperative agreements, compacts, and grants, $16,338,000, 
of which $15,891,000 shall remain available until expended for trust 
funds management: Provided, That funds made available to tribes and 
tribal organizations through contracts or grants obligated during 
fiscal year 1996, as authorized by the Indian Self-Determination Act of 
1975 (88 Stat. 2203; 25 U.S.C. 450 et seq.), shall remain available 
until expended by the contractor or grantee: Provided further, That 
notwithstanding any other provision of law, the statute of limitations 
shall not commence to run on any claim, including any claim in 
litigation pending on the date of this Act, concerning losses to or 
mismanagement of trust funds, until the affected tribe or individual 
Indian has been furnished with the accounting of such funds from which 
the beneficiary can determine whether there has been a loss: Provided 
further, That obligated and unobligated balances provided for trust 
funds management within ``Operation of Indian programs,'' Bureau of 
Indian Affairs are hereby transferred to and merged with this 
appropriation.

 (81)Page 37, line 16, strike out [the ``Office of the Secretary''] and 
insert: ``Departmental Management''

 (82)Page 38, line 10, strike out [must,] and insert: must

 (83)Page 41, strike out lines 14 through 23

 (84)Page 41, strike out all after line 23, over to and including line 
3 on page 42

 (85)Page 42, strike out lines 4 and 5

 (86)Page 43, after line 12 insert:
    Sec. 115. (a) Of the funds appropriated by this Act or any 
subsequent Act providing for appropriations in fiscal years 1996 and 
1997, not more than 50 percent of any self-governance funds that would 
otherwise be allocated to each Indian tribe in the State of Washington 
shall actually be paid to or on account of such Indian tribe from and 
after the time at which such tribe shall--
            (1) take unilateral action that adversely impacts the 
        existing rights to and/or customary uses of, nontribal member 
        owners of fee simple land within the exterior boundary of the 
        tribe's reservation to water, electricity, or any other similar 
        utility or necessity for the nontribal members' residential use 
        of such land; or
            (2) restrict or threaten to restrict said owners use of or 
        access to publicly maintained rights of way necessary or 
        desirable in carrying the utilities or necessities described 
        above, or
            (3) fail to reach a mutual agreement that addresses the 
        concerns of affected parties within 90 days after the date of 
        enactment of this Act.
    (b) Such penalty shall not attach to the initiation of any legal 
actions with respect to such rights or the enforcement of any final 
judgments, appeals from which have been exhausted, with respect 
thereto.

 (87)Page 43, after line 12 insert:
    Sec. 116. Within 30 days after the enactment of this Act, the 
Department of the Interior shall issue a specific schedule for the 
completion of the Lake Cushman Land Exchange Act (Public Law 102-436) 
and shall complete the exchange not later than September 30, 1996.

 (88)Page 43, after line 12 insert:
    Sec. 117. Notwithstanding Public Law 90-544, as amended, the 
National Park Service is authorized to expend appropriated funds for 
maintenance and repair of the Company Creek Road in the Lake Chelan 
National Recreation Area: Provided, That appropriated funds shall not 
be expended for the purpose of improving the property of private 
individuals unless specifically authorized by law.

 (89)Page 43, after line 12 insert:
    Sec. 118. Insular Development.--

   Section 1. Territorial and Freely Associated State Infrastructure 
                               Assistance

    Section 4(b) of Public Law 94-241 (90 Stat. 263) as added by 
section 10 of Public Law 99-396 (99 Stat. 837, 841) is amended by 
deleting ``until Congress otherwise provides by law.'' and inserting in 
lieu thereof: ``except that, for fiscal years 1996 and thereafter, 
payments to the Commonwealth of the Northern Mariana Islands pursuant 
to the multi-year funding agreements contemplated under the Covenant 
shall be limited to the amounts set forth in the Agreement of the 
Special Representatives on Future Federal Financial Assistance of the 
Northern Mariana Islands, executed on December 17, 1992 between the 
special representative of the President of the United States and 
special representatives of the Governor of the Northern Mariana Islands 
and shall be subject to all the requirements of such Agreement with any 
additional amounts otherwise made available under this section in any 
fiscal year and not required to meet the schedule of payments set forth 
in the Agreement to be provided as set forth in subsection (c) until 
Congress otherwise provides by law.
    ``(c) The additional amounts referred to in subsection (b) shall be 
made available to the Secretary for obligation as follows:
            ``(1) for fiscal year 1996, all such amounts shall be 
        provided for capital infrastructure projects in American Samoa; 
        and
            ``(2) for fiscal years 1997 and thereafter, all such 
        amounts shall be available solely for capital infrastructure 
        projects in Guam, the Virgin Islands, American Samoa, the 
        Commonwealth of the Northern Mariana Islands, the Republic of 
        Palau, the Federated States of Micronesia and the Republic of 
        the Marshall Islands: Provided, That, in fiscal year 1997, 
        $3,000,000 of such amounts shall be made available to the 
        College of the Northern Marianas and beginning in fiscal year 
        1997, and in each year thereafter, not to exceed $3,000,000 may 
        be allocated, as provided in Appropriation Acts, to the 
        Secretary of the Interior for use by Federal agencies or the 
        Commonwealth of the Northern Mariana Islands to address 
        immigration, labor, and law enforcement issues in the Northern 
        Mariana Islands, including, but not limited to detention and 
        corrections needs. The specific projects to be funded shall be 
        set forth in a five-year plan for infrastructure assistance 
        developed by the Secretary of the Interior in consultation with 
        each of the island governments and updated annually and 
        submitted to the Congress concurrent with the budget 
        justifications for the Department of the Interior. In 
        developing and updating the five year plan for capital 
        infrastructure needs, the Secretary shall indicate the highest 
        priority projects, consider the extent to which particular 
        projects are part of an overall master plan, whether such 
        project has been reviewed by the Corps of Engineers and any 
        recommendations made as a result of such review, the extent to 
        which a set-aside for maintenance would enhance the life of the 
        project, the degree to which a local cost-share requirement 
        would be consistent with local economic and fiscal 
        capabilities, and may propose an incremental set-aside, not to 
        exceed $2,000,000 per year, to remain available without fiscal 
        year limitation, as an emergency fund in the event of natural 
        or other disasters to supplement other assistance in the 
        repair, replacement, or hardening of essential facilities: 
        Provided further, That the cumulative amount set aside for such 
        emergency fund may not exceed $10,000,000 at any time.
    ``(d) Within the amounts allocated for infrastructure pursuant to 
this section, and subject to the specific allocations made in 
subsection (c), additional contributions may be made, as set forth in 
Appropriation Acts, to assist in the resettlement of Rongelap Atoll: 
Provided, That the total of all contributions from any Federal source 
after January 1, 1996 may not exceed $32,000,000 and shall be 
contingent upon an agreement, satisfactory to the President, that such 
contributions are a full and final settlement of all obligations of the 
United States to assist in the resettlement of Rongelap Atoll and that 
such funds will be expended solely on resettlement activities and will 
be property audited and accounted for. In order to provide such 
contributions in a timely manner, each Federal agency providing 
assistance or services, or conducting activities, in the Republic of 
the Marshall Islands, is authorized to make funds available, through 
the Secretary of the Interior, to assist in the resettlement of 
Rongelap. Nothing in this subsection shall be construed to limit the 
provision of ex gratia assistance pursuant to section 105(c)(2) of the 
Compact of Free Association Act of 1985 (Public Law 99-239, 99 Stat. 
1770, 1792) including for individuals choosing not to resettle at 
Rongelap, except that no such assistance for such individuals may be 
provided until the Secretary notifies the Congress that the full amount 
of all funds necessary for resettlement at Rongelap has been 
provided.''.

