IIA

104TH CONGRESS

1ST SESSION H. R. 1977

IN THE SENATE OF THE UNITED STATES

JULY 19 (legislative day, JULY 10), 1995

Received; read twice and referred to the Committee on Appropriations

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,
2

HR 1977 RFS

1 That the following sums are appropriated, out of any

2 money in the Treasury not otherwise appropriated, for the

3 Department of the Interior and related agencies for the

4 fiscal year ending September 30, 1996, and for other pur5 poses, namely:

6 TITLE I—DEPARTMENT OF THE INTERIOR

7 BUREAU OF LAND MANAGEMENT

8 MANAGEMENT OF LANDS AND RESOURCES

9 For expenses necessary for protection, use, improve10 ment, development, disposal, cadastral surveying, classi11 fication, acquisition of easements and other interests in

12 lands, and performance of other functions, including main13 tenance of facilities, as authorized by law, in the manage14 ment of lands and their resources under the jurisdiction

15 of the Bureau of Land Management, including the general

16 administration of the Bureau $570,017,000, to remain

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

18 shall be available to the Needles Resources Area for the

19 management of the East Mojave National Scenic Area, as

20 defined by the Bureau of Land Management prior to Octo21 ber 1, 1994, in the California Desert District of the Bu22 reau of Land Management, and of which $4,000,000 shall

23 be derived from the special receipt account established by

24 section 4 of the Land and Water Conservation Fund Act

25 of 1965, as amended (16 U.S.C. 460l–6a(i)): Provided,
3

HR 1977 RFS

1 That appropriations herein made shall not be available for

2 the destruction of healthy, unadopted, wild horses and

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

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

5 program operations, to remain available until expended,

6 to be reduced by amounts collected by the Bureau of Land

7 Management and credited to this appropriation from an8 nual mining claim fees so as to result in a final appropria9 tion estimated at not more than $570,017,000: Provided

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

11 to remain available until expended, not to exceed

12 $5,000,000 from annual mining claim fees shall be cred13 ited to this account for the costs of administering the min14 ing claim fee program, and $2,000,000 from communica15 tion site rental fees established by the Bureau.

16 WILDLAND FIRE MANAGEMENT

17 For necessary expenses for fire use and management,

18 fire preparedness, emergency presuppression, suppression

19 operations, emergency rehabilitation, and renovation or

20 construction of fire facilities in the Department of the In21 terior, $235,924,000, to remain available until expended,

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

23 the renovation or construction of fire facilities: Provided,

24 That notwithstanding any other provision of law, persons

25 hired pursuant to 43 U.S.C. 1469 may be furnished sub26 sistence and lodging without cost from funds available
4

HR 1977 RFS

1 from this appropriation: Provided further, That such funds

2 are also available for repayment of advances to other ap3 propriation accounts from which funds were previously

4 transferred for such purposes: Provided further, That un5 obligated balances of amounts previously appropriated to

6 the Fire Protection and Emergency Department of the In7 terior Firefighting Fund may be transferred or merged

8 with this appropriation.

9 CENTRAL HAZARDOUS MATERIALS FUND

10 For expenses necessary for use by the Department

11 of the Interior and any of its component offices and bu12 reaus for the remedial action, including associated activi13 ties, of hazardous waste substances, pollutants, or con14 taminants pursuant to the Comprehensive Environmental

15 Response, Compensation and Liability Act, as amended

16 (42 U.S.C. 9601 et seq.), $10,000,000, to remain available

17 until expended: Provided, That, notwithstanding 31

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

19 advance of or as reimbursement for remedial action or re20 sponse activities conducted by the Department pursuant

21 to sections 107 or 113(f) of the Comprehensive Environ22 mental Response, Compensation and Liability Act, as

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

24 to this account and shall be available without further ap25 propriation and shall remain available until expended: Pro26 vided further, That such sums recovered from or paid by
5

HR 1977 RFS

1 any party are not limited to monetary payments and may

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

3 which may be retained, liquidated, or otherwise disposed

4 of by the Secretary of the Interior and which shall be cred5 ited to this account.

