IB

Union Calendar No. 84

104TH CONGRESS

1ST SESSION H. R. 1977

[Report No. 104–173]

Making appropriations for the Department of the Interior and related agencies

for the fiscal year ending September 30, 1996, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JUNE 30, 1995

Mr. REGULA, from the Committee on Appropriations, reported the following

bill; which was committed to the Committee of the Whole House on the

State of the Union and ordered to be printed

A BILL

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, to remain

12 available until expended, of which not more than $599,999

13 shall be available to the Needles Resources Area for the

14 management of the East Mojave National Scenic Area, as

15 defined by the Bureau of Land Management prior to Octo16 ber 1, 1994, in the California Desert District of the Bu17 reau of Land Management, and of which $4,000,000 shall

18 be derived from the special receipt account established by

19 section 4 of the Land and Water Conservation Fund Act

20 of 1965, as amended (16 U.S.C. 460l–6a(i)): Provided,

21 That appropriations herein made shall not be available for

22 the destruction of healthy, unadopted, wild horses and

23 burros in the care of the Bureau or its contractors; and

24 in addition, $27,650,000 for Mining Law Administration

25 program operations, to remain available until expended,
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1 to be reduced by amounts collected by the Bureau of Land

2 Management and credited to this appropriation from an3 nual mining claim fees so as to result in a final appropria4 tion estimated at not more than $570,017,000: Provided

5 further, That in addition to funds otherwise available, and

6 to remain available until expended, not to exceed

7 $5,000,000 from annual mining claim fees shall be cred8 ited to this account for the costs of administering the min9 ing claim fee program, and $2,000,000 from communica10 tion site rental fees established by the Bureau.

11 WILDLAND FIRE MANAGEMENT

12 For necessary expenses for fire use and management,

13 fire preparedness, emergency presuppression, suppression

14 operations, emergency rehabilitation, and renovation or

15 construction of fire facilities in the Department of the In16 terior, $235,924,000, to remain available until expended,

17 of which not to exceed $5,025,000, shall be available for

18 the renovation or construction of fire facilities: Provided,

19 That notwithstanding any other provision of law, persons

20 hired pursuant to 43 U.S.C. 1469 may be furnished sub21 sistence and lodging without cost from funds available

22 from this appropriation: Provided further, That such funds

23 are also available for repayment of advances to other ap24 propriation accounts from which funds were previously

25 transferred for such purposes: Provided further, That un26 obligated balances of amounts previously appropriated to
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1 the Fire Protection and Emergency Department of the In2 terior Firefighting Fund may be transferred or merged

3 with this appropriation.

4 CENTRAL HAZARDOUS MATERIALS FUND

5 For expenses necessary for use by the Department

6 of the Interior and any of its component offices and bu7 reaus for the remedial action, including associated activi8 ties, of hazardous waste substances, pollutants, or con9 taminants pursuant to the Comprehensive Environmental

10 Response, Compensation and Liability Act, as amended

11 (42 U.S.C. 9601 et seq.), $10,000,000, to remain available

12 until expended: Provided, That, notwithstanding 31

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

14 advance of or as reimbursement for remedial action or re15 sponse activities conducted by the Department pursuant

16 to sections 107 or 113(f) of the Comprehensive Environ17 mental Response, Compensation and Liability Act, as

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

19 to this account and shall be available without further ap20 propriation and shall remain available until expended: Pro21 vided further, That such sums recovered from or paid by

22 any party are not limited to monetary payments and may

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

24 which may be retained, liquidated, or otherwise disposed

25 of by the Secretary of the Interior and which shall be cred26 ited to this account.
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1 CONSTRUCTION AND ACCESS

2 For acquisition of lands and interests therein, and

3 construction of buildings, recreation facilities, roads,

4 trails, and appurtenant facilities, $2,515,000, to remain

5 available until expended.

6 PAYMENTS IN LIEU OF TAXES

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

9 $111,409,000, of which not to exceed $400,000 shall be

10 available for administrative expenses.

11 LAND ACQUISITION

12 For expenses necessary to carry out the provisions

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

14 including administrative expenses and acquisition of lands

15 or waters, or interests therein, $8,500,000 to be derived

16 from the Land and Water Conservation Fund, to remain

17 available until expended.

18 OREGON AND CALIFORNIA GRANT LANDS

19 For expenses necessary for management, protection,

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

22 other improvements on the revested Oregon and California

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

25 on adjacent rights-of-way; and acquisition of lands or in26 terests therein including existing connecting roads on or
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1 adjacent to such grant lands; $91,387,000, to remain

2 available until expended: Provided, That 25 per centum

3 of the aggregate of all receipts during the current fiscal

4 year from the revested Oregon and California Railroad

5 grant lands is hereby made a charge against the Oregon

6 and California land-grant fund and shall be transferred

7 to the General Fund in the Treasury in accordance with

8 the provisions of the second paragraph of subsection (b)

9 of title II of the Act of August 28, 1937 (50 Stat. 876).

10 RANGE IMPROVEMENTS

11 For rehabilitation, protection, and acquisition of

12 lands and interests therein, and improvement of Federal

13 rangelands pursuant to section 401 of the Federal Land

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

15 notwithstanding any other Act, sums equal to 50 per cen16 tum of all moneys received during the prior fiscal year

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

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

19 improvements from grazing fees and mineral leasing re20 ceipts from Bankhead-Jones lands transferred to the De21 partment of the Interior pursuant to law, but not less than

22 $9,113,000, to remain available until expended: Provided,

23 That not to exceed $600,000 shall be available for admin24 istrative expenses.
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1 SERVICE CHARGES, DEPOSITS, AND FORFEITURES

2 For administrative expenses and other costs related

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

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

8 and for rehabilitation of damaged property, such amounts

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

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

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

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

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

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

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

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

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

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

20 under the authority of this or subsequent appropriations

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

22 any public lands administered through the Bureau of

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

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

2 settlement are used on the exact lands damage to which

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

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

6 MISCELLANEOUS TRUST FUNDS

7 In addition to amounts authorized to be expended

8 under existing law, there is hereby appropriated such

9 amounts as may be contributed under section 307 of the

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

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

14 available until expended.

15 ADMINISTRATIVE PROVISIONS

16 Appropriations for the Bureau of Land Management

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

20 which the United States has title; up to $100,000 for pay21 ments, at the discretion of the Secretary, for information

22 or evidence concerning violations of laws administered by

23 the Bureau of Land Management; miscellaneous and

24 emergency expenses of enforcement activities authorized

25 or approved by the Secretary and to be accounted for sole26 ly on his certificate, not to exceed $10,000: Provided, That
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1 notwithstanding 44 U.S.C. 501, the Bureau may, under

2 cooperative cost-sharing and partnership arrangements

3 authorized by law, procure printing services from coopera4 tors in connection with jointly-produced publications for

5 which the cooperators share the cost of printing either in

6 cash or in services, and the Bureau determines the co7 operator is capable of meeting accepted quality standards.

8 UNITED STATES FISH AND WILDLIFE SERVICE

9 RESOURCE MANAGEMENT

10 For expenses necessary for scientific and economic

11 studies, conservation, management, investigations, protec12 tion, and utilization of fishery and wildlife resources, ex13 cept whales, seals, and sea lions, and for the performance

14 of other authorized functions related to such resources; for

15 the general administration of the United States Fish and

16 Wildlife Service; and for maintenance of the herd of long17 horned cattle on the Wichita Mountains Wildlife Refuge;

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

19 within the scope of the approved budget which shall be

20 carried out by the Youth Conservation Corps as author21 ized by the Act of August 13, 1970, as amended by Public

22 Law 93–408, $498,035,000, to remain available for obli23 gation until September 30, 1997, of which $11,557,000

24 shall be for operation and maintenance of fishery mitiga25 tion facilities constructed by the Corps of Engineers under
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1 the Lower Snake River Compensation Plan, authorized by

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

3 2921), to compensate for loss of fishery resources from

4 water development projects on the Lower Snake River:

5 Provided, That unobligated and unexpended balances in

6 the Resource Management account at the end of fiscal

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

8 fiscal year 1996 Resource Management appropriation, and

9 shall remain available for obligation until September 30,

10 1997.

11 CONSTRUCTION

12 For construction and acquisition of buildings and

13 other facilities required in the conservation, management,

14 investigation, protection, and utilization of fishery and

15 wildlife resources, and the acquisition of lands and inter16 ests therein; $26,355,000, to remain available until ex17 pended.

18 NATURAL RESOURCE DAMAGE ASSESSMENT FUND

19 To conduct natural resource damage assessment ac20 tivities by the Department of the Interior necessary to

21 carry out the provisions of the Comprehensive Environ22 mental Response, Compensation, and Liability Act, as

23 amended (42 U.S.C. 9601, et seq.), Federal Water Pollu24 tion Control Act, as amended (33 U.S.C. 1251, et seq.),

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

26 the Act of July 27, 1990 (Public Law 101–337);
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1 $6,019,000, to remain available until expended: Provided,

2 That sums provided by any party in fiscal year 1996 and

3 thereafter are not limited to monetary payments and may

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

5 which may be retained, liquidated or otherwise disposed

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

7 utilized for the restoration of injured resources, and to

8 conduct new damage assessment activities.

9 LAND ACQUISITION

10 For expenses necessary to carry out the provisions

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

12 as amended (16 U.S.C. 460l–4–11), including administra13 tive expenses, and for acquisition of land or waters, or in14 terest therein, in accordance with statutory authority ap15 plicable to the United States Fish and Wildlife Service,

16 $14,100,000, to be derived from the Land and Water Con17 servation Fund, to remain available until expended.

18 COOPERATIVE ENDANGERED SPECIES CONSERVATION

19 FUND

20 For expenses necessary to carry out the provisions

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

22 1543), as amended by Public Law 100–478, $8,085,000

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

24 Endangered Species Conservation Fund, and to remain

25 available until expended.
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1 NATIONAL WILDLIFE REFUGE FUND

2 For expenses necessary to implement the Act of Octo3 ber 17, 1978 (16 U.S.C. 715s), $10,779,000.

4 REWARDS AND OPERATIONS

5 For expenses necessary to carry out the provisions

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

7 4201–4203, 4211–4213, 4221–4225, 4241–4245, and

8 1538), $600,000, to remain available until expended.

9 NORTH AMERICAN WETLANDS CONSERVATION FUND

10 For expenses necessary to carry out the provisions

11 of the North American Wetlands Conservation Act, Public

12 Law 101–233, $4,500,000, to remain available until ex13 pended.

14 LAHONTAN VALLEY AND PYRAMID LAKE FISH AND

15 WILDLIFE FUND

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

17 618, such sums as have previously been credited or may

18 be credited hereafter to the Lahontan Valley and Pyramid

19 Lake Fish and Wildlife Fund, to be available until ex20 pended without further appropriation.

21 RHINOCEROS AND TIGER CONSERVATION FUND

22 For deposit to the Rhinoceros and Tiger Conserva23 tion Fund, $200,000, to remain available until expended,

24 to be available to carry out the provisions of the Rhinoc25 eros and Tiger Conservation Act of 1994 (P.L. 103–391).
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1 WILDLIFE CONSERVATION AND APPRECIATION FUND

2 For deposit to the Wildlife Conservation and Appre3 ciation Fund, $998,000, to remain available until ex4 pended, to be available for carrying out the Partnerships

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

6 as provided in section 7105 of said Act.