                      Sec. 2. Federal Minimum Wage

    Effective thirty days after the date of enactment of this Act, the 
minimum wage provisions, including, but not limited to, the coverage 
and exemptions provisions, of section 6 of the Fair Labor Standards Act 
of June 25, 1938 (52 Stat. 1062), as amended, shall apply to the 
Commonwealth of the Northern Mariana Islands, except--
            (a) on the effective date, the minimum wage rate applicable 
        to the Commonwealth of the Northern Mariana Islands shall be 
        $2.75 per hour;
            (b) effective January 1, 1996, the minimum wage rate 
        applicable to the Commonwealth of the Northern Mariana Islands 
        shall be $3.05 per hour;
            (c) effective January 1, 1997 and every January 1 
        thereafter, the minimum wage rate shall be raised by thirty 
        cents per hour or the amount necessary to raise the minimum 
        wage rate to the wage rate set forth in section 6(a)(1) of the 
        Fair Labor Standards Act, whichever is less; and
            (d) once the minimum wage rate is equal to the wage rate 
        set forth in section 6(a)(1) of the Fair Labor Standards Act, 
        the minimum wage rate applicable to the Commonwealth of the 
        Northern Mariana Islands shall thereafter be the wage rate set 
        forth in section 6(a)(1) of the Fair Labor Standards Act.

                             Sec. 3. Report

    The Secretary of the Interior, in consultation with the Attorney 
General and Secretaries of Treasury, Labor, and State, shall report to 
the Congress by the March 15 following each fiscal year for which funds 
are allocated pursuant to section 4(c) of Public Law 94-241 for use by 
Federal agencies or the Commonwealth to address immigration, labor or 
law enforcement activities. The report shall include but not be limited 
to--
            (1) pertinent immigration information provided by the 
        Immigration and Naturalization Service, including the number of 
        non-United States citizen contract workers in the CNMI, based 
        on data the Immigration and Naturalization Service may require 
        of the Commonwealth of the Northern Mariana Islands on a 
        semiannual basis, or more often if deemed necessary by the 
        Immigration and Naturalization Service.
            (2) the treatment and conditions of non-United States 
        citizen contract workers, including foreign government 
        interference with workers' ability to assert their rights under 
        United States law.
            (3) the effect of laws of the Northern Mariana Islands on 
        Federal interests.
            (4) the adequacy of detention facilities in the Northern 
        Mariana Islands.
            (5) the accuracy and reliability of the computerized alien 
        identification and tracking system and its compatibility with 
        the system of the Immigration and Naturalization Service, and
            (6) the reasons why Federal agencies are unable or 
        unwilling to fully and effectively enforce Federal laws 
        applicable within the Commonwealth of the Northern Mariana 
        Islands unless such activities are funded by the Secretary of 
        the Interior.

                    Sec. 4. Immigration Cooperation

    The Commonwealth of the Northern Mariana Islands and the 
Immigration and Naturalization Service shall cooperate in the 
identification and, if necessary, exclusion or deportation from the 
Commonwealth of the Northern Mariana Islands of persons who represent 
security or law enforcement risks to the Commonwealth of the Northern 
Mariana Islands or the United States.

       Sec. 5. Clarification of Local Employment in the Marianas

    (a) Section 8103(i) of title 46 of the United States Code is 
amended by renumbering paragraph (3) as paragraph (4) and by adding a 
new paragraph (3) as follows:
    ``(3) Notwithstanding any other provision of this subsection, any 
alien allowed to be employed under the immigration laws of the 
Commonwealth of the Northern Mariana Islands (CNMI) may serve as an 
unlicensed seaman on a fishing, fish processing, or fish tender vessel 
that is operated exclusively from a port within the CNMI and within the 
navigable waters and exclusive economic zone of the United States 
surrounding the CNMI. Pursuant to 46 U.S.C. 8704, such persons are 
deemed to be employed in the United States and are considered to have 
the permission of the Attorney General of the United States to accept 
such employment: Provided, That paragraph (2) of this subsection shall 
not apply to persons allowed to be employed under this paragraph.''.
    (b) Section 8103(i)(1) of title 46 of the United States Code is 
amended by deleting ``paragraph (3) of this subsection'' and inserting 
in lieu thereof ``paragraph (4) of this subsection''.

     Sec. 6. Clarification of Ownership of Submerged Lands in the 
              Commonwealth of the Northern Mariana Islands

    Public Law 93-435 (88 Stat 1210), as amended, is further amended 
by--
            (a) striking ``Guam, the Virgin Islands'' in section 1 and 
        inserting in lieu thereof ``Guam, the Commonwealth of the 
        Northern Mariana Islands, the Virgin Islands'' each place the 
        words appear;
            (b) striking ``Guam, American Samoa'' in section 2 and 
        inserting in lieu thereof ``Guam, the Commonwealth of the 
        Northern Mariana Islands, American Samoa''; and
            (c) striking ``Guam, the Virgin Islands'' in section 2 and 
        inserting in lieu thereof ``Guam, the Commonwealth of the 
        Northern Mariana Islands, the Virgin Islands.''.
    With respect to the Commonwealth of the Northern Mariana Islands, 
references to ``the date of enactment of this Act'' or ``date of 
enactment of this subsection'' contained in Public Law 93-435, as 
amended, shall mean the date of enactment of this section.

               Sec. 7. Annual State of the Islands Report

    The Secretary of the Interior shall submit to the Congress, 
annually, a ``State of the Islands'' report on American Samoa, Guam, 
the United States Virgin Islands, the Commonwealth of the Northern 
Mariana Islands, the Republic of Palau, the Republic of the Marshall 
Islands, and the Federated States of Micronesia that includes basic 
economic development information, data on direct and indirect Federal 
assistance, local revenues and expenditures, employment and 
unemployment, the adequacy of essential infrastructure and maintenance 
thereof, and an assessment of local financial management and 
administrative capabilities, and Federal efforts to improve those 
capabilities.

                      Sec. 8. Technical correction

    Section 501 of Public Law 95-134 (91 Stat. 1159, 1164), as amended, 
is further amended by deleting ``the Trust Territory of the Pacific 
Islands,'' and inserting in lieu thereof ``the Republic of Palau, the 
Republic of the Marshall Islands, the Federated States of 
Micronesia,''.