6 CONSTRUCTION AND ACCESS

7 For acquisition of lands and interests therein, and

8 construction of buildings, recreation facilities, roads,

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

10 available until expended.

11 PAYMENTS IN LIEU OF TAXES

12 For expenses necessary to implement the Act of Octo13 ber 20, 1976, as amended (31 U.S.C. 6901–07),

14 $111,409,000, of which not to exceed $400,000 shall be

15 available for administrative expenses.

16 LAND ACQUISITION

17 For expenses necessary to carry out the provisions

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

19 including administrative expenses and acquisition of lands

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

21 from the Land and Water Conservation Fund, to remain

22 available until expended.

23 OREGON AND CALIFORNIA GRANT LANDS

24 For expenses necessary for management, protection,

25 and development of resources and for construction, oper26 ation, and maintenance of access roads, reforestation, and
6

HR 1977 RFS

1 other improvements on the revested Oregon and California

2 Railroad grant lands, on other Federal lands in the Or3 egon and California land-grant counties of Oregon, and

4 on adjacent rights-of-way; and acquisition of lands or in5 terests therein including existing connecting roads on or

6 adjacent to such grant lands; $91,387,000, to remain

7 available until expended: Provided, That 25 per centum

8 of the aggregate of all receipts during the current fiscal

9 year from the revested Oregon and California Railroad

10 grant lands is hereby made a charge against the Oregon

11 and California land-grant fund and shall be transferred

12 to the General Fund in the Treasury in accordance with

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

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

15 RANGE IMPROVEMENTS

16 For rehabilitation, protection, and acquisition of

17 lands and interests therein, and improvement of Federal

18 rangelands pursuant to section 401 of the Federal Land

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

20 notwithstanding any other Act, sums equal to 50 per cen21 tum of all moneys received during the prior fiscal year

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

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

24 improvements from grazing fees and mineral leasing re25 ceipts from Bankhead-Jones lands transferred to the De26 partment of the Interior pursuant to law, but not less than
7

HR 1977 RFS

1 $9,113,000, to remain available until expended: Provided,

2 That not to exceed $600,000 shall be available for admin3 istrative expenses.

4 SERVICE CHARGES, DEPOSITS, AND FORFEITURES

5 For administrative expenses and other costs related

6 to processing application documents and other authoriza7 tions for use and disposal of public lands and resources,

8 for costs of providing copies of official public land docu9 ments, for monitoring construction, operation, and termi10 nation of facilities in conjunction with use authorizations,

11 and for rehabilitation of damaged property, such amounts

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

13 305(a), and 504(g) of the Act approved October 21, 1976

14 (43 U.S.C. 1701), and sections 101 and 203 of Public

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

16 Provided, That notwithstanding any provision to the con17 trary of section 305(a) of the Act of October 21, 1976

18 (43 U.S.C. 1735(a)), any moneys that have been or will

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

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

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

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

23 under the authority of this or subsequent appropriations

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

25 any public lands administered through the Bureau of

26 Land Management which have been damaged by the ac-
8

HR 1977 RFS

1 tion of a resource developer, purchaser, permittee, or any

2 unauthorized person, without regard to whether all mon3 eys collected from each such forfeiture, compromise, or

4 settlement are used on the exact lands damage to which

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

6 further, That such moneys are in excess of amounts need7 ed to repair damage to the exact land for which collected.

8 MISCELLANEOUS TRUST FUNDS

9 In addition to amounts authorized to be expended

10 under existing law, there is hereby appropriated such

11 amounts as may be contributed under section 307 of the

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

13 amounts as may be advanced for administrative costs, sur14 veys, appraisals, and costs of making conveyances of omit15 ted lands under section 211(b) of that Act, to remain

16 available until expended.