7 ADMINISTRATIVE PROVISIONS

8 Appropriations and funds available to the United

9 States Fish and Wildlife Service shall be available for pur10 chase of not to exceed 113 passenger motor vehicles, of

11 which 59 are for police-type use and 88 are for replace12 ment only; not to exceed $400,000 for payment, at the

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

14 evidence concerning violations of laws administered by the

15 United States Fish and Wildlife Service, and miscellane16 ous and emergency expenses of enforcement activities, au17 thorized or approved by the Secretary and to be accounted

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

19 roads within and adjacent to reservation areas caused by

20 operations of the United States Fish and Wildlife Service;

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

22 each option; facilities incident to such public recreational

23 uses on conservation areas as are consistent with their pri24 mary purpose; and the maintenance and improvement of

25 aquaria, buildings, and other facilities under the jurisdic26 tion of the United States Fish and Wildlife Service and
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1 to which the United States has title, and which are utilized

2 pursuant to law in connection with management and in3 vestigation of fish and wildlife resources: Provided, That

4 the United States Fish and Wildlife Service may accept

5 donated aircraft as replacements for existing aircraft: Pro6 vided further, That notwithstanding 44 U.S.C. 501, the

7 Service may, under cooperative cost sharing and partner8 ship arrangements authorized by law, procure printing

9 services from cooperators in connection with jointly-pro10 duced publications for which the cooperators share at least

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

12 the Service determines the cooperator is capable of meet13 ing accepted quality standards: Provided further, That not14 withstanding any other provision of law, the Secretary of

15 the Interior may not spend any of the funds appropriated

16 in this Act for the purchase of lands or interests in lands

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

18 National Wildlife Refuge System unless the purchase is

19 approved in advance by the House and Senate Committees

20 on Appropriations in compliance with the reprogramming

21 procedures contained in House Report 103–551: Provided

22 further, That none of the funds made available in this Act

23 may be used by the U.S. Fish and Wildlife Service to im24 pede or delay the issuance of a wetlands permit by the

25 U.S. Army Corps of Engineers to the City of Lake Jack-
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1 son, Texas, for the development of a public golf course

2 west of Buffalo Camp Bayou between the Brazos River

3 and Highway 332: Provided further, That section 201 of

4 the Emergency Wetlands Resources Act of 1986 (16

5 U.S.C. 3911) is amended—

6 (1) in subsection (a)(1)(B), by striking ‘‘distrib7 uted’’ and inserting ‘‘used’’; and

8 (2) in subsection (c)—

9 (A) by redesignating clauses (i), (ii), and

10 (iii) of subparagraph (A) as paragraphs (1),

11 (2), and (3), respectively;

12 (B) by striking ‘‘shall be distributed as fol13 lows:’’ and all that follows through ‘‘such

14 amount—’’ and inserting ‘‘shall be used by the

15 Secretary—’’; and

16 (C) by striking subparagraph (B).

17 NATIONAL PARK SERVICE

18 OPERATION OF THE NATIONAL PARK SYSTEM

19 For expenses necessary for the management, oper20 ation, and maintenance of areas and facilities adminis21 tered by the National Park Service (including special road

22 maintenance service to trucking permittees on a reimburs23 able basis), and for the general administration of the Na24 tional Park Service, including not to exceed $1,593,000

25 for the Volunteers-in-Parks program, and not less than
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1 $1,000,000 for high priority projects within the scope of

2 the approved budget which shall be carried out by the

3 Youth Conservation Corps as authorized by the Act of Au4 gust 13, 1970, as amended by Public Law 93–408,

5 $1,088,249,000, without regard to the Act of August 24,

6 1912, as amended (16 U.S.C. 451), of which not to exceed

7 $72,000,000, to remain available until expended is to be

8 derived from the special fee account established pursuant

9 to title V, section 5201, of Public Law 100–203, and of

10 which not more than $1 shall be available for activies of

11 the National Park Service at the Mojave National Pre12 serve.

13 NATIONAL RECREATION AND PRESERVATION

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

17 statutory or contractual aid for other activities, and grant

18 administration, not otherwise provided for, $35,725,000:

19 Provided, That $248,000 of the funds provided herein are

20 for the William O. Douglas Outdoor Education Center,

21 subject to authorization.

22 HISTORIC PRESERVATION FUND

23 For expenses necessary in carrying out the provisions

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

25 as amended (16 U.S.C. 470), $37,934,000, to be derived

26 from the Historic Preservation Fund, established by sec-
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1 tion 108 of that Act, as amended, to remain available for

2 obligation until September 30, 1997.

3 CONSTRUCTION

4 For construction, improvements, repair or replace5 ment of physical facilities, $114,868,000, to remain avail6 able until expended: Provided, That not to exceed

7 $6,000,000 shall be paid to the Army Corps of Engineers

8 for modifications authorized by section 104 of the Ever9 glades National Park Protection and Expansion Act of

10 1989.

11 LAND AND WATER CONSERVATION FUND

12 (RESCISSION)

13 The contract authority provided for fiscal year 1996

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

15 LAND ACQUISITION AND STATE ASSISTANCE

16 For expenses necessary to carry out the provisions

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

18 as amended (16 U.S.C. 460l–4–11), including administra19 tive expenses, and for acquisition of lands or waters, or

20 interest therein, in accordance with statutory authority

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

22 be derived from the Land and Water Conservation Fund,

23 to remain available until expended, of which $4,800,000

24 is provided for Federal assistance to the State of Florida

25 pursuant to Public Law 103–219, and of which

26 $1,500,000 is to administer the State assistance program.
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1 ADMINISTRATIVE PROVISIONS

2 Appropriations for the National Park Service shall be

3 available for the purchase of not to exceed 518 passenger

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

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

6 and 5 ambulances: Provided, That none of the funds ap7 propriated to the National Park Service may be used to

8 process any grant or contract documents which do not in9 clude the text of 18 U.S.C. 1913: Provided further, That

10 none of the funds appropriated to the National Park Serv11 ice may be used to implement an agreement for the rede12 velopment of the southern end of Ellis Island.

13 UNITED STATES GEOLOGICAL SURVEY

14 SURVEYS, INVESTIGATIONS, AND RESEARCH

15 For expenses necessary for the United States Geo16 logical Survey to perform surveys, investigations, and re17 search covering topography, geology, hydrology, and the

18 mineral and water resources of the United States, its Ter19 ritories and possessions, and other areas as authorized by

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

21 their mineral and water resources; give engineering super22 vision to power permittees and Federal Energy Regulatory

23 Commission licensees; administer the minerals exploration

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

25 data relative to the foregoing activities; $686,944,000, of
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1 which $62,130,000 shall be available for cooperation with

2 States or municipalities for water resources investigations,

3 and of which $112,888,000 for resource research and the

4 operations of Cooperative Research Units shall remain

5 available until September 30, 1997: Provided, That no

6 part of this appropriation shall be used to pay more than

7 one-half the cost of any topographic mapping or water re8 sources investigations carried on in cooperation with any

9 State or municipality: Provided further, That funds avail10 able herein for resource research may be used for the pur11 chase of not to exceed 61 passenger motor vehicles, of

12 which 55 are for replacement only: Provided further, That

13 none of the funds available under this head for resource

14 research shall be used to conduct new surveys on private

15 property: Provided further, That none of the funds pro16 vided herein for resource research may be used to admin17 ister a volunteer program: Provided further, That no later

18 than April 1, 1996, the Director of the United States Geo19 logical Survey shall issue agency guidelines for resource

20 research that ensure that scientific and technical peer re21 view is utilized as fully as possible in selection of projects

22 for funding and ensure the validity and reliability of re23 search and data collection on Federal lands: Provided fur24 ther, That no funds available for resource research may

25 be used for any activity that was not authorized prior to
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1 the establishment of the National Biological Survey: Pro2 vided further, That once every five years the National

3 Academy of Sciences shall review and report on the re4 source research activities of the Survey: Provided further,

5 That if specific authorizing legislation is enacted during

6 or before the start of fiscal year 1996, the resource re7 search component of the Survey should comply with the

8 provisions of that legislation: Provided further, That unob9 ligated and unexpended balances in the National Biologi10 cal Survey, Research, inventories and surveys account at

11 the end of fiscal year 1995, shall be merged with and made

12 a part of the United States Geological Survey, Surveys,

13 investigations, and research account and shall remain

14 available for obligation until September 30, 1996.

15 ADMINISTRATIVE PROVISIONS

16 The amount appropriated for the United States Geo17 logical Survey shall be available for purchase of not to ex18 ceed 22 passenger motor vehicles, for replacement only;

19 reimbursement to the General Services Administration for

20 security guard services; contracting for the furnishing of

21 topographic maps and for the making of geophysical or

22 other specialized surveys when it is administratively deter23 mined that such procedures are in the public interest; con24 struction and maintenance of necessary buildings and ap25 purtenant facilities; acquisition of lands for gauging sta26 tions and observation wells; expenses of the United States
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1 National Committee on Geology; and payment of com2 pensation and expenses of persons on the rolls of the Unit3 ed States Geological Survey appointed, as authorized by

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

5 administration of interstate compacts: Provided, That ac6 tivities funded by appropriations herein made may be ac7 complished through the use of contracts, grants, or coop8 erative agreements as defined in 31 U.S.C. 6302, et seq.

9 MINERALS MANAGEMENT SERVICE

10 ROYALTY AND OFFSHORE MINERALS MANAGEMENT

11 For expenses necessary for minerals leasing and envi12 ronmental studies, regulation of industry operations, and

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

14 laws and regulations applicable to oil, gas, and other min15 erals leases, permits, licenses and operating contracts; and

16 for matching grants or cooperative agreements; including

17 the purchase of not to exceed eight passenger motor vehi18 cles for replacement only; $186,556,000, of which not less

19 than $70,105,000 shall be available for royalty manage20 ment activities; and an amount not to exceed $12,400,000

21 for the Technical Information Management System of

22 Outer Continental Shelf (OCS) Lands Activity, to be cred23 ited to this appropriation and to remain available until ex24 pended, from additions to receipts resulting from increases

25 to rates in effect on August 5, 1993, from rate increases
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1 to fee collections for OCS administrative activities per2 formed by the Minerals Management Service over and

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

4 additional fees for OCS administrative activities estab5 lished after September 30, 1993: Provided, That begin6 ning in fiscal year 1996 and thereafter, fees for royalty

7 rate relief applications shall be established (and revised

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

9 to this account in the program areas performing the func10 tion, and remain available until expended for the costs of

11 administering the royalty rate relief authorized by 43

12 U.S.C. 1337(a)(3): Provided further, That $1,500,000 for

13 computer acquisitions shall remain available until Septem14 ber 30, 1997: Provided further, That funds appropriated

15 under this Act shall be available for the payment of inter16 est in accordance with 30 U.S.C. 1721 (b) and (d): Pro17 vided further, That not to exceed $3,000 shall be available

18 for reasonable expenses related to promoting volunteer

19 beach and marine cleanup activities: Provided further,

20 That notwithstanding any other provision of law, $15,000

21 under this head shall be available for refunds of overpay22 ments in connection with certain Indian leases in which

23 the Director of the Minerals Management Service con24 curred with the claimed refund due, to pay amounts owed

25 to Indian allottees or Tribes, or to correct prior unrecover-
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1 able erroneous payments: Provided further, That beginning

2 in fiscal year 1996 and thereafter, the Secretary shall take

3 appropriate action to collect unpaid and underpaid royal4 ties and late payment interest owed by Federal and Indian

5 mineral lessees and other royalty payors on amounts re6 ceived in settlement or other resolution of disputes under,

7 and for partial or complete termination of, sales agree8 ments for minerals from Federal and Indian leases.