 (90)Page 43, line 18, strike out [$182,000,000] and insert: 
$177,000,000

 (91)Page 44, line 1, strike out all after ``activities,'' down to and 
including ``law'' in line 2 and insert: $136,794,000, to remain 
available until expended, as authorized by law, of which not less than 
$16,100,000 shall be made available for cooperative lands fire 
management and not less than $7,500,000 shall be made available for the 
stewardship incentive program

 (92)Page 44, line 12, strike out [$1,266,688,000] and insert: 
$1,247,543,000

 (93)Page 45, strike out line 3 and insert:
                        wildland fire management

 (94)Page 45, line 9, strike out [$385,485,000] and insert: 
$381,485,000

 (95)Page 45, line 19, strike out [$120,000,000] and insert: 
$186,888,000

 (96)Page 46, line 4, after ``purchasers'' insert: : Provided further, 
That $2,500,000 of the funds appropriated herein shall be available for 
a grant to the ``Non-Profit Citizens for the Columbia Gorge Discovery 
Center'' for the construction of the Columbia Gorge Discovery Center: 
Provided further, That the Forest Service is authorized to grant the 
unobligated balance of funds appropriated in fiscal year 1995 for the 
construction of the Columbia Gorge Discovery Center to the ``Non-Profit 
Citizens for the Columbia Gorge Discovery Center'' to be used for the 
same purpose: Provided further, That the Forest Service is authorized 
to convey the land needed for the construction of the Columbia Gorge 
Discovery Center without cost to the ``Non-Profit Citizens for the 
Columbia Gorge Discovery Center''

 (97)Page 46, line 4, after ``purchasers'' insert: : Provided further, 
That notwithstanding any other provision of law, funds originally 
appropriated under this head in Public Law 101-512 for the Forest 
Service share of a new research facility at the University of Missouri, 
Columbia, shall be available for a grant to the University of Missouri, 
as the Federal share in the construction of the new facility: Provided 
further, That agreed upon lease of space in the new facility shall be 
provided to the Forest Service without charge for the life of the 
building

 (98)Page 46, line 11, strike out [$14,600,000] and insert: $41,167,000

 (99)Page 46, line 13, after ``expended'' insert: , of which $275,000 
may be made available from the cash equalization account for the 
acquisition of Mt. Jumbo in the Lolo National Forest, Montana

 (100)Page 46, line 13, after ``expended'' insert: : Provided, That of 
the amounts made available for acquisition management, $1,000,000 may 
be made available for the purchase of subsurface rights in the Kane 
Experiment Forest

 (101)Page 48, line 22, after ``Agriculture,'' insert: or to implement 
any reorganization, ``reinvention'' or other type of organizational 
restructuring of the Forest Service,

 (102)Page 48, line 24, after ``Forestry'' insert: and the Committee on 
Energy and Natural Resources

 (103)Page 49, line 1, after ``Agriculture'' insert: and the Committee 
on Resources

 (104)Page 49, after line 10, insert:
    The appropriation structure for the Forest Service may not be 
altered without advance approval of the House and Senate Committee on 
Appropriations.

 (105)Page 52, strike out all after line 20, over to and including line 
8 on page 53

 (106)Page 53, strike out lines 9 through 12

 (107)Page 53, after line 12, insert:
    None of the funds provided by this Act shall be used to revise or 
implement a new Tongass Land Management Plan (TLMP).

 (108)Page 53, after line 12, insert:
    None of the funds provided in this or any other appropriations Act 
may be used on the Tongass National Forest except in compliance with 
Alternative P, identified in the Tongass Land Management Plan Revision 
Supplement to the Draft Environmental Impact Statement dated August 
1991.

 (109)Page 53, after line 12, insert:
    None of the funds appropriated under this Act for the Forest 
Service shall be made available for the purpose of applying paint to 
rocks, or rock colorization: Provided, That notwithstanding any other 
provision of law, the Forest Service shall not require of any 
individual or entity, as part of any permitting process under its 
authority, or as a requirement of compliance with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4231 et seq.), the painting 
or colorization of rocks.

 (110)Page 53, line 21, strike out [$379,524,000] and insert: 
$376,181,000

 (111)Page 53, line 24, after ``gas'' insert: : Provided further, That 
any new project start funded under this heading shall be substantially 
cost-shared with a private entity to the extent determined appropriate 
by the Secretary of Energy

 (112)Page 54, line 14, strike out [$151,028,000] and insert: 
$136,028,000

 (113)Page 54, line 17, after ``1996'' insert: : Provided further, That 
section 501 of Public Law 101-45 is hereby repealed

 (114)Page 54, line 20, strike out [$556,371,000] and insert: 
$576,976,000

 (115)Page 55, line 2, strike out [$148,946,000] and insert: 
$168,946,000

 (116)Page 55, line 9, strike out [$110,946,000] and insert: 
$137,446,000

 (117)Page 55, line 10, strike out [$26,500,000] and insert: 
$31,500,000

 (118)Page 55, line 15, strike out [$6,297,000] and insert: $8,038,000

 (119)Page 56, line 22, strike out [$79,766,000] and insert: 
$64,766,000

 (120)Page 59, line 11, strike out [$1,725,792,000] and insert: 
$1,815,373,000

 (121)Page 59, line 25, strike out [$351,258,000] and insert: 
$350,564,000

 (122)Page 61, line 23, strike out [$236,975,000] and insert: 
$151,227,000

 (123)Page 65, line 8, strike out [$52,500,000] and insert: $54,660,000

 (124)Page 65, line 14, strike out [$21,345,000] and insert: 
$20,345,000

 (125)Page 67, line 6, strike out [$309,471,000] and insert: 
$307,988,000

 (126)Page 67, line 6, strike out [$32,000,000] and insert: $30,472,000

 (127)Page 67, line 25, strike out [$3,000,000] and insert: $3,250,000

 (128)Page 68, line 7, strike out [$24,954,000] and insert: $33,954,000

 (129)Page 68, line 15, strike out [$12,950,000] and insert: 
$27,700,000

 (130)Page 68, line 15, strike out all after ``expended'' down to and 
including ``52.232.18'' in line 22

 (131)Page 69, line 25, strike out [$51,315,000] and insert: 
$51,844,000

 (132)Page 70, line 7, strike out [$5,500,000] and insert: $7,385,000

 (133)Page 70, line 18, strike out [$9,800,000] and insert: $10,323,000

 (134)Page 70, line 18, after ``$9,800,000'' insert: : Provided, That 
40 U.S.C. 193n is hereby amended by striking the word ``and'' after the 
word ``Institution'' and inserting in lieu thereof a comma, and by 
inserting ``and the Trustees of the John F. Kennedy Center for the 
Performing Arts,'' after the word ``Art,''

 (135)Page 71, line 7, strike out [$5,140,100] and insert: $6,537,000

 (136)Page 71, line 14, strike out [$82,259,000] and insert: 
$88,765,000

 (137)Page 71, line 14, strike out all after ``$82,259,000'' down to 
and including ``tion,'' in line 16

 (138)Page 71, line 25, strike out [$17,235,000] and insert: 
$21,235,000

 (139)Page 71, line 25, strike out all after ``$17,235,000'' over to 
and including ``appropriation'' in line 1 on page 72

 (140)Page 72, line 16, strike out [$82,469,000] and insert: 
$94,000,000

 (141)Page 72, line 24, strike out [$17,025,000] and insert: 
$16,000,000

 (142)Page 72, line 25, strike out [$9,180,000] and insert: $10,000,000

 (143)Page 74, line 12, strike out [$3,063,000] and insert: $2,500,000

 (144)Page 75, line 1, strike out [$48,000] and insert: $147,000

 (145)Page 75, strike out lines 4 through 7

 (146)Page 75, after line 7, insert:
                           public development

    Funds made available under this heading in prior years shall be 
available for operating and administrative expenses of the Corporation.

