IB

104TH CONGRESS

1ST SESSION H. R. 1977

IN THE HOUSE OF REPRESENTATIVES

AUGUST 10, 1995

Ordered to be printed with the amendments of the Senate numbered

AN ACT

Making appropriations for the Department of the Interior

and related agencies for the fiscal year ending September

30, 1996, and for other purposes.

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

3 That the following sums are appropriated, out of any

4 money in the Treasury not otherwise appropriated, for the

5 Department of the Interior and related agencies for the

6 fiscal year ending September 30, 1996, and for other pur7 poses, namely:

8 TITLE I—DEPARTMENT OF THE INTERIOR

9 BUREAU OF LAND MANAGEMENT

10 MANAGEMENT OF LANDS AND RESOURCES

11 For expenses necessary for protection, use, improve12 ment, development, disposal, cadastral surveying, classi-
2

HR 1977 PP

1 fication, acquisition of easements and other interests in

2 lands, and performance of other functions, including main3 tenance of facilities, as authorized by law, in the manage4 ment of lands and their resources under the jurisdiction

5 of the Bureau of Land Management, including the general

6 administration of the Bureau Ω1æ$570,017,000

7 $565,936,000, to remain available until expendedΩ2æ,–of

8 which not more than $599,999 shall be available to the

9 Needles Resources Area for the management of the East

10 Mojave National Scenic Area, as defined by the Bureau

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

12 California Desert District of the Bureau of Land Manage13 ment, and of which $4,000,000 shall be derived from the

14 special receipt account established by section 4 of the

15 Land and Water Conservation Fund Act of 1965, as

16 amended (16 U.S.C. 460l–6a(i)): Provided, That appro17 priations herein made shall not be available for the de18 struction of healthy, unadopted, wild horses and burros

19 in the care of the Bureau or its contractors; and in addi20 tion, $27,650,000 for Mining Law Administration pro21 gram operations, to remain available until expended, to

22 be reduced by amounts collected by the Bureau of Land

23 Management and credited to this appropriation from an24 nual mining claim fees so as to result in a final appropria25 tion estimated at not more than Ω3æ$570,017,000
3

HR 1977 PP

1 $563,936,000: Provided further, That in addition to funds

2 otherwise available, and to remain available until ex3 pended, not to exceed $5,000,000 from annual mining

4 claim fees shall be credited to this account for the costs

5 of administering the mining claim fee program, and

6 $2,000,000 from communication site rental fees estab7 lished by the Bureau.

8 WILDLAND FIRE MANAGEMENT

9 For necessary expenses for fire use and management,

10 fire preparedness, emergency presuppression, suppression

11 operations, emergency rehabilitation, and renovation or

12 construction of fire facilities in the Department of the In13 terior, Ω4æ$235,924,000 $240,159,000, to remain available

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

15 be available for the renovation or construction of fire fa16 cilities: Provided, That notwithstanding any other provi17 sion of law, persons hired pursuant to 43 U.S.C. 1469

18 may be furnished subsistence and lodging without cost

19 from funds available from this appropriation: Provided

20 further, That such funds are also available for repayment

21 of advances to other appropriation accounts from which

22 funds were previously transferred for such purposes: Pro23 vided further, That unobligated balances of amounts pre24 viously appropriated to the Fire Protection and Emer25 gency Department of the Interior Firefighting Fund may

26 be transferred or merged with this appropriation.
4

HR 1977 PP

1 CENTRAL HAZARDOUS MATERIALS FUND

2 For expenses necessary for use by the Department

3 of the Interior and any of its component offices and bu4 reaus for the remedial action, including associated activi5 ties, of hazardous waste substances, pollutants, or con6 taminants pursuant to the Comprehensive Environmental

7 Response, Compensation and Liability Act, as amended

8 (42 U.S.C. 9601 et seq.), $10,000,000, to remain available

9 until expended: Provided, That, notwithstanding 31

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

11 advance of or as reimbursement for remedial action or re12 sponse activities conducted by the Department pursuant

13 to sections 107 or 113(f) of the Comprehensive Environ14 mental Response, Compensation and Liability Act, as

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

16 to this account and shall be available without further ap17 propriation and shall remain available until expended: Pro18 vided further, That such sums recovered from or paid by

19 any party are not limited to monetary payments and may

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

21 which may be retained, liquidated, or otherwise disposed

22 of by the Secretary of the Interior and which shall be cred23 ited to this account.

24 CONSTRUCTION AND ACCESS

25 For acquisition of lands and interests therein, and

26 construction of buildings, recreation facilities, roads,
5

HR 1977 PP

1 trails, and appurtenant facilities, Ω5æ$2,515,000

2 $2,615,000, to remain available until expended.

3 PAYMENTS IN LIEU OF TAXES

4 For expenses necessary to implement the Act of Octo5 ber 20, 1976, as amended (31 U.S.C. 6901–07),

6 Ω6æ$111,409,000 $100,000,000, of which not to exceed

7 $400,000 shall be available for administrative expenses.

8 LAND ACQUISITION

9 For expenses necessary to carry out the provisions

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

11 including administrative expenses and acquisition of lands

12 or waters, or interests therein, Ω7æ$8,500,000

13 $10,550,000 to be derived from the Land and Water Con14 servation Fund, to remain available until expended.

15 OREGON AND CALIFORNIA GRANT LANDS

16 For expenses necessary for management, protection,

17 and development of resources and for construction, oper18 ation, and maintenance of access roads, reforestation, and

19 other improvements on the revested Oregon and California

20 Railroad grant lands, on other Federal lands in the Or21 egon and California land-grant counties of Oregon, and

22 on adjacent rights-of-way; and acquisition of lands or in23 terests therein including existing connecting roads on or

24 adjacent to such grant lands; Ω8æ$91,387,000

25 $95,364,000, to remain available until expended: Provided,

26 That 25 per centum of the aggregate of all receipts during
6

HR 1977 PP

1 the current fiscal year from the revested Oregon and Cali2 fornia Railroad grant lands is hereby made a charge

3 against the Oregon and California land-grant fund and

4 shall be transferred to the General Fund in the Treasury

5 in accordance with the provisions of the second paragraph

6 of subsection (b) of title II of the Act of August 28, 1937

7 (50 Stat. 876).

8 RANGE IMPROVEMENTS

9 For rehabilitation, protection, and acquisition of

10 lands and interests therein, and improvement of Federal

11 rangelands pursuant to section 401 of the Federal Land

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

13 notwithstanding any other Act, sums equal to 50 per cen14 tum of all moneys received during the prior fiscal year

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

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

17 improvements from grazing fees and mineral leasing re18 ceipts from Bankhead-Jones lands transferred to the De19 partment of the Interior pursuant to law, but not less than

20 $9,113,000, to remain available until expended: Provided,

21 That not to exceed $600,000 shall be available for admin22 istrative expenses.

23 SERVICE CHARGES, DEPOSITS, AND FORFEITURES

24 For administrative expenses and other costs related

25 to processing application documents and other authoriza26 tions for use and disposal of public lands and resources,
7

HR 1977 PP

1 for costs of providing copies of official public land docu2 ments, for monitoring construction, operation, and termi3 nation of facilities in conjunction with use authorizations,

4 and for rehabilitation of damaged property, such amounts

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

6 305(a), and 504(g) of the Act approved October 21, 1976

7 (43 U.S.C. 1701), and sections 101 and 203 of Public

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

9 Provided, That notwithstanding any provision to the con10 trary of section 305(a) of the Act of October 21, 1976

11 (43 U.S.C. 1735(a)), any moneys that have been or will

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

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

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

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

16 under the authority of this or subsequent appropriations

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

18 any public lands administered through the Bureau of

19 Land Management which have been damaged by the ac20 tion of a resource developer, purchaser, permittee, or any

21 unauthorized person, without regard to whether all mon22 eys collected from each such forfeiture, compromise, or

23 settlement are used on the exact lands damage to which

24 led to the forfeiture, compromise, or settlement: Provided
8

HR 1977 PP

1 further, That such moneys are in excess of amounts need2 ed to repair damage to the exact land for which collected.

3 MISCELLANEOUS TRUST FUNDS

4 In addition to amounts authorized to be expended

5 under existing law, there is hereby appropriated such

6 amounts as may be contributed under section 307 of the

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

8 amounts as may be advanced for administrative costs, sur9 veys, appraisals, and costs of making conveyances of omit10 ted lands under section 211(b) of that Act, to remain

11 available until expended.

12 ADMINISTRATIVE PROVISIONS

13 Appropriations for the Bureau of Land Management

14 shall be available for purchase, erection, and dismantle15 ment of temporary structures, and alteration and mainte16 nance of necessary buildings and appurtenant facilities to

17 which the United States has title; up to $100,000 for pay18 ments, at the discretion of the Secretary, for information

19 or evidence concerning violations of laws administered by

20 the Bureau of Land Management; miscellaneous and

21 emergency expenses of enforcement activities authorized

22 or approved by the Secretary and to be accounted for sole23 ly on his certificate, not to exceed $10,000: Provided, That

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

25 cooperative cost-sharing and partnership arrangements

26 authorized by law, procure printing services from coopera-
9

HR 1977 PP

1 tors in connection with jointly-produced publications for

2 which the cooperators share the cost of printing either in

3 cash or in services, and the Bureau determines the co4 operator is capable of meeting accepted quality standards.

5 UNITED STATES FISH AND WILDLIFE SERVICE

6 RESOURCE MANAGEMENT

7 For expenses necessary for scientific and economic

8 studies, conservation, management, investigations, protec9 tion, and utilization of fishery and wildlife resources, ex10 cept whales, seals, and sea lions, and for the performance

11 of other authorized functions related to such resources; for

12 the general administration of the United States Fish and

13 Wildlife Service; and for maintenance of the herd of long14 horned cattle on the Wichita Mountains Wildlife Refuge;

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

16 within the scope of the approved budget which shall be

17 carried out by the Youth Conservation Corps as author18 ized by the Act of August 13, 1970, as amended by Public

19 Law 93–408, Ω9æ$498,035,000 (less $885,000) to remain

20 available for obligation until September 30, 1997,

21 $501,478,000, to remain available for obligation until Sep22 tember 30, 1997, of which not less than $3,800,000 shall

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

24 be made available for consultation activities, and

25 $36,500,000 shall be made available for recovery activities,
10

HR 1977 PP

1 and of which $11,557,000 shall be Ω10æavailable until ex2 pended for operation and maintenance of fishery mitiga3 tion facilities constructed by the Corps of Engineers under

4 the Lower Snake River Compensation Plan, authorized by

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

6 2921), to compensate for loss of fishery resources from

7 water development projects on the Lower Snake River:

8 Provided, That unobligated and unexpended balances in

9 the Resource Management account at the end of fiscal

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

11 fiscal year 1996 Resource Management appropriation, and

12 shall remain available for obligation until September 30,

13 1997Ω11æ: Provided further, That no monies appropriated

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

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

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

17 such time as legislation reauthorizing the Act is enacted or

18 until the end of fiscal year 1996, whichever is earlier, except

19 that monies appropriated under this Act may be used to

20 delist or reclassify species pursuant to subsections

21 4(a)(2)(B), 4(c)(2)(B)(i), and 4(c)(2)(B)(ii) of the Act.

22 CONSTRUCTION

23 For construction and acquisition of buildings and

24 other facilities required in the conservation, management,

25 investigation, protection, and utilization of fishery and

26 wildlife resources, and the acquisition of lands and inter-
11

HR 1977 PP

1 ests therein; Ω12æ$26,355,000 $38,775,000, to remain

2 available until expended.

3 NATURAL RESOURCE DAMAGE ASSESSMENT FUND

4 To conduct natural resource damage assessment ac5 tivities by the Department of the Interior necessary to

6 carry out the provisions of the Comprehensive Environ7 mental Response, Compensation, and Liability Act, as

8 amended (42 U.S.C. 9601, et seq.), Federal Water Pollu9 tion Control Act, as amended (33 U.S.C. 1251, et seq.),

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

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

12 Ω13æ$6,019,000 $4,000,000, to remain available until ex13 pended: Provided, That sums provided by any party in fis14 cal year 1996 and thereafter are not limited to monetary

15 payments and may include stocks, bonds or other personal

16 or real property, which may be retained, liquidated or oth17 erwise disposed of by the Secretary and such sums or

18 properties shall be utilized for the restoration of injured

19 resources, and to conduct new damage assessment activi20 ties.

21 LAND ACQUISITION

22 For expenses necessary to carry out the provisions

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

24 as amended (16 U.S.C. 460l–4–11), including administra25 tive expenses, and for acquisition of land or waters, or in26 terest therein, in accordance with statutory authority ap-
12

HR 1977 PP

1 plicable to the United States Fish and Wildlife Service,

2 Ω14æ$14,100,000 $32,031,000, to be derived from the

3 Land and Water Conservation Fund, to remain available

4 until expended.

5 COOPERATIVE ENDANGERED SPECIES CONSERVATION

6 FUND

7 For expenses necessary to carry out the provisions

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

9 1543), as amended by Public Law 100–478, $8,085,000

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

11 Endangered Species Conservation Fund, and to remain

12 available until expended.

13 NATIONAL WILDLIFE REFUGE FUND

14 For expenses necessary to implement the Act of Octo15 ber 17, 1978 (16 U.S.C. 715s), $10,779,000.

16 REWARDS AND OPERATIONS

17 For expenses necessary to carry out the provisions

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

19 4201–4203, 4211–4213, 4221–4225, 4241–4245, and

20 1538), $600,000, to remain available until expended.

21 NORTH AMERICAN WETLANDS CONSERVATION FUND

22 For expenses necessary to carry out the provisions

23 of the North American Wetlands Conservation Act, Public

24 Law 101–233, Ω15æ$4,500,000 $6,750,000, to remain

25 available until expended.
13

HR 1977 PP

1 LAHONTAN VALLEY AND PYRAMID LAKE FISH AND

2 WILDLIFE FUND

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

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

5 be credited hereafter to the Lahontan Valley and Pyramid

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

8 RHINOCEROS AND TIGER CONSERVATION FUND

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

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

13 WILDLIFE CONSERVATION AND APPRECIATION FUND

14 For deposit to the Wildlife Conservation and Appre15 ciation Fund, Ω16æ$998,000 $800,000, to remain available

16 until expendedΩ17æ,–to be available for carrying out the

17 Partnerships for Wildlife Act only to the extent such funds

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

19 ADMINISTRATIVE PROVISIONS

20 Appropriations and funds available to the United

21 States Fish and Wildlife Service shall be available for pur22 chase of not to exceed Ω18æ54 passenger 113 motor

23 vehiclesΩ19æ,–none of which are for police-type use; not

24 to exceed $400,000 for payment, at the discretion of the

25 Secretary, for information, rewards, or evidence concern26 ing violations of laws administered by the United States
14

HR 1977 PP

1 Fish and Wildlife Service, and miscellaneous and emer2 gency expenses of enforcement activities, authorized or ap3 proved by the Secretary and to be accounted for solely on

4 his certificate; repair of damage to public roads within and

5 adjacent to reservation areas caused by operations of the

6 United States Fish and Wildlife Service; options for the

7 purchase of land at not to exceed $1 for each option; facili8 ties incident to such public recreational uses on conserva9 tion areas as are consistent with their primary purpose;

10 and the maintenance and improvement of aquaria, build11 ings, and other facilities under the jurisdiction of the Unit12 ed States Fish and Wildlife Service and to which the Unit13 ed States has title, and which are utilized pursuant to law

14 in connection with management and investigation of fish

15 and wildlife resources: Provided, That notwithstanding 44

16 U.S.C. 501, the Service may, under cooperative cost shar17 ing and partnership arrangements authorized by law, pro18 cure printing services from cooperators in connection with

19 jointly-produced publications for which the cooperators

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

21 or services and the Service determines the cooperator is

22 capable of meeting accepted quality standardsΩ20æ: Pro23 vided further, That the United States Fish and Wildlife

24 Service may accept donated aircraft as replacements for ex25 isting aircraft: Provided further, That notwithstanding any
15

HR 1977 PP

1 other provision of law, the Secretary of the Interior may

2 not spend any of the funds appropriated in this Act for

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

4 the establishment of any new unit of the National Wildlife

5 Refuge System unless the purchase is approved in advance

6 by the House and Senate Committees on Appropriations

7 in compliance with the reprogramming procedures con8 tained in House Report 103–551Ω21æ:–Provided further,

9 That none of the funds made available in this Act may

10 be used by the U.S. Fish and Wildlife Service to impede

11 or delay the issuance of a wetlands permit by the U.S.

12 Army Corps of Engineers to the City of Lake Jackson,

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

14 of Buffalo Camp Bayou between the Brazos River and

15 Highway 332Ω22æ: Provided further, That notwithstanding

16 the Emergency Wetlands Resources Act of 1986 (16 U.S.C.

17 3911), amounts collected from the sale of admissions per18 mits and from fees collected at units of the Fish and Wildlife

19 Service for fiscal year 1996 shall be available for use by

20 the Fish and Wildlife Service pursuant to paragraph (c)(4)

21 of section 315 of this ActΩ23æ: Provided further, That with

22 respect to lands leased for farming pursuant to Public Law

23 88–567, none of the funds in this Act may be used to de24 velop, implement, or enforce regulations or policies (includ25 ing pesticide use proposals) related to the use of chemicals
16

HR 1977 PP

1 and pest management that are more restrictive than the re2 quirements of applicable State and Federal laws related to

3 the use of chemicals and pest management practices on non4 Federal lands.

5 Ω24æNATURAL RESOURCES SCIENCE AGENCY

6 RESEARCH, INVENTORIES, AND SURVEYS

7 For authorized expenses necessary for scientific re8 search relating to species biology, population dynamics,

9 and ecosystems; inventory and monitoring activities; tech10 nology development and transfer; the operation of Coopera11 tive Research Units; for the purchase of not to exceed 61

12 passenger motor vehicles, of which 55 are for replacement

13 only; and for the general administration of the National

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

15 $145,915,000 shall remain available until September 30,

16 1997, and of which $50,000 shall remain available until

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

18 under this head shall be used to conduct new surveys, in19 cluding new aerial surveys, on private property unless spe20 cifically authorized in writing by the property owner: Pro21 vided further, That none of the funds provided herein for

22 resource research may be used to administer a volunteer

23 program when it is made known to the Federal official hav24 ing authority to obligate or expend such funds that the vol25 unteers are not properly trained or that information gath-
17

HR 1977 PP

1 ered by the volunteers is not carefully verified: Provided fur2 ther, That no later than April 1, 1996, the Assistant Sec3 retary for Water and Science shall issue agency guidelines

4 for resource research that ensure that scientific and tech5 nical peer review is used as fully as possible in selection

6 of projects for funding and ensure the validity and reliabil7 ity of research and data collection on Federal lands: Pro8 vided further, That no funds available for resource research

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

10 to the establishment of the National Biological Survey: Pro11 vided further, That once every five years the National Acad12 emy of Sciences shall review and report on the resource re13 search activities of the agency: Provided further, That if

14 specific authorizing legislation is enacted during or before

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

16 the provisions of that legislation.

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
18

HR 1977 PP

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 Ω25æ$1,088,249,000 $1,092,265,000, without regard to

6 the Act of August 24, 1912, as amended (16 U.S.C. 451),

7 of which not to exceed $72,000,000, to remain available

8 until expended is to be derived from the special fee account

9 established pursuant to title V, section 5201, of Public

10 Law 100–203Ω26æ,–and of which not more than $1 shall

11 be available for activies of the National Park Service at

12 the Mojave National Preserve.

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,

19 Ω27æ$35,725,000 $38,094,000: Provided, That

20 Ω28æ$248,000 $236,000 of the funds provided herein are

21 for the William O. Douglas Outdoor Education Center,

22 subject to authorization.