9 OIL SPILL RESEARCH

10 For necessary expenses to carry out the purposes of

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

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

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

14 Spill Liability Trust Fund, to remain available until ex15 pended.

16 BUREAU OF MINES

17 MINES AND MINERALS

18 For expenses necessary for the orderly closure of the

19 Bureau of Mines, $87,000,000.

20 ADMINISTRATIVE PROVISIONS

21 The Secretary is authorized to accept lands, buildings,

22 equipment, other contributions, and fees from public and

23 private sources, and to prosecute projects using such con24 tributions and fees in cooperation with other Federal,

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

26 Mines is authorized, during the current fiscal year, to sell
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1 directly or through any Government agency, including cor2 porations, any metal or mineral products that may be

3 manufactured in pilot plants operated by the Bureau of

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

5 the Treasury as miscellaneous receipts: Provided further,

6 That notwithstanding any other provision of law, the Sec7 retary is authorized to convey, without reimbursement,

8 title and all interest of the United States in property and

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

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

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

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

13 in other localities to such university or government entities

14 as the Secretary deems appropriate.

15 OFFICE OF SURFACE MINING RECLAMATION AND

16 ENFORCEMENT

17 REGULATION AND TECHNOLOGY

18 For necessary expenses to carry out the provisions

19 of the Surface Mining Control and Reclamation Act of

20 1977, Public Law 95–87, as amended, including the pur21 chase of not to exceed 15 passenger motor vehicles for re22 placement only; $92,751,000, and notwithstanding 31

23 U.S.C. 3302, an additional amount shall be credited to

24 this account, to remain available until expended, from per25 formance bond forfeitures in fiscal year 1996: Provided,
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1 That notwithstanding any other provision of law, the Sec2 retary of the Interior, pursuant to regulations, may utilize

3 directly or through grants to States, moneys collected in

4 fiscal year 1996 pursuant to the assessment of civil pen5 alties under section 518 of the Surface Mining Control

6 and Reclamation Act of 1977 (30 U.S.C. 1268), to reclaim

7 lands adversely affected by coal mining practices after Au8 gust 3, 1977, to remain available until expended: Provided

9 further, That notwithstanding any other provision of law,

10 appropriations for the Office of Surface Mining Reclama11 tion and Enforcement may provide for the travel and per

12 diem expenses of State and tribal personnel attending Of13 fice of Surface Mining Reclamation and Enforcement

14 sponsored training.

15 ABANDONED MINE RECLAMATION FUND

16 For necessary expenses to carry out the provisions

17 of title IV of the Surface Mining Control and Reclamation

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

19 the purchase of not more than 22 passenger motor vehicles

20 for replacement only, $176,327,000, to be derived from

21 receipts of the Abandoned Mine Reclamation Fund and

22 to remain available until expended, of which $5,000,000

23 shall be used for supplemental grants to States for the

24 reclamation of abandoned sites with acid mine rock drain25 age from coal mines through the Appalachian Clean

26 Streams Initiative: Provided, That grants to minimum
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1 program States will be $1,500,000 per State in fiscal year

2 1996: Provided further, That of the funds herein provided

3 up to $18,000,000 may be used for the emergency pro4 gram authorized by section 410 of Public Law 95–87, as

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

6 used for emergency reclamation projects in any one State

7 and funds for Federally-administered emergency reclama8 tion projects under this proviso shall not exceed

9 $11,000,000: Provided further, That donations credited to

10 the Abandoned Mine Reclamation Fund, pursuant to sec11 tion 401(b)(3) of Public Law 95–87, are hereby appro12 priated and shall be available until expended to support

13 projects under the Appalachian Clean Streams Initiative,

14 directly, through agreements with other Federal agencies,

15 as otherwise authorized, or through grants to States or

16 local governments, or tax-exempt private entities: Provided

17 further, That prior year unobligated funds appropriated

18 for the emergency reclamation program shall not be sub19 ject to the 25 per centum limitation per State and may

20 be used without fiscal year limitation for emergency

21 projects: Provided further, That pursuant to Public Law

22 97–365, the Department of the Interior is authorized to

23 utilize up to 20 per centum from the recovery of the delin24 quent debt owed to the United States Government to pay

25 for contracts to collect these debts.
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1 BUREAU OF INDIAN AFFAIRS

2 OPERATION OF INDIAN PROGRAMS

3 For operation of Indian programs by direct expendi4 ture, contracts, cooperative agreements, compacts, and

5 grants including expenses necessary to provide education

6 and welfare services for Indians, either directly or in co7 operation with States and other organizations, including

8 payment of care, tuition, assistance, and other expenses

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

10 grants and other assistance to needy Indians; maintenance

11 of law and order; management, development, improve12 ment, and protection of resources and appurtenant facili13 ties under the jurisdiction of the Bureau of Indian Affairs,

14 including payment of irrigation assessments and charges;

15 acquisition of water rights; advances for Indian industrial

16 and business enterprises; operation of Indian arts and

17 crafts shops and museums; development of Indian arts

18 and crafts, as authorized by law; for the general adminis19 tration of the Bureau of Indian Affairs, including such

20 expenses in field offices; maintaining of Indian reservation

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

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

23 housing, $1,508,777,000, of which not to exceed

24 $106,126,000 shall be for payments to tribes and tribal

25 organizations for contract support costs associated with
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1 ongoing contracts or grants or compacts entered into with

2 the Bureau of Indian Affairs prior to fiscal year 1996,

3 as authorized by the Indian Self-Determination Act of

4 1975, as amended, and $5,000,000 shall be for the Indian

5 Self-Determination Fund, which shall be available for the

6 transitional cost of initial or expanded tribal contracts,

7 grants, compacts, or cooperative agreements with the Bu8 reau of Indian Affairs under the provisions of the Indian

9 Self-Determination Act; and of which not to exceed

10 $330,711,000 for school operations costs of Bureau-fund11 ed schools and other education programs shall become

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

13 available for obligation until September 30, 1997; and of

14 which not to exceed $67,138,000 for higher education

15 scholarships, adult vocational training, and assistance to

16 public schools under the Johnson O’Malley Act shall re17 main available for obligation until September 30, 1997;

18 and of which not to exceed $74,814,000 shall remain

19 available until expended for trust funds management,

20 housing improvement, road maintenance, attorney fees,

21 litigation support, self-governance grants, the Indian Self22 Determination Fund, and the Navajo-Hopi Settlement

23 Program: Provided, That tribes and tribal contractors may

24 use their tribal priority allocations for unmet indirect costs

25 of ongoing contracts, grants or compact agreements: Pro-
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1 vided further, That funds made available to tribes and

2 tribal organizations through contracts or grants obligated

3 during fiscal year 1996, as authorized by the Indian Self4 Determination Act of 1975 (88 Stat. 2203; 25 U.S.C. 450

5 et seq.), or grants authorized by the Indian Education

6 Amendments of 1988 (25 U.S.C. 2001 and 2008A) shall

7 remain available until expended by the contractor or

8 grantee: Provided further, That notwithstanding any other

9 provision of law, the statute of limitations shall not com10 mence to run on any claim, including any claim in litiga11 tion pending on the date of this Act, concerning losses to

12 or mismanagement of trust funds, until the affected tribe

13 or individual Indian has been furnished with the account14 ing of such funds from which the beneficiary can deter15 mine whether there has been a loss: Provided further, That

16 notwithstanding any other provision of law, the reconcili17 ation report to be submitted pursuant to Public Law 103–

18 412 shall be submitted by November 30, 1997: Provided

19 further, That to provide funding uniformity within a Self20 Governance Compact, any funds provided in this Act with

21 availability for more than one year may be reprogrammed

22 to one year availability but shall remain available within

23 the Compact until expended: Provided further, That not24 withstanding any other provision of law, Indian tribal gov25 ernments may, by appropriate changes in eligibility cri-
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1 teria or by other means, change eligibility for general as2 sistance or change the amount of general assistance pay3 ments for individuals within the service area of such tribe

4 who are otherwise deemed eligible for general assistance

5 payments so long as such changes are applied in a consist6 ent manner to individuals similarly situated: Provided fur7 ther, That any savings realized by such changes shall be

8 available for use in meeting other priorities of the tribes:

9 Provided further, That any net increase in costs to the

10 Federal Government which result solely from tribally in11 creased payment levels for general assistance shall be met

12 exclusively from funds available to the tribe from within

13 its tribal priority allocation: Provided further, That any

14 forestry funds allocated to a tribe which remain unobli15 gated as of September 30, 1996, may be transferred dur16 ing fiscal year 1997 to an Indian forest land assistance

17 account established for the benefit of such tribe within the

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

19 unobligated balances not so transferred shall expire on

20 September 30, 1997: Provided further, That notwithstand21 ing any other provision of law, no funds available to the

22 Bureau of Indian Affairs, other than the amounts pro23 vided herein for assistance to public schools under the Act

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

25 452 et seq.), shall be available to support the operation
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1 of any elementary or secondary school in the State of Alas2 ka in fiscal year 1996: Provided further, That funds made

3 available in this or any other Act for expenditure through

4 September 30, 1997 for schools funded by the Bureau of

5 Indian Affairs shall be available only to the schools which

6 are in the Bureau of Indian Affairs school system as of

7 September 1, 1995: Provided further, That no funds avail8 able to the Bureau of Indian Affairs shall be used to sup9 port expanded grades for any school beyond the grade

10 structure in place at each school in the Bureau of Indian

11 Affairs school system as of October 1, 1995: Provided fur12 ther, That notwithstanding the provisions of 25 U.S.C.

13 2011(h)(1)(B) and (c), upon the recommendation of a

14 local school board for a Bureau of Indian Affairs operated

15 school, the Secretary shall establish rates of basic com16 pensation or annual salary rates for the positions of teach17 ers and counselors (including dormitory and homeliving

18 counselors) at the school at a level not less than that for

19 comparable positions in public school districts in the same

20 geographic area.

21 CONSTRUCTION

22 For construction, major repair, and improvement of

23 irrigation and power systems, buildings, utilities, and

24 other facilities, including architectural and engineering

25 services by contract; acquisition of lands and interests in

26 lands; and preparation of lands for farming, $98,033,000,
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1 to remain available until expended: Provided, That such

2 amounts as may be available for the construction of the

3 Navajo Indian Irrigation Project and for other water re4 source development activities related to the Southern Ari5 zona Water Rights Settlement Act may be transferred to

6 the Bureau of Reclamation: Provided further, That not to

7 exceed 6 per centum of contract authority available to the

8 Bureau of Indian Affairs from the Federal Highway Trust

9 Fund may be used to cover the road program management

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

11 That any funds provided for the Safety of Dams program

12 pursuant to 25 U.S.C. 13 shall be made available on a

13 non-reimbursable basis: Provided further, That for the fis14 cal year ending September 30, 1996, in implementing new

15 construction or facilities improvement and repair project

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

17 controlled grant schools under Public Law 100–297, as

18 amended, the Secretary of the Interior shall use the Ad19 ministrative and Audit Requirements and Cost Principles

20 for Assistance Programs contained in 43 CFR part 12 as

21 the regulatory requirements: Provided further, That such

22 grants shall not be subject to section 12.61 of 43 CFR;

23 the Secretary and the grantee shall negotiate and deter24 mine a schedule of payments for the work to be performed:

25 Provided further, That in considering applications, the
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1 Secretary shall consider whether the Indian tribe or tribal

2 organization would be deficient in assuring that the con3 struction projects conform to applicable building stand4 ards and codes and Federal, tribal, or State health and

5 safety standards as required by 25 U.S.C. 2005(a), with

6 respect to organizational and financial management capa7 bilities: Provided further, That if the Secretary declines an

8 application, the Secretary shall follow the requirements

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

10 any disputes between the Secretary and any grantee con11 cerning a grant shall be subject to the disputes provision

12 in 25 U.S.C. 2508(e).