 (147)Page 75, line 12, strike out [$28,707,000] and insert: 
$26,609,000

 (148)Page 75, line 13, strike out all after ``program'' down to and 
including ``program'' in line 14

 (149)Page 78, line 23, strike out [100-413] and insert: 103-413

 (150)Page 79, strike out lines 9 and 10 and insert:
    Sec. 312. None of funds appropriated or otherwise made available by 
this Act may be used for the AmeriCorps program, unless the relevant 
agencies of the Department of the Interior and/or Agriculture follow 
appropriate reprogramming guidelines: Provided, That if no funds are 
provided for the AmeriCorps program by the VA-HUD and Independent 
Agencies fiscal year 1996 appropriations bill, then none of the funds 
appropriated or otherwise made available by this Act may be used for 
the AmeriCorps programs

 (151)Page 79, strike out all after line 10, over to and including line 
24 on page 86

 (152)Page 87, strike out line 1 and all that follows, over to and 
including line 15 on page 89 and insert:
    Sec. 314. (a) Except as provided in subsection (b), no part of any 
appropriation contained in this Act or any other Act shall be obligated 
or expended for the operation or implementation of the Interior 
Columbia Basin Ecosystem Management Project (hereinafter ``Project'').
    (b) From the funds appropriated to the Forest Service and Bureau of 
Land Management, a sum of $4,000,000 is made available for the 
appropriate line officers assigned to the Walla Walla office and the 
Boise office of the Project to publish by April 30, 1996, an eastside 
final environmental impact statement, without a record of decision, for 
the Federal lands subject to the Project in Oregon and Washington and 
an Upper Columbia Basin final environmental impact statement, without a 
record of decision, for the Federal lands subject to the Project in 
Idaho and Montana and other affected States, respectively. Among other 
matters, the final environmental impact statements shall contain the 
scientific information collected and analysis undertaken by the Project 
on landscape dynamics and forest health conditions and the implications 
of such dynamics and conditions for forest management, including the 
management of forest vegetation structure, composition, and density.
    (c)(1) From the funds generally appropriated to the Forest Service 
and the Bureau of Land Management, the Secretary of Agriculture or the 
Secretary of the Interior as the case may be, shall--
            (A) review the resource management plan (hereinafter 
        ``plan'') for each national forest and unit of lands 
        administered by the Bureau of Land Management (hereinafter 
        ``forest'') within the area encompassed by the Project, the 
        analysis in the relevant final environmental impact statement 
        prepared pursuant to subsection (b) which is applicable to such 
        plan, and any policy which is applicable to such plan (whether 
        or not such policy is final or draft, or has been added to such 
        plan by amendment), which is or is intended to be of limited 
        duration, and which the Project addresses; and
            (B) based on such review, determine whether such policy 
        modified to meet the specific conditions of such forest, or an 
        alternative policy which serves the purpose of such policy, 
        should be adopted for such forest.
    (2) If the Secretary concerned makes a decision that such a 
modified or alternative policy should be adopted for such forest, the 
Secretary concerned shall prepare and adopt for the resource management 
plan for such forest an amendment which contains such policy, which is 
directed solely to and affects only such plan, and which addresses the 
specific conditions of the forest and the relationship of such policy 
to such conditions. The Secretary shall consult with the Governor of 
the State, and the Commissioner of the county or counties, in which the 
forest is situated prior to such decision and, if the decision is to 
prepare an amendment, during the preparation thereof.
    (3) To the maximum extent practicable, any amendment prepared 
pursuant to paragraph (2) shall establish procedures to develop site-
specific standards in lieu of imposing general standards applicable to 
multiple sites. Any amendment which would result in any change in land 
allocations within the land management plan or reduce the likelihood of 
achievement of the goals and objectives of the plan (prior to any 
previous amendment incorporating in the plan any policy referred to in 
paragraph (1)(A)) shall be deemed a significant plan amendment, or 
equivalent, pursuant to section 6(f)(4) of the Forest and Rangeland 
Renewable Resources Planning Act of 1974 (16 U.S.C. 1604(f)(4)) or 
section 202 of the Federal Land Policy and Management Act of 1976 (43 
U.S.C. 1712).
    (4)(A) Any amendment prepared pursuant to paragraph (2) which 
adopts a policy that is a modification of or alternative to a policy 
referred to in paragraph (1)(A) upon which consultation or conferencing 
has occurred pursuant to section 7 of the Endangered Species Act of 
1973 (16 U.S.C. 1536) shall not again be subject to the consultation or 
conferencing provisions of such section 7.
    (B) If required by such section 7, the Secretary concerned shall 
consult or conference separately on each amendment prepared pursuant to 
paragraph (2) which is not subject to subparagraph (A).
    (C) No further consultation other than the consultation specified 
in subparagraph (B) shall be undertaken on any amendments prepared 
pursuant to paragraph (2), on any project or activity which is 
consistent with an applicable amendment, on any policy referred to in 
paragraph (1)(A), or on any portion of any resource management plan 
related to such policy or the species to which such policy applies.
    (5) Any amendment prepared pursuant to paragraph (2) shall be 
adopted on or before July 31, 1996: Provided, That any amendment deemed 
a significant amendment pursuant to paragraph (3) shall be adopted on 
or before December 31, 1996.
    (6) No policy referred to in paragraph (1)(A), or any provision of 
a resource management plan or other planning document incorporating 
such policy, shall be effective on or after December 31, 1996, or after 
an amendment is promulgated subject to the provisions of this section, 
whichever occurs first.
    (7) On the signing of a record of decision or equivalent document 
making an amendment for the Clearwater National Forest pursuant to 
paragraph (2), the requirement for revision referred to in the 
Stipulation of Dismissal dated September 13, 1993, applicable to the 
Clearwater National Forest is deemed to be satisfied, and the interim 
management direction provisions contained in the Stipulation of 
Dismissal shall be of no further effect with respect to the Clearwater 
National Forest.
    (d) The documents prepared under the authority of this section 
shall not be applied or used to regulate non-Federal lands in the 
affected States.