23 HISTORIC PRESERVATION FUND

24 For expenses necessary in carrying out the provisions

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

26 as amended (16 U.S.C. 470), Ω29æ$37,934,000
19

HR 1977 PP

1 $38,312,000, to be derived from the Historic Preservation

2 Fund, established by section 108 of that Act, as amended,

3 to remain available for obligation until September 30,

4 1997.

5 CONSTRUCTION

6 For construction, improvements, repair or replace7 ment of physical facilities, Ω30æ$114,868,000

8 $116,480,000, to remain available until expended: Pro9 vided, That not to exceed Ω31æ$6,000,000 $4,500,000

10 shall be paid to the Army Corps of Engineers for modifica11 tions authorized by section 104 of the Everglades National

12 Park Protection and Expansion Act of 1989Ω32æ: Pro13 vided further, That funds provided under this head, derived

14 from the Historic Preservation Fund, established by the

15 Historic Preservation Act of 1966 (80 Stat. 915), as amend16 ed (16 U.S.C. 470), may be available until expended to

17 render sites safe for visitors and for building stabilization.

18 LAND AND WATER CONSERVATION FUND

19 (RESCISSION)

20 The contract authority provided for fiscal year 1996

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

22 LAND ACQUISITION AND STATE ASSISTANCE

23 For expenses necessary to carry out the provisions

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

25 as amended (16 U.S.C. 460l–4–11), including administra26 tive expenses, and for acquisition of lands or waters, or
20

HR 1977 PP

1 interest therein, in accordance with statutory authority

2 applicable to the National Park Service, Ω33æ$14,300,000

3 $45,187,000, to be derived from the Land and Water Con4 servation Fund, to remain available until expendedΩ34æ,–

5 of which $4,800,000 is provided for Federal assistance to

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

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

8 programΩ35æ: Provided, That funds appropriated herein

9 for the purpose of acquisition of the Elwha and Glines dams

10 shall be used solely for acquisition, and shall not be ex11 pended until the full purchase amount has been appro12 priated by the Congress.

13 ADMINISTRATIVE PROVISIONS

14 Appropriations for the National Park Service shall be

15 available for the purchase of not to exceed 518 passenger

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

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

18 and 5 ambulances: Provided, That none of the funds ap19 propriated to the National Park Service may be used to

20 process any grant or contract documents which do not in21 clude the text of 18 U.S.C. 1913: Provided further, That

22 none of the funds appropriated to the National Park Serv23 ice may be used to implement an agreement for the rede24 velopment of the southern end of Ellis Island Ω36æuntil

25 such agreement has been submitted to the Congress and shall

26 not be implemented prior to the expiration of 30 calendar
21

HR 1977 PP

1 days (not including any day in which either House of Con2 gress is not in session because of adjournment of more than

3 three calendar days to a day certain) from the receipt by

4 the Speaker of the House of Representatives and the Presi5 dent of the Senate of a full and comprehensive report on

6 the development of the southern end of Ellis Island, includ7 ing the facts and circumstances relied upon in support of

8 the proposed project.

9 Ω37æNone of the funds in this Act may be spent by

10 the National Park Service for a United Nations

11 Biodiversity Initiative in the United States.

12 Ω38æNotwithstanding other provision of law, the Na13 tional Park Service’s American Battlefield Protection Pro14 gram may enter into cooperative agreements, grants, con15 tracts, or other generally accepted means of financial assist16 ance with Federal, State, local, and tribal governments;

17 other public entities; educational institutions; and private,

18 non-profit organizations for the purpose of identifying,

19 evaluating, and protecting historic battlefields and associ20 ated sites.

21 Ω39æThe National Park Service shall, within existing

22 funds, conduct a Feasibility Study for a northern access

23 route into Denali National Park and preserve in Alaska,

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

25 Act and submitted to the Senate Committee on Energy and
22

HR 1977 PP

1 Natural Resources and the House Committee on Resources.

2 The Feasibility Study shall ensure that resource impacts

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

4 accurate information and according to a process that takes

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

6 of alternatives, the viewpoints of all interested parties, in7 cluding the tourism industry and the State of Alaska, and

8 potential needs for compliance with the National Environ9 mental Policy Act. The Study shall also address the time

10 required for development of alternatives and identify all as11 sociated costs.

12 This Feasibility Study shall be conducted solely by Na13 tional Park Service planning personnel permanently as14 signed to National Park Service offices located in the State

15 of Alaska in consultation with the State of Alaska Depart16 ment of Transportation.

17 Ω40æConsistent with existing law and policy, the Na18 tional Park Service shall, within the funds provided by this

19 Act, at the request of the University of Alaska Fairbanks,

20 enter into negotiations regarding a memorandum of under21 standing for the continued use of the Stampede Creek Mine

22 property consistent with the length and terms of prior

23 memoranda of understanding between the National Park

24 Service and the University of Alaska Fairbanks: Provided,

25 That within the funds provided, the National Park Service
23

HR 1977 PP

1 shall undertake an assessment of damage and provide the

2 appropriate committees of the Senate and House of Rep3 resentatives, no later than May 1, 1996, cost estimates for

4 the reconstruction of those facilities and equipment which

5 were damaged or destroyed as a result of the incident that

6 occurred on April 30, 1987 at Stampede Creek within the

7 boundaries of Denali National Park and Preserve: Provided

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

9 University of Alaska Fairbanks to winterize equipment and

10 materials, located on the Stampede Creek mine property in

11 Denali National Park, exposed to the environment as a re12 sult of the April 30, 1987 incident.

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;
24

HR 1977 PP

1 Ω41æ$686,944,000 $577,503,000, of which $62,130,000

2 shall be available for cooperation with States or munici3 palities for water resources investigationsΩ42æ,–and of

4 which $112,888,000 for resource research and the oper5 ations of Cooperative Research Units shall remain avail6 able until September 30, 1997: Provided, That no part of

7 this appropriation shall be used to pay more than one8 half the cost of any topographic mapping or water re9 sources investigations carried on in cooperation with any

10 State or municipalityΩ43æ:–Provided further, That funds

11 available herein for resource research may be used for the

12 purchase of not to exceed 61 passenger motor vehicles, of

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

14 none of the funds available under this head for resource

15 research shall be used to conduct new surveys on private

16 property except when it is made known to the Federal offi17 cial having authority to obligate or expend such funds that

18 the survey or research has been requested and authorized

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

20 representative: Provided further, That none of the funds

21 provided herein for resource research may be used to ad22 minister a volunteer program when it is made known to

23 the Federal official having authority to obligate or expend

24 such funds that the volunteers are not properly trained

25 or that information gathered by the volunteers is not care-
25

HR 1977 PP

1 fully verified: Provided further, That no later than April

2 1, 1996, the Director of the United States Geological Sur3 vey shall issue agency guidelines for resource research that

4 ensure that scientific and technical peer review is utilized

5 as fully as possible in selection of projects for funding and

6 ensure the validity and reliability of research and data col7 lection on Federal lands: Provided further, That no funds

8 available for resource research may be used for any activ9 ity that was not authorized prior to the establishment of

10 the National Biological Survey: Provided further, That

11 once every five years the National Academy of Sciences

12 shall review and report on the resource research activities

13 of the Survey: Provided further, That if specific authoriz14 ing legislation is enacted during or before the start of fis15 cal year 1996, the resource research component of the

16 Survey should comply with the provisions of that legisla17 tion: Provided further, That unobligated and unexpended

18 balances in the National Biological Survey, Research, in19 ventories and surveys account at the end of fiscal year

20 1995, shall be merged with and made a part of the United

21 States Geological Survey, Surveys, investigations, and re22 search account and shall remain available for obligation

23 until September 30, 1996.

24 ADMINISTRATIVE PROVISIONS

25 The amount appropriated for the United States Geo26 logical Survey shall be available for purchase of not to ex-
26

HR 1977 PP

1 ceed 22 passenger motor vehicles, for replacement only;

2 reimbursement to the General Services Administration for

3 security guard services; contracting for the furnishing of

4 topographic maps and for the making of geophysical or

5 other specialized surveys when it is administratively deter6 mined that such procedures are in the public interest; con7 struction and maintenance of necessary buildings and ap8 purtenant facilities; acquisition of lands for gauging sta9 tions and observation wells; expenses of the United States

10 National Committee on Geology; and payment of com11 pensation and expenses of persons on the rolls of the Unit12 ed States Geological Survey appointed, as authorized by

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

14 administration of interstate compacts: Provided, That ac15 tivities funded by appropriations herein made may be ac16 complished through the use of contracts, grants, or coop17 erative agreements as defined in 31 U.S.C. 6302, et seq.

18 MINERALS MANAGEMENT SERVICE

19 ROYALTY AND OFFSHORE MINERALS MANAGEMENT

20 For expenses necessary for minerals leasing and envi21 ronmental studies, regulation of industry operations, and

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

23 laws and regulations applicable to oil, gas, and other min24 erals leases, permits, licenses and operating contracts; and

25 for matching grants or cooperative agreements; including
27

HR 1977 PP

1 the purchase of not to exceed eight passenger motor vehi2 cles for replacement only; Ω44æ$186,556,000

3 $182,169,000, of which not less than $70,105,000 shall be

4 available for royalty management activities; and an

5 amount not to exceed Ω45æ $12,400,000 $15,400,000 for

6 the Technical Information Management System Ω46æof

7 and Related Activities of the Outer Continental Shelf

8 (OCS) Lands Activity, to be credited to this appropriation

9 and to remain available until expended, from additions to

10 receipts resulting from increases to rates in effect on Au11 gust 5, 1993, from rate increases to fee collections for

12 OCS administrative activities performed by the Minerals

13 Management Service over and above the rates in effect on

14 September 30, 1993, and from additional fees for OCS

15 administrative activities established after September 30,

16 1993: Provided, That beginning in fiscal year 1996 and

17 thereafter, fees for royalty rate relief applications shall be

18 established (and revised as needed) in Notices to Lessees,

19 and shall be credited to this account in the program areas

20 performing the function, and remain available until ex21 pended for the costs of administering the royalty rate re22 lief authorized by 43 U.S.C. 1337(a)(3): Provided further,

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

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

25 funds appropriated under this Act shall be available for
28

HR 1977 PP

1 the payment of interest in accordance with 30 U.S.C.

2 1721 (b) and (d): Provided further, That not to exceed

3 $3,000 shall be available for reasonable expenses related

4 to promoting volunteer beach and marine cleanup activi5 ties: Provided further, That notwithstanding any other

6 provision of law, $15,000 under this head shall be avail7 able for refunds of overpayments in connection with cer8 tain Indian leases in which the Director of the Minerals

9 Management Service concurred with the claimed refund

10 due, to pay amounts owed to Indian allottees or Tribes,

11 or to correct prior unrecoverable erroneous payments: Pro12 vided further, That beginning in fiscal year 1996 and

13 thereafter, the Secretary shall take appropriate action to

14 collect unpaid and underpaid royalties and late payment

15 interest owed by Federal and Indian mineral lessees and

16 other royalty payors on amounts received in settlement or

17 other resolution of disputes under, and for partial or com18 plete termination of, sales agreements for minerals from

19 Federal and Indian leases.

20 OIL SPILL RESEARCH

21 For necessary expenses to carry out the purposes of

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

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

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

25 Spill Liability Trust Fund, to remain available until ex26 pended.
29

HR 1977 PP

1 BUREAU OF MINES

2 MINES AND MINERALS

3 Ω47æFor expenses necessary for the orderly closure

4 of the Bureau of Mines, $87,000,000 For expenses nec5 essary for conducting inquiries, technological investiga6 tions, and research concerning the extraction, processing,

7 use, and disposal of mineral substances without objection8 able social and environmental costs; to foster and encourage

9 private enterprise in the development of mineral resources

10 and the prevention of waste in the mining, minerals, metal,

11 and mineral reclamation industries; to inquire into the eco12 nomic conditions affecting those industries; to promote

13 health and safety in mines and the mineral industry

14 through research; and for other related purposes as author15 ized by law, $128,007,000, of which $111,192,000 shall re16 main available until expended: Provided, That none of the

17 reduction below the fiscal year 1996 budget request shall

18 be applied to the health and safety budget activity.

19 ADMINISTRATIVE PROVISIONS

20 The Secretary is authorized to accept lands, buildings,

21 equipment, other contributions, and fees from public and

22 private sources, and to prosecute projects using such con23 tributions and fees in cooperation with other Federal,

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

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

26 directly or through any Government agency, including cor-
30

HR 1977 PP

1 porations, any metal or mineral products that may be

2 manufactured in pilot plants operated by the Bureau of

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

4 the Treasury as miscellaneous receipts: Provided further,

5 That notwithstanding any other provision of law, the Sec6 retary is authorized to convey, without reimbursement,

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

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

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

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

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

12 in other localities to such university or government entities

13 as the Secretary deems appropriate.

14 OFFICE OF SURFACE MINING RECLAMATION AND

15 ENFORCEMENT

16 REGULATION AND TECHNOLOGY

17 For necessary expenses to carry out the provisions

18 of the Surface Mining Control and Reclamation Act of

19 1977, Public Law 95–87, as amended, including the pur20 chase of not to exceed 15 passenger motor vehicles for re21 placement only; Ω48æ$92,751,000 $95,470,000, and not22 withstanding 31 U.S.C. 3302, an additional amount shall

23 be credited to this account, to remain available until ex24 pended, from performance bond forfeitures in fiscal year

25 1996: Provided, That notwithstanding any other provision
31

HR 1977 PP

1 of law, the Secretary of the Interior, pursuant to regula2 tions, may utilize directly or through grants to States,

3 moneys collected in fiscal year 1996 pursuant to the as4 sessment of civil penalties under section 518 of the Sur5 face Mining Control and Reclamation Act of 1977 (30

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

7 mining practices after August 3, 1977, to remain available

8 until expended: Provided further, That notwithstanding

9 any other provision of law, appropriations for the Office

10 of Surface Mining Reclamation and Enforcement may pro11 vide for the travel and per diem expenses of State and

12 tribal personnel attending Office of Surface Mining Rec13 lamation and Enforcement sponsored training.

14 ABANDONED MINE RECLAMATION FUND

15 For necessary expenses to carry out the provisions

16 of title IV of the Surface Mining Control and Reclamation

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

18 the purchase of not more than 22 passenger motor vehicles

19 for replacement only, Ω49æ$176,327,000 $170,441,000, to

20 be derived from receipts of the Abandoned Mine Reclama21 tion Fund and to remain available until expendedΩ50æ,–

22 of which $5,000,000 shall be used for supplemental grants

23 to States for the reclamation of abandoned sites with acid

24 mine rock drainage from coal mines through the Appa25 lachian Clean Streams Initiative: Provided, That grants

26 to minimum program States will be $1,500,000 per State
32

HR 1977 PP

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

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

3 emergency program authorized by section 410 of Public

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

5 centum shall be used for emergency reclamation projects

6 in any one State and funds for Federally-administered

7 emergency reclamation projects under this proviso shall

8 not exceed $11,000,000Ω51æ:–Provided further, That do9 nations credited to the Abandoned Mine Reclamation

10 Fund, pursuant to section 401(b)(3) of Public Law 95–

11 87, are hereby appropriated and shall be available until

12 expended to support projects under the Appalachian Clean

13 Streams Initiative, directly, through agreements with

14 other Federal agencies, as otherwise authorized, or

15 through grants to States or local governments, or tax-ex16 empt private entities: Provided further, That prior year un17 obligated funds appropriated for the emergency reclama18 tion program shall not be subject to the 25 per centum

19 limitation per State and may be used without fiscal year

20 limitation for emergency projects: Provided further, That

21 pursuant to Public Law 97–365, the Department of the

22 Interior is authorized to utilize up to 20 per centum from

23 the recovery of the delinquent debt owed to the United

24 States Government to pay for contracts to collect these

25 debtsΩ52æ: Provided further, That funds made available to
33

HR 1977 PP

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

2 at their discretion, for any required non-Federal share of

3 the cost of projects funded by the Federal Government for

4 the purpose of environmental restoration related to treat5 ment or abatement of acid mine drainage from abandoned

6 mines: Provided further, That such projects must be consist7 ent with the purposes and priorities of the Surface Mining

8 Control and Reclamation Act.

9 BUREAU OF INDIAN AFFAIRS

10 OPERATION OF INDIAN PROGRAMS

11 For operation of Indian programs by direct expendi12 ture, contracts, cooperative agreements, compacts, and

13 grants including expenses necessary to provide education

14 and welfare services for Indians, either directly or in co15 operation with States and other organizations, including

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

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

18 grants and other assistance to needy Indians; maintenance

19 of law and order; management, development, improve20 ment, and protection of resources and appurtenant facili21 ties under the jurisdiction of the Bureau of Indian Affairs,

22 including payment of irrigation assessments and charges;

23 acquisition of water rights; advances for Indian industrial

24 and business enterprises; operation of Indian arts and

25 crafts shops and museums; development of Indian arts
34

HR 1977 PP

1 and crafts, as authorized by law; for the general adminis2 tration of the Bureau of Indian Affairs, including such

3 expenses in field offices; maintaining of Indian reservation

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

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

6 housing, Ω53æ$1,508,777,000 (plus $851,000)

7 $1,261,234,000, of which Ω54æ$962,000 shall be used for

8 the continued operation of the Indian Arts and Crafts

9 Board and an amount not to exceed Ω55æ$106,126,000

10 $104,626,000 shall be for payments to tribes and tribal or11 ganizations for contract support costs associated with on12 going contracts or grants or compacts entered into with

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

14 as authorized by the Indian Self-Determination Act of

15 1975, as amended, and Ω56æ$5,000,000 up to $5,000,000

16 shall be for the Indian Self-Determination Fund, which

17 shall be available for the transitional cost of initial or ex18 panded tribal contracts, grants, compacts, or cooperative

19 agreements with the Bureau of Indian Affairs under the

20 provisions of the Indian Self-Determination Act; and of

21 which not to exceed Ω57æ$330,711,000 $330,991,000 for

22 school operations costs of Bureau-funded schools and

23 other education programs shall become available for obli24 gation on July 1, 1996, and shall remain available for obli25 gation until September 30, 1997; and of which not to ex-
35

HR 1977 PP

1 ceed Ω58æ$67,138,000 $69,477,000 for higher education

2 scholarships, adult vocational training, and assistance to

3 public schools under the Ω59æJohnson O’Malley Act Act

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

5 452 et seq.), shall remain available for obligation until Sep6 tember 30, 1997; and of which not to exceed

7 Ω60æ$74,814,000 $62,328,000 shall remain available until

8 expended for Ω61ætrust funds management, housing im9 provement, road maintenance, attorney fees, litigation

10 support, self-governance grants, the Indian Self-Deter11 mination Fund, and the Navajo-Hopi Settlement Pro12 gram: Provided, That tribes and tribal contractors may

13 use their tribal priority allocations for unmet indirect costs

14 of ongoing contracts, grants or compact agreements: Pro15 vided further, That funds made available to tribes and

16 tribal organizations through contracts or grants obligated

17 during fiscal year 1996, as authorized by the Indian Self18 Determination Act of 1975 (88 Stat. 2203; 25 U.S.C. 450

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

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

21 remain available until expended by the contractor or

22 granteeΩ62æ:–Provided further, That notwithstanding any

23 other provision of law, the statute of limitations shall not

24 commence to run on any claim, including any claim in liti25 gation pending on the date of this Act, concerning losses
36

HR 1977 PP

1 to or mismanagement of trust funds, until the affected

2 tribe or individual Indian has been furnished with the ac3 counting of such funds from which the beneficiary can de4 termine whether there has been a loss: Provided further,

5 That to provide funding uniformity within a Self-Govern6 ance Compact, any funds provided in this Act with avail7 ability for more than one year may be reprogrammed to

8 one year availability but shall remain available within the

9 Compact until expended: Provided further, That notwith10 standing any other provision of law, Indian tribal govern11 ments may, by appropriate changes in eligibility criteria

12 or by other means, change eligibility for general assistance

13 or change the amount of general assistance payments for

14 individuals within the service area of such tribe who are

15 otherwise deemed eligible for general assistance payments

16 so long as such changes are applied in a consistent manner

17 to individuals similarly situated: Provided further, That

18 any savings realized by such changes shall be available for

19 use in meeting other priorities of the tribes: Provided fur20 ther, That any net increase in costs to the Federal Govern21 ment which result solely from tribally increased payment

22 levels for general assistance shall be met exclusively from

23 funds available to the tribe from within its tribal priority

24 allocation: Provided further, That any forestry funds allo25 cated to a tribe which remain unobligated as of September
37

HR 1977 PP

1 30, 1996, may be transferred during fiscal year 1997 to

2 an Indian forest land assistance account established for

3 the benefit of such tribe within the tribe’s trust fund ac4 count: Provided further, That any such unobligated bal5 ances not so transferred shall expire on September 30,

6 1997: Provided further, That notwithstanding any other

7 provision of law, no funds available to the Bureau of In8 dian Affairs, other than the amounts provided herein for

9 assistance to public schools under the Act of April 16,

10 1934 (48 Stat. 596), as amended (25 U.S.C. 452 et seq.),

11 shall be available to support the operation of any elemen12 tary or secondary school in the State of Alaska in fiscal

13 year 1996: Provided further, That funds made available

14 in this or any other Act for expenditure through Septem15 ber 30, 1997 for schools funded by the Bureau of Indian

16 Affairs shall be available only to the schools which are in

17 the Bureau of Indian Affairs school system as of Septem18 ber 1, 1995: Provided further, That no funds available to

19 the Bureau of Indian Affairs shall be used to support ex20 panded grades for any school beyond the grade structure

21 in place at each school in the Bureau of Indian Affairs

22 school system as of October 1, 1995: Provided further,

23 That notwithstanding the provisions of 25 U.S.C.

24 2011(h)(1)(B) and (c), upon the recommendation of a

25 local school board for a Bureau of Indian Affairs operated
38

HR 1977 PP

1 school, the Secretary shall establish rates of basic com2 pensation or annual salary rates for the positions of teach3 ers and counselors (including dormitory and homeliving

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

5 comparable positions in public school districts in the same

6 geographic areaΩ63æ: Provided further, That of the funds

7 available only through September 30, 1995, not to exceed

8 $8,000,000 in unobligated and unexpended balances in the

9 Operation of Indian Programs account shall be merged with

10 and made a part of the fiscal year 1996 Operation of In11 dian Programs appropriation, and shall remain available

12 for obligation for employee severance, relocation, and relat13 ed expenses, until March 31, 1996.