13 INDIAN LAND AND WATER CLAIM SETTLEMENTS AND

14 MISCELLANEOUS PAYMENTS TO INDIANS

15 For miscellaneous payments to Indian tribes and in16 dividuals and for necessary administrative expenses,

17 $67,145,000, to remain available until expended; of which

18 $65,100,000 shall be available for implementation of en19 acted Indian land and water claim settlements pursuant

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

21 441, 102–575, and 103–116, and for implementation of

22 other enacted water rights settlements, including not to

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

24 of the Catawba Indian Tribe of South Carolina Claims

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

26 103–116; and of which $1,045,000 shall be available pur-
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1 suant to Public Laws 98–500, 99–264, and 100–580; and

2 of which $1,000,000 shall be available (1) to liquidate obli3 gations owed tribal and individual Indian payees of any

4 checks canceled pursuant to section 1003 of the Competi5 tive Equality Banking Act of 1987 (Public Law 100–86

6 (101 Stat. 659)), 31 U.S.C. 3334(b), (2) to restore to In7 dividual Indian Monies trust funds, Indian Irrigation Sys8 tems, and Indian Power Systems accounts amounts in9 vested in credit unions or defaulted savings and loan asso10 ciations and which were not Federally insured, and (3)

11 to reimburse Indian trust fund account holders for losses

12 to their respective accounts where the claim for said

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

14 agreement approved by the Department of Justice.

15 ADMINISTRATIVE PROVISIONS

16 Appropriations for the Bureau of Indian Affairs shall

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

18 to exceed 275 passenger carrying motor vehicles, of which

19 not to exceed 215 shall be for replacement only.

20 TERRITORIAL AND INTERNATIONAL AFFAIRS

21 ASSISTANCE TO TERRITORIES

22 For expenses necessary for assistance to territories

23 under the jurisdiction of the Department of the Interior,

24 $69,232,000, of which (1) $65,705,000 shall be available

25 until expended for technical assistance, including mainte26 nance assistance, disaster assistance, insular management
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1 controls, and brown tree snake control and research;

2 grants to the judiciary in American Samoa for compensa3 tion and expenses, as authorized by law (48 U.S.C.

4 1661(c)); grants to the Government of American Samoa,

5 in addition to current local revenues, for construction and

6 support of governmental functions; grants to the Govern7 ment of the Virgin Islands as authorized by law; grants

8 to the Government of Guam, as authorized by law; and

9 grants to the Government of the Northern Mariana Is10 lands as authorized by law (Public Law 94–241; 90 Stat.

11 272); and (2) $3,527,000 shall be available for salaries

12 and expenses of the Office of Insular Affairs: Provided,

13 That all financial transactions of the territorial and local

14 governments herein provided for, including such trans15 actions of all agencies or instrumentalities established or

16 utilized by such governments, may be audited by the Gen17 eral Accounting Office, at its discretion, in accordance

18 with chapter 35 of title 31, United States Code: Provided

19 further, That Northern Mariana Islands Covenant grant

20 funding shall be provided according to those terms of the

21 Agreement of the Special Representatives on Future Unit22 ed States Financial Assistance for the Northern Mariana

23 Islands approved by Public Law 99–396, or any subse24 quent legislation related to Commonwealth of the North25 ern Mariana Islands Covenant grant funding: Provided
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1 further, That of the amounts provided for technical assist2 ance, sufficient funding shall be made available for a grant

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

4 funds for the program of operations and maintenance im5 provement are appropriated to institutionalize routine op6 erations and maintenance of capital infrastructure in

7 American Samoa, Guam, the Virgin Islands, the Common8 wealth of the Northern Mariana Islands, the Republic of

9 Palau, the Republic of the Marshall Islands, and the Fed10 erated States of Micronesia through assessments of long11 range operations and maintenance needs, improved capa12 bility of local operations and maintenance institutions and

13 agencies (including management and vocational education

14 training), and project-specific maintenance (with terri15 torial participation and cost sharing to be determined by

16 the Secretary based on the individual territory’s commit17 ment to timely maintenance of its capital assets): Provided

18 further, That any appropriation for disaster assistance

19 under this head in this Act or previous appropriations Acts

20 may be used as non-Federal matching funds for the pur21 pose of hazard mitigation grants provided pursuant to sec22 tion 404 of the Robert T. Stafford Disaster Relief and

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

24 COMPACT OF FREE ASSOCIATION

25 For economic assistance and necessary expenses for

26 the Federated States of Micronesia and the Republic of
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1 the Marshall Islands as provided for in sections 122, 221,

2 223, 232, and 233 of the Compacts of Free Association,

3 and for economic assistance and necessary expenses for

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

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

6 $24,938,000, to remain available until expended, as au7 thorized by Public Law 99–239 and Public Law 99–658:

8 Provided, That notwithstanding section 112 of Public Law

9 101–219 (103 Stat. 1873), the Secretary of the Interior

10 may agree to technical changes in the specifications for

11 the project described in the subsidiary agreement nego12 tiated under section 212(a) of the Compact of Free Asso13 ciation, Public Law 99–658, or its annex, if the changes

14 do not result in increased costs to the United States.

15 DEPARTMENTAL OFFICES

16 OFFICE OF THE SECRETARY

17 SALARIES AND EXPENSES

18 For necessary expenses of the Office of the Secretary

19 of the Interior, $55,982,000, of which not to exceed

20 $7,500 may be for official reception and representation

21 expenses.

22 OFFICE OF THE SOLICITOR

23 SALARIES AND EXPENSES

24 For necessary expenses of the Office of the Solicitor,

25 $34,608,000.
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1 OFFICE OF INSPECTOR GENERAL

2 SALARIES AND EXPENSES

3 For necessary expenses of the Office of Inspector

4 General, $23,939,000.

5 NATIONAL INDIAN GAMING COMMISSION

6 SALARIES AND EXPENSES

7 For necessary expenses of the National Indian Gam8 ing Commission, pursuant to Public Law 100–497,

9 $1,000,000.

10 ADMINISTRATIVE PROVISIONS

11 There is hereby authorized for acquisition from avail12 able resources within the Working Capital Fund, 15 air13 craft, 10 of which shall be for replacement and which may

14 be obtained by donation, purchase or through available ex15 cess surplus property: Provided, That notwithstanding any

16 other provision of law, existing aircraft being replaced may

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

18 offset the purchase price for the replacement aircraft: Pro19 vided further, That no programs funded with appropriated

20 funds in the ‘‘Office of the Secretary’’, ‘‘Office of the So21 licitor’’, and ‘‘Office of Inspector General’’ may be aug22 mented through the Working Capital Fund or the Consoli23 dated 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, be re17 plenished by a supplemental appropriation which must be

18 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

4 expended by the Department of the Interior for the con5 duct of leasing, or the approval or permitting of any drill6 ing 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

15 expended by the Department of the Interior for the con16 duct 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.
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1 TITLE II—RELATED AGENCIES

2 DEPARTMENT OF AGRICULTURE

3 FOREST SERVICE

4 FOREST RESEARCH

5 For necessary expenses of forest research as author6 ized by law, $182,000,000, to remain available until Sep7 tember 30, 1997.

8 STATE AND PRIVATE FORESTRY

9 For necessary expenses of cooperating with, and pro10 viding technical and financial assistance to States, Terri11 tories, possessions, and others and for forest pest manage12 ment activities, cooperative forestry and education and

13 land conservation activities, $129,551,000, to remain

14 available until expended, as authorized by law.

15 NATIONAL FOREST SYSTEM

16 For necessary expenses of the Forest Service, not

17 otherwise provided for, for management, protection, im18 provement, and utilization of the National Forest System,

19 for ecosystem planning, inventory, and monitoring, and for

20 administrative expenses associated with the management

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

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

23 ‘‘Construction’’, ‘‘Fire Protection and Emergency Sup24 pression’’, and ‘‘Land Acquisition’’, $1,276,688,000, to

25 remain available for obligation until September 30, 1997,
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1 and including 65 per centum of all monies received during

2 the prior fiscal year as fees collected under the Land and

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

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

5 6a(i)): Provided, That unobligated and unexpended bal6 ances in the National Forest System account at the end

7 of fiscal year 1995, shall be merged with and made a part

8 of the fiscal year 1996 National Forest System appropria9 tion, and shall remain available for obligation until Sep10 tember 30, 1997: Provided further, That up to $5,000,000

11 of the funds provided herein for road maintenance shall

12 be available for the planned obliteration of roads which

13 are no longer needed.

14 FIRE PROTECTION AND EMERGENCY SUPPRESSION

15 For necessary expenses for forest fire presuppression

16 activities on National Forest System lands, for emergency

17 fire suppression on or adjacent to National Forest System

18 lands or other lands under fire protection agreement, and

19 for emergency rehabilitation of burned over National For20 est System lands, $385,485,000, to remain available until

21 expended: Provided, That unexpended balances of

22 amounts previously appropriated under any other head23 ings for Forest Service fire activities may be transferred

24 to and merged with this appropriation: Provided further,

25 That such funds are available for repayment of advances
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1 from other appropriations accounts previously transferred

2 for such purposes.

3 CONSTRUCTION

4 For necessary expenses of the Forest Service, not

5 otherwise provided for, $120,000,000, to remain available

6 until expended, for construction and acquisition of build7 ings and other facilities, and for construction and repair

8 of forest roads and trails by the Forest Service as author9 ized by 16 U.S.C. 532–538 and 23 U.S.C. 101 and 205:

10 Provided, That funds becoming available in fiscal year

11 1996 under the Act of March 4, 1913 (16 U.S.C. 501)

12 shall be transferred to the General Fund of the Treasury

13 of the United States: Provided further, That not to exceed

14 $50,000,000, to remain available until expended, may be

15 obligated for the construction of forest roads by timber

16 purchasers.

17 LAND ACQUISITION

18 For expenses necessary to carry out the provisions

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

20 as amended (16 U.S.C. 460l–4–11), including administra21 tive expenses, and for acquisition of land or waters, or in22 terest therein, in accordance with statutory authority ap23 plicable to the Forest Service, $14,600,000, to be derived

24 from the Land and Water Conservation Fund, to remain

25 available until expended.
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1 ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL

2 ACTS

3 For acquisition of lands within the exterior bound4 aries of the Cache, Uinta, and Wasatch National Forests,

5 Utah; the Toiyabe National Forest, Nevada; and the An6 geles, San Bernardino, Sequoia, and Cleveland National

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

8 be derived from forest receipts.

9 ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES

10 For acquisition of lands, to be derived from funds de11 posited by State, county, or municipal governments, public

12 school districts, or other public school authorities pursuant

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

14 484a), to remain available until expended.

15 RANGE BETTERMENT FUND

16 For necessary expenses of range rehabilitation, pro17 tection, and improvement, 50 per centum of all moneys

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

19 domestic livestock on lands in National Forests in the six20 teen Western States, pursuant to section 401(b)(1) of

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

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

23 available for administrative expenses associated with on24 the-ground range rehabilitation, protection, and improve25 ments.
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1 GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND

2 RANGELAND RESEARCH

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

4 $92,000, to remain available until expended, to be derived

5 from the fund established pursuant to the above Act.