 (153)Page 89, strike out all after line 15, over to and including line 
2 on page 93 and insert:
    Sec. 315. (a) The Secretary of the Interior (acting through the 
Bureau of Land Management, the National Park Service and the United 
States Fish and Wildlife Service) and the Secretary of Agriculture 
(acting through the Forest Service) shall each implement a fee program 
to demonstrate the feasibility of user-generated cost recovery for the 
operation and maintenance of recreation areas or sites and habitat 
enhancement projects on Federal lands.
    (b) In carrying out the pilot program established pursuant to this 
section, the appropriate Secretary shall select from areas under the 
jurisdiction of each of the four agencies referred to in subsection (a) 
no fewer than 10, but as many as 50, areas, sites or projects for fee 
demonstration. For each such demonstration, the Secretary, 
notwithstanding any other provision of law--
            (1) shall charge and collect fees for admission to the area 
        or for the use of outdoor recreation sites, facilities, visitor 
        centers, equipment, and services by individuals and groups, or 
        any combination thereof;
            (2) shall establish fees under this section based upon a 
        variety of cost recovery and fair market valuation methods to 
        provide a broad basis for feasibility testing;
            (3) may contract, including provisions for reasonable 
        commissions, with any public or private entity to provide 
        visitor services, including reservations and information, and 
        may accept services of volunteers to collect fees charged 
        pursuant to paragraph (1);
            (4) may encourage private investment and partnerships to 
        enhance the delivery of quality customer services and resource 
        enhancement, and provide appropriate recognition to such 
        partners or investors; and
            (5) may assess a fine of not more than $100 for any 
        violation of the authority to collect fees for admission to the 
        area or for the use of outdoor recreation sites, facilities, 
        visitor centers, equipment, and services.
    (c)(1) Amounts collected at each fee demonstration site shall be 
distributed as follows:
            (A) Of the amount in excess of 104 percent of the amount 
        collected in fiscal year 1995, and thereafter annually adjusted 
        upward by 4 percent, 80 percent to a special account in the 
        Treasury for use by the agency which administers the site, to 
        remain available for expenditures in accordance with paragraph 
        (3)(A).
            (B) Of the amount in excess of 104 percent of the amount 
        collected in fiscal year 1995, and thereafter annually adjusted 
        upward by 4 percent, 20 percent to a special account in the 
        Treasury for use by the agency which administers the site, to 
        remain available for expenditure in accordance with paragraph 
        (3)(B).
            (C) For agencies other than the Fish and Wildlife Service, 
        up to 15 percent of current year collections at each site, but 
        not greater than fee collection costs for that fiscal year, to 
        remain available for expenditure in accordance with paragraph 
        (3)(C).
            (D) For agencies other than the Fish and Wildlife Service, 
        the balance to the special account established pursuant to 
        subparagraph (A) of section 4(i)(1) of the Land and Water 
        Conservation Act as amended.
            (E) For the Fish and Wildlife Service, the balance shall be 
        distributed in accordance with the Fish and Wildlife Service 
        Administrative Provisions of this Act.
    (2) For purposes of the subsection, ``total collections'' for each 
site shall be defined as gross collections before any reduction for 
amounts attributable to collection costs.
    (3)(A) Expenditures from site specific special funds shall be for 
further activities of each site, and shall be accounted for separately. 
Expenditures for each site shall be in proportion to total collections 
from the demonstration sites administered by an agency.
    (B) Expenditures from agency specific special funds shall be for 
use on an agency-wide basis and shall be accounted for separately.
    (C) Expenditures from the fee collection support fund shall be used 
to cover fee collection costs in accordance with section 4(i)(1)(B) of 
the Land and Water Conservation Act as amended.
    (4) In order to increase the quality of the visitor experience at 
public recreational areas and enhance the protection of resources, 
amounts available for expenditure under paragraph (1) may only be used 
for the site or project concerned, for backlogged repair and 
maintenance projects (including projects relating to health and safety) 
and for interpretation, signage, habitat or facility enhancement, 
resource preservation, annual operation (including fee collection), 
maintenance, and law enforcement relating to public use. The agencywide 
accounts may be used for the same purposes set forth in the preceding 
sentence, but for sites or projects selected at the discretion of the 
respective agency head.
    (d)(1) Amounts collected under this section shall not be taken into 
account for the purposes of the Act of May 23, 1908 and the Act of 
March 1, 1911 (16 U.S.C. 500), the Act of March 4, 1913 (16 U.S.C. 
501), the Act of July 22, 1937 (7 U.S.C. 1012), the Act of August 8, 
1937 and the Act of May 24, 1939 (43 U.S.C. 1181f et seq.), the Act of 
June 14, 1926 (43 U.S.C. 869-4), chapter 69 of title 31, United States 
Code, section 401 of the Act of June 15, 1935 (16 U.S.C. 715s), the 
Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l), and any 
other provision of law relating to revenue allocation.
    (2) Fees charged pursuant to this section shall be in lieu of fees 
charged under any other provision of law.
    (e) The Secretary of the Interior and the Secretary of Agriculture 
shall carry out this section without promulgating regulations.
    (f) The authority to collect fees under this section shall commence 
on October 1, 1995, and end on September 30, 1998. Funds in accounts 
established shall remain available through September 30, 2001.
    (g)(1) It is the policy of the Congress that entrance, tourism, and 
recreational use fees for the use of Federal lands and facilities not 
discriminate against any State or any region of the country.
    (2) Not later than October 1, 1996, the Secretary of the Interior, 
in cooperation with the heads of other affected agencies shall prepare 
and submit to the Senate and House Appropriations Committees a report 
that--
            (A) identifies all Federal lands and facilities that 
        provide tourism or recreational use; and
            (B) analyzes by State and region any fees charged for 
        entrance to or for tourism or recreational use of Federal lands 
        and facilities in a State or region, individually and 
        collectively.
    (3) Not later than October 1, 1997, the Secretary of the Interior, 
in cooperation with the heads of other affected agencies, shall prepare 
and submit to the Senate and House Appropriations Committees any 
recommendations that the Secretary may have for implementing the policy 
stated in subsection (1).

 (154)Page 93, strike out lines 3 through 12

 (155)Page 93, strike out lines 20 through 22

 (156)Page 93, strike out all after line 22, over to and including line 
6 on page 94

 (157)Page 94, strike out lines 7 through 22 and insert:
    Sec. 320. None of the funds made available in this Act shall be 
used by the Department of Energy in implementing the Codes and 
Standards Program to propose, issue, or prescribe any new or amended 
standard: Provided, That this section shall expire on September 30, 
1996: Provided further, That nothing in this section shall preclude the 
Federal Government from promulgating rules concerning energy efficiency 
standards for the construction of new federally-owned commercial and 
residential buildings.