14 CONSTRUCTION

15 For construction, major repair, and improvement of

16 irrigation and power systems, buildings, utilities, and

17 other facilities, including architectural and engineering

18 services by contract; acquisition of lands and interests in

19 lands; and preparation of lands for farming,

20 Ω64æ$98,033,000 $107,333,000, to remain available until

21 expended: Provided, That such amounts as may be avail22 able for the construction of the Navajo Indian Irrigation

23 Project and for other water resource development activi24 ties related to the Southern Arizona Water Rights Settle25 ment Act may be transferred to the Bureau of Reclama26 tion: Provided further, That not to exceed 6 per centum
39

HR 1977 PP

1 of contract authority available to the Bureau of Indian

2 Affairs from the Federal Highway Trust Fund may be

3 used to cover the road program management costs of the

4 Bureau of Indian Affairs: Provided further, That any

5 funds provided for the Safety of Dams program pursuant

6 to 25 U.S.C. 13 shall be made available on a non-reim7 bursable basis: Provided further, That for the fiscal year

8 ending September 30, 1996, in implementing new con9 struction or facilities improvement and repair project

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

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

12 amended, the Secretary of the Interior shall use the Ad13 ministrative and Audit Requirements and Cost Principles

14 for Assistance Programs contained in 43 CFR part 12 as

15 the regulatory requirements: Provided further, That such

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

17 the Secretary and the grantee shall negotiate and deter18 mine a schedule of payments for the work to be performed:

19 Provided further, That in considering applications, the

20 Secretary shall consider whether the Indian tribe or tribal

21 organization would be deficient in assuring that the con22 struction projects conform to applicable building stand23 ards and codes and Federal, tribal, or State health and

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

25 respect to organizational and financial management capa-
40

HR 1977 PP

1 bilities: Provided further, That if the Secretary declines an

2 application, the Secretary shall follow the requirements

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

4 any disputes between the Secretary and any grantee con5 cerning a grant shall be subject to the disputes provision

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

7 INDIAN LAND AND WATER CLAIM SETTLEMENTS AND

8 MISCELLANEOUS PAYMENTS TO INDIANS

9 For miscellaneous payments to Indian tribes and in10 dividuals and for necessary administrative expenses,

11 Ω65æ$75,145,000, $82,745,000, to remain available until

12 expended; of which Ω66æ$73,100,000 $78,600,000 shall be

13 available for implementation of enacted Indian land and

14 water claim settlements pursuant to Public Laws 87–483,

15 97–293, 101–618, 102–374, 102–441, 102–575, and

16 103–116, and for implementation of other enacted water

17 rights settlements, including not to exceed $8,000,000,

18 which shall be for the Federal share of the Catawba Indian

19 Tribe of South Carolina Claims Settlement, as authorized

20 by section 5(a) of Public Law 103–116; and of which

21 $1,045,000 shall be available pursuant to Public Laws

22 98–500, 99–264, and 100–580; and of which

23 Ω67æ$1,000,000 $3,100,000 shall be available (1) to liq24 uidate obligations owed tribal and individual Indian payees

25 of any checks canceled pursuant to section 1003 of the

26 Competitive Equality Banking Act of 1987 (Public Law
41

HR 1977 PP

1 100–86 (101 Stat. 659)), 31 U.S.C. 3334(b), (2) to re2 store to Individual Indian Monies trust funds, Indian Irri3 gation Systems, and Indian Power Systems accounts

4 amounts invested in credit unions or defaulted savings and

5 loan associations and which were not Federally insured,

6 and (3) to reimburse Indian trust fund account holders

7 for losses to their respective accounts where the claim for

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

9 agreement approved by the Department of Justice.

10 Ω68æTECHNICAL ASSISTANCE OF INDIAN ENTERPRISES

11 For payment of management and technical assistance

12 requests associated with loans and grants approved under

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

14 Ω69æINDIAN GUARANTEED LOAN PROGRAM ACCOUNT

15 For the cost of guaranteed loans $7,000,000, as author16 ized by the Indian Financing Act of 1974, as amended: Pro17 vided, That such costs, including the cost of modifying such

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

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

20 these funds are available to subsidize total loan principal,

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

22 $50,680,000.

23 In addition, for administrative expenses necessary to

24 carry out the guaranteed loan program, $700,000.
42

HR 1977 PP

1 ADMINISTRATIVE PROVISIONS

2 Appropriations for the Bureau of Indian Affairs shall

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

4 to exceed 275 passenger carrying motor vehicles, of which

5 not to exceed 215 shall be for replacement only.

6 TERRITORIAL AND INTERNATIONAL AFFAIRS

7 ASSISTANCE TO TERRITORIES

8 For expenses necessary for assistance to territories

9 under the jurisdiction of the Department of the Interior,

10 Ω70æ$52,405,000, to remain available until expended for

11 brown tree snake control and research $68,188,000, of

12 which (1) $64,661,000 shall be available until expended for

13 technical assistance, including maintenance assistance, dis14 aster assistance, insular management controls, and brown

15 tree snake control and research; grants to the judiciary in

16 American Samoa for compensation and expenses, as au17 thorized by law (48 U.S.C. 1661(c)); grants to the Govern18 ment of American Samoa, in addition to current local rev19 enues, for construction and support of governmental func20 tions; grants to the Government of the Virgin Islands as

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

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

23 the Northern Mariana Islands as authorized by law (Pub24 lic Law 94–241; 90 Stat. 272)Ω71æ; and (2) $3,527,000

25 shall be available for salaries and expenses of the Office of
43

HR 1977 PP

1 Insular Affairs: Provided, That all financial transactions

2 of the territorial and local governments herein provided

3 for, including such transactions of all agencies or instru4 mentalities established or utilized by such governments,

5 may be audited by the General Accounting Office, at its

6 discretion, in accordance with chapter 35 of title 31, Unit7 ed States Code: Provided further, That Northern Mariana

8 Islands Covenant grant funding shall be provided accord9 ing to those terms of the Agreement of the Special Rep10 resentatives on Future United States Financial Assistance

11 for the Northern Mariana Islands approved by Public Law

12 99–396, or any subsequent legislation related to Common13 wealth of the Northern Mariana Islands Covenant grant

14 fundingΩ72æ: Provided further, That of the amounts pro15 vided for technical assistance, sufficient funding shall be

16 made available for a grant to the Close Up Foundation:

17 Provided further, That the funds for the program of oper18 ations and maintenance improvement are appropriated to

19 institutionalize routine operations and maintenance of cap20 ital infrastructure in American Samoa, Guam, the Virgin

21 Islands, the Commonwealth of the Northern Mariana Is22 lands, the Republic of Palau, the Republic of the Marshall

23 Islands, and the Federated States of Micronesia through as24 sessments of long-range operations and maintenance needs,

25 improved capability of local operations and maintenance
44

HR 1977 PP

1 institutions and agencies (including management and voca2 tional education training), and project-specific mainte3 nance (with territorial participation and cost sharing to

4 be determined by the Secretary based on the individual ter5 ritory’s commitment to timely maintenance of its capital

6 assets): Provided further, That any appropriation for disas7 ter assistance under this head in this Act or previous appro8 priations Acts may be used as non-Federal matching funds

9 for the purpose of hazard mitigation grants provided pursu10 ant to section 404 of the Robert T. Stafford Disaster Relief

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

12 COMPACT OF FREE ASSOCIATION

13 For economic assistance and necessary expenses for

14 the Federated States of Micronesia and the Republic of

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

16 223, 232, and 233 of the Compacts of Free Association,

17 and for economic assistance and necessary expenses for

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

19 223, 232, and 233 of the Compact of Free Association,

20 $24,938,000, to remain available until expended, as au21 thorized by Public Law 99–239 and Public Law 99–

22 658Ω73æ,–and $4,580,000 for impact aid for Guam under

23 section 104(e)(6) of Public Law 99–239: Provided, That

24 notwithstanding section 112 of Public Law 101–219 (103

25 Stat. 1873), the Secretary of the Interior may agree to

26 technical changes in the specifications for the project de-
45

HR 1977 PP

1 scribed in the subsidiary agreement negotiated under sec2 tion 212(a) of the Compact of Free Association, Public

3 Law 99–658, or its annex, if the changes do not result

4 in increased costs to the United States.

5 DEPARTMENTAL OFFICES

6 Ω74æOFFICE OF THE SECRETARY

7 DEPARTMENTAL MANAGEMENT

8 SALARIES AND EXPENSES

9 For necessary expenses Ω75æof the Office of the Sec10 retary for management of the Department of the Interior,

11 Ω76æ$53,919,000 $57,796,000, of which not to exceed

12 $7,500 may be for official reception and representation

13 expensesΩ77æ: Provided, That none of the funds provided

14 herein for official reception and representation expenses

15 shall be available until the Charter for the Advisory Com16 mission referred to in title 30 of Public Law 102–575 has

17 been filed and the Members of such Commission appointed.

18 OFFICE OF THE SOLICITOR

19 SALARIES AND EXPENSES

20 For necessary expenses of the Office of the Solicitor,

21 $34,608,000.

22 OFFICE OF INSPECTOR GENERAL

23 SALARIES AND EXPENSES

24 For necessary expenses of the Office of Inspector

25 General, $23,939,000.
46

HR 1977 PP

1 Ω78æCONSTRUCTION MANAGEMENT

2 SALARIES AND EXPENSES

3 For necessary expenses of the Office of Construction

4 Management, $500,000.

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 $1,000,000Ω79æ: Provided, That on October 1, 1995, the

10 Chairman shall submit to the Secretary a report detailing

11 those Indian tribes or tribal organizations with gaming op12 erations that are in full compliance, partial compliance,

13 or non-compliance with the provisions of the Indian Gam14 ing Regulatory Act (25 U.S.C. 2701, et seq.): Provided fur15 ther, That the information contained in the report shall be

16 updated on a continuing basis.

17 Ω80æOFFICE OF SPECIAL TRUSTEE FOR AMERICAN

18 INDIANS

19 FEDERAL TRUST PROGRAMS

20 For operation of trust programs for Indians by direct

21 expenditure, contracts, cooperative agreements, compacts,

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

23 available until expended for trust funds management: Pro24 vided, That funds made available to tribes and tribal orga25 nizations through contracts or grants obligated during fis-
47

HR 1977 PP

1 cal year 1996, as authorized by the Indian Self-Determina2 tion Act of 1975 (88 Stat. 2203; 25 U.S.C. 450 et seq.),

3 shall remain available until expended by the contractor or

4 grantee: Provided further, That notwithstanding any other

5 provision of law, the statute of limitations shall not com6 mence to run on any claim, including any claim in litiga7 tion pending on the date of this Act, concerning losses to

8 or mismanagement of trust funds, until the affected tribe

9 or individual Indian has been furnished with the account10 ing of such funds from which the beneficiary can determine

11 whether there has been a loss: Provided further, That obli12 gated and unobligated balances provided for trust funds

13 management within ‘‘Operation of Indian programs,’’ Bu14 reau of Indian Affairs are hereby transferred to and merged

15 with this appropriation.

16 ADMINISTRATIVE PROVISIONS

17 There is hereby authorized for acquisition from avail18 able resources within the Working Capital Fund, 15 air19 craft, 10 of which shall be for replacement and which may

20 be obtained by donation, purchase or through available ex21 cess surplus property: Provided, That notwithstanding any

22 other provision of law, existing aircraft being replaced may

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

24 offset the purchase price for the replacement aircraft: Pro25 vided further, That no programs funded with appropriated
48

HR 1977 PP

1 funds in Ω81æthe ‘‘Office of the Secretary’’ ‘‘Departmental

2 Management’’, ‘‘Office of the Solicitor’’, and ‘‘Office of In3 spector General’’ may be augmented through the Working

4 Capital Fund or the Consolidated Working Fund.

5 GENERAL PROVISIONS, DEPARTMENT OF THE

6 INTERIOR

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

8 available for expenditure or transfer (within each bureau

9 or office), with the approval of the Secretary, for the emer10 gency reconstruction, replacement, or repair of aircraft,

11 buildings, utilities, or other facilities or equipment dam12 aged or destroyed by fire, flood, storm, or other unavoid13 able causes: Provided, That no funds shall be made avail14 able under this authority until funds specifically made

15 available to the Department of the Interior for emer16 gencies shall have been exhausted: Provided further, That

17 all funds used pursuant to this section are hereby des18 ignated by Congress to be ‘‘emergency requirements’’ pur19 suant to section 251(b)(2)(D) of the Balanced Budget and

20 Emergency Deficit Control Act of 1985 and Ω82æmust,

21 must be replenished by a supplemental appropriation

22 which must be requested as promptly as possible.

23 SEC. 102. The Secretary may authorize the expendi24 ture or transfer of any no year appropriation in this title,

25 in addition to the amounts included in the budget pro-
49

HR 1977 PP

1 grams of the several agencies, for the suppression or emer2 gency prevention of forest or range fires on or threatening

3 lands under the jurisdiction of the Department of the Inte4 rior; for the emergency rehabilitation of burned-over lands

5 under its jurisdiction; for emergency actions related to po6 tential or actual earthquakes, floods, volcanoes, storms, or

7 other unavoidable causes; for contingency planning subse8 quent to actual oilspills; response and natural resource

9 damage assessment activities related to actual oilspills; for

10 the prevention, suppression, and control of actual or po11 tential grasshopper and Mormon cricket outbreaks on

12 lands under the jurisdiction of the Secretary, pursuant to

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

14 (99 Stat. 1658); for emergency reclamation projects under

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

16 any no year funds available to the Office of Surface Min17 ing Reclamation and Enforcement, such funds as may be

18 necessary to permit assumption of regulatory authority in

19 the event a primacy State is not carrying out the regu20 latory provisions of the Surface Mining Act: Provided,

21 That appropriations made in this title for fire suppression

22 purposes shall be available for the payment of obligations

23 incurred during the preceding fiscal year, and for reim24 bursement to other Federal agencies for destruction of ve25 hicles, aircraft, or other equipment in connection with
50

HR 1977 PP

1 their use for fire suppression purposes, such reimburse2 ment to be credited to appropriations currently available

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

4 emergency rehabilitation and wildfire suppression activi5 ties, no funds shall be made available under this authority

6 until funds appropriated to the ‘‘Emergency Department

7 of the Interior Firefighting Fund’’ shall have been ex8 hausted: Provided further, That all funds used pursuant

9 to this section are hereby designated by Congress to be

10 ‘‘emergency requirements’’ pursuant to section

11 251(b)(2)(D) of the Balanced Budget and Emergency

12 Deficit Control Act of 1985 and must be replenished by

13 a supplemental appropriation which must be requested as

14 promptly as possible: Provided further, That such replen15 ishment funds shall be used to reimburse, on a pro rata

16 basis, accounts from which emergency funds were trans17 ferred.

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

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

20 similar facilities, wherever consolidation of activities will

21 contribute to efficiency or economy, and said appropria22 tions shall be reimbursed for services rendered to any

23 other activity in the same manner as authorized by sec24 tions 1535 and 1536 of title 31, U.S.C.: Provided, That

25 reimbursements for costs and supplies, materials, equip-
51

HR 1977 PP

1 ment, and for services rendered may be credited to the

2 appropriation current at the time such reimbursements

3 are received.

4 SEC. 104. Appropriations made to the Department

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

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

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

8 maintenance, and operation of aircraft; hire of passenger

9 motor vehicles; purchase of reprints; payment for tele10 phone service in private residences in the field, when au11 thorized under regulations approved by the Secretary; and

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

13 for library membership in societies or associations which

14 issue publications to members only or at a price to mem15 bers lower than to subscribers who are not members.

16 SEC. 105. Appropriations available to the Depart17 ment of the Interior for salaries and expenses shall be

18 available for uniforms or allowances therefor, as author19 ized by law (5 U.S.C. 5901–5902 and D.C. Code 4–204).

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

21 available for obligation in connection with contracts issued

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

23 months beginning at any time during the fiscal year.

24 Ω83æSEC. 107. Appropriations made in this title from

25 the Land and Water Conservation Fund for acquisition
52

HR 1977 PP

1 of lands and waters, or interests therein, shall be available

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

3 the following accounts: Bureau of Land Management,

4 Land acquisition, United States Fish and Wildlife Service,

5 Land acquisition, and National Park Service, Land acqui6 sition and State assistance. Use of such funds are subject

7 to the reprogramming guidelines of the House and Senate

8 Committees on Appropriations.

9 Ω84æSEC. 108. Amounts appropriated in this Act for

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

11 which the Presidio Trust is established by an Act of Con12 gress shall be transferred to and available only for the

13 Presidio Trust.

14 Ω85æSEC. 109. Section 6003 of Public Law 101–380

15 is hereby repealed.

16 SEC. 110. None of the funds appropriated or other17 wise made available by this Act may be obligated or ex18 pended by the Secretary of the Interior for developing,

19 promulgating, and thereafter implementing a rule con20 cerning rights-of-way under section 2477 of the Revised

21 Statutes.

22 SEC. 111. No funds provided in this title may be ex23 pended by the Department of the Interior for the conduct

24 of offshore leasing and related activities placed under re25 striction in the President’s moratorium statement of June
53

HR 1977 PP

1 26, 1990, in the areas of Northern, Central, and Southern

2 California; the North Atlantic; Washington and Oregon;

3 and the Eastern Gulf of Mexico south of 26 degrees north

4 latitude and east of 86 degrees west longitude.