6 ADMINISTRATIVE PROVISIONS, FOREST SERVICE

7 Appropriations to the Forest Service for the current

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

9 exceed 183 passenger motor vehicles of which 32 will be

10 used primarily for law enforcement purposes and of which

11 151 shall be for replacement; acquisition of 22 passenger

12 motor vehicles from excess sources, and hire of such vehi13 cles; operation and maintenance of aircraft, the purchase

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

15 of 20 aircraft from excess sources; notwithstanding other

16 provisions of law, existing aircraft being replaced may be

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

18 the purchase price for the replacement aircraft; (b) serv19 ices pursuant to the second sentence of section 706(a) of

20 the Organic Act of 1944 (7 U.S.C. 2225), and not to ex21 ceed $100,000 for employment under 5 U.S.C. 3109; (c)

22 purchase, erection, and alteration of buildings and other

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

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

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

2 1972 (16 U.S.C. 558a, 558d, 558a note); and (f) for debt

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

4 None of the funds made available under this Act shall

5 be obligated or expended to change the boundaries of any

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

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

8 Forest System administration of the Forest Service, De9 partment of Agriculture, without the consent of the House

10 and Senate Committees on Appropriations and the Com11 mittee on Agriculture, Nutrition, and Forestry in the

12 United States Senate and the Committee on Agriculture

13 in the United States House of Representatives.

14 Any appropriations or funds available to the Forest

15 Service may be advanced to the Fire and Emergency Sup16 pression appropriation and may be used for forest fire17 fighting and the emergency rehabilitation of burned-over

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

19 be made available under this authority until funds appro20 priated to the ‘‘Emergency Forest Service Firefighting

21 Fund’’ shall have been exhausted.

22 Funds appropriated to the Forest Service shall be

23 available for assistance to or through the Agency for Inter24 national Development and the Foreign Agricultural Serv25 ice in connection with forest and rangeland research, tech-
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1 nical information, and assistance in foreign countries, and

2 shall be available to support forestry and related natural

3 resource activities outside the United States and its terri4 tories and possessions, including technical assistance, edu5 cation and training, and cooperation with United States

6 and international organizations.

7 None of the funds made available to the Forest Serv8 ice under this Act shall be subject to transfer under the

9 provisions of section 702(b) of the Department of Agri10 culture Organic Act of 1944 (7 U.S.C. 2257) or 7 U.S.C.

11 147b unless the proposed transfer is approved in advance

12 by the House and Senate Committees on Appropriations

13 in compliance with the reprogramming procedures con14 tained in House Report 103–551.

15 No funds appropriated to the Forest Service shall be

16 transferred to the Working Capital Fund of the Depart17 ment of Agriculture without the approval of the Chief of

18 the Forest Service.

19 Notwithstanding any other provision of law, any ap20 propriations or funds available to the Forest Service may

21 be used to disseminate program information to private and

22 public individuals and organizations through the use of

23 nonmonetary items of nominal value and to provide

24 nonmonetary awards of nominal value and to incur nec25 essary expenses for the nonmonetary recognition of private
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1 individuals and organizations that make contributions to

2 Forest Service programs.

3 Notwithstanding any other provision of law, money

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

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

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

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

8 permit applications and for costs incurred in monitoring

9 the construction, operation, maintenance, and termination

10 of any pipeline and related facilities, may be used to reim11 burse the applicable appropriation to which such costs

12 were originally charged.

13 Funds available to the Forest Service shall be avail14 able to conduct a program of not less than $1,000,000

15 for high priority projects within the scope of the approved

16 budget which shall be carried out by the Youth Conserva17 tion Corps as authorized by the Act of August 13, 1970,

18 as amended by Public Law 93–408.

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

20 for timber sale preparation using clearcutting in hardwood

21 stands in excess of 25 percent of the fiscal year 1989 har22 vested volume in the Wayne National Forest, Ohio: Pro23 vided, That this limitation shall not apply to hardwood

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

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

8 Secretary may direct in conducting activities authorized

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

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

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

12 reception and representation expenses.

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

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

16 Service, to perform work occasioned by emergencies such

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

19 and the regular workweek.

20 To the greatest extent possible, and in accordance

21 with the Final Amendment to the Shawnee National For22 est Plan, none of the funds available in this Act shall be

23 used for preparation of timber sales using clearcutting or

24 other forms of even aged management in hardwood stands

25 in the Shawnee National Forest, Illinois.
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1 Funds appropriated to the Forest Service shall be

2 available for interactions with and providing technical as3 sistance to rural communities for sustainable rural devel4 opment purposes.

5 Not withstanding any other provision of law, eighty

6 percent of the funds appropriated to the Forest Service

7 in the National Forest System and Construction accounts

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

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

10 land in the State of Washington may be granted directly

11 to the Washington State Department of Fish and Wildlife

12 for accomplishment of planned projects. Twenty percent

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

14 planning and administering projects. Project selection and

15 prioritization shall be accomplished by the Forest Service

16 with such consultation with the State of Washington as

17 the Forest Service deems appropriate.

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

19 for any activity that directly or indirectly causes harm to

20 songbirds within the boundaries of the Shawnee National

21 Forest.

22 DEPARTMENT OF ENERGY

23 FOSSIL ENERGY RESEARCH AND DEVELOPMENT

24 For necessary expenses in carrying out fossil energy

25 research and development activities, under the authority
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1 of the Department of Energy Organization Act (Public

2 Law 95–91), including the acquisition of interest, includ3 ing defeasible and equitable interests in any real property

4 or any facility or for plant or facility acquisition or expan5 sion, $384,504,000, to remain available until expended:

6 Provided, That no part of the sum herein made available

7 shall be used for the field testing of nuclear explosives in

8 the recovery of oil and gas.

9 ALTERNATIVE FUELS PRODUCTION

10 (INCLUDING TRANSFER OF FUNDS)

11 Monies received as investment income on the prin12 cipal amount in the Great Plains Project Trust at the

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

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

15 account and immediately transferred to the General Fund

16 of the Treasury. Monies received as revenue sharing from

17 the operation of the Great Plains Gasification Plant shall

18 be immediately transferred to the General Fund of the

19 Treasury.

20 NAVAL PETROLEUM AND OIL SHALE RESERVES

21 For necessary expenses in carrying out naval petro22 leum and oil shale reserve activities, $151,028,000, to re23 main available until expended: Provided, That the require24 ments of 10 U.S.C. 7430(b)(2)(B) shall not apply to fiscal

25 year 1996.
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1 ENERGY CONSERVATION

2 For necessary expenses in carrying out energy con3 servation activities, $552,871,000, to remain available

4 until expended, including, notwithstanding any other pro5 vision of law, the excess amount for fiscal year 1996 deter6 mined under the provisions of section 3003(d) of Public

7 Law 99–509 (15 U.S.C. 4502), and of which $16,000,000

8 shall be derived from available unobligated balances in the

9 Biomass Energy Development account: Provided, That

10 $133,946,000 shall be for use in energy conservation pro11 grams as defined in section 3008(3) of Public Law 99–

12 509 (15 U.S.C. 4507) and shall not be available until ex13 cess amounts are determined under the provisions of sec14 tion 3003(d) of Public Law 99–509 (15 U.S.C. 4502):

15 Provided further, That notwithstanding section 3003(d)(2)

16 of Public Law 99–509 such sums shall be allocated to the

17 eligible programs as follows: $107,446,000 for the weath18 erization assistance program and $26,500,000 for the

19 State energy conservation program.

20 ECONOMIC REGULATION

21 For necessary expenses in carrying out the activities

22 of the Economic Regulatory Administration and the Office

23 of Hearings and Appeals, $6,297,000, to remain available

24 until expended.
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1 STRATEGIC PETROLEUM RESERVE

2 (INCLUDING TRANSFER OF FUNDS)

3 For necessary expenses for Strategic Petroleum Re4 serve facility development and operations and program

5 management activities pursuant to the Energy Policy and

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

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

8 of which $187,000,000 shall be derived by transfer of un9 obligated balances from the ‘‘SPR petroleum account’’ and

10 $100,000,000 shall be derived by transfer from the ‘‘SPR

11 Decommissioning Fund’’: Provided, That notwithstanding

12 section 161 of the Energy Policy and Conservation Act,

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

14 barrels of oil from the Strategic Petroleum Reserve: Pro15 vided further, That the proceeds from the sale shall be de16 posited into a special account in the Treasury, to be estab17 lished and known as the ‘‘SPR Decommissioning Fund’’,

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

19 from and decommissioning of the Weeks Island site and

20 for other purposes related to the operations of the Strate21 gic Petroleum Reserve: Provided further, That, notwith22 standing any other provision of law, $100,000,000 in pro23 ceeds from the sale shall be included in the budget baseline

24 required by the Balanced Budget and Emergency Deficit

25 Control Act of 1985 and shall be counted as an offset to
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1 discretionary budget authority and outlays for the pur2 poses of section 251(a)(7) of that Act.

3 SPR PETROLEUM ACCOUNT

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

5 States share of crude oil in Naval Petroleum Reserve

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

7 of to other than the Strategic Petroleum Reserve: Pro8 vided, That outlays in fiscal year 1996 resulting from the

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

10 ENERGY INFORMATION ADMINISTRATION

11 For necessary expenses in carrying out the activities

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

13 to remain available until expended: Provided, That not14 withstanding Section 4(d) of the Service Contract Act of

15 1965 (41 U.S.C. 353(d)) or any other provision of law,

16 funds appropriated under this heading hereafter may be

17 used to enter into a contract for end use consumption sur18 veys for a term not to exceed eight years: Provided further,

19 That notwithstanding any other provision of law, hereafter

20 the Manufacturing Energy Consumption Survey shall be

21 conducted on a triennial basis.

22 ADMINISTRATIVE PROVISIONS, DEPARTMENT OF ENERGY

23 Appropriations under this Act for the current fiscal

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

25 hire, maintenance, and operation of aircraft; purchase, re-
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1 pair, and cleaning of uniforms; and reimbursement to the

2 General Services Administration for security guard serv3 ices.

4 From appropriations under this Act, transfers of

5 sums may be made to other agencies of the Government

6 for the performance of work for which the appropriation

7 is made.

8 None of the funds made available to the Department

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

10 finance authorized price support or loan guarantee pro11 grams unless specific provision is made for such programs

12 in an appropriations Act.

13 The Secretary is authorized to accept lands, build14 ings, equipment, and other contributions from public and

15 private sources and to prosecute projects in cooperation

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

17 Provided, That revenues and other moneys received by or

18 for the account of the Department of Energy or otherwise

19 generated by sale of products in connection with projects

20 of the Department appropriated under this Act may be

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

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

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

24 in appropriate cost-sharing contracts or agreements: Pro25 vided further, That the remainder of revenues after the
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1 making of such payments shall be covered into the Treas2 ury as miscellaneous receipts: Provided further, That any

3 contract, agreement, or provision thereof entered into by

4 the Secretary pursuant to this authority shall not be exe5 cuted prior to the expiration of 30 calendar days (not in6 cluding any day in which either House of Congress is not

7 in session because of adjournment of more than three cal8 endar days to a day certain) from the receipt by the

9 Speaker of the House of Representatives and the Presi10 dent of the Senate of a full comprehensive report on such

11 project, including the facts and circumstances relied upon

12 in support of the proposed project.

13 No funds provided in this Act may be expended by

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

15 procurement documents for programs or projects for

16 which appropriations have not been made.

17 DEPARTMENT OF HEALTH AND HUMAN

18 SERVICES

19 INDIAN HEALTH SERVICE

20 INDIAN HEALTH SERVICES

21 For expenses necessary to carry out the Act of Au22 gust 5, 1954 (68 Stat. 674), the Indian Self-Determina23 tion Act, the Indian Health Care Improvement Act, and

24 titles II and III of the Public Health Service Act with re25 spect to the Indian Health Service, $1,725,792,000 to-
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1 gether with payments received during the fiscal year pur2 suant to 42 U.S.C. 300aaa–2 for services furnished by the

3 Indian Health Service: Provided, That funds made avail4 able to tribes and tribal organizations through contracts,

5 grant agreements, or any other agreements or compacts

6 authorized by the Indian Self-Determination and Edu7 cation Assistance Act of 1975 (88 Stat. 2203; 25 U.S.C.