 (158)Page 95, strike out lines 5 through 10 and insert:
    Sec. 322. (a) Fair Market Value for Mineral Patents.--Except as 
provided in subsection (c), any patent issued by the United States 
under the general mining laws after the date of enactment of this Act 
shall be issued only upon payment by the owner of the claim of the fair 
market value for the interest in the land owned by the United States 
exclusive of and without regard to the mineral deposits in the land or 
the use of the land. For the purposes of this section, ``general mining 
laws'' means those Acts which generally comprise chapters 2, 11, 12, 
12A, 15, and 16, and sections 161 and 162, of title 30 of the United 
States Code, all Acts heretofore enacted which are amendatory of or 
supplementary to any of the foregoing Acts, and the judicial and 
administrative decisions interpreting such Acts.
    (b) Right of Reentry.--
            (1) In general.--Except as provided in subsection (c), and 
        notwithstanding any other provision of law, a patent issued 
        under subsection (a) shall be subject to a right of reentry by 
        the United States if it is used by the patentee for any purpose 
        other than for conducting mineral activities in good faith and 
        such unauthorized use is not discontinued as provided in 
        subsection (b)(2). For the purpose of this section, the term 
        ``mineral activities'' means any activity related to, or 
        incidental to, exploration for or development, mining, 
        production, beneficiation, or processing of any locatable 
        mineral or mineral that would be locatable if it were on 
        Federal land, or reclamation of the impacts of such activities.
            (2) Notice by the secretary.--If the patented estate is 
        used by the patentee for any purpose other than for conducting 
        mineral activities in good faith, the Secretary of the Interior 
        shall serve on all owners of interests in such patented estate, 
        in the manner prescribed for service of a summons and complaint 
        under the Federal Rules of Civil Procedure, notice specifying 
        such unauthorized use and providing not more than 90 days in 
        which such unauthorized use must be terminated. The giving of 
        such notice shall constitute final agency action appealable by 
        any owner of an interest in such patented estate. The Secretary 
        may exercise the right of reentry as provided in subsection 
        (b)(3) if such unauthorized use has not been terminated in the 
        time provided in this paragraph, and only after all appeal 
        rights have expired and any appeals of such notice have been 
        finally determined.
            (3) Right of reentry.--The Secretary may exercise the right 
        of the United States to reenter such patented estate by filing 
        a declaration of reentry in the office of the Bureau of Land 
        Management designated by the Secretary and recording such 
        declaration where the notice or certificate of location for the 
        patented claim or site is recorded under State law. Upon the 
        filing and recording of such declaration, all right, title and 
        interest in such patented estate shall revert to the United 
        States. Lands and interests in lands for which the United 
        States exercises its right of reentry under this section shall 
        remain open to the location of mining claims and mill sites, 
        unless withdrawn under other applicable law.
    (c) Patents Excepted from Requirements.--The requirements of 
subsections (a) and (b) of this section shall not apply to the issuance 
of those patents whose applications were excepted under section 113 of 
Pub. L. No. 103-322, 108 Stat. 2499, 2519 (1994), from the prohibition 
on funding contained in section 112 of that Act. Such patents shall be 
issued under the general mining laws in effect prior to the date of 
enactment of this Act.
    (d) Processing of Pending Patent Applications.--
            (1) Processing schedule.--For those applications for patent 
        under the general mining laws which are pending at the date of 
        enactment of this Act, or any amendments to or resubmittals of 
        such patent applications, the Secretary of the Interior shall--
                    (A) Within three months of the enactment of this 
                Act, file with the House and Senate Committees on 
                Appropriations and the Committee on Resources of the 
                House of Representatives and the Committee on Energy 
                and Natural Resources of the United States Senate a 
                plan which details how the Department of the Interior 
                will take final action on all such applications within 
                two years of the enactment of this Act and file reports 
                annually thereafter with the same committees detailing 
                actions taken by the Department of the Interior to 
                carry out such plan; and
                    (B) Take such actions as may be necessary to carry 
                out such plan.
            (2) Mineral examinations.--Upon the request of a patent 
        applicant, the Secretary of the Interior shall allow the 
        applicant to fund the retention by the Bureau of Land 
        Management of a qualified third-party contractor to conduct a 
        mineral examination of the mining claims or mill sites 
        contained in a patent application. All such third-party mineral 
        examinations shall be conducted in accordance with standard 
        procedures and criteria followed by the Bureau of Land 
        Management, and the retention and compensation of such third-
        party contractors shall be conducted in accordance with 
        procedures employed by the Bureau of Land Management in the 
        retention of third-party contractors for the preparation of 
        environmental analyses under the National Environmental Policy 
        Act (42 U.S.C. Sec. Sec. 4321-4370d) to the maximum extent 
        practicable.

 (159)Page 95, after line 14, insert:
    Sec. 324. No part of any appropriation contained in this Act or any 
other Act shall be expended or obligated to fund the activities of the 
Office of Forestry and Economic Development after December 31, 1995.

 (160)Page 95, after line 14, insert:
    Sec. 325. No part of any appropriation contained in this Act or any 
other Act shall be expended or obligated to: (a) redefine the 
definition of an area in which a marbled murrelet is ``known to be 
nesting''; or (b) to modify the protocol for surveying for marbled 
murrelets in effect on July 21, 1995.

 (161)Page 95, after line 14, insert:
    Sec. 326. (a) Land Exchange.--The Secretary of the Interior 
(hereinafter referred to as the ``Secretary'') is authorized to convey 
to the Boise Cascade Corporation (hereinafter referred to as the 
``Corporation''), a corporation formed under the statutes of the State 
of Delaware, with its principal place of business at Boise, Idaho, 
title to approximately seven acres of land, more or less, located in 
sections 14 and 23, township 36 north, range 37 east, Willamette 
Meridian, Stevens County, Washington, further identified in the records 
of the Bureau of Reclamation, Department of the Interior, as Tract No. 
GC-19860, and to accept from the Corporation in exchange therefor, 
title to approximately one hundred and thirty-six acres of land located 
in section 19, township 37 north, range 38 east and section 33, 
township 38 north, range 37 east, Willamette Meridian, Stevens County, 
Washington, and further identified in the records of the Bureau of 
Reclamation, Department of the Interior, as Tract No. GC-19858 and 
Tract No. GC-19859, respectively.
    (b) Appraisal.--The properties so exchanged either shall be 
approximately equal in fair market value or if they are not 
approximately equal, shall be equalized by the payment of cash to the 
Corporation or to the Secretary as required or in the event the value 
of the Corporation's lands is greater, the acreage may be reduced so 
that the fair market value is approximately equal: Provided, That the 
Secretary shall order appraisals made of the fair market value of each 
tract of land included in the exchange without consideration for 
improvements thereon: Provided further, That any cash payment received 
by the Secretary shall be covered in the Reclamation Fund and credited 
to the Columbia Basin project.
    (c) Administrative Costs.--Costs of conducting the necessary land 
surveys, preparing the legal descriptions of the lands to be conveyed, 
performing the appraisals, and administrative costs incurred in 
completing the exchange shall be borne by the Corporation.
    (d) Liability for Hazardous Substances.--(1) The Secretary shall 
not acquire any lands under this Act if the Secretary determines that 
such lands, or any portion thereof, have become contaminated with 
hazardous substances (as defined in the Comprehensive Environmental 
Response, Compensation, and Liability Act (42 U.S.C. 9601)).
    (2) Notwithstanding any other provision of law, the United States 
shall have no responsibility or liability with respect to any hazardous 
wastes or other substances placed on any of the lands covered by this 
Act after their transfer to the ownership of any party, but nothing in 
this Act shall be construed as either diminishing or increasing any 
responsibility or liability of the United States based on the condition 
of such lands on the date of their transfer to the ownership of another 
party. The Corporation shall indemnify the United States for 
liabilities arising under the Comprehensive Environmental Response, 
Compensation, and Liability Act (42 U.S.C. 9601), and the Resource 
Conservation Recovery Act (42 U.S.C. 6901 et seq.).
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out the purposes of 
this Act.