5 SEC. 112. No funds provided in this title may be ex6 pended by the Department of the Interior for the conduct

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

8 or other exploration activity, on lands within the North

9 Aleutian Basin planning area.

10 SEC. 113. No funds provided in this title may be ex11 pended by the Department of the Interior for the conduct

12 of preleasing and leasing activities in the Eastern Gulf of

13 Mexico for Outer Continental Shelf Lease Sale 151 in the

14 Outer Continental Shelf Natural Gas and Oil Resource

15 Management Comprehensive Program, 1992–1997.

16 SEC. 114. No funds provided in this title may be ex17 pended by the Department of the Interior for the conduct

18 of preleasing and leasing activities in the Atlantic for

19 Outer Continental Shelf Lease Sale 164 in the Outer Con20 tinental Shelf Natural Gas and Oil Resource Management

21 Comprehensive Program, 1992–1997.

22 Ω86æSEC. 115. (a) Of the funds appropriated by this

23 Act or any subsequent Act providing for appropriations in

24 fiscal years 1996 and 1997, not more than 50 percent of

25 any self-governance funds that would otherwise be allocated
54

HR 1977 PP

1 to each Indian tribe in the State of Washington shall actu2 ally be paid to or on account of such Indian tribe from

3 and after the time at which such tribe shall—

4 (1) take unilateral action that adversely impacts

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

6 nontribal member owners of fee simple land within

7 the exterior boundary of the tribe’s reservation to

8 water, electricity, or any other similar utility or ne9 cessity for the nontribal members’ residential use of

10 such land; or

11 (2) restrict or threaten to restrict said owners

12 use of or access to publicly maintained rights of way

13 necessary or desirable in carrying the utilities or ne14 cessities described above, or

15 (3) fail to reach a mutual agreement that ad16 dresses the concerns of affected parties within 90 days

17 after the date of enactment of this Act.

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

19 any legal actions with respect to such rights or the enforce20 ment of any final judgments, appeals from which have been

21 exhausted, with respect thereto.

22 Ω87æSEC. 116. Within 30 days after the enactment of

23 this Act, the Department of the Interior shall issue a specific

24 schedule for the completion of the Lake Cushman Land Ex-
55

HR 1977 PP

1 change Act (Public Law 102–436) and shall complete the

2 exchange not later than September 30, 1996.

3 Ω88æSEC. 117. Notwithstanding Public Law 90–544,

4 as amended, the National Park Service is authorized to ex5 pend appropriated funds for maintenance and repair of the

6 Company Creek Road in the Lake Chelan National Recre7 ation Area: Provided, That appropriated funds shall not

8 be expended for the purpose of improving the property of

9 private individuals unless specifically authorized by law.

10 Ω89æSEC. 118. INSULAR DEVELOPMENT.—

11 Section 1. Territorial and Freely Associated State

12 Infrastructure Assistance

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

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

15 841) is amended by deleting ‘‘until Congress otherwise pro16 vides by law.’’ and inserting in lieu thereof: ‘‘except that,

17 for fiscal years 1996 and thereafter, payments to the Com18 monwealth of the Northern Mariana Islands pursuant to

19 the multi-year funding agreements contemplated under the

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

21 Agreement of the Special Representatives on Future Federal

22 Financial Assistance of the Northern Mariana Islands, exe23 cuted on December 17, 1992 between the special representa24 tive of the President of the United States and special rep25 resentatives of the Governor of the Northern Mariana Is-
56

HR 1977 PP

1 lands and shall be subject to all the requirements of such

2 Agreement with any additional amounts otherwise made

3 available under this section in any fiscal year and not re4 quired to meet the schedule of payments set forth in the

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

6 Congress otherwise provides by law.

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

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

9 as follows:

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

11 be provided for capital infrastructure projects in

12 American Samoa; and

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

14 amounts shall be available solely for capital infra15 structure projects in Guam, the Virgin Islands, Amer16 ican Samoa, the Commonwealth of the Northern Mar17 iana Islands, the Republic of Palau, the Federated

18 States of Micronesia and the Republic of the Marshall

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

20 $3,000,000 of such amounts shall be made available

21 to the College of the Northern Marianas and begin22 ning in fiscal year 1997, and in each year thereafter,

23 not to exceed $3,000,000 may be allocated, as pro24 vided in Appropriation Acts, to the Secretary of the

25 Interior for use by Federal agencies or the Common-
57

HR 1977 PP

1 wealth of the Northern Mariana Islands to address

2 immigration, labor, and law enforcement issues in the

3 Northern Mariana Islands, including, but not limited

4 to detention and corrections needs. The specific

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

6 plan for infrastructure assistance developed by the

7 Secretary of the Interior in consultation with each of

8 the island governments and updated annually and

9 submitted to the Congress concurrent with the budget

10 justifications for the Department of the Interior. In

11 developing and updating the five year plan for cap12 ital infrastructure needs, the Secretary shall indicate

13 the highest priority projects, consider the extent to

14 which particular projects are part of an overall mas15 ter plan, whether such project has been reviewed by

16 the Corps of Engineers and any recommendations

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

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

19 the project, the degree to which a local cost-share re20 quirement would be consistent with local economic

21 and fiscal capabilities, and may propose an incre22 mental set-aside, not to exceed $2,000,000 per year, to

23 remain available without fiscal year limitation, as an

24 emergency fund in the event of natural or other disas25 ters to supplement other assistance in the repair, re-
58

HR 1977 PP

1 placement, or hardening of essential facilities: Pro2 vided further, That the cumulative amount set aside

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

4 at any time.

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

6 pursuant to this section, and subject to the specific alloca7 tions made in subsection (c), additional contributions may

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

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

10 of all contributions from any Federal source after January

11 1, 1996 may not exceed $32,000,000 and shall be contingent

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

13 contributions are a full and final settlement of all obliga14 tions of the United States to assist in the resettlement of

15 Rongelap Atoll and that such funds will be expended solely

16 on resettlement activities and will be property audited and

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

18 timely manner, each Federal agency providing assistance

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

20 Marshall Islands, is authorized to make funds available,

21 through the Secretary of the Interior, to assist in the reset22 tlement of Rongelap. Nothing in this subsection shall be con23 strued to limit the provision of ex gratia assistance pursu24 ant to section 105(c)(2) of the Compact of Free Association

25 Act of 1985 (Public Law 99–239, 99 Stat. 1770, 1792) in-
59

HR 1977 PP

1 cluding for individuals choosing not to resettle at Rongelap,

2 except that no such assistance for such individuals may be

3 provided until the Secretary notifies the Congress that the

4 full amount of all funds necessary for resettlement at

5 Rongelap has been provided.’’.

6 Sec. 2. Federal Minimum Wage

7 Effective thirty days after the date of enactment of this

8 Act, the minimum wage provisions, including, but not lim9 ited to, the coverage and exemptions provisions, of section

10 6 of the Fair Labor Standards Act of June 25, 1938 (52

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

12 of the Northern Mariana Islands, except—

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

14 applicable to the Commonwealth of the Northern Mar15 iana Islands shall be $2.75 per hour;

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

17 wage rate applicable to the Commonwealth of the

18 Northern Mariana Islands shall be $3.05 per hour;

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

20 1 thereafter, the minimum wage rate shall be raised

21 by thirty cents per hour or the amount necessary to

22 raise the minimum wage rate to the wage rate set

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

24 Act, whichever is less; and
60

HR 1977 PP

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

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

3 Labor Standards Act, the minimum wage rate appli4 cable to the Commonwealth of the Northern Mariana

5 Islands shall thereafter be the wage rate set forth in

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

7 Sec. 3. Report

8 The Secretary of the Interior, in consultation with the

9 Attorney General and Secretaries of Treasury, Labor, and

10 State, shall report to the Congress by the March 15 follow11 ing each fiscal year for which funds are allocated pursuant

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

13 agencies or the Commonwealth to address immigration,

14 labor or law enforcement activities. The report shall include

15 but not be limited to—

16 (1) pertinent immigration information provided

17 by the Immigration and Naturalization Service, in18 cluding the number of non-United States citizen con19 tract workers in the CNMI, based on data the Immi20 gration and Naturalization Service may require of

21 the Commonwealth of the Northern Mariana Islands

22 on a semiannual basis, or more often if deemed nec23 essary by the Immigration and Naturalization Serv24 ice.
61

HR 1977 PP

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

2 States citizen contract workers, including foreign gov3 ernment interference with workers’ ability to assert

4 their rights under United States law.

5 (3) the effect of laws of the Northern Mariana Is6 lands on Federal interests.

7 (4) the adequacy of detention facilities in the

8 Northern Mariana Islands.

9 (5) the accuracy and reliability of the computer10 ized alien identification and tracking system and its

11 compatibility with the system of the Immigration and

12 Naturalization Service, and

13 (6) the reasons why Federal agencies are unable

14 or unwilling to fully and effectively enforce Federal

15 laws applicable within the Commonwealth of the

16 Northern Mariana Islands unless such activities are

17 funded by the Secretary of the Interior.

18 Sec. 4. Immigration Cooperation

19 The Commonwealth of the Northern Mariana Islands

20 and the Immigration and Naturalization Service shall co21 operate in the identification and, if necessary, exclusion or

22 deportation from the Commonwealth of the Northern Mari23 ana Islands of persons who represent security or law en24 forcement risks to the Commonwealth of the Northern Mari25 ana Islands or the United States.
62

HR 1977 PP

1 Sec. 5. Clarification of Local Employment in the

2 Marianas

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

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

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

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

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

11 exclusively from a port within the CNMI and within the

12 navigable waters and exclusive economic zone of the United

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

14 such persons are deemed to be employed in the United

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

18 not apply to persons allowed to be employed under this

19 paragraph.’’.

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

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

23 subsection’’.
63

HR 1977 PP

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

2 the Commonwealth of the Northern Mariana Islands

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

4 further amended by—

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

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

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

17 With respect to the Commonwealth of the Northern

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

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

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

21 of enactment of this section.

22 Sec. 7. Annual State of the Islands Report

23 The Secretary of the Interior shall submit to the Con24 gress, annually, a ‘‘State of the Islands’’ report on Amer25 ican Samoa, Guam, the United States Virgin Islands, the
64

HR 1977 PP

1 Commonwealth of the Northern Mariana Islands, the Re2 public of Palau, the Republic of the Marshall Islands, and

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

6 employment and unemployment, the adequacy of essential

7 infrastructure and maintenance thereof, and an assessment

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

10 Sec. 8. Technical correction

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

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

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

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

16 TITLE II—RELATED AGENCIES

17 DEPARTMENT OF AGRICULTURE

18 FOREST SERVICE

19 FOREST RESEARCH

20 For necessary expenses of forest research as author21 ized by law, Ω90æ$182,000,000 $177,000,000, to remain

22 available until September 30, 1997.

23 STATE AND PRIVATE FORESTRY

24 For necessary expenses of cooperating with, and pro25 viding technical and financial assistance to States, Terri-
65

HR 1977 PP

1 tories, possessions, and others and for forest pest manage2 ment activities, cooperative forestry and education and

3 land conservation activitiesΩ91æ,–$129,551,000, to re4 main available until expended, as authorized by law

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

7 be made available for cooperative lands fire management

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

9 the stewardship incentive program.

10 NATIONAL FOREST SYSTEM

11 For necessary expenses of the Forest Service, not

12 otherwise provided for, for management, protection, im13 provement, and utilization of the National Forest System,

14 for ecosystem planning, inventory, and monitoring, and for

15 administrative expenses associated with the management

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

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

18 ‘‘Construction’’, ‘‘Fire Protection and Emergency Sup19 pression’’, and ‘‘Land Acquisition’’, Ω92æ$1,266,688,000

20 $1,247,543,000, to remain available for obligation until

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

22 monies received during the prior fiscal year as fees col23 lected under the Land and Water Conservation Fund Act

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

25 Act (16 U.S.C. 460l–6a(i)): Provided, That unobligated
66

HR 1977 PP

1 and unexpended balances in the National Forest System

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

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

4 Forest System appropriation, and shall remain available

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

6 That up to $5,000,000 of the funds provided herein for

7 road maintenance shall be available for the planned oblit8 eration of roads which are no longer needed.

9 Ω93æFIRE PROTECTION AND EMERGENCY SUPPRESSION

10 WILDLAND FIRE MANAGEMENT

11 For necessary expenses for forest fire presuppression

12 activities on National Forest System lands, for emergency

13 fire suppression on or adjacent to National Forest System

14 lands or other lands under fire protection agreement, and

15 for emergency rehabilitation of burned over National For16 est System lands, Ω94æ$385,485,000 $381,485,000, to re17 main available until expended: Provided, That unexpended

18 balances of amounts previously appropriated under any

19 other headings for Forest Service fire activities may be

20 transferred to and merged with this appropriation: Pro21 vided further, That such funds are available for repayment

22 of advances from other appropriations accounts previously

23 transferred for such purposes.
67

HR 1977 PP

1 CONSTRUCTION

2 For necessary expenses of the Forest Service, not

3 otherwise provided for, Ω95æ$120,000,000 $186,888,000,

4 to remain available until expended, for construction and

5 acquisition of buildings and other facilities, and for con6 struction and repair of forest roads and trails by the For7 est Service as authorized by 16 U.S.C. 532–538 and 23

8 U.S.C. 101 and 205: Provided, That funds becoming avail9 able in fiscal year 1996 under the Act of March 4, 1913

10 (16 U.S.C. 501) shall be transferred to the General Fund

11 of the Treasury of the United States: Provided further,

12 That not to exceed $50,000,000, to remain available until

13 expended, may be obligated for the construction of forest

14 roads by timber purchasersΩ96æ: Provided further, That

15 $2,500,000 of the funds appropriated herein shall be avail16 able for a grant to the ‘‘Non-Profit Citizens for the Colum17 bia Gorge Discovery Center’’ for the construction of the Co18 lumbia Gorge Discovery Center: Provided further, That the

19 Forest Service is authorized to grant the unobligated bal20 ance of funds appropriated in fiscal year 1995 for the con21 struction of the Columbia Gorge Discovery Center to the

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

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

24 That the Forest Service is authorized to convey the land

25 needed for the construction of the Columbia Gorge Discovery
68

HR 1977 PP

1 Center without cost to the ‘‘Non-Profit Citizens for the Co2 lumbia Gorge Discovery Center’’Ω97æ: Provided further,

3 That notwithstanding any other provision of law, funds

4 originally appropriated under this head in Public Law

5 101–512 for the Forest Service share of a new research facil6 ity at the University of Missouri, Columbia, shall be avail7 able for a grant to the University of Missouri, as the Fed8 eral share in the construction of the new facility: Provided

9 further, That agreed upon lease of space in the new facility

10 shall be provided to the Forest Service without charge for

11 the life of the building.

12 LAND ACQUISITION

13 For expenses necessary to carry out the provisions

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

15 as amended (16 U.S.C. 460l–4–11), including administra16 tive expenses, and for acquisition of land or waters, or in17 terest therein, in accordance with statutory authority ap18 plicable to the Forest Service, Ω98æ$14,600,000

19 $41,167,000, to be derived from the Land and Water Con20 servation Fund, to remain available until expendedΩ99æ,

21 of which $275,000 may be made available from the cash

22 equalization account for the acquisition of Mt. Jumbo in

23 the Lolo National Forest, MontanaΩ100æ: Provided, That

24 of the amounts made available for acquisition management,
69

HR 1977 PP

1 $1,000,000 may be made available for the purchase of sub2 surface rights in the Kane Experiment Forest.

3 ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL

4 ACTS

5 For acquisition of lands within the exterior bound6 aries of the Cache, Uinta, and Wasatch National Forests,

7 Utah; the Toiyabe National Forest, Nevada; and the An8 geles, San Bernardino, Sequoia, and Cleveland National

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

10 be derived from forest receipts.

11 ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES

12 For acquisition of lands, to be derived from funds de13 posited by State, county, or municipal governments, public

14 school districts, or other public school authorities pursuant

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

16 484a), to remain available until expended.

17 RANGE BETTERMENT FUND

18 For necessary expenses of range rehabilitation, pro19 tection, and improvement, 50 per centum of all moneys

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

21 domestic livestock on lands in National Forests in the six22 teen Western States, pursuant to section 401(b)(1) of

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

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

25 available for administrative expenses associated with on-
70

HR 1977 PP

1 the-ground range rehabilitation, protection, and improve2 ments.

3 GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND

4 RANGELAND RESEARCH

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

6 $92,000, to remain available until expended, to be derived

7 from the fund established pursuant to the above Act.

8 ADMINISTRATIVE PROVISIONS, FOREST SERVICE

9 Appropriations to the Forest Service for the current

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

11 exceed 183 passenger motor vehicles of which 32 will be

12 used primarily for law enforcement purposes and of which

13 151 shall be for replacement; acquisition of 22 passenger

14 motor vehicles from excess sources, and hire of such vehi15 cles; operation and maintenance of aircraft, the purchase

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

17 of 20 aircraft from excess sources; notwithstanding other

18 provisions of law, existing aircraft being replaced may be

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

20 the purchase price for the replacement aircraft; (b) serv21 ices pursuant to the second sentence of section 706(a) of

22 the Organic Act of 1944 (7 U.S.C. 2225), and not to ex23 ceed $100,000 for employment under 5 U.S.C. 3109; (c)

24 purchase, erection, and alteration of buildings and other

25 public improvements (7 U.S.C. 2250); (d) acquisition of
71

HR 1977 PP

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

2 of August 3, 1956 (7 U.S.C. 428a); (e) for expenses pur3 suant to the Volunteers in the National Forest Act of

4 1972 (16 U.S.C. 558a, 558d, 558a note); and (f) for debt

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

6 None of the funds made available under this Act shall

7 be obligated or expended to change the boundaries of any

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

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

10 Forest System administration of the Forest Service, De11 partment of Agriculture, Ω101æor to implement any reor12 ganization, ‘‘reinvention’’ or other type of organizational

13 restructuring of the Forest Service, without the consent of

14 the House and Senate Committees on Appropriations and

15 the Committee on Agriculture, Nutrition, and Forestry

16 Ω102æand the Committee on Energy and Natural Resources

17 in the United States Senate and the Committee on Agri18 culture Ω103æand the Committee on Resources in the Unit19 ed States House of Representatives.

20 Any appropriations or funds available to the Forest

21 Service may be advanced to the Fire and Emergency Sup22 pression appropriation and may be used for forest fire23 fighting and the emergency rehabilitation of burned-over

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

25 be made available under this authority until funds appro-
72

HR 1977 PP

1 priated to the ‘‘Emergency Forest Service Firefighting

2 Fund’’ shall have been exhausted.

3 Ω104æThe appropriation structure for the Forest Serv4 ice may not be altered without advance approval of the

5 House and Senate Committee on Appropriations.

6 Funds appropriated to the Forest Service shall be

7 available for assistance to or through the Agency for Inter8 national Development and the Foreign Agricultural Serv9 ice in connection with forest and rangeland research, tech10 nical information, and assistance in foreign countries, and

11 shall be available to support forestry and related natural

12 resource activities outside the United States and its terri13 tories and possessions, including technical assistance, edu14 cation and training, and cooperation with United States

15 and international organizations.

16 None of the funds made available to the Forest Serv17 ice under this Act shall be subject to transfer under the

18 provisions of section 702(b) of the Department of Agri19 culture Organic Act of 1944 (7 U.S.C. 2257) or 7 U.S.C.

20 147b unless the proposed transfer is approved in advance

21 by the House and Senate Committees on Appropriations

22 in compliance with the reprogramming procedures con23 tained in House Report 103–551.

24 No funds appropriated to the Forest Service shall be

25 transferred to the Working Capital Fund of the Depart-
73

HR 1977 PP

1 ment of Agriculture without the approval of the Chief of

2 the Forest Service.