8 450), shall be deemed to be obligated at the time of the

9 grant or contract award and thereafter shall remain avail10 able to the tribe or tribal organization without fiscal year

11 limitation: Provided further, That $12,000,000 shall re12 main available until expended, for the Indian Catastrophic

13 Health Emergency Fund: Provided further, That

14 $351,258,000 for contract medical care shall remain avail15 able for obligation until September 30, 1997: Provided fur16 ther, That of the funds provided, not less than

17 $11,306,000 shall be used to carry out the loan repayment

18 program under section 108 of the Indian Health Care Im19 provement Act, as amended: Provided further, That funds

20 provided in this Act may be used for one-year contracts

21 and grants which are to be performed in two fiscal years,

22 so long as the total obligation is recorded in the year for

23 which the funds are appropriated: Provided further, That

24 the amounts collected by the Secretary of Health and

25 Human Services under the authority of title IV of the In-
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1 dian Health Care Improvement Act shall be available for

2 two fiscal years after the fiscal year in which they were

3 collected, for the purpose of achieving compliance with the

4 applicable conditions and requirements of titles XVIII and

5 XIX of the Social Security Act (exclusive of planning, de6 sign, or construction of new facilities): Provided further,

7 That of the funds provided, $7,500,000 shall remain avail8 able until expended, for the Indian Self-Determination

9 Fund, which shall be available for the transitional costs

10 of initial or expanded tribal contracts, grants or coopera11 tive agreements with the Indian Health Service under the

12 provisions of the Indian Self-Determination Act: Provided

13 further, That funding contained herein, and in any earlier

14 appropriations Acts for scholarship programs under the

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

16 shall remain available for obligation until September 30,

17 1997: Provided further, That amounts received by tribes

18 and tribal organizations under title IV of the Indian

19 Health Care Improvement Act, as amended, shall be re20 ported and accounted for and available to the receiving

21 tribes and tribal organizations until expended.

22 INDIAN HEALTH FACILITIES

23 For construction, repair, maintenance, improvement,

24 and equipment of health and related auxiliary facilities,

25 including quarters for personnel; preparation of plans,
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1 specifications, and drawings; acquisition of sites, purchase

2 and erection of modular buildings, and purchases of trail3 ers; and for provision of domestic and community sanita4 tion facilities for Indians, as authorized by section 7 of

5 the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian

6 Self-Determination Act and the Indian Health Care Im7 provement Act, and for expenses necessary to carry out

8 the Act of August 5, 1954 (68 Stat. 674), the Indian Self9 Determination Act, the Indian Health Care Improvement

10 Act, and titles II and III of the Public Health Service Act

11 with respect to environmental health and facilities support

12 activities of the Indian Health Service, $236,975,000, to

13 remain available until expended: Provided, That notwith14 standing any other provision of law, funds appropriated

15 for the planning, design, construction or renovation of

16 health facilities for the benefit of an Indian tribe or tribes

17 may be used to purchase land for sites to construct, im18 prove, or enlarge health or related facilities.

19 ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE

20 Appropriations in this Act to the Indian Health Serv21 ice shall be available for services as authorized by 5 U.S.C.

22 3109 but at rates not to exceed the per diem rate equiva23 lent to the maximum rate payable for senior-level positions

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

25 aircraft; purchase of medical equipment; purchase of re-
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1 prints; purchase, renovation and erection of modular

2 buildings and renovation of existing facilities; payments

3 for telephone service in private residences in the field,

4 when authorized under regulations approved by the Sec5 retary; and for uniforms or allowances therefor as author6 ized by law (5 U.S.C. 5901–5902); and for expenses of

7 attendance at meetings which are concerned with the func8 tions or activities for which the appropriation is made or

9 which will contribute to improved conduct, supervision, or

10 management of those functions or activities: Provided,

11 That in accordance with the provisions of the Indian

12 Health Care Improvement Act, non-Indian patients may

13 be extended health care at all tribally administered or In14 dian Health Service facilities, subject to charges, and the

15 proceeds along with funds recovered under the Federal

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

17 credited to the account of the facility providing the service

18 and shall be available without fiscal year limitation: Pro19 vided further, That notwithstanding any other law or regu20 lation, funds transferred from the Department of Housing

21 and Urban Development to the Indian Health Service

22 shall be administered under Public Law 86–121 (the In23 dian Sanitation Facilities Act) and Public Law 93–638,

24 as amended: Provided further, That funds appropriated to

25 the Indian Health Service in this Act, except those used
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1 for administrative and program direction purposes, shall

2 not be subject to limitations directed at curtailing Federal

3 travel and transportation: Provided further, That the In4 dian Health Service shall neither bill nor charge those In5 dians who may have the economic means to pay unless

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

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

8 to implement such a policy: Provided further, That, not9 withstanding any other provision of law, funds previously

10 or herein made available to a tribe or tribal organization

11 through a contract, grant or agreement authorized by

12 Title I of the Indian Self-Determination and Education

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

14 may be deobligated and reobligated to a self-governance

15 funding agreement under Title III of the Indian Self-De16 termination and Education Assistance Act of 1975 and

17 thereafter shall remain available to the tribe or tribal orga18 nization without fiscal year limitation: Provided further,

19 That none of the funds made available to the Indian

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

21 final rule published in the Federal Register on September

22 16, 1987, by the Department of Health and Human Serv23 ices, relating to eligibility for the health care services of

24 the Indian Health Service until the Indian Health Service

25 has submitted a budget request reflecting the increased
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1 costs associated with the proposed final rule, and such re2 quest has been included in an appropriations Act and en3 acted into law: Provided further, That funds made avail4 able in this Act are to be apportioned to the Indian Health

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

6 the appropriation structure set forth in this Act: Provided

7 further, That the appropriation structure for the Indian

8 Health Service may not be altered without advance ap9 proval of the House and Senate Committees on Appropria10 tions.

11 DEPARTMENT OF EDUCATION

12 OFFICE OF ELEMENTARY AND SECONDARY EDUCATION

13 INDIAN EDUCATION

14 For necessary expenses for the orderly closure of the

15 Office of Indian Education, $1,000,000.

16 OTHER RELATED AGENCIES

17 OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION

18 SALARIES AND EXPENSES

19 For necessary expenses of the Office of Navajo and

20 Hopi Indian Relocation as authorized by Public Law 93–

21 531, $21,345,000, to remain available until expended:

22 Provided, That funds provided in this or any other appro23 priations Act are to be used to relocate eligible individuals

24 and groups including evictees from District 6, Hopi-parti25 tioned lands residents, those in significantly substandard
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1 housing, and all others certified as eligible and not in2 cluded in the preceding categories: Provided further, That

3 none of the funds contained in this or any other Act may

4 be used by the Office of Navajo and Hopi Indian Reloca5 tion to evict any single Navajo or Navajo family who, as

6 of November 30, 1985, was physically domiciled on the

7 lands partitioned to the Hopi Tribe unless a new or re8 placement home is provided for such household: Provided

9 further, That no relocatee will be provided with more than

10 one new or replacement home: Provided further, That the

11 Office shall relocate any certified eligible relocatees who

12 have selected and received an approved homesite on the

13 Navajo reservation or selected a replacement residence off

14 the Navajo reservation or on the land acquired pursuant

15 to 25 U.S.C. 640d–10.

16 INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE

17 CULTURE AND ARTS DEVELOPMENT

18 PAYMENT TO THE INSTITUTE

19 For payment to the Institute of American Indian and

20 Alaska Native Culture and Arts Development, as author21 ized by title XV of Public Law 99–498 (20 U.S.C. 4401

22 et seq.), $5,500,000.
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1 SMITHSONIAN INSTITUTION

2 SALARIES AND EXPENSES

3 For necessary expenses of the Smithsonian Institu4 tion, as authorized by law, including research in the fields

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

6 documentation of the National Collections; presentation of

7 public exhibits and performances; collection, preparation,

8 dissemination, and exchange of information and publica9 tions; conduct of education, training, and museum assist10 ance programs; maintenance, alteration, operation, lease

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

12 buildings, facilities, and approaches; not to exceed

13 $100,000 for services as authorized by 5 U.S.C. 3109; up

14 to 5 replacement passenger vehicles; purchase, rental, re15 pair, and cleaning of uniforms for employees;

16 $309,471,000, of which not to exceed $32,000,000 for the

17 instrumentation program, collections acquisition, Museum

18 Support Center equipment and move, exhibition

19 reinstallation, the National Museum of the American In20 dian, the repatriation of skeletal remains program, re21 search equipment, information management, and Latino

22 programming shall remain available until expended and,

23 including such funds as may be necessary to support

24 American overseas research centers and a total of

25 $125,000 for the Council of American Overseas Research
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1 Centers: Provided, That funds appropriated herein are

2 available for advance payments to independent contractors

3 performing research services or participating in official

4 Smithsonian presentations.

5 CONSTRUCTION AND IMPROVEMENTS, NATIONAL

6 ZOOLOGICAL PARK

7 For necessary expenses of planning, construction, re8 modeling, and equipping of buildings and facilities at the

9 National Zoological Park, by contract or otherwise,

10 $3,000,000, to remain available until expended.

11 REPAIR AND RESTORATION OF BUILDINGS

12 For necessary expenses of repair and restoration of

13 buildings owned or occupied by the Smithsonian Institu14 tion, by contract or otherwise, as authorized by section

15 2 of the Act of August 22, 1949 (63 Stat. 623), including

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

17 U.S.C. 3109, $24,954,000, to remain available until ex18 pended: Provided, That contracts awarded for environ19 mental systems, protection systems, and exterior repair or

20 restoration of buildings of the Smithsonian Institution

21 may be negotiated with selected contractors and awarded

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

23 CONSTRUCTION

24 For necessary expenses for construction,

25 $12,950,000, to remain available until expended: Pro-
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1 vided, That notwithstanding any other provision of law,

2 a single procurement for the construction of the National

3 Museum of the American Indian Cultural Resources Cen4 ter may be issued which includes the full scope of the

5 project: Provided further, That the solicitation and the

6 contract shall contain the clause ‘‘availability of funds’’

7 found at 48 CFR 52.232.18.

8 NATIONAL GALLERY OF ART

9 SALARIES AND EXPENSES

10 For the upkeep and operations of the National Gal11 lery of Art, the protection and care of the works of art

12 therein, and administrative expenses incident thereto, as

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

14 as amended by the public resolution of April 13, 1939

15 (Public Resolution 9, Seventy-sixth Congress), including

16 services as authorized by 5 U.S.C. 3109; payment in ad17 vance when authorized by the treasurer of the Gallery for

18 membership in library, museum, and art associations or

19 societies whose publications or services are available to

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

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

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

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

24 purchase or rental of devices and services for protecting

25 buildings and contents thereof, and maintenance, alter-
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1 ation, improvement, and repair of buildings, approaches,

2 and grounds; and purchase of services for restoration and

3 repair of works of art for the National Gallery of Art by

4 contracts made, without advertising, with individuals,

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

6 such terms and conditions as the Gallery may deem prop7 er, $51,315,000, of which not to exceed $3,026,000 for

8 the special exhibition program shall remain available until

9 expended.

10 REPAIR, RESTORATION AND RENOVATION OF BUILDINGS

11 For necessary expenses of repair, restoration and

12 renovation of buildings, grounds and facilities owned or

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

14 otherwise, as authorized $5,500,000, to remain available

15 until expended: Provided, That contracts awarded for envi16 ronmental systems, protection systems, and exterior repair

17 or renovation of buildings of the National Gallery of Art

18 may be negotiated with selected contractors and awarded

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

20 JOHN F. KENNEDY CENTER FOR THE PERFORMING

21 ARTS

22 OPERATIONS AND MAINTENANCE

23 For necessary expenses for the operation, mainte24 nance and security of the John F. Kennedy Center for

25 the Performing Arts, $9,800,000.
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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, $6,152,000.