 (162)Page 95, after line 14, insert:
    Sec. 327. Timber Sales Pipeline Restoration Funds.--(a) The 
Secretary of Agriculture and the Secretary of the Interior shall each 
establish a Timber Sales Pipeline Restoration Fund (hereinafter 
``Agriculture Fund'' and ``Interior Fund'' or ``Funds''). Any revenues 
received from sales released under section 2001(k) of the Fiscal Year 
1995 Supplemental Appropriations for Disaster Assistance and 
Rescissions Act, minus the funds necessary to make payments to States 
or local governments under other law concerning the distribution of 
revenues derived from the affected lands, which are in excess of 
$37,500,000 (hereinafter ``excess revenues'') shall be deposited into 
the Funds. The distribution of excess revenues between the Agriculture 
Fund and Interior Fund shall be calculated by multiplying the total of 
excess revenues times a fraction with a denominator of the total 
revenues received from all sales released under such section 2001(k) 
and numerators of the total revenues received from such sales on lands 
within the National Forest System and the total revenues received from 
such sales on lands administered by the Bureau of Land Management, 
respectively: Provided, That revenues or portions thereof from sales 
released under such section 2001(k), minus the amounts necessary for 
State and local government payments and other necessary deposits, may 
be deposited into the Funds immediately upon receipt thereof and 
subsequently redistributed between the Funds or paid into the United 
States Treasury as miscellaneous receipts as may be required when the 
calculation of excess revenues is made.
    (b)(1) From the funds deposited into the Agriculture Fund and into 
the Interior Fund pursuant to subsection (a)--
            (A) seventy-five percent shall be available, without fiscal 
        year limitation or further appropriation, for preparation of 
        timber sales, other than salvage sales as defined in section 
        2001(a)(3) of the fiscal year 1995 Supplemental Appropriations 
        for Disaster Assistance and Rescissions Act, which--
                    (i) are situated on lands within the National 
                Forest System and lands administered by the Bureau of 
                Land Management, respectively; and
                    (ii) are in addition to timber sales for which 
                funds are otherwise available in this Act or other 
                appropriations acts.
            (B) twenty-five percent shall be available, without fiscal 
        year limitation or further appropriation, to expend on the 
        backlog of recreation projects on lands within the National 
        Forest System and lands administered by the Bureau of Land 
        Management, respectively.
    (2) Expenditures under this subsection for preparation of timber 
sales may include expenditures for Forest Service activities within the 
forest land management budget line item and associated timber roads, 
and Bureau of Land Management activities within the Oregon and 
California grant lands account and the forestry management area 
account, as determined by the Secretary concerned.
    (c) Revenues received from any timber sale prepared under 
subsection (b) or under this subsection, minus the amounts necessary 
for State and local government payments and other necessary deposits, 
shall be deposited into the Fund from which funds were expended on such 
sale. Such deposited revenues shall be available for preparation of 
additional timber sales and completion of additional recreation 
projects in accordance with the requirements set forth in subsection 
(b).
    (d) The Secretary concerned shall terminate all payments into the 
Agriculture Fund or the Interior Fund, and pay any unobligated funds in 
the affected Fund into the United States Treasury as miscellaneous 
receipts, whenever the Secretary concerned makes a finding, published 
in the Federal Register, that sales sufficient to achieve the total 
allowable sales quantity of the national forest system for the Forest 
Service or the allowable sales level for the Oregon and California 
grant lands for the Bureau of Land Management, respectively, have been 
prepared.
    (e) Any timber sales prepared and recreation projects completed 
under this section shall comply with all applicable environmental and 
natural resource laws and regulations.
    (f) The Secretary concerned shall report annually to the Committees 
on Appropriations of the U.S. Senate and the House of Representatives 
on expenditures made from the Fund for timber sales and recreation 
projects, revenues received into the Fund from timber sales, and timber 
sale preparation and recreation project work undertaken during the 
previous year and projected for the next year under the Fund. Such 
information shall be provided for each Forest Service region and Bureau 
of Land Management State office.
    (g) The authority of this section shall terminate upon the 
termination of both Funds in accordance with the provisions of 
subsection (d).

 (163)Page 95, after line 14, insert:
    Sec. 328. Notwithstanding any other provision of law, none of the 
funds provided in this or any other act shall be available for travel 
and training expenses for the Bureau of Indian Affairs or the Office of 
Indian Education for education conferences or training activities.

 (164)Page 95, after line 14, insert:
    Sec. 329. Of the funds provided to the National Endowment for the 
Arts:
            (a) The Chairperson shall only award a grant to an 
        individual if such grant is awarded to such individual for a 
        literature fellowship, National Heritage Fellowship, or 
        American Jazz Masters Fellowship.
            (b) The Chairperson shall establish procedures to ensure 
        that no funding provided through a grant, except a grant made 
        to a State or regional group, may be used to make a grant to 
        any other organization or individual to conduct activity 
        independent of the direct grant recipient. Nothing in this 
        subsection shall prohibit payments made in exchange for goods 
        and services.
            (c) No grant shall be used for seasonal support to a group, 
        unless the application is specific to the contents of the 
        season, including identified programs and/or projects.

 (165)Page 95, after line 14, insert:
SEC. 330. DELAY IN IMPLEMENTATION OF THE ADMINISTRATION'S RANGELAND 
              REFORM PROGRAM.

    None of the funds made available under this or any other Act may be 
used to implement or enforce the final rule published by the Secretary 
of the Interior on February 22, 1995 (60 Fed. Reg. 9894), making 
amendments to parts 4, 1780, and 4100 of title 43, Code of Federal 
Regulations, to take effect August 21, 1995, until November 21, 1995. 
None of the funds made available under this or any other Act may be 
used to publish proposed or enforce final regulations governing the 
management of livestock grazing on lands administered by the Forest 
Service until November 21, 1995.

 (166)Page 95, after line 14, insert:
    Sec. 331. (a)(1) The head of each agency referred to in paragraph 
(2) shall submit to the President each year, through the head of the 
department having jurisdiction over the agency, a land acquisition 
ranking for the agency concerned for the fiscal year beginning after 
the date of the submittal of the report.
    (2) The heads of agencies referred to in paragraph (1) are the 
following:
            (A) The Director of the National Park Service in the case 
        of the National Park Service.
            (B) The Director of the Fish and Wildlife Service in the 
        case of the Fish and Wildlife Service.
            (C) The Director of the Bureau of Land Management in the 
        case of the Bureau of Land Management.
            (D) The Chief of the Forest Service in the case of the 
        Forest Service.
    (3) In this section, the term ``land acquisition ranking'', in the 
case of a Federal agency, means a statement of the order of precedence 
of the land acquisition proposals of the agency, including a statement 
of the order of precedence of such proposals for each organizational 
unit of the agency.
    (b) The President shall include the land acquisition rankings for a 
fiscal year that are submitted to the President under subsection (a)(1) 
in the supporting information submitted to Congress with the budget for 
that fiscal year under section 1105 of title 31, United States Code.
    (c)(1) The head of the agency concerned shall determine the order 
of precedence of land acquisitions proposals under subsection (a)(1) in 
accordance with criteria that the Secretary of the Department having 
jurisdiction over the agency shall prescribe.
    (2) The criteria prescribed under paragraph (1) shall provide for a 
determination of the order of precedence of land acquisition proposals 
through consideration of--
            (A) the natural resources located on the land covered by 
        the acquisition proposals;
            (B) the degree to which such resources are threatened;
            (C) the length of time required for the acquisition of the 
        land;
            (D) the extend, if any, to which an increase in the cost of 
        the land covered by the proposals makes timely completion of 
        the acquisition advisable;
            (E) the extent of public support for the acquisition of the 
        land; and
            (F) such other matters as the Secretary concerned shall 
        prescribe.