3 Notwithstanding any other provision of law, any ap4 propriations or funds available to the Forest Service may

5 be used to disseminate program information to private and

6 public individuals and organizations through the use of

7 nonmonetary items of nominal value and to provide

8 nonmonetary awards of nominal value and to incur nec9 essary expenses for the nonmonetary recognition of private

10 individuals and organizations that make contributions to

11 Forest Service programs.

12 Notwithstanding any other provision of law, money

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

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

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

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

17 permit applications and for costs incurred in monitoring

18 the construction, operation, maintenance, and termination

19 of any pipeline and related facilities, may be used to reim20 burse the applicable appropriation to which such costs

21 were originally charged.

22 Funds available to the Forest Service shall be avail23 able to conduct a program of not less than $1,000,000

24 for high priority projects within the scope of the approved

25 budget which shall be carried out by the Youth Conserva-
74

HR 1977 PP

1 tion Corps as authorized by the Act of August 13, 1970,

2 as amended by Public Law 93–408.

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

4 for timber sale preparation using clearcutting in hardwood

5 stands in excess of 25 percent of the fiscal year 1989 har6 vested volume in the Wayne National Forest, Ohio: Pro7 vided, That this limitation shall not apply to hardwood

8 stands damaged by natural disaster: Provided further,

9 That landscape architects shall be used to maintain a vis10 ually pleasing forest.

11 Any money collected from the States for fire suppres12 sion assistance rendered by the Forest Service on non13 Federal lands not in the vicinity of National Forest Sys14 tem lands shall be used to reimburse the applicable appro15 priation and shall remain available until expended as the

16 Secretary may direct in conducting activities authorized

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

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

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

20 reception and representation expenses.

21 Notwithstanding any other provision of law, the For22 est Service is authorized to employ or otherwise contract

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

24 Service, to perform work occasioned by emergencies such

25 as fires, storms, floods, earthquakes or any other unavoid-
75

HR 1977 PP

1 able cause without regard to Sundays, Federal holidays,

2 and the regular workweek.

3 To the greatest extent possible, and in accordance

4 with the Final Amendment to the Shawnee National For5 est Plan, none of the funds available in this Act shall be

6 used for preparation of timber sales using clearcutting or

7 other forms of even aged management in hardwood stands

8 in the Shawnee National Forest, Illinois.

9 Funds appropriated to the Forest Service shall be

10 available for interactions with and providing technical as11 sistance to rural communities for sustainable rural devel12 opment purposes.

13 Ω105æNotwithstanding any other provision of law,

14 eighty percent of the funds appropriated to the Forest

15 Service in the National Forest System and Construction

16 accounts and planned to be allocated to activities under

17 the ‘‘Jobs in the Woods’’ program for projects on National

18 Forest land in the State of Washington may be granted

19 directly to the Washington State Department of Fish and

20 Wildlife for accomplishment of planned projects. Twenty

21 percent of said funds shall be retained by the Forest Serv22 ice for planning and administering projects. Project selec23 tion and prioritization shall be accomplished by the Forest

24 Service with such consultation with the State of Washing25 ton as the Forest Service deems appropriate.
76

HR 1977 PP

1 Ω106æNone of the funds available in this Act shall

2 be used for any activity that directly or indirectly causes

3 harm to songbirds within the boundaries of the Shawnee

4 National Forest.

5 Ω107æNone of the funds provided by this Act shall be

6 used to revise or implement a new Tongass Land Manage7 ment Plan (TLMP).

8 Ω108æNone of the funds provided in this or any other

9 appropriations Act may be used on the Tongass National

10 Forest except in compliance with Alternative P, identified

11 in the Tongass Land Management Plan Revision Supple12 ment to the Draft Environmental Impact Statement dated

13 August 1991.

14 Ω109æNone of the funds appropriated under this Act

15 for the Forest Service shall be made available for the pur16 pose of applying paint to rocks, or rock colorization: Pro17 vided, That notwithstanding any other provision of law, the

18 Forest Service shall not require of any individual or entity,

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

20 as a requirement of compliance with the National Environ21 mental Policy Act of 1969 (42 U.S.C. 4231 et seq.), the

22 painting or colorization of rocks.
77

HR 1977 PP

1 DEPARTMENT OF ENERGY

2 FOSSIL ENERGY RESEARCH AND DEVELOPMENT

3 For necessary expenses in carrying out fossil energy

4 research and development activities, under the authority

5 of the Department of Energy Organization Act (Public

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

8 or any facility or for plant or facility acquisition or expan9 sion, Ω110æ$379,524,000 $376,181,000, to remain avail10 able until expended: Provided, That no part of the sum

11 herein made available shall be used for the field testing

12 of nuclear explosives in the recovery of oil and gasΩ111æ:

13 Provided further, That any new project start funded under

14 this heading shall be substantially cost-shared with a pri15 vate entity to the extent determined appropriate by the Sec16 retary of Energy.

17 ALTERNATIVE FUELS PRODUCTION

18 (INCLUDING TRANSFER OF FUNDS)

19 Monies received as investment income on the prin20 cipal amount in the Great Plains Project Trust at the

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

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

23 account and immediately transferred to the General Fund

24 of the Treasury. Monies received as revenue sharing from

25 the operation of the Great Plains Gasification Plant shall
78

HR 1977 PP

1 be immediately transferred to the General Fund of the

2 Treasury.

3 NAVAL PETROLEUM AND OIL SHALE RESERVES

4 For necessary expenses in carrying out naval petro5 leum and oil shale reserve activities, Ω112æ$151,028,000

6 $136,028,000, to remain available until expended: Pro7 vided, That the requirements of 10 U.S.C. 7430(b)(2)(B)

8 shall not apply to fiscal year 1996Ω113æ: Provided further,

9 That section 501 of Public Law 101–45 is hereby repealed.

10 ENERGY CONSERVATION

11 For necessary expenses in carrying out energy con12 servation activities, Ω114æ$556,371,000 $576,976,000, to

13 remain available until expended, including, notwithstand14 ing any other provision of law, the excess amount for fiscal

15 year 1996 determined under the provisions of section

16 3003(d) of Public Law 99–509 (15 U.S.C. 4502), and of

17 which $16,000,000 shall be derived from available unobli18 gated balances in the Biomass Energy Development ac19 count: Provided, That Ω115æ$148,946,000 $168,946,000

20 shall be for use in energy conservation programs as de21 fined in section 3008(3) of Public Law 99–509 (15 U.S.C.

22 4507) and shall not be available until excess amounts are

23 determined under the provisions of section 3003(d) of

24 Public Law 99–509 (15 U.S.C. 4502): Provided further,

25 That notwithstanding section 3003(d)(2) of Public Law
79

HR 1977 PP

1 99–509 such sums shall be allocated to the eligible pro2 grams as follows: Ω116æ$110,946,000 $137,446,000 for

3 the weatherization assistance program and

4 Ω117æ$26,500,000 $31,500,000 for the State energy con5 servation program.

6 ECONOMIC REGULATION

7 For necessary expenses in carrying out the activities

8 of the Economic Regulatory Administration and the Office

9 of Hearings and Appeals, Ω118æ$6,297,000 $8,038,000, to

10 remain available until expended.

11 STRATEGIC PETROLEUM RESERVE

12 (INCLUDING TRANSFER OF FUNDS)

13 For necessary expenses for Strategic Petroleum Re14 serve facility development and operations and program

15 management activities pursuant to the Energy Policy and

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

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

18 of which $187,000,000 shall be derived by transfer of un19 obligated balances from the ‘‘SPR petroleum account’’ and

20 $100,000,000 shall be derived by transfer from the ‘‘SPR

21 Decommissioning Fund’’: Provided, That notwithstanding

22 section 161 of the Energy Policy and Conservation Act,

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

24 barrels of oil from the Strategic Petroleum Reserve: Pro25 vided further, That the proceeds from the sale shall be de-
80

HR 1977 PP

1 posited into a special account in the Treasury, to be estab2 lished and known as the ‘‘SPR Decommissioning Fund’’,

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

4 from and decommissioning of the Weeks Island site and

5 for other purposes related to the operations of the Strate6 gic Petroleum Reserve.

7 SPR PETROLEUM ACCOUNT

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

9 States share of crude oil in Naval Petroleum Reserve

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

11 of to other than the Strategic Petroleum Reserve: Pro12 vided, That outlays in fiscal year 1996 resulting from the

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

14 ENERGY INFORMATION ADMINISTRATION

15 For necessary expenses in carrying out the activities

16 of the Energy Information Administration,

17 Ω119æ$79,766,000 $64,766,000, to remain available until

18 expended: Provided, That notwithstanding Section 4(d) of

19 the Service Contract Act of 1965 (41 U.S.C. 353(d)) or

20 any other provision of law, funds appropriated under this

21 heading hereafter may be used to enter into a contract

22 for end use consumption surveys for a term not to exceed

23 eight years: Provided further, That notwithstanding any

24 other provision of law, hereafter the Manufacturing En-
81

HR 1977 PP

1 ergy Consumption Survey shall be conducted on a triennial

2 basis.

3 ADMINISTRATIVE PROVISIONS, DEPARTMENT OF ENERGY

4 Appropriations under this Act for the current fiscal

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

6 hire, maintenance, and operation of aircraft; purchase, re7 pair, and cleaning of uniforms; and reimbursement to the

8 General Services Administration for security guard serv9 ices.

10 From appropriations under this Act, transfers of

11 sums may be made to other agencies of the Government

12 for the performance of work for which the appropriation

13 is made.

14 None of the funds made available to the Department

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

16 finance authorized price support or loan guarantee pro17 grams unless specific provision is made for such programs

18 in an appropriations Act.

19 The Secretary is authorized to accept lands, build20 ings, equipment, and other contributions from public and

21 private sources and to prosecute projects in cooperation

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

23 Provided, That revenues and other moneys received by or

24 for the account of the Department of Energy or otherwise

25 generated by sale of products in connection with projects
82

HR 1977 PP

1 of the Department appropriated under this Act may be

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

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

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

5 in appropriate cost-sharing contracts or agreements: Pro6 vided further, That the remainder of revenues after the

7 making of such payments shall be covered into the Treas8 ury as miscellaneous receipts: Provided further, That any

9 contract, agreement, or provision thereof entered into by

10 the Secretary pursuant to this authority shall not be exe11 cuted prior to the expiration of 30 calendar days (not in12 cluding any day in which either House of Congress is not

13 in session because of adjournment of more than three cal14 endar days to a day certain) from the receipt by the

15 Speaker of the House of Representatives and the Presi16 dent of the Senate of a full comprehensive report on such

17 project, including the facts and circumstances relied upon

18 in support of the proposed project.

19 No funds provided in this Act may be expended by

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

21 procurement documents for programs or projects for

22 which appropriations have not been made.
83

HR 1977 PP

1 DEPARTMENT OF HEALTH AND HUMAN

2 SERVICES

3 INDIAN HEALTH SERVICE

4 INDIAN HEALTH SERVICES

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

8 titles II and III of the Public Health Service Act with re9 spect to the Indian Health Service, Ω120æ$1,725,792,000

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

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

12 furnished by the Indian Health Service: Provided, That

13 funds made available to tribes and tribal organizations

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

17 2203; 25 U.S.C. 450), shall be deemed to be obligated at

18 the time of the grant or contract award and thereafter

19 shall remain available to the tribe or tribal organization

20 without fiscal year limitation: Provided further, That

21 $12,000,000 shall remain available until expended, for the

22 Indian Catastrophic Health Emergency Fund: Provided

23 further, That Ω121æ$351,258,000 $350,564,000 for con24 tract medical care shall remain available for obligation

25 until September 30, 1997: Provided further, That of the
84

HR 1977 PP

1 funds provided, not less than $11,306,000 shall be used

2 to carry out the loan repayment program under section

3 108 of the Indian Health Care Improvement Act, as

4 amended: Provided further, That funds provided in this

5 Act may be used for one-year contracts and grants which

6 are to be performed in two fiscal years, so long as the

7 total obligation is recorded in the year for which the funds

8 are appropriated: Provided further, That the amounts col9 lected by the Secretary of Health and Human Services

10 under the authority of title IV of the Indian Health Care

11 Improvement Act shall be available for two fiscal years

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

13 purpose of achieving compliance with the applicable condi14 tions and requirements of titles XVIII and XIX of the So15 cial Security Act (exclusive of planning, design, or con16 struction of new facilities): Provided further, That of the

17 funds provided, $7,500,000 shall remain available until ex18 pended, for the Indian Self-Determination Fund, which

19 shall be available for the transitional costs of initial or ex20 panded tribal contracts, grants or cooperative agreements

21 with the Indian Health Service under the provisions of the

22 Indian Self-Determination Act: Provided further, That

23 funding contained herein, and in any earlier appropria24 tions Acts for scholarship programs under the Indian

25 Health Care Improvement Act (25 U.S.C. 1613) shall re-
85

HR 1977 PP

1 main available for obligation until September 30, 1997:

2 Provided further, That amounts received by tribes and

3 tribal organizations under title IV of the Indian Health

4 Care Improvement Act, as amended, shall be reported and

5 accounted for and available to the receiving tribes and

6 tribal organizations until expended.

7 INDIAN HEALTH FACILITIES

8 For construction, repair, maintenance, improvement,

9 and equipment of health and related auxiliary facilities,

10 including quarters for personnel; preparation of plans,

11 specifications, and drawings; acquisition of sites, purchase

12 and erection of modular buildings, and purchases of trail13 ers; and for provision of domestic and community sanita14 tion facilities for Indians, as authorized by section 7 of

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

16 Self-Determination Act and the Indian Health Care Im17 provement Act, and for expenses necessary to carry out

18 the Act of August 5, 1954 (68 Stat. 674), the Indian Self19 Determination Act, the Indian Health Care Improvement

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

21 with respect to environmental health and facilities support

22 activities of the Indian Health Service,

23 Ω122æ$236,975,000 $151,227,000, to remain available

24 until expended: Provided, That notwithstanding any other

25 provision of law, funds appropriated for the planning, de-
86

HR 1977 PP

1 sign, construction or renovation of health facilities for the

2 benefit of an Indian tribe or tribes may be used to pur3 chase land for sites to construct, improve, or enlarge

4 health or related facilities.

5 ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE

6 Appropriations in this Act to the Indian Health Serv7 ice shall be available for services as authorized by 5 U.S.C.

8 3109 but at rates not to exceed the per diem rate equiva9 lent to the maximum rate payable for senior-level positions

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

11 aircraft; purchase of medical equipment; purchase of re12 prints; purchase, renovation and erection of modular

13 buildings and renovation of existing facilities; payments

14 for telephone service in private residences in the field,

15 when authorized under regulations approved by the Sec16 retary; and for uniforms or allowances therefor as author17 ized by law (5 U.S.C. 5901–5902); and for expenses of

18 attendance at meetings which are concerned with the func19 tions or activities for which the appropriation is made or

20 which will contribute to improved conduct, supervision, or

21 management of those functions or activities: Provided,

22 That in accordance with the provisions of the Indian

23 Health Care Improvement Act, non-Indian patients may

24 be extended health care at all tribally administered or In25 dian Health Service facilities, subject to charges, and the
87

HR 1977 PP

1 proceeds along with funds recovered under the Federal

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

3 credited to the account of the facility providing the service

4 and shall be available without fiscal year limitation: Pro5 vided further, That notwithstanding any other law or regu6 lation, funds transferred from the Department of Housing

7 and Urban Development to the Indian Health Service

8 shall be administered under Public Law 86–121 (the In9 dian Sanitation Facilities Act) and Public Law 93–638,

10 as amended: Provided further, That funds appropriated to

11 the Indian Health Service in this Act, except those used

12 for administrative and program direction purposes, shall

13 not be subject to limitations directed at curtailing Federal

14 travel and transportation: Provided further, That the In15 dian Health Service shall neither bill nor charge those In16 dians who may have the economic means to pay unless

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

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

19 to implement such a policy: Provided further, That, not20 withstanding any other provision of law, funds previously

21 or herein made available to a tribe or tribal organization

22 through a contract, grant or agreement authorized by

23 Title I of the Indian Self-Determination and Education

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

25 may be deobligated and reobligated to a self-governance
88

HR 1977 PP

1 funding agreement under Title III of the Indian Self-De2 termination and Education Assistance Act of 1975 and

3 thereafter shall remain available to the tribe or tribal orga4 nization without fiscal year limitation: Provided further,

5 That none of the funds made available to the Indian

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

7 final rule published in the Federal Register on September

8 16, 1987, by the Department of Health and Human Serv9 ices, relating to eligibility for the health care services of

10 the Indian Health Service until the Indian Health Service

11 has submitted a budget request reflecting the increased

12 costs associated with the proposed final rule, and such re13 quest has been included in an appropriations Act and en14 acted into law: Provided further, That funds made avail15 able in this Act are to be apportioned to the Indian Health

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

17 the appropriation structure set forth in this Act: Provided

18 further, That the appropriation structure for the Indian

19 Health Service may not be altered without advance ap20 proval of the House and Senate Committees on Appropria21 tions.
89

HR 1977 PP

1 DEPARTMENT OF EDUCATION

2 OFFICE OF ELEMENTARY AND SECONDARY EDUCATION

3 INDIAN EDUCATION

4 For necessary expenses to carry out, to the extent

5 not otherwise provided, title IX, part A, subpart 1 of the

6 Elementary and Secondary Education Act of 1965, as

7 amended, and section 215 of the Department of Education

8 Organization Act, Ω123æ$52,500,000 $54,660,000.

9 OTHER RELATED AGENCIES

10 OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION

11 SALARIES AND EXPENSES

12 For necessary expenses of the Office of Navajo and

13 Hopi Indian Relocation as authorized by Public Law 93–

14 531, Ω124æ$21,345,000 $20,345,000, to remain available

15 until expended: Provided, That funds provided in this or

16 any other appropriations Act are to be used to relocate

17 eligible individuals and groups including evictees from Dis18 trict 6, Hopi-partitioned lands residents, those in signifi19 cantly substandard housing, and all others certified as eli20 gible and not included in the preceding categories: Pro21 vided further, That none of the funds contained in this

22 or any other Act may be used by the Office of Navajo

23 and Hopi Indian Relocation to evict any single Navajo or

24 Navajo family who, as of November 30, 1985, was phys25 ically domiciled on the lands partitioned to the Hopi Tribe
90

HR 1977 PP

1 unless a new or replacement home is provided for such

2 household: Provided further, That no relocatee will be pro3 vided with more than one new or replacement home: Pro4 vided further, That the Office shall relocate any certified

5 eligible relocatees who have selected and received an ap6 proved homesite on the Navajo reservation or selected a

7 replacement residence off the Navajo reservation or on the

8 land acquired pursuant to 25 U.S.C. 640d–10.

9 INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE

10 CULTURE AND ARTS DEVELOPMENT

11 PAYMENT TO THE INSTITUTE

12 For payment to the Institute of American Indian and

13 Alaska Native Culture and Arts Development, as author14 ized by title XV of Public Law 99–498 (20 U.S.C. 4401

15 et seq.), $5,500,000.

16 SMITHSONIAN INSTITUTION

17 SALARIES AND EXPENSES

18 For necessary expenses of the Smithsonian Institu19 tion, as authorized by law, including research in the fields

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

21 documentation of the National Collections; presentation of

22 public exhibits and performances; collection, preparation,

23 dissemination, and exchange of information and publica24 tions; conduct of education, training, and museum assist25 ance programs; maintenance, alteration, operation, lease
91

HR 1977 PP

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

2 buildings, facilities, and approaches; not to exceed

3 $100,000 for services as authorized by 5 U.S.C. 3109; up

4 to 5 replacement passenger vehicles; purchase, rental, re5 pair, and cleaning of uniforms for employees;

6 Ω125æ$309,471,000 $307,988,000, of which not to exceed

7 Ω126æ$32,000,000 $30,472,000 for the instrumentation

8 program, collections acquisition, Museum Support Center

9 equipment and move, exhibition reinstallation, the Na10 tional Museum of the American Indian, the repatriation

11 of skeletal remains program, research equipment, informa12 tion management, and Latino programming shall remain

13 available until expended and, including such funds as may

14 be necessary to support American overseas research cen15 ters and a total of $125,000 for the Council of American

16 Overseas Research Centers: Provided, That funds appro17 priated herein are available for advance payments to inde18 pendent contractors performing research services or par19 ticipating in official Smithsonian presentations.