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 shall be available to the National

20 Endowment for the Arts for the support of projects and

21 productions in the arts through assistance to groups and

22 individuals pursuant to section 5(c) of the Act, and for

23 administering the functions of the Act, to remain available

24 until September 30, 1997.
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1 MATCHING GRANTS

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

3 National Foundation on the Arts and the Humanities Act

4 of 1965, as amended, $17,235,000, to remain available

5 until September 30, 1997, to the National Endowment for

6 the Arts, of which $7,500,000 shall be available for pur7 poses of section 5(p)(1): Provided, That this appropriation

8 shall be available for obligation only in such amounts as

9 may be equal to the total amounts of gifts, bequests, and

10 devises of money, and other property accepted by the

11 Chairman or by grantees of the Endowment under the

12 provisions of section 10(a)(2), subsections 11(a)(2)(A)

13 and 11(a)(3)(A) during the current and preceding fiscal

14 years for which equal amounts have not previously been

15 appropriated.

16 NATIONAL ENDOWMENT FOR THE HUMANITIES

17 GRANTS AND ADMINISTRATION

18 For necessary expenses to carry out the National

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

20 as amended, $82,469,000 shall be available to the Na21 tional Endowment for the Humanities for support of ac22 tivities in the humanities, pursuant to section 7(c) of the

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

24 remain available until September 30, 1997.
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1 MATCHING GRANTS

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

3 National Foundation on the Arts and the Humanities Act

4 of 1965, as amended, $17,025,000, to remain available

5 until September 30, 1997, of which $9,180,000 shall be

6 available to the National Endowment for the Humanities

7 for the purposes of section 7(h): Provided, That this ap8 propriation shall be available for obligation only in such

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

10 bequests, and devises of money, and other property accept11 ed by the Chairman or by grantees of the Endowment

12 under the provisions of subsections 11(a)(2)(B) and

13 11(a)(3)(B) during the current and preceding fiscal years

14 for which equal amounts have not previously been appro15 priated.

16 INSTITUTE OF MUSEUM SERVICES

17 GRANTS AND ADMINISTRATION

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

19 Cultural Affairs Act of 1976, as amended, $21,000,000,

20 to remain available until September 30, 1997.

21 ADMINISTRATIVE PROVISIONS

22 None of the funds appropriated to the National

23 Foundation on the Arts and the Humanities may be used

24 to process any grant or contract documents which do not

25 include the text of 18 U.S.C. 1913: Provided, That none
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1 of the funds appropriated to the National Foundation on

2 the Arts and the Humanities may be used for official re3 ception and representation expenses.

4 COMMISSION OF FINE ARTS

5 SALARIES AND EXPENSES

6 For expenses made necessary by the Act establishing

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

8 NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS

9 For necessary expenses as authorized by Public Law

10 99–190 (99 Stat. 1261; 20 U.S.C. 956(a)), as amended,

11 $6,000,000.

12 ADVISORY COUNCIL ON HISTORIC PRESERVATION

13 SALARIES AND EXPENSES

14 For expenses necessary for the orderly closure of the

15 Advisory Council on Historic Preservation, $1,000,000:

16 Provided, That none of these funds shall be available for

17 the compensation of Executive Level V or higher positions.

18 NATIONAL CAPITAL PLANNING COMMISSION

19 SALARIES AND EXPENSES

20 For necessary expenses, as authorized by the Na21 tional Capital Planning Act of 1952 (40 U.S.C. 71–71i),

22 including services as authorized by 5 U.S.C. 3109,

23 $5,090,000: Provided, That all appointed members will be

24 compensated at a rate equivalent to the rate for Executive

25 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, to remain available until

7 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 UNITED STATES HOLOCAUST MEMORIAL COUNCIL

14 HOLOCAUST MEMORIAL COUNCIL

15 For expenses of the Holocaust Memorial Council, as

16 authorized by Public Law 96–388, as amended,

17 $28,707,000; of which $1,575,000 for the Museum’s re18 pair and rehabilitation program and $1,264,000 for the

19 Museum’s exhibition program shall remain available until

20 expended.

21 TITLE III—GENERAL PROVISIONS

22 SEC. 301. The expenditure of any appropriation

23 under this Act for any consulting service through procure24 ment contract, pursuant to 5 U.S.C. 3109, shall be limited

25 to those contracts where such expenditures are a matter
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1 of public record and available for public inspection, except

2 where otherwise provided under existing law, or under ex3 isting Executive order issued pursuant to existing law.

4 SEC. 302. No part of any appropriation under this

5 Act shall be available to the Secretary of the Interior or

6 the Secretary of Agriculture for the leasing of oil and nat7 ural gas by noncompetitive bidding on publicly owned

8 lands within the boundaries of the Shawnee National For9 est, Illinois: Provided, That nothing herein is intended to

10 inhibit or otherwise affect the sale, lease, or right to access

11 to minerals owned by private individuals.

12 SEC. 303. No part of any appropriation contained in

13 this Act shall be available for any activity or the publica14 tion or distribution of literature that in any way tends to

15 promote public support or opposition to any legislative

16 proposal on which congressional action is not complete.

17 SEC. 304. No part of any appropriation contained in

18 this Act shall remain available for obligation beyond the

19 current fiscal year unless expressly so provided herein.

20 SEC. 305. None of the funds provided in this Act to

21 any department or agency shall be obligated or expended

22 to provide a personal cook, chauffeur, or other personal

23 servants to any officer or employee of such department

24 or agency except as otherwise provided by law.
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1 SEC. 306. No assessments may be levied against any

2 program, budget activity, subactivity, or project funded by

3 this Act unless notice of such assessments and the basis

4 therefor are presented to the Committees on Appropria5 tions and are approved by such Committees.

6 SEC. 307. (a) COMPLIANCE WITH BUY AMERICAN

7 ACT.—None of the funds made available in this Act may

8 be expended by an entity unless the entity agrees that in

9 expending the funds the entity will comply with sections

10 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a–

11 10c; popularly known as the ‘‘Buy American Act’’).

12 (b) SENSE OF CONGRESS; REQUIREMENT REGARD13 ING NOTICE.—

14 (1) PURCHASE OF AMERICAN-MADE EQUIPMENT

15 AND PRODUCTS.—In the case of any equipment or

16 product that may be authorized to be purchased

17 with financial assistance provided using funds made

18 available in this Act, it is the sense of the Congress

19 that entities receiving the assistance should, in ex20 pending the assistance, purchase only American21 made equipment and products.

22 (2) NOTICE TO RECIPIENTS OF ASSISTANCE.—

23 In providing financial assistance using funds made

24 available in this Act, the head of each Federal agen25 cy shall provide to each recipient of the assistance
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1 a notice describing the statement made in paragraph

2 (1) by the Congress.

3 (c) PROHIBITION OF CONTRACTS WITH PERSONS

4 FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—

5 If it has been finally determined by a court or Federal

6 agency that any person intentionally affixed a label bear7 ing a ‘‘Made in America’’ inscription, or any inscription

8 with the same meaning, to any product sold in or shipped

9 to the United States that is not made in the United

10 States, the person shall be ineligible to receive any con11 tract or subcontract made with funds made available in

12 this Act, pursuant to the debarment, suspension, and ineli13 gibility procedures described in sections 9.400 through

14 9.409 of title 48, Code of Federal Regulations.

15 SEC. 308. None of the funds in this Act may be used

16 to plan, prepare, or offer for sale timber from trees classi17 fied as giant sequoia (sequoiadendron giganteum) which

18 are located on National Forest System or Bureau of Land

19 Management lands in a manner different than such sales

20 were conducted in fiscal year 1995.

21 SEC. 309. None of the funds made available by this

22 Act may be obligated or expended by the National Park

23 Service to enter into or implement a concession contract

24 which permits or requires the removal of the underground

25 lunchroom at the Carlsbad Caverns National Park.
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1 SEC. 310. Where the actual costs of construction

2 projects under self-determination contracts, compacts, or

3 grants, pursuant to Public Laws 93–638, 100–413, or

4 100–297, are less than the estimated costs thereof, use

5 of the resulting excess funds shall be determined by the

6 appropriate Secretary after consultation with the tribes.

7 SEC. 311. Notwithstanding Public Law 103–413,

8 quarterly payments of funds to tribes and tribal organiza9 tions under annual funding agreements pursuant to sec10 tion 108 of Public Law 93–638, as amended, may be made

11 on the first business day following the first day of a fiscal

12 quarter.

13 SEC. 312. None of funds in this Act may be used

14 for the Americorps program.

15 SEC. 313. (a) On or before April 1, 1996, the Penn16 sylvania Avenue Development Corporation shall—

17 (1) transfer and assign in accordance with this

18 section all of its rights, title, and interest in and to

19 all of the leases, covenants, agreements, and ease20 ments it has executed or will execute by March 31,

21 1996, in carrying out its powers and duties under

22 the Pennsylvania Avenue Development Corporation

23 Act (40 U.S.C. 871–885) and the Federal Triangle

24 Development Act (40 U.S.C. 1101–1109) to the

25 General Services Administration, National Capital
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1 Planning Commission, or the National Park Service;

2 and

3 (2) except as provided by subsection (d), trans4 fer all rights, title, and interest in and to all prop5 erty, both real and personal, held in the name of the

6 Pennsylvania Avenue Development Corporation to

7 the General Services Administration.

8 (b) The responsibilities of the Pennsylvania Avenue

9 Development Corporation transferred to the General Serv10 ices Administration under subsection (a) include, but are

11 not limited to, the following:

12 (1) Collection of revenue owed the Federal Gov13 ernment as a result of real estate sales or lease

14 agreements entered into by the Pennsylvania Avenue

15 Development Corporation and private parties, in16 cluding, at a minimum, with respect to the following

17 projects:

18 (A) The Willard Hotel property on Square

19 225.

20 (B) The Gallery Row project on Square

21 457.

22 (C) The Lansburgh’s project on Square

23 431.

24 (D) The Market Square North project on

25 Square 407.
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1 (2) Collection of sale or lease revenue owed the

2 Federal Government (if any) in the event two unde3 veloped sites owned by the Pennsylvania Avenue De4 velopment Corporation on Squares 457 and 406 are

5 sold or leased prior to April 1, 1996.

6 (3) Application of collected revenue to repay

7 United States Treasury debt incurred by the Penn8 sylvania Avenue Development Corporation in the

9 course of acquiring real estate.

10 (4) Performing financial audits for projects in

11 which the Pennsylvania Avenue Development Cor12 poration has actual or potential revenue expectation,

13 as identified in paragraphs (1) and (2), in accord14 ance with procedures describe in applicable sale or

15 lease agreements.

16 (5) Disposition of real estate properties which

17 are or become available for sale and lease or other

18 uses.

19 (6) Payment of benefits in accordance with the

20 Uniform Relocation Assistance and Real Property

21 Acquisitions Policies Act of 1970 to which persons

22 in the project area squares are entitled as a result

23 of the Pennsylvania Avenue Development Corpora24 tion’s acquisition of real estate.
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1 (7) Carrying out the responsibilities of the

2 Pennsylvania Avenue Development Corporation

3 under the Federal Triangle Development Act (40

4 U.S.C. 1101–1109), including responsibilities for

5 managing assets and liabilities of the Corporation

6 under such Act.