 (167)Page 95, after line 14, insert:
    Sec. 332. Section 1864 of title 18, United States Code, is 
amended--
            (1) in subsection (b)--
                    (A) in paragraph (2), by striking ``twenty'' and 
                inserting ``40'';
                    (B) in paragraph (3), by striking ``ten'' and 
                inserting ``20'';
                    (C) in paragraph (4), by striking ``if damage 
                exceeding $10,000 to the property of any individual 
                results,'' and inserting ``if damage to the property of 
                any individual results or if avoidance costs have been 
                incurred exceeding $10,000, in the aggregate,''; and
                    (D) in paragraph (4), by striking ``ten'' and 
                inserting ``20'';
            (2) in subsection (c) by striking ``ten'' and inserting 
        ``20'';
            (3) in subsection (d), by--
                    (A) striking ``and'' at the end of paragraph (2);
                    (B) striking the period at the end of paragraph (3) 
                and inserting ``; and''; and
                    (C) adding at the end the following:
            ``(4) the term `avoidance costs' means costs incurred by 
        any individual for the purpose of--
                    ``(A) detecting a hazardous or injurious device; or
                    ``(B) preventing death, serious bodily injury, 
                bodily injury, or property damage likely to result from 
                the use of a hazardous or injurious device in violation 
                of subsection (a).''; and
            (4) by adding at the end thereof the following:
    ``(e) Any person injured as the result of a violation of subsection 
(a) may commence a civil action on his own behalf against any person 
who is alleged to be in violation of subsection (a). The district 
courts shall have jurisdiction, without regard to the amount in 
controversy or the citizenship of the parties, in such civil actions. 
The court may award, in addition to monetary damages for any injury 
resulting form an alleged violation of subsection (a), costs of 
litigation, including reasonable attorney and expert witness fees, to 
any prevailing or substantially prevailing party, whenever the court 
determines such award is appropriate.''.

 (168)Page 95, after line 14, insert:
    Sec. 333. Notwithstanding any other provision of law, none of the 
funds authorized to be appropriated pursuant to this Act may be used to 
promote, disseminate, sponsor or produce materials or performances 
which denigrate the objects or beliefs of the adherents of a particular 
religion.

 (169)Page 95, after line 14, insert:
    Sec. 334. Notwithstanding any other provision of law, none of the 
funds made available to the National Endowment for the Arts under this 
Act may be used to promote, disseminate, sponsor, or produce materials 
or performances that depict or describe, in a patently offensive way, 
sexual or excretory activities or organs.

 (170)Page 95, after line 14, insert:
Sec. 335. Public Law 94-158 is modified to extend the scope of the Arts 
and Artifacts Indemnity Act to include exhibitions originating in the 
United States and touring the United States for indemnification subject 
to the availability of funds.

 (171)Page 95, after line 14, insert:
SEC. 336. ENERGY SAVINGS AT FEDERAL FACILITIES.

    (a) Reduction in Facilities Energy Costs.--The head of each agency 
for which funds are made available under this Act shall take all 
actions necessary to achieve during fiscal year 1996 a 5 percent 
reduction, from fiscal year 1995 levels, in the energy costs of the 
facilities used by the agency.
    (b) Use of Cost Savings.--An amount equal to the amount of cost 
savings realized by an agency under subsection (a) shall remain 
available for obligation through the end of fiscal year 1997, without 
further authorization or appropriation, as follows:
            (1) Conservation measures.--Fifty percent of the amount 
        shall remain available for the implementation of additional 
        energy conservation measures and for water conservation 
        measures at such facilities used by the agency as are 
        designated by the head of the agency.
            (2) Other purposes.--Fifty percent of the amount shall 
        remain available for use by the agency for such purposes as are 
        designated by the head of the agency, consistent with 
        applicable law.
    (c) Report.--
            (1) In general.--Not later than December 31, 1996, the head 
        of each agency described in subsection (a) shall submit a 
        report to Congress specifying the results of the actions taken 
        under subsection (a) and providing any recommendations 
        concerning how to further reduce energy costs and energy 
        consumption in the future.
            (2) Contents.--Each report shall--
                    (A) specify the total energy costs of the 
                facilities used by the agency;
                    (B) identify the reductions achieved; and
                    (C) specify the actions that resulted in the 
                reductions.

 (172)Page 95, after line 14, insert:
SEC. 337. DISTRIBUTION OF INDIAN HEALTH SERVICE PROFESSIONALS.

    (a) In General.--To ensure that the Secretary of Health and Human 
Services (hereafter in this section referred to as the ``Secretary''), 
acting through the Indian Health Service, is making efforts to meet the 
health care needs of Indian tribes (as defined in section 4(e) of the 
Indian Self-Determination and Education Assistance Act (25 U.S.C. 
450b(e)) in an equitable manner, the Secretary shall, not later than 
April 30, 1996, submit to the Congress a report that meets the 
requirements of subsection (b).
    (b) Contents of Report.--The report prepared by the Secretary under 
this section shall--
            (1) contain a comparative analysis of the Indian Health 
        Service staffing that includes comparisons of health care 
        facilities (including clinics) and service units (as defined in 
        section 4(j) of the Indian Health Care Improvement Act (25 
        U.S.C. 1603(j));
            (2) for each health care facility of the Indian Health 
        Service (as determined by the Secretary), determine, for each 
        health profession (as defined in section 4(n) of the Indian 
        Health Care Improvement Act (25 U.S.C. 1603(n)), the ratio of--
                    (A) the number of members of that health profession 
                that provide health services in that facility; to
                    (B) the number of patients served by the members of 
                that health profession in that facility;
            (3) provide a comparative nationwide analysis of health 
        care facilities of the Indian Health Service based on the 
        ratios determined under paragraph (2) in order to ascertain 
        whether each service area (as defined in section 4(m) of the 
        Indian Health Care Improvement Act (25 U.S.C. 1603(m) is 
        providing an equitable level of health services; and
            (4) provide an analysis of--
                    (A) the overall levels of staffing of all types of 
                health professions, support staff, and administrative 
                staff at facilities referred to in paragraph (3); and
                    (B) the distribution of the staffing referred to in 
                subparagraph (A) by service unit.

 (173)Page 95, after line 14, insert:
SEC. 338. HIV-AIDS PREVENTION AND TREATMENT PLAN.

    (a) Report.--Not later than March 1, 1996, the Secretary of Health 
and Human Services (hereafter in this section referred to as the 
``Secretary''), acting through the Indian Health Service and in 
consultation with Indian tribes (as defined in section 4(d) of the 
Indian Health Care Improvement Act (25 U.S.C. 1603(d)), shall prepare 
and submit to the Congress a report that evaluates--
            (1) the incidences of HIV and AIDS among Indian tribes;
            (2) the services provided under title XXVI of the Public 
        Health Service Act to members of Indian tribes living with HIV 
        and AIDS;
            (3) the unmet needs, including preventive educational 
        needs, of members of Indian tribes living with HIV and AIDS who 
        use the Indian Health Service for their primary health care;
            (4) the internal capacity of each service unit of the 
        Indian Health Service to meet the existing need; and
            (5) the resources, including education, needed to meet 
        existing and projected need.
    (b) Service Plan.--The Secretary, acting through the Indian Health 
Service and in consultation with Indian tribes, shall develop and 
implement a plan of action for meeting the existing and projected 
needs, which based on the evaluation conducted pursuant to subsection 
(a), are determined to be unmet.
            Attest:

                                                             Secretary.
104th CONGRESS

  1st Session

                               H. R. 1977

_______________________________________________________________________

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