20 CONSTRUCTION AND IMPROVEMENTS, NATIONAL

21 ZOOLOGICAL PARK

22 For necessary expenses of planning, construction, re23 modeling, and equipping of buildings and facilities at the

24 National Zoological Park, by contract or otherwise,
92

HR 1977 PP

1 Ω127æ$3,000,000 $3,250,000, to remain available until ex2 pended.

3 REPAIR AND RESTORATION OF BUILDINGS

4 For necessary expenses of repair and restoration of

5 buildings owned or occupied by the Smithsonian Institu6 tion, by contract or otherwise, as authorized by section

7 2 of the Act of August 22, 1949 (63 Stat. 623), including

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

9 U.S.C. 3109, Ω128æ$24,954,000 $33,954,000, to remain

10 available until expended: Provided, That contracts award11 ed for environmental systems, protection systems, and ex12 terior repair or restoration of buildings of the Smithsonian

13 Institution may be negotiated with selected contractors

14 and awarded on the basis of contractor qualifications as

15 well as price.

16 CONSTRUCTION

17 For necessary expenses for construction,

18 Ω129æ$12,950,000 $27,700,000, to remain available until

19 expendedΩ130æ.–Provided, That notwithstanding any

20 other provision of law, a single procurement for the con21 struction of the National Museum of the American Indian

22 Cultural Resources Center may be issued which includes

23 the full scope of the project: Provided further, That the

24 solicitation and the contract shall contain the clause

25 ‘‘availability of funds’’ found at 48 CFR 52.232.18.
93

HR 1977 PP

1 NATIONAL GALLERY OF ART

2 SALARIES AND EXPENSES

3 For the upkeep and operations of the National Gal4 lery of Art, the protection and care of the works of art

5 therein, and administrative expenses incident thereto, as

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

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

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

9 services as authorized by 5 U.S.C. 3109; payment in ad10 vance when authorized by the treasurer of the Gallery for

11 membership in library, museum, and art associations or

12 societies whose publications or services are available to

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

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

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

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

17 purchase or rental of devices and services for protecting

18 buildings and contents thereof, and maintenance, alter19 ation, improvement, and repair of buildings, approaches,

20 and grounds; and purchase of services for restoration and

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

22 contracts made, without advertising, with individuals,

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

24 such terms and conditions as the Gallery may deem prop25 er, Ω131æ$51,315,000 $51,844,000, of which not to exceed
94

HR 1977 PP

1 $3,026,000 for the special exhibition program shall remain

2 available until expended.

3 REPAIR, RESTORATION AND RENOVATION OF BUILDINGS

4 For necessary expenses of repair, restoration and

5 renovation of buildings, grounds and facilities owned or

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

7 otherwise, as authorized Ω132æ$5,500,000 $7,385,000, to

8 remain available until expended: Provided, That contracts

9 awarded for environmental systems, protection systems,

10 and exterior repair or renovation of buildings of the Na11 tional Gallery of Art may be negotiated with selected con12 tractors and awarded on the basis of contractor qualifica13 tions as well as price.

14 JOHN F. KENNEDY CENTER FOR THE PERFORMING

15 ARTS

16 OPERATIONS AND MAINTENANCE

17 For necessary expenses for the operation, mainte18 nance and security of the John F. Kennedy Center for

19 the Performing Arts, Ω133æ$9,800,000

20 $10,323,000Ω134æ: Provided, That 40 U.S.C. 193n is here21 by amended by striking the word ‘‘and’’ after the word ‘‘In22 stitution’’ and inserting in lieu thereof a comma, and by

23 inserting ‘‘and the Trustees of the John F. Kennedy Center

24 for the Performing Arts,’’ after the word ‘‘Art,’’.
95

HR 1977 PP

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, Ω135æ$5,140,100

13 $6,537,000.

14 NATIONAL FOUNDATION ON THE ARTS AND THE

15 HUMANITIES

16 NATIONAL ENDOWMENT FOR THE ARTS

17 GRANTS AND ADMINISTRATION

18 For necessary expenses to carry out the National

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

20 amended, Ω136æ$82,259,000 $88,765,000Ω137æ,–subject

21 to passage by the House of Representatives of a bill au22 thorizing such appropriation, shall be available to the Na23 tional Endowment for the Arts for the support of projects

24 and productions in the arts through assistance to groups

25 and individuals pursuant to section 5(c) of the Act, and
96

HR 1977 PP

1 for administering the functions of the Act, to remain avail2 able until September 30, 1997.

3 MATCHING GRANTS

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

5 National Foundation on the Arts and the Humanities Act

6 of 1965, as amended, Ω138æ$17,235,000

7 $21,235,000Ω139æ,–subject to passage by the House of

8 Representatives of a bill authorizing such appropriation,

9 to remain available until September 30, 1997, to the Na10 tional Endowment for the Arts, of which $7,500,000 shall

11 be available for purposes of section 5(p)(1): Provided,

12 That this appropriation shall be available for obligation

13 only in such amounts as may be equal to the total amounts

14 of gifts, bequests, and devises of money, and other prop15 erty accepted by the Chairman or by grantees of the En16 dowment under the provisions of section 10(a)(2), sub17 sections 11(a)(2)(A) and 11(a)(3)(A) during the current

18 and preceding fiscal years for which equal amounts have

19 not previously been appropriated.

20 NATIONAL ENDOWMENT FOR THE HUMANITIES

21 GRANTS AND ADMINISTRATION

22 For necessary expenses to carry out the National

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

24 as amended, Ω140æ$82,469,000 $94,000,000 shall be

25 available to the National Endowment for the Humanities

26 for support of activities in the humanities, pursuant to
97

HR 1977 PP

1 section 7(c) of the Act, and for administering the func2 tions of the Act, to remain available until September 30,

3 1997.

4 MATCHING GRANTS

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

6 National Foundation on the Arts and the Humanities Act

7 of 1965, as amended, Ω141æ$17,025,000 $16,000,000, to

8 remain available until September 30, 1997, of which

9 Ω142æ$9,180,000 $10,000,000 shall be available to the

10 National Endowment for the Humanities for the purposes

11 of section 7(h): Provided, That this appropriation shall be

12 available for obligation only in such amounts as may be

13 equal to the total amounts of gifts, bequests, and devises

14 of money, and other property accepted by the Chairman

15 or by grantees of the Endowment under the provisions of

16 subsections 11(a)(2)(B) and 11(a)(3)(B) during the cur17 rent and preceding fiscal years for which equal amounts

18 have not previously been appropriated.

19 INSTITUTE OF MUSEUM SERVICES

20 GRANTS AND ADMINISTRATION

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

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

23 to remain available until September 30, 1997.

24 ADMINISTRATIVE PROVISIONS

25 None of the funds appropriated to the National

26 Foundation on the Arts and the Humanities may be used
98

HR 1977 PP

1 to process any grant or contract documents which do not

2 include the text of 18 U.S.C. 1913: Provided, That none

3 of the funds appropriated to the National Foundation on

4 the Arts and the Humanities may be used for official re5 ception and representation expenses.

6 COMMISSION OF FINE ARTS

7 SALARIES AND EXPENSES

8 For expenses made necessary by the Act establishing

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

10 NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS

11 For necessary expenses as authorized by Public Law

12 99–190 (99 Stat. 1261; 20 U.S.C. 956(a)), as amended,

13 $6,000,000.

14 ADVISORY COUNCIL ON HISTORIC PRESERVATION

15 SALARIES AND EXPENSES

16 For expenses necessary for the Advisory Council on

17 Historic Preservation, Ω143æ$3,063,000 $2,500,000.

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 not to exceed the rate for Executive

25 Schedule Level IV.
99

HR 1977 PP

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), Ω144æ$48,000 $147,000, to re7 main available until September 30, 1997.

8 PENNSYLVANIA AVENUE DEVELOPMENT CORPORATION

9 Ω145æSALARIES AND EXPENSES

10 For necessary expenses for the orderly closure of the

11 Pennsylvania Avenue Development Corporation,

12 $2,000,000.

13 Ω146æPUBLIC DEVELOPMENT

14 Funds made available under this heading in prior

15 years shall be available for operating and administrative

16 expenses of the Corporation.

17 UNITED STATES HOLOCAUST MEMORIAL COUNCIL

18 HOLOCAUST MEMORIAL COUNCIL

19 For expenses of the Holocaust Memorial Council, as

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

21 Ω147æ$28,707,000 $26,609,000; of which $1,575,000 for

22 the Museum’s repair and rehabilitation program

23 Ω148æand $1,264,000 for the Museum’s exhibition pro24 gram shall remain available until expended.
100

HR 1977 PP

1 TITLE III—GENERAL PROVISIONS

2 SEC. 301. The expenditure of any appropriation

3 under this Act for any consulting service through procure4 ment contract, pursuant to 5 U.S.C. 3109, shall be limited

5 to those contracts where such expenditures are a matter

6 of public record and available for public inspection, except

7 where otherwise provided under existing law, or under ex8 isting Executive order issued pursuant to existing law.

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

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

11 the Secretary of Agriculture for the leasing of oil and nat12 ural gas by noncompetitive bidding on publicly owned

13 lands within the boundaries of the Shawnee National For14 est, Illinois: Provided, That nothing herein is intended to

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

16 to minerals owned by private individuals.

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

18 this Act shall be available for any activity or the publica19 tion or distribution of literature that in any way tends to

20 promote public support or opposition to any legislative

21 proposal on which congressional action is not complete.

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

23 this Act shall remain available for obligation beyond the

24 current fiscal year unless expressly so provided herein.
101

HR 1977 PP

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

2 any department or agency shall be obligated or expended

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

4 servants to any officer or employee of such department

5 or agency except as otherwise provided by law.

6 SEC. 306. No assessments may be levied against any

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

8 this Act unless notice of such assessments and the basis

9 therefor are presented to the Committees on Appropria10 tions and are approved by such Committees.

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

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

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

14 expending the funds the entity will comply with sections

15 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a–

16 10c; popularly known as the ‘‘Buy American Act’’).

17 (b) SENSE OF CONGRESS; REQUIREMENT REGARD18 ING NOTICE.—

19 (1) PURCHASE OF AMERICAN-MADE EQUIPMENT

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

21 product that may be authorized to be purchased

22 with financial assistance provided using funds made

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

24 that entities receiving the assistance should, in ex-
102

HR 1977 PP

1 pending the assistance, purchase only American2 made equipment and products.

3 (2) NOTICE TO RECIPIENTS OF ASSISTANCE.—

4 In providing financial assistance using funds made

5 available in this Act, the head of each Federal agen6 cy shall provide to each recipient of the assistance

7 a notice describing the statement made in paragraph

8 (1) by the Congress.

9 (c) PROHIBITION OF CONTRACTS WITH PERSONS

10 FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—

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

12 agency that any person intentionally affixed a label bear13 ing a ‘‘Made in America’’ inscription, or any inscription

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

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

16 States, the person shall be ineligible to receive any con17 tract or subcontract made with funds made available in

18 this Act, pursuant to the debarment, suspension, and ineli19 gibility procedures described in sections 9.400 through

20 9.409 of title 48, Code of Federal Regulations.

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

22 to plan, prepare, or offer for sale timber from trees classi23 fied as giant sequoia (sequoiadendron giganteum) which

24 are located on National Forest System or Bureau of Land
103

HR 1977 PP

1 Management lands in a manner different than such sales

2 were conducted in fiscal year 1995.

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

4 Act may be obligated or expended by the National Park

5 Service to enter into or implement a concession contract

6 which permits or requires the removal of the underground

7 lunchroom at the Carlsbad Caverns National Park.

8 SEC. 310. Where the actual costs of construction

9 projects under self-determination contracts, compacts, or

10 grants, pursuant to Public Laws 93–638, Ω149æ100–413

11 103–413, or 100–297, are less than the estimated costs

12 thereof, use of the resulting excess funds shall be deter13 mined by the appropriate Secretary after consultation with

14 the tribes.

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

16 quarterly payments of funds to tribes and tribal organiza17 tions under annual funding agreements pursuant to sec18 tion 108 of Public Law 93–638, as amended, may be made

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

20 quarter.

21 Ω150æSEC. 312. None of funds in this Act may be

22 used for the Americorps program.

23 SEC. 312. None of funds appropriated or otherwise

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

25 program, unless the relevant agencies of the Department of
104

HR 1977 PP

1 the Interior and/or Agriculture follow appropriate

2 reprogramming guidelines: Provided, That if no funds are

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

4 Independent Agencies fiscal year 1996 appropriations bill,

5 then none of the funds appropriated or otherwise made

6 available by this Act may be used for the AmeriCorps pro7 grams.

8 Ω151æSEC. 313. (a) On or before April 1, 1996, the

9 Pennsylvania Avenue Development Corporation shall—

10 (1) transfer and assign in accordance with this

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

12 all of the leases, covenants, agreements, and ease13 ments it has executed or will execute by March 31,

14 1996, in carrying out its powers and duties under

15 the Pennsylvania Avenue Development Corporation

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

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

18 General Services Administration, National Capital

19 Planning Commission, or the National Park Service;

20 and

21 (2) except as provided by subsection (d), trans22 fer all rights, title, and interest in and to all prop23 erty, both real and personal, held in the name of the

24 Pennsylvania Avenue Development Corporation to

25 the General Services Administration.
105

HR 1977 PP

1 (b) The responsibilities of the Pennsylvania Avenue

2 Development Corporation transferred to the General Serv3 ices Administration under subsection (a) include, but are

4 not limited to, the following:

5 (1) Collection of revenue owed the Federal Gov6 ernment as a result of real estate sales or lease

7 agreements entered into by the Pennsylvania Avenue

8 Development Corporation and private parties, in9 cluding, at a minimum, with respect to the following

10 projects:

11 (A) The Willard Hotel property on Square

12 225.

13 (B) The Gallery Row project on Square

14 457.

15 (C) The Lansburgh’s project on Square

16 431.

17 (D) The Market Square North project on

18 Square 407.

19 (2) Collection of sale or lease revenue owed the

20 Federal Government (if any) in the event two unde21 veloped sites owned by the Pennsylvania Avenue De22 velopment Corporation on Squares 457 and 406 are

23 sold or leased prior to April 1, 1996.

24 (3) Application of collected revenue to repay

25 United States Treasury debt incurred by the Penn-
106

HR 1977 PP

1 sylvania Avenue Development Corporation in the

2 course of acquiring real estate.

3 (4) Performing financial audits for projects in

4 which the Pennsylvania Avenue Development Cor5 poration has actual or potential revenue expectation,

6 as identified in paragraphs (1) and (2), in accord7 ance with procedures describe in applicable sale or

8 lease agreements.

9 (5) Disposition of real estate properties which

10 are or become available for sale and lease or other

11 uses.

12 (6) Payment of benefits in accordance with the

13 Uniform Relocation Assistance and Real Property

14 Acquisitions Policies Act of 1970 to which persons

15 in the project area squares are entitled as a result

16 of the Pennsylvania Avenue Development Corpora17 tion’s acquisition of real estate.

18 (7) Carrying out the responsibilities of the

19 Pennsylvania Avenue Development Corporation

20 under the Federal Triangle Development Act (40

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

22 managing assets and liabilities of the Corporation

23 under such Act.

24 (c) In carrying out the responsibilities of the Penn25 sylvania Avenue Development Corporation transferred
107

HR 1977 PP

1 under this section, the Administrator of the General Serv2 ices Administration shall have the following powers:

3 (1) To acquire lands, improvements, and prop4 erties by purchase, lease or exchange, and to sell,

5 lease, or otherwise dispose of real or personal prop6 erty as necessary to complete the development plan

7 developed under section 5 of the Pennsylvania Ave8 nue Development Corporation Act of 1972 (40

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

10 acquisition or disposal is first transmitted to the

11 Committee on Transportation and Infrastructure

12 and the Committee on Appropriations of the House

13 of Representatives and the Committee on Environ14 ment and Public Works and the Committee on Ap15 propriations of the Senate and at least 60 days

16 elapse after the date of such transmission.

17 (2) To modify from time to time the plan re18 ferred to in paragraph (1) if such modification is

19 first transmitted to the Committee on Transpor20 tation and Infrastructure and the Committee on Ap21 propriations of the House of Representatives and the

22 Committee on Environment and Public Works and

23 the Committee on Appropriations of the Senate and

24 at least 60 days elapse after the date of such trans25 mission.
108

HR 1977 PP

1 (3) To maintain any existing Pennsylvania Ave2 nue Development Corporation insurance programs.

3 (4) To enter into and perform such leases, con4 tracts, or other transactions with any agency or in5 strumentality of the United States, the several

6 States, or the District of Columbia or with any per7 son, firm, association, or corporation as may be nec8 essary to carry out the responsibilities of the Penn9 sylvania Avenue Development Corporation under the

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

11 1101–1109).

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

13 Columbia to close any alleys necessary for the com14 pletion of development in Square 457.

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

16 Pennsylvania Avenue Development Corporation or

17 income earned on Pennsylvania Avenue Development

18 Corporation property to complete any pending devel19 opment projects.

20 (d)(1)(A) On or before April 1, 1996, the Pennsylva21 nia Avenue Development Corporation shall transfer all its

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

23 in subparagraph (B) to the National Park Service, De24 partment of the Interior.
109

HR 1977 PP

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

2 the property located within the Pennsylvania Avenue Na3 tional Historic Site depicted on a map entitled ‘‘Penn4 sylvania Avenue National Historic Park’’, dated June 1,

5 1995, and numbered 840–82441, which shall be on file

6 and available for public inspection in the offices of the Na7 tional Park Service, Department of the Interior. The

8 Pennsylvania Avenue National Historic Site includes the

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

10 and memorials.

11 (2) Jurisdiction of Pennsylvania Avenue and all other

12 roadways from curb to curb shall remain with the District

13 of Columbia but vendors shall not be permitted to occupy

14 street space except during temporary special events.

15 (3) The National Park Service shall be responsible

16 for management, administration, maintenance, law en17 forcement, visitor services, resource protection, interpreta18 tion, and historic preservation at the Pennsylvania Avenue

19 National Historic Site.

20 (4) The National Park Service may enter into con21 tracts, cooperative agreements, or other transactions with

22 any agency or instrumentality of the United States, the

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

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

25 necessary or appropriate for the conduct of special events,
110

HR 1977 PP

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

2 the Pennsylvania Avenue National Historic Site or may

3 establish a nonprofit foundation to solicit funds for such

4 activities.

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

6 responsibility for ensuring that development or redevelop7 ment in the Pennsylvania Avenue area is carried out in

8 accordance with the Pennsylvania Avenue Development

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

10 the National Capital Planning Commission or its succes11 sor commencing April 1, 1996.

12 (f) SAVINGS PROVISIONS.—

13 (1) REGULATIONS.—Any regulations prescribed

14 by the Corporation in connection with the Penn15 sylvania Avenue Development Corporation Act of

16 1972 (40 U.S.C. 871–885) and the Federal Triangle

17 Development Act (40 U.S.C. 1101–1109) shall con18 tinue in effect until suspended by regulations pre19 scribed by the Administrator of the General Services

20 Administration.

21 (2) EXISTING RIGHTS, DUTIES, AND OBLIGA22 TIONS NOT AFFECTED.—Subsection (a) shall not be

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

24 or obligation of the United States or any other per25 son arising under or pursuant to any contract, loan,
111

HR 1977 PP

1 or other instrument or agreement which was in ef2 fect on the day before the date of the transfers

3 under subsection (a).