7 (c) In carrying out the responsibilities of the Penn8 sylvania Avenue Development Corporation transferred

9 under this section, the Administrator of the General Serv10 ices Administration shall have the following powers:

11 (1) To acquire lands, improvements, and prop12 erties by purchase, lease or exchange, and to sell,

13 lease, or otherwise dispose of real or personal prop14 erty as necessary to complete the development plan

15 developed under section 5 of the Pennsylvania Ave16 nue Development Corporation Act of 1972 (40

17 U.S.C. 874) if a notice of intention to carry out such

18 acquisition or disposal is first transmitted to the

19 Committee on Transportation and Infrastructure

20 and the Committee on Appropriations of the House

21 of Representatives and the Committee on Environ22 ment and Public Works and the Committee on Ap23 propriations of the Senate and at least 60 days

24 elapse after the date of such transmission.
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1 (2) To modify from time to time the plan re2 ferred to in paragraph (1) if such modification is

3 first transmitted to the Committee on Transpor4 tation and Infrastructure and the Committee on Ap5 propriations of the House of Representatives and the

6 Committee on Environment and Public Works and

7 the Committee on Appropriations of the Senate and

8 at least 60 days elapse after the date of such trans9 mission.

10 (3) To maintain any existing Pennsylvania Ave11 nue Development Corporation insurance programs.

12 (4) To enter into and perform such leases, con13 tracts, or other transactions with any agency or in14 strumentality of the United States, the several

15 States, or the District of Columbia or with any per16 son, firm, association, or corporation as may be nec17 essary to carry out the responsibilities of the Penn18 sylvania Avenue Development Corporation under the

19 Federal Triangle Development Act (40 U.S.C.

20 1101–1109).

21 (5) To request the Council of the District of

22 Columbia to close any alleys necessary for the com23 pletion of development in Square 457.

24 (6) To use all of the funds transferred from the

25 Pennsylvania Avenue Development Corporation or
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1 income earned on Pennsylvania Avenue Development

2 Corporation property to complete any pending devel3 opment projects.

4 (d)(1)(A) On or before April 1, 1996, the Pennsylva5 nia Avenue Development Corporation shall transfer all its

6 right, title, and interest in and to the property described

7 in subparagraph (B) to the National Park Service, De8 partment of the Interior.

9 (B) The property referred to in subparagraph (A) is

10 the property located within the Pennsylvania Avenue Na11 tional Historic Site depicted on a map entitled ‘‘Penn12 sylvania Avenue National Historic Park’’, dated June 1,

13 1995, and numbered 840–82441, which shall be on file

14 and available for public inspection in the offices of the Na15 tional Park Service, Department of the Interior. The

16 Pennsylvania Avenue National Historic Site includes the

17 parks, plazas, sidewalks, special lighting, trees, sculpture,

18 and memorials.

19 (2) Jurisdiction of Pennsylvania Avenue and all other

20 roadways from curb to curb shall remain with the District

21 of Columbia but vendors shall not be permitted to occupy

22 street space except during temporary special events.

23 (3) The National Park Service shall be responsible

24 for management, administration, maintenance, law en25 forcement, visitor services, resource protection, interpreta-
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1 tion, and historic preservation at the Pennsylvania Avenue

2 National Historic Site.

3 (4) The National Park Service may enter into con4 tracts, cooperative agreements, or other transactions with

5 any agency or instrumentality of the United States, the

6 several States, or the District of Columbia or with any

7 person, firm, association, or corporation as may be deemed

8 necessary or appropriate for the conduct of special events,

9 festivals, concerts, or other art and cultural programs at

10 the Pennsylvania Avenue National Historic Site or may

11 establish a nonprofit foundation to solicit funds for such

12 activities.

13 (e) Notwithstanding any other provision of law, the

14 responsibility for ensuring that development or redevelop15 ment in the Pennsylvania Avenue area is carried out in

16 accordance with the Pennsylvania Avenue Development

17 Corporation Plan—1974, as amended, is transferred to

18 the National Capital Planning Commission or its succes19 sor commencing April 1, 1996.

20 (f) SAVINGS PROVISIONS.—

21 (1) REGULATIONS.—Any regulations prescribed

22 by the Corporation in connection with the Penn23 sylvania Avenue Development Corporation Act of

24 1972 (40 U.S.C. 871–885) and the Federal Triangle

25 Development Act (40 U.S.C. 1101–1109) shall con-
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1 tinue in effect until suspended by regulations pre2 scribed by the Administrator of the General Services

3 Administration.

4 (2) EXISTING RIGHTS, DUTIES, AND OBLIGA5 TIONS NOT AFFECTED.—Subsection (a) shall not be

6 construed as affecting the validity of any right, duty,

7 or obligation of the United States or any other per8 son arising under or pursuant to any contract, loan,

9 or other instrument or agreement which was in ef10 fect on the day before the date of the transfers

11 under subsection (a).

12 (3) CONTINUATION OF SUITS.—No action or

13 other proceeding commenced by or against the Cor14 poration in connection with administration of the

15 Pennsylvania Avenue Development Corporation Act

16 of 1972 (40 U.S.C. 871–885) and the Federal Tri17 angle Development Act (40 U.S.C. 1101–1109) shall

18 abate by reason of enactment and implementation of

19 this Act, except that the General Services Adminis20 tration shall be substituted for the Corporation as a

21 party to any such action or proceeding.

22 (g) Section 3(b) of the Pennsylvania Avenue Develop23 ment Corporation Act of 1972 (40 U.S.C. 872(b)) is

24 amended as follows:
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1 ‘‘(b) The Corporation shall be dissolved on April 1,

2 1996. Upon dissolution, assets, obligations, and indebted3 ness of the Corporation shall be transferred in accordance

4 with the Department of the Interior and Related Agencies

5 Appropriations Act, 1996.’’.

6 SEC. 314. (a) Except as provided in subsection (b),

7 no part of any appropriation contained in this Act or any

8 other Act shall be obligated or expended for the operation

9 or implementation of the Interior Columbia River Basin

10 Ecoregion Assessment Project (hereinafter ‘‘Project’’).

11 (b) From the funds appropriated to the Forest Serv12 ice and the Bureau of Land Management, $600,000 is

13 made available to publish by January 1, 1996, for peer

14 review and public comment, the scientific information col15 lected, and analysis undertaken, by the Project prior to

16 the date of enactment of this Act concerning forest health

17 conditions and forest management needs related to those

18 conditions.

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

20 Service, the Secretary of Agriculture (hereinafter ‘‘Sec21 retary’’) shall—

22 (A) review the land and resource management

23 plan (hereinafter ‘‘plan’’) for each national forest

24 within the area encompassed by the Project and any

25 policy which is applicable to such plan (whether or
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1 not such policy is final or draft, or has been added

2 to such plan by amendment), which is or is intended

3 to be of limited duration, and which the Project was

4 tasked to address; and

5 (B) determine whether such policy modified to

6 meet the specific conditions of such national forest,

7 or another policy which serves the purpose of such

8 policy, should be adopted for such national forest.

9 (2) If the Secretary makes a decision that such a

10 modified or alternative policy should be adopted for such

11 national forest, the Secretary shall prepare and adopt for

12 the plan for such national forest an amendment which

13 contains such policy, which is directed solely to and affects

14 only such plan, and which addresses the specific conditions

15 of the national forest and the relationship of such policy

16 to such conditions.

17 (3) To the maximum extent practicable, any amend18 ment prepared pursuant to paragraph (2) shall establish

19 procedures to develop site-specific standards in lieu of im20 posing general standards applicable to multiple sites. Any

21 amendment which would result in any change in land allo22 cations within the plan or reduce the likelihood of achieve23 ment of the goals and objectives of the plan (prior to any

24 previous amendment incorporating in the plan any policy

25 referred to in paragraph (1)(A)) shall be deemed a signifi-
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1 cant plan amendment pursuant to section 6(f)(4) of the

2 Forest and Rangeland Renewable Resources Planning Act

3 of 1974 (16 U.S.C. 1604(f)(4)).

4 (4) Any amendment prepared pursuant to paragraph

5 (2) which adopts a modified or alternative policy to sub6 stitute for a policy referred to in paragraph (1)(A) which

7 has undergone consultation pursuant to section 7 of the

8 Endangered Species Act of 1973 shall not again be subject

9 to the consultation provisions of such section 7. No further

10 consultation shall be undertaken on any policy referred to

11 in paragraph (1)(A).

12 (5) Any amendment prepared pursuant to paragraph

13 (2) shall be adopted on or before March 31, 1996: Pro14 vided, That any amendment deemed a significant amend15 ment pursuant to paragraph (3) shall be adopted on or

16 before June 30, 1996.

17 (6) No policy referred to in paragraph (1)(A) shall

18 be effective on or after April 1, 1996.

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

22 Service) and the Secretary of Agriculture (acting through

23 the Forest Service) shall each implement a fee program

24 to demonstrate the feasibility of user-generated cost recov-
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1 ery for the operation and maintenance of recreation 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

7 as many as 30, sites or projects for fee demonstration.

8 For each such demonstration, the Secretary, notwith9 standing any other provision of law—

10 (1) shall charge and collect fees for admission

11 to the area or for the use of outdoor recreation sites,

12 facilities, visitor centers, equipment, and services by

13 individuals 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 with any public or private en19 tity to provide visitor services, including reservations

20 and information, and may accept services of volun21 teers to collect fees charged pursuant to paragraph

22 (1); and

23 (4) may encourage private investment and partner24 ships to enhance the delivery of quality customer services
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1 and resource enhancement, and provide appropriate rec2 ognition to such partners or investors.

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

4 site in excess of 104 percent of that site’s total collections

5 during the previous fiscal year shall be distributed as fol6 lows:

7 (i) Eighty percent of the amounts collected at

8 the demonstration site shall be deposited in a special

9 account in the Treasury established for the adminis10 trative unit in which the project is located and shall

11 remain available for expenditure in accordance with

12 paragraph (3) for further activities of the site or

13 project.

14 (ii) Twenty percent of the amounts collected at

15 the demonstration site shall be deposited in a special

16 account in the Treasury for each agency and shall

17 remain available for expenditure in accordance with

18 paragraph (3) for use on an agencywide basis.

19 (2) For purposes of this subsection, ‘‘total collec20 tions’’ for each site shall be defined as gross collections

21 before any reduction for amounts attributable to collection

22 costs.

23 (3) Expenditures from the special funds shall be ac24 counted for separately.
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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

5 concerned, for backlogged repair and maintenance projects

6 (including projects relating to health and safety) and for

7 interpretation, signage, habitat or facility enhancement,

8 resource preservation, annual operation, maintenance, and

9 law enforcement relating to public use. The agencywide

10 accounts may be used for the same purposes set forth in

11 the preceding sentence, but for sites or projects selected

12 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

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

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

19 the Act of June 14, 1926 (43 U.S.C. 869–4), chapter 69

20 of title 31, United States Code, section 401 of the Act

21 of June 15, 1935 (16 U.S.C. 715s), the Land and Water

22 Conservation Fund Act of 1965 (16 U.S.C. 460l), and any

23 other provision of 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

2 of Agriculture shall carry out this section without promul3 gating regulations.

4 (f) The authority to collect fees under this section

5 shall commence on October 1, 1995, and end on Septem6 ber 30, 1996. Funds in accounts established shall remain

7 available through September 30, 1997.

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 This Act may be cited as the ‘‘Department of the In2 terior and Related Agencies Appropriations Act, 1996’’.

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Union Calendar No. 84

104TH CONGRESS

1ST SESSION H. R. 1977

[Report No. 104–173]

A BILL

Making appropriations for the Department of the

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

JUNE 30, 1995

Committed to the Committee of the Whole House on the

State of the Union and ordered to be printed