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

5 other proceeding commenced by or against the Cor6 poration in connection with administration of the

7 Pennsylvania Avenue Development Corporation Act

8 of 1972 (40 U.S.C. 871–885) and the Federal Tri9 angle Development Act (40 U.S.C. 1101–1109) shall

10 abate by reason of enactment and implementation of

11 this Act, except that the General Services Adminis12 tration shall be substituted for the Corporation as a

13 party to any such action or proceeding.

14 (g) Section 3(b) of the Pennsylvania Avenue Develop15 ment Corporation Act of 1972 (40 U.S.C. 872(b)) is

16 amended as follows:

17 ‘‘(b) The Corporation shall be dissolved on April 1,

18 1996. Upon dissolution, assets, obligations, and indebted19 ness of the Corporation shall be transferred in accordance

20 with the Department of the Interior and Related Agencies

21 Appropriations Act, 1996.’’.

22 Ω152æSEC. 314. (a) Except as provided in subsection

23 (b), no part of any appropriation contained in this Act

24 or any other Act shall be obligated or expended for the

25 operation or implementation of the Interior Columbia
112

HR 1977 PP

1 River Basin Ecoregion Assessment Project (hereinafter

2 ‘‘Project’’).

3 (b) From the funds appropriated to the Forest Serv4 ice and the Bureau of Land Management, $600,000 is

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

6 review and public comment, the scientific information col7 lected, and analysis undertaken, by the Project prior to

8 the date of enactment of this Act concerning forest health

9 conditions and forest management needs related to those

10 conditions.

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

12 Service, the Secretary of Agriculture (hereinafter ‘‘Sec13 retary’’) shall—

14 (A) review the land and resource management

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

16 within the area encompassed by the Project and any

17 policy which is applicable to such plan (whether or

18 not such policy is final or draft, or has been added

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

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

21 tasked to address; and

22 (B) determine whether such policy modified to

23 meet the specific conditions of such national forest,

24 or another policy which serves the purpose of such

25 policy, should be adopted for such national forest.
113

HR 1977 PP

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

2 modified or alternative policy should be adopted for such

3 national forest, the Secretary shall prepare and adopt for

4 the plan for such national forest an amendment which

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

6 only such plan, and which addresses the specific conditions

7 of the national forest and the relationship of such policy

8 to such conditions.

9 (3) To the maximum extent practicable, any amend10 ment prepared pursuant to paragraph (2) shall establish

11 procedures to develop site-specific standards in lieu of im12 posing general standards applicable to multiple sites. Any

13 amendment which would result in any change in land allo14 cations within the plan or reduce the likelihood of achieve15 ment of the goals and objectives of the plan (prior to any

16 previous amendment incorporating in the plan any policy

17 referred to in paragraph (1)(A)) shall be deemed a signifi18 cant plan amendment pursuant to section 6(f)(4) of the

19 Forest and Rangeland Renewable Resources Planning Act

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

21 (4) Any amendment prepared pursuant to paragraph

22 (2) which adopts a modified or alternative policy to sub23 stitute for a policy referred to in paragraph (1)(A) which

24 has undergone consultation pursuant to section 7 of the

25 Endangered Species Act of 1973 shall not again be subject
114

HR 1977 PP

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

2 consultation shall be undertaken on any policy referred to

3 in paragraph (1)(A).

4 (5) Any amendment prepared pursuant to paragraph

5 (2) shall be adopted on or before March 31, 1996: Pro6 vided, That any amendment deemed a significant amend7 ment pursuant to paragraph (3) shall be adopted on or

8 before June 30, 1996.

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

10 be effective on or after April 1, 1996.

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

12 part of any appropriation contained in this Act or any

13 other Act shall be obligated or expended for the operation

14 or implementation of the Interior Columbia Basin Eco15 system Management Project (hereinafter ‘‘Project’’).

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

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

18 made available for the appropriate line officers assigned to

19 the Walla Walla office and the Boise office of the Project

20 to publish by April 30, 1996, an eastside final environ21 mental impact statement, without a record of decision, for

22 the Federal lands subject to the Project in Oregon and

23 Washington and an Upper Columbia Basin final environ24 mental impact statement, without a record of decision, for

25 the Federal lands subject to the Project in Idaho and Mon-
115

HR 1977 PP

1 tana and other affected States, respectively. Among other

2 matters, the final environmental impact statements shall

3 contain the scientific information collected and analysis

4 undertaken by the Project on landscape dynamics and forest

5 health conditions and the implications of such dynamics

6 and conditions for forest management, including the man7 agement of forest vegetation structure, composition, and

8 density.

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

10 Forest Service and the Bureau of Land Management, the

11 Secretary of Agriculture or the Secretary of the Interior as

12 the case may be, shall—

13 (A) review the resource management plan (here14 inafter ‘‘plan’’) for each national forest and unit of

15 lands administered by the Bureau of Land Manage16 ment (hereinafter ‘‘forest’’) within the area encom17 passed by the Project, the analysis in the relevant

18 final environmental impact statement prepared pur19 suant to subsection (b) which is applicable to such

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

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

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

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

24 Project addresses; and
116

HR 1977 PP

1 (B) based on such review, determine whether

2 such policy modified to meet the specific conditions of

3 such forest, or an alternative policy which serves the

4 purpose of such policy, should be adopted for such for5 est.

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

7 such a modified or alternative policy should be adopted for

8 such forest, the Secretary concerned shall prepare and adopt

9 for the resource management plan for such forest an amend10 ment which contains such policy, which is directed solely

11 to and affects only such plan, and which addresses the spe12 cific conditions of the forest and the relationship of such

13 policy to such conditions. The Secretary shall consult with

14 the Governor of the State, and the Commissioner of the

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

16 such decision and, if the decision is to prepare an amend17 ment, during the preparation thereof.

18 (3) To the maximum extent practicable, any amend19 ment prepared pursuant to paragraph (2) shall establish

20 procedures to develop site-specific standards in lieu of im21 posing general standards applicable to multiple sites. Any

22 amendment which would result in any change in land allo23 cations within the land management plan or reduce the

24 likelihood of achievement of the goals and objectives of the

25 plan (prior to any previous amendment incorporating in
117

HR 1977 PP

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

2 be deemed a significant plan amendment, or equivalent,

3 pursuant to section 6(f)(4) of the Forest and Rangeland Re4 newable Resources Planning Act of 1974 (16 U.S.C.

5 1604(f)(4)) or section 202 of the Federal Land Policy and

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

7 (4)(A) Any amendment prepared pursuant to para8 graph (2) which adopts a policy that is a modification of

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

10 upon which consultation or conferencing has occurred pur11 suant to section 7 of the Endangered Species Act of 1973

12 (16 U.S.C. 1536) shall not again be subject to the consulta13 tion or conferencing provisions of such section 7.

14 (B) If required by such section 7, the Secretary con15 cerned shall consult or conference separately on each

16 amendment prepared pursuant to paragraph (2) which is

17 not subject to subparagraph (A).

18 (C) No further consultation other than the consultation

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

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

21 project or activity which is consistent with an applicable

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

23 or on any portion of any resource management plan related

24 to such policy or the species to which such policy applies.
118

HR 1977 PP

1 (5) Any amendment prepared pursuant to paragraph

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

3 That any amendment deemed a significant amendment

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

5 December 31, 1996.

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

7 provision of a resource management plan or other planning

8 document incorporating such policy, shall be effective on or

9 after December 31, 1996, or after an amendment is promul10 gated subject to the provisions of this section, whichever oc11 curs first.

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

13 document making an amendment for the Clearwater Na14 tional Forest pursuant to paragraph (2), the requirement

15 for revision referred to in the Stipulation of Dismissal

16 dated September 13, 1993, applicable to the Clearwater Na17 tional Forest is deemed to be satisfied, and the interim

18 management direction provisions contained in the Stipula19 tion of Dismissal shall be of no further effect with respect

20 to the Clearwater National Forest.

21 (d) The documents prepared under the authority of

22 this section shall not be applied or used to regulate non23 Federal lands in the affected States.

24 Ω153æSEC. 315. (a) The Secretary of the Interior

25 (acting through the Bureau of Land Management, the Na-
119

HR 1977 PP

1 tional Park Service and the United States Fish and Wild2 life Service) and the Secretary of Agriculture (acting

3 through the Forest Service) shall each implement a fee

4 program to demonstrate the feasibility of user-generated

5 cost recovery for the operation and maintenance of recre6 ation sites and habitat enhancement projects on Federal

7 lands.

8 (b) In carrying out the pilot program established pur9 suant to this section, the appropriate Secretary shall select

10 from areas under the jurisdiction of each of the four agen11 cies referred to in subsection (a) no fewer than 10, but

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

13 For each such demonstration, the Secretary, notwith14 standing any other provision of law—

15 (1) shall charge and collect fees for admission

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

17 facilities, visitor centers, equipment, and services by

18 individuals and groups, or any combination thereof;

19 (2) shall establish fees under this section based

20 upon a variety of cost recovery and fair market valu21 ation methods to provide a broad basis for feasibility

22 testing;

23 (3) may contract with any public or private en24 tity to provide visitor services, including reservations

25 and information, and may accept services of volun-
120

HR 1977 PP

1 teers to collect fees charged pursuant to paragraph

2 (1); and

3 (4) may encourage private investment and part4 nerships to enhance the delivery of quality customer

5 services and resource enhancement, and provide ap6 propriate recognition to such partners or investors.

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

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

9 during the previous fiscal year shall be distributed as fol10 lows:

11 (i) Eighty percent of the amounts collected at

12 the demonstration site shall be deposited in a special

13 account in the Treasury established for the adminis14 trative unit in which the project is located and shall

15 remain available for expenditure in accordance with

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

17 project.

18 (ii) Twenty percent of the amounts collected at

19 the demonstration site shall be deposited in a special

20 account in the Treasury for each agency and shall

21 remain available for expenditure in accordance with

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

23 (2) For purposes of this subsection, ‘‘total collec24 tions’’ for each site shall be defined as gross collections
121

HR 1977 PP

1 before any reduction for amounts attributable to collection

2 costs.

3 (3) Expenditures from the special funds shall be ac4 counted for separately.

5 (4) In order to increase the quality of the visitor expe6 rience at public recreational areas and enhance the protec7 tion of resources, amounts available for expenditure under

8 paragraph (1) may only be used for the site or project

9 concerned, for backlogged repair and maintenance projects

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

11 interpretation, signage, habitat or facility enhancement,

12 resource preservation, annual operation, maintenance, and

13 law enforcement relating to public use. The agencywide

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

15 the preceding sentence, but for sites or projects selected

16 at the discretion of the respective agency head.

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

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

19 23, 1908 and the Act of March 1, 1911 (16 U.S.C. 500),

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

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

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

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

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

25 of June 15, 1935 (16 U.S.C. 715s), the Land and Water
122

HR 1977 PP

1 Conservation Fund Act of 1965 (16 U.S.C. 460l), and any

2 other provision of law relating to revenue allocation.

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

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

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

6 of Agriculture shall carry out this section without promul7 gating regulations.

8 (f) The authority to collect fees under this section

9 shall commence on October 1, 1995, and end on Septem10 ber 30, 1996. Funds in accounts established shall remain

11 available through September 30, 1997.

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

13 through the Bureau of Land Management, the National

14 Park Service and the United States Fish and Wildlife Serv15 ice) and the Secretary of Agriculture (acting through the

16 Forest Service) shall each implement a fee program to dem17 onstrate the feasibility of user-generated cost recovery for

18 the operation and maintenance of recreation areas or sites

19 and habitat enhancement projects on Federal lands.

20 (b) In carrying out the pilot program established pur21 suant to this section, the appropriate Secretary shall select

22 from areas under the jurisdiction of each of the four agen23 cies referred to in subsection (a) no fewer than 10, but as

24 many as 50, areas, sites or projects for fee demonstration.
123

HR 1977 PP

1 For each such demonstration, the Secretary, notwithstand2 ing any other provision of law—

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

4 the area or for the use of outdoor recreation sites, fa5 cilities, visitor centers, equipment, and services by in6 dividuals and groups, or any combination thereof;

7 (2) shall establish fees under this section based

8 upon a variety of cost recovery and fair market valu9 ation methods to provide a broad basis for feasibility

10 testing;

11 (3) may contract, including provisions for rea12 sonable commissions, with any public or private en13 tity to provide visitor services, including reservations

14 and information, and may accept services of volun15 teers to collect fees charged pursuant to paragraph

16 (1);

17 (4) may encourage private investment and part18 nerships to enhance the delivery of quality customer

19 services and resource enhancement, and provide ap20 propriate recognition to such partners or investors;

21 and

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

23 any violation of the authority to collect fees for ad24 mission to the area or for the use of outdoor recre-
124

HR 1977 PP

1 ation sites, facilities, visitor centers, equipment, and

2 services.

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

4 shall be distributed as follows:

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

6 amount collected in fiscal year 1995, and thereafter

7 annually adjusted upward by 4 percent, 80 percent to

8 a special account in the Treasury for use by the agen9 cy which administers the site, to remain available for

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

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

12 amount collected in fiscal year 1995, and thereafter

13 annually adjusted upward by 4 percent, 20 percent to

14 a special account in the Treasury for use by the agen15 cy which administers the site, to remain available for

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

17 (C) For agencies other than the Fish and Wild18 life Service, up to 15 percent of current year collec19 tions at each site, but not greater than fee collection

20 costs for that fiscal year, to remain available for ex21 penditure in accordance with paragraph (3)(C).

22 (D) For agencies other than the Fish and Wild23 life Service, the balance to the special account estab24 lished pursuant to subparagraph (A) of section 4(i)(1)

25 of the Land and Water Conservation Act as amended.
125

HR 1977 PP

1 (E) For the Fish and Wildlife Service, the bal2 ance shall be distributed in accordance with the Fish

3 and Wildlife Service Administrative Provisions of this

4 Act.

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

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

7 reduction for amounts attributable to collection costs.

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

9 shall be for further activities of each site, and shall be ac10 counted for separately. Expenditures for each site shall be

11 in proportion to total collections from the demonstration

12 sites administered by an agency.

13 (B) Expenditures from agency specific special funds

14 shall be for use on an agency-wide basis and shall be ac15 counted for separately.

16 (C) Expenditures from the fee collection support fund

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

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

19 as amended.

20 (4) In order to increase the quality of the visitor expe21 rience at public recreational areas and enhance the protec22 tion of resources, amounts available for expenditure under

23 paragraph (1) may only be used for the site or project con24 cerned, for backlogged repair and maintenance projects (in25 cluding projects relating to health and safety) and for inter-
126

HR 1977 PP

1 pretation, signage, habitat or facility enhancement, resource

2 preservation, annual operation (including fee collection),

3 maintenance, and law enforcement relating to public use.

4 The agencywide accounts may be used for the same purposes

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

6 selected at the discretion of the respective agency head.

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

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

9 23, 1908 and the Act of March 1, 1911 (16 U.S.C. 500),

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

11 22, 1937 (7 U.S.C. 1012), the Act of August 8, 1937 and

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

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

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

15 (16 U.S.C. 715s), the Land and Water Conservation Fund

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

17 law relating to revenue allocation.

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

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

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

21 Agriculture shall carry out this section without promulgat22 ing regulations.

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

24 commence on October 1, 1995, and end on September 30,
127

HR 1977 PP

1 1998. Funds in accounts established shall remain available

2 through September 30, 2001.

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

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

5 lands and facilities not discriminate against any State or

6 any region of the country.

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

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

9 agencies shall prepare and submit to the Senate and House

10 Appropriations Committees a report that—

11 (A) identifies all Federal lands and facilities

12 that provide tourism or recreational use; and

13 (B) analyzes by State and region any fees

14 charged for entrance to or for tourism or recreational

15 use of Federal lands and facilities in a State or re16 gion, individually and collectively.

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

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

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

20 Appropriations Committees any recommendations that the

21 Secretary may have for implementing the policy stated in

22 subsection (1).

23 Ω154æSEC. 316. The Forest Service and Bureau of

24 Land Management may offer for sale salvageable timber

25 in the Pacific Northwest in fiscal year 1996: Provided,
128

HR 1977 PP

1 That for public lands known to contain the Northern spot2 ted owl, such salvage sales may be offered as long as the

3 offering of such sale will not render the area unsuitable

4 as habitat for the Northern spotted owl: Provided further,

5 That timber salvage activity in spotted owl habitat is to

6 be done in full compliance with all existing environmental

7 and forest management laws.

8 SEC. 317. None of the funds made available in this

9 Act may be used for any program, project, or activity

10 when it is made known to the Federal entity or official

11 to which the funds are made available that the program,

12 project, or activity is not in compliance with any applicable

13 Federal law relating to risk assessment, the protection of

14 private property rights, or unfunded mandates.

15 Ω155æSEC. 318. None of the funds provided in this

16 Act may be made available for the Mississippi River Cor17 ridor Heritage Commission.

18 Ω156æSEC. 319. (a) LIMITATION ON USE OF

19 FUNDS.—None of the funds made available in this Act

20 may be used by the Department of Energy in implement21 ing the Codes and Standards Program to plan, propose,

22 issue, or prescribe any new or amended standard.

23 (b) CORRESPONDING REDUCTION IN FUNDS.—The

24 aggregate amount otherwise provided in this Act for ‘‘DE-
129

HR 1977 PP

1 PARTMENT OF ENERGY—Energy Conservation’’ is

2 hereby reduced by $12,799,000.

3 Ω157æSEC. 320. None of the funds made available

4 in this Act may be used by the Department of Energy

5 in implementing the Codes and Standards Program to

6 plan, propose, issue, or prescribe any new or amended

7 standard—

8 (1) when it is made known to the Federal offi9 cial having authority to obligate or expend such

10 funds that the Attorney General, in accordance with

11 section 325(o)(2)(B) of the Energy Policy and Con12 servation Act (42 U.S.C. 6295(o)(2)(B)), determined

13 that the standard is likely to cause significant anti14 competitive effects;

15 (2) that the Secretary of Energy, in accordance

16 with such section 325(o)(2)(B), has determined that

17 the benefits of the standard do not exceed its bur18 dens; or

19 (3) that is for fluorescent lamps ballasts.

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

21 Act shall be used by the Department of Energy in imple22 menting the Codes and Standards Program to propose,

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

24 That this section shall expire on September 30, 1996: Pro25 vided further, That nothing in this section shall preclude
130

HR 1977 PP

1 the Federal Government from promulgating rules concern2 ing energy efficiency standards for the construction of new

3 federally-owned commercial and residential buildings.

4 SEC. 321. None of the funds made available in this

5 Act may be used (1) to demolish the bridge between Jersey

6 City, New Jersey, and Ellis Island; or (2) to prevent pe7 destrian use of such bridge, when it is made known to

8 the Federal official having authority to obligate or expend

9 such funds that such pedestrian use is consistent with gen10 erally accepted safety standards.

11 Ω158æSEC. 322. No funds appropriated or otherwise

12 made available pursuant to this Act in fiscal year 1996

13 shall be obligated or expended to accept or process applica14 tions for a patent for any mining or mill site claim located

15 under the general mining laws or to issue a patent for

16 any such claim.

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

18 PATENTS.—Except as provided in subsection (c), any pat19 ent issued by the United States under the general mining

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

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

22 market value for the interest in the land owned by the Unit23 ed States exclusive of and without regard to the mineral

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

25 of this section, ‘‘general mining laws’’ means those Acts
131

HR 1977 PP

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

2 16, and sections 161 and 162, of title 30 of the United

3 States Code, all Acts heretofore enacted which are amend4 atory of or supplementary to any of the foregoing Acts, and

5 the judicial and administrative decisions interpreting such

6 Acts.

7 (b) RIGHT OF REENTRY.—

8 (1) IN GENERAL.—Except as provided in sub9 section (c), and notwithstanding any other provision

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

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

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

13 for conducting mineral activities in good faith and

14 such unauthorized use is not discontinued as provided

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

16 the term ‘‘mineral activities’’ means any activity re17 lated to, or incidental to, exploration for or develop18 ment, mining, production, beneficiation, or processing

19 of any locatable mineral or mineral that would be

20 locatable if it were on Federal land, or reclamation

21 of the impacts of such activities.

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

23 estate is used by the patentee for any purpose other

24 than for conducting mineral activities in good faith,

25 the Secretary of the Interior shall serve on all owners
132

HR 1977 PP

1 of interests in such patented estate, in the manner

2 prescribed for service of a summons and complaint

3 under the Federal Rules of Civil Procedure, notice

4 specifying such unauthorized use and providing not

5 more than 90 days in which such unauthorized use

6 must be terminated. The giving of such notice shall

7 constitute final agency action appealable by any

8 owner of an interest in such patented estate. The Sec9 retary may exercise the right of reentry as provided

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

11 been terminated in the time provided in this para12 graph, and only after all appeal rights have expired

13 and any appeals of such notice have been finally de14 termined.

15 (3) RIGHT OF REENTRY.—The Secretary may ex16 ercise the right of the United States to reenter such

17 patented estate by filing a declaration of reentry in

18 the office of the Bureau of Land Management des19 ignated by the Secretary and recording such declara20 tion where the notice or certificate of location for the

21 patented claim or site is recorded under State law.

22 Upon the filing and recording of such declaration, all

23 right, title and interest in such patented estate shall

24 revert to the United States. Lands and interests in

25 lands for which the United States exercises its right
133

HR 1977 PP

1 of reentry under this section shall remain open to the

2 location of mining claims and mill sites, unless with3 drawn under other applicable law.

4 (c) PATENTS EXCEPTED FROM REQUIREMENTS.—The

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

6 not apply to the issuance of those patents whose applica7 tions were excepted under section 113 of Pub. L. No. 103–

8 322, 108 Stat. 2499, 2519 (1994), from the prohibition on

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

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

11 to the date of enactment of this Act.

12 (d) PROCESSING OF PENDING PATENT APPLICA13 TIONS.—

14 (1) PROCESSING SCHEDULE.—For those applica15 tions for patent under the general mining laws which

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

17 any amendments to or resubmittals of such patent ap18 plications, the Secretary of the Interior shall—

19 (A) Within three months of the enactment of

20 this Act, file with the House and Senate Com21 mittees on Appropriations and the Committee on

22 Resources of the House of Representatives and

23 the Committee on Energy and Natural Resources

24 of the United States Senate a plan which details

25 how the Department of the Interior will take
134

HR 1977 PP

1 final action on all such applications within two

2 years of the enactment of this Act and file re3 ports annually thereafter with the same commit4 tees detailing actions taken by the Department of

5 the Interior to carry out such plan; and

6 (B) Take such actions as may be necessary

7 to carry out such plan.

8 (2) MINERAL EXAMINATIONS.—Upon the request

9 of a patent applicant, the Secretary of the Interior

10 shall allow the applicant to fund the retention by the

11 Bureau of Land Management of a qualified third12 party contractor to conduct a mineral examination of

13 the mining claims or mill sites contained in a patent

14 application. All such third-party mineral examina15 tions shall be conducted in accordance with standard

16 procedures and criteria followed by the Bureau of

17 Land Management, and the retention and compensa18 tion of such third-party contractors shall be conducted

19 in accordance with procedures employed by the Bu20 reau of Land Management in the retention of third21 party contractors for the preparation of environ22 mental analyses under the National Environmental

23 Policy Act (42 U.S.C. §§ 4321–4370d) to the maxi24 mum extent practicable.
135

HR 1977 PP

1 SEC. 323. None of the funds appropriated or other2 wise made available by this Act may be used for the pur3 poses of acquiring lands in the counties of Lawrence, Mon4 roe, or Washington, Ohio, for the Wayne National Forest.

5 Ω159æSEC. 324. No part of any appropriation con6 tained in this Act or any other Act shall be expended or

7 obligated to fund the activities of the Office of Forestry and

8 Economic Development after December 31, 1995.

9 Ω160æSEC. 325. No part of any appropriation con10 tained in this Act or any other Act shall be expended or

11 obligated to: (a) redefine the definition of an area in which

12 a marbled murrelet is ‘‘known to be nesting’’; or (b) to mod13 ify the protocol for surveying for marbled murrelets in effect

14 on July 21, 1995.

15 Ω161æSEC. 326. (a) LAND EXCHANGE.—The Secretary

16 of the Interior (hereinafter referred to as the ‘‘Secretary’’)

17 is authorized to convey to the Boise Cascade Corporation

18 (hereinafter referred to as the ‘‘Corporation’’), a corporation

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

20 its principal place of business at Boise, Idaho, title to ap21 proximately seven acres of land, more or less, located in

22 sections 14 and 23, township 36 north, range 37 east, Wil23 lamette Meridian, Stevens County, Washington, further

24 identified in the records of the Bureau of Reclamation, De25 partment of the Interior, as Tract No. GC–19860, and to
136

HR 1977 PP

1 accept from the Corporation in exchange therefor, title to

2 approximately one hundred and thirty-six acres of land lo3 cated in section 19, township 37 north, range 38 east and

4 section 33, township 38 north, range 37 east, Willamette

5 Meridian, Stevens County, Washington, and further identi6 fied in the records of the Bureau of Reclamation, Depart7 ment of the Interior, as Tract No. GC–19858 and Tract

8 No. GC–19859, respectively.

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

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

11 are not approximately equal, shall be equalized by the pay12 ment of cash to the Corporation or to the Secretary as re13 quired or in the event the value of the Corporation’s lands

14 is greater, the acreage may be reduced so that the fair mar15 ket value is approximately equal: Provided, That the Sec16 retary shall order appraisals made of the fair market value

17 of each tract of land included in the exchange without con18 sideration for improvements thereon: Provided further, That

19 any cash payment received by the Secretary shall be covered

20 in the Reclamation Fund and credited to the Columbia

21 Basin project.

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

23 necessary land surveys, preparing the legal descriptions of

24 the lands to be conveyed, performing the appraisals, and
137

HR 1977 PP

1 administrative costs incurred in completing the exchange

2 shall be borne by the Corporation.

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

4 The Secretary shall not acquire any lands under this Act

5 if the Secretary determines that such lands, or any portion

6 thereof, have become contaminated with hazardous sub7 stances (as defined in the Comprehensive Environmental

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

9 9601)).

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

11 United States shall have no responsibility or liability with

12 respect to any hazardous wastes or other substances placed

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

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

15 be construed as either diminishing or increasing any re16 sponsibility or liability of the United States based on the

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

18 ownership of another party. The Corporation shall indem19 nify the United States for liabilities arising under the Com20 prehensive Environmental Response, Compensation, and

21 Liability Act (42 U.S.C. 9601), and the Resource Conserva22 tion Recovery Act (42 U.S.C. 6901 et seq.).

23 (e) AUTHORIZATION OF APPROPRIATIONS.—There are

24 authorized to be appropriated such sums as may be nec25 essary to carry out the purposes of this Act.
138

HR 1977 PP

1 Ω162æSEC. 327. TIMBER SALES PIPELINE RESTORA2 TION FUNDS.—(a) The Secretary of Agriculture and the

3 Secretary of the Interior shall each establish a Timber Sales

4 Pipeline Restoration Fund (hereinafter ‘‘Agriculture Fund’’

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

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

7 1995 Supplemental Appropriations for Disaster Assistance

8 and Rescissions Act, minus the funds necessary to make

9 payments to States or local governments under other law

10 concerning the distribution of revenues derived from the af11 fected lands, which are in excess of $37,500,000 (hereinafter

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

13 distribution of excess revenues between the Agriculture

14 Fund and Interior Fund shall be calculated by multiplying

15 the total of excess revenues times a fraction with a denomi16 nator of the total revenues received from all sales released

17 under such section 2001(k) and numerators of the total reve18 nues received from such sales on lands within the National

19 Forest System and the total revenues received from such

20 sales on lands administered by the Bureau of Land Man21 agement, respectively: Provided, That revenues or portions

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

23 minus the amounts necessary for State and local govern24 ment payments and other necessary deposits, may be depos25 ited into the Funds immediately upon receipt thereof and
139

HR 1977 PP

1 subsequently redistributed between the Funds or paid into

2 the United States Treasury as miscellaneous receipts as

3 may be required when the calculation of excess revenues is

4 made.

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

6 Fund and into the Interior Fund pursuant to subsection

7 (a)—

8 (A) seventy-five percent shall be available, with9 out fiscal year limitation or further appropriation,

10 for preparation of timber sales, other than salvage

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

12 year 1995 Supplemental Appropriations for Disaster

13 Assistance and Rescissions Act, which—

14 (i) are situated on lands within the Na15 tional Forest System and lands administered by

16 the Bureau of Land Management, respectively;

17 and

18 (ii) are in addition to timber sales for

19 which funds are otherwise available in this Act

20 or other appropriations acts.

21 (B) twenty-five percent shall be available, with22 out fiscal year limitation or further appropriation, to

23 expend on the backlog of recreation projects on lands

24 within the National Forest System and lands admin-
140

HR 1977 PP

1 istered by the Bureau of Land Management, respec2 tively.

3 (2) Expenditures under this subsection for preparation

4 of timber sales may include expenditures for Forest Service

5 activities within the forest land management budget line

6 item and associated timber roads, and Bureau of Land

7 Management activities within the Oregon and California

8 grant lands account and the forestry management area ac9 count, as determined by the Secretary concerned.

10 (c) Revenues received from any timber sale prepared

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

12 amounts necessary for State and local government pay13 ments and other necessary deposits, shall be deposited into

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

15 Such deposited revenues shall be available for preparation

16 of additional timber sales and completion of additional

17 recreation projects in accordance with the requirements set

18 forth in subsection (b).

19 (d) The Secretary concerned shall terminate all pay20 ments into the Agriculture Fund or the Interior Fund, and

21 pay any unobligated funds in the affected Fund into the

22 United States Treasury as miscellaneous receipts, whenever

23 the Secretary concerned makes a finding, published in the

24 Federal Register, that sales sufficient to achieve the total

25 allowable sales quantity of the national forest system for
141

HR 1977 PP

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

2 and California grant lands for the Bureau of Land Man3 agement, respectively, have been prepared.

4 (e) Any timber sales prepared and recreation projects

5 completed under this section shall comply with all applica6 ble environmental and natural resource laws and regula7 tions.

8 (f) The Secretary concerned shall report annually to

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

10 the House of Representatives on expenditures made from the

11 Fund for timber sales and recreation projects, revenues re12 ceived into the Fund from timber sales, and timber sale

13 preparation and recreation project work undertaken during

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

15 Fund. Such information shall be provided for each Forest

16 Service region and Bureau of Land Management State of17 fice.

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

19 the termination of both Funds in accordance with the provi20 sions of subsection (d).

21 Ω163æSEC. 328. Notwithstanding any other provision

22 of law, none of the funds provided in this or any other act

23 shall be available for travel and training expenses for the

24 Bureau of Indian Affairs or the Office of Indian Education

25 for education conferences or training activities.
142

HR 1977 PP

1 Ω164æSEC. 329. Of the funds provided to the National

2 Endowment for the Arts:

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

4 an individual if such grant is awarded to such indi5 vidual for a literature fellowship, National Heritage

6 Fellowship, or American Jazz Masters Fellowship.

7 (b) The Chairperson shall establish procedures to

8 ensure that no funding provided through a grant, ex9 cept a grant made to a State or regional group, may

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

11 individual to conduct activity independent of the di12 rect grant recipient. Nothing in this subsection shall

13 prohibit payments made in exchange for goods and

14 services.

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

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

17 contents of the season, including identified programs

18 and/or projects.

19 Ω165æSEC. 330. DELAY IN IMPLEMENTATION OF THE ADMIN20 ISTRATION’S RANGELAND REFORM PRO21 GRAM.

22 None of the funds made available under this or any

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

24 rule published by the Secretary of the Interior on February

25 22, 1995 (60 Fed. Reg. 9894), making amendments to parts
143

HR 1977 PP

1 4, 1780, and 4100 of title 43, Code of Federal Regulations,

2 to take effect August 21, 1995, until November 21, 1995.

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

4 Act may be used to publish proposed or enforce final regula5 tions governing the management of livestock grazing on

6 lands administered by the Forest Service until November

7 21, 1995.

8 Ω166æSEC. 331. (a)(1) The head of each agency re9 ferred to in paragraph (2) shall submit to the President

10 each year, through the head of the department having juris11 diction over the agency, a land acquisition ranking for the

12 agency concerned for the fiscal year beginning after the date

13 of the submittal of the report.

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

15 are the following:

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

17 the case of the National Park Service.

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

19 in the case of the Fish and Wildlife Service.

20 (C) The Director of the Bureau of Land Manage21 ment in the case of the Bureau of Land Management.

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

23 of the Forest Service.

24 (3) In this section, the term ‘‘land acquisition rank25 ing’’, in the case of a Federal agency, means a statement
144

HR 1977 PP

1 of the order of precedence of the land acquisition proposals

2 of the agency, including a statement of the order of prece3 dence of such proposals for each organizational unit of the

4 agency.

5 (b) The President shall include the land acquisition

6 rankings for a fiscal year that are submitted to the Presi7 dent under subsection (a)(1) in the supporting information

8 submitted to Congress with the budget for that fiscal year

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

10 (c)(1) The head of the agency concerned shall deter11 mine the order of precedence of land acquisitions proposals

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

13 Secretary of the Department having jurisdiction over the

14 agency shall prescribe.

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

16 provide for a determination of the order of precedence of

17 land acquisition proposals through consideration of—

18 (A) the natural resources located on the land cov19 ered by the acquisition proposals;

20 (B) the degree to which such resources are threat21 ened;

22 (C) the length of time required for the acquisi23 tion of the land;
145

HR 1977 PP

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

2 the cost of the land covered by the proposals makes

3 timely completion of the acquisition advisable;

4 (E) the extent of public support for the acquisi5 tion of the land; and

6 (F) such other matters as the Secretary con7 cerned shall prescribe.

8 Ω167æSEC. 332. Section 1864 of title 18, United States

9 Code, is amended—

10 (1) in subsection (b)—

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

12 and inserting ‘‘40’’;

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

14 inserting ‘‘20’’;

15 (C) in paragraph (4), by striking ‘‘if dam16 age exceeding $10,000 to the property of any in17 dividual results,’’ and inserting ‘‘if damage to

18 the property of any individual results or if

19 avoidance costs have been incurred exceeding

20 $10,000, in the aggregate,’’; and

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

22 and inserting ‘‘20’’;

23 (2) in subsection (c) by striking ‘‘ten’’ and in24 serting ‘‘20’’;

25 (3) in subsection (d), by—
146

HR 1977 PP

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

2 (2);

3 (B) striking the period at the end of para4 graph (3) and inserting ‘‘; and’’; and

5 (C) adding at the end the following:

6 ‘‘(4) the term ‘avoidance costs’ means costs in7 curred by any individual for the purpose of—

8 ‘‘(A) detecting a hazardous or injurious de9 vice; or

10 ‘‘(B) preventing death, serious bodily in11 jury, bodily injury, or property damage likely to

12 result from the use of a hazardous or injurious

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

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

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

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

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

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

19 without regard to the amount in controversy or the citizen20 ship of the parties, in such civil actions. The court may

21 award, in addition to monetary damages for any injury

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

23 of litigation, including reasonable attorney and expert wit24 ness fees, to any prevailing or substantially prevailing
147

HR 1977 PP

1 party, whenever the court determines such award is appro2 priate.’’.

3 Ω168æSEC. 333. Notwithstanding any other provision

4 of law, none of the funds authorized to be appropriated pur5 suant to this Act may be used to promote, disseminate,

6 sponsor or produce materials or performances which deni7 grate the objects or beliefs of the adherents of a particular

8 religion.

9 Ω169æSEC. 334. Notwithstanding any other provision

10 of law, none of the funds made available to the National

11 Endowment for the Arts under this Act may be used to pro12 mote, disseminate, sponsor, or produce materials or per13 formances that depict or describe, in a patently offensive

14 way, sexual or excretory activities or organs.

15 Ω170æSEC. 335. Public Law 94–158 is modified to ex16 tend the scope of the Arts and Artifacts Indemnity Act to

17 include exhibitions originating in the United States and

18 touring the United States for indemnification subject to the

19 availability of funds.

20 Ω171æSEC. 336. ENERGY SAVINGS AT FEDERAL FACILITIES.

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

22 head of each agency for which funds are made available

23 under this Act shall take all actions necessary to achieve

24 during fiscal year 1996 a 5 percent reduction, from fiscal
148

HR 1977 PP

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

2 by the agency.

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

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

6 end of fiscal year 1997, without further authorization or

7 appropriation, as follows:

8 (1) CONSERVATION MEASURES.—Fifty percent of

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

11 and for water conservation measures at such facilities

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

13 the agency.

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

15 amount shall remain available for use by the agency

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

17 agency, consistent with applicable law.

18 (c) REPORT.—

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

20 1996, the head of each agency described in subsection

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

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

23 providing any recommendations concerning how to

24 further reduce energy costs and energy consumption

25 in the future.
149

HR 1977 PP

1 (2) CONTENTS.—Each report shall—

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

4 (B) identify the reductions achieved; and

5 (C) specify the actions that resulted in the

6 reductions.

7 Ω172æSEC. 337. DISTRIBUTION OF INDIAN HEALTH SERVICE

8 PROFESSIONALS.

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

10 Health and Human Services (hereafter in this section re11 ferred to as the ‘‘Secretary’’), acting through the Indian

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

13 needs of Indian tribes (as defined in section 4(e) of the In14 dian Self-Determination and Education Assistance Act (25

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

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

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

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

19 the Secretary under this section shall—

20 (1) contain a comparative analysis of the Indian

21 Health Service staffing that includes comparisons of

22 health care facilities (including clinics) and service

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

24 Care Improvement Act (25 U.S.C. 1603(j));
150

HR 1977 PP

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

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

5 (25 U.S.C. 1603(n)), the ratio of—

6 (A) the number of members of that health

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

9 (B) the number of patients served by the

10 members of that health profession in that facil11 ity;

12 (3) provide a comparative nationwide analysis

13 of health care facilities of the Indian Health Service

14 based on the ratios determined under paragraph (2)

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

18 equitable level of health services; and

19 (4) provide an analysis of—

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

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

23 (3); and

24 (B) the distribution of the staffing referred

25 to in subparagraph (A) by service unit.
151

HR 1977 PP

1 Ω173æSEC. 338. HIV-AIDS PREVENTION AND TREATMENT

2 PLAN.

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

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

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

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

13 Public Health Service Act to members of Indian

14 tribes living with HIV and AIDS;

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

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

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

20 the Indian Health Service to meet the existing need;

21 and

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

23 meet existing and projected need.

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

25 Indian Health Service and in consultation with Indian

26 tribes, shall develop and implement a plan of action for
152

HR 1977 PP

1 meeting the existing and projected needs, which based on

2 the evaluation conducted pursuant to subsection (a), are de3 termined to be unmet.

4 This Act may be cited as the ‘‘Department of the In5 terior and Related Agencies Appropriations Act, 1996’’.

Passed the House of Representatives August 10,

1995.

Attest: ROBIN H. CARLE,

Clerk.

Passed the Senate August 9 (legislative day, July

10), 1995.

Attest: KELLY D. JOHNSTON,

Secretary.

HR 1977 PP——2

HR 1977 PP——3

HR 1977 PP——4

HR 1977 PP——5

HR 1977 PP——6

HR 1977 PP——7