17 ADMINISTRATIVE PROVISIONS

18 Appropriations for the Bureau of Land Management

19 shall be available for purchase, erection, and dismantle20 ment of temporary structures, and alteration and mainte21 nance of necessary buildings and appurtenant facilities to

22 which the United States has title; up to $100,000 for pay23 ments, at the discretion of the Secretary, for information

24 or evidence concerning violations of laws administered by

25 the Bureau of Land Management; miscellaneous and

26 emergency expenses of enforcement activities authorized
9

HR 1977 RFS

1 or approved by the Secretary and to be accounted for sole2 ly on his certificate, not to exceed $10,000: Provided, That

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

4 cooperative cost-sharing and partnership arrangements

5 authorized by law, procure printing services from coopera6 tors in connection with jointly-produced publications for

7 which the cooperators share the cost of printing either in

8 cash or in services, and the Bureau determines the co9 operator is capable of meeting accepted quality standards.

10 UNITED STATES FISH AND WILDLIFE SERVICE

11 RESOURCE MANAGEMENT

12 For expenses necessary for scientific and economic

13 studies, conservation, management, investigations, protec14 tion, and utilization of fishery and wildlife resources, ex15 cept whales, seals, and sea lions, and for the performance

16 of other authorized functions related to such resources; for

17 the general administration of the United States Fish and

18 Wildlife Service; and for maintenance of the herd of long19 horned cattle on the Wichita Mountains Wildlife Refuge;

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

21 within the scope of the approved budget which shall be

22 carried out by the Youth Conservation Corps as author23 ized by the Act of August 13, 1970, as amended by Public

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

25 available for obligation until September 30, 1997, of which
10

HR 1977 RFS

1 $11,557,000 shall be for operation and maintenance of

2 fishery mitigation facilities constructed by the Corps of

3 Engineers under the Lower Snake River Compensation

4 Plan, authorized by the Water Resources Development Act

5 of 1976 (90 Stat. 2921), to compensate for loss of fishery

6 resources from water development projects on the Lower

7 Snake River: Provided, That unobligated and unexpended

8 balances in the Resource Management account at the end

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

10 of the fiscal year 1996 Resource Management appropria11 tion, and shall remain available for obligation until Sep12 tember 30, 1997.

13 CONSTRUCTION

14 For construction and acquisition of buildings and

15 other facilities required in the conservation, management,

16 investigation, protection, and utilization of fishery and

17 wildlife resources, and the acquisition of lands and inter18 ests therein; $26,355,000, to remain available until ex19 pended.

20 NATURAL RESOURCE DAMAGE ASSESSMENT FUND

21 To conduct natural resource damage assessment ac22 tivities by the Department of the Interior necessary to

23 carry out the provisions of the Comprehensive Environ24 mental Response, Compensation, and Liability Act, as

25 amended (42 U.S.C. 9601, et seq.), Federal Water Pollu26 tion Control Act, as amended (33 U.S.C. 1251, et seq.),
11

HR 1977 RFS

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

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

3 $6,019,000, to remain available until expended: Provided,

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

5 thereafter are not limited to monetary payments and may

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

7 which may be retained, liquidated or otherwise disposed

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

9 utilized for the restoration of injured resources, and to

10 conduct new damage assessment activities.

11 LAND ACQUISITION

12 For expenses necessary to carry out the provisions

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

14 as amended (16 U.S.C. 460l–4–11), including administra15 tive expenses, and for acquisition of land or waters, or in16 terest therein, in accordance with statutory authority ap17 plicable to the United States Fish and Wildlife Service,

18 $14,100,000, to be derived from the Land and Water Con19 servation Fund, to remain available until expended.

20 COOPERATIVE ENDANGERED SPECIES CONSERVATION

21 FUND

22 For expenses necessary to carry out the provisions

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

24 1543), as amended by Public Law 100–478, $8,085,000

25 for grants to States, to be derived from the Cooperative
12

HR 1977 RFS

1 Endangered Species Conservation Fund, and to remain

2 available until expended.

3 NATIONAL WILDLIFE REFUGE FUND

4 For expenses necessary to implement the Act of Octo5 ber 17, 1978 (16 U.S.C. 715s), $10,779,000.

6 REWARDS AND OPERATIONS

7 For expenses necessary to carry out the provisions

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

9 4201–4203, 4211–4213, 4221–4225, 4241–4245, and

10 1538), $600,000, to remain available until expended.

11 NORTH AMERICAN WETLANDS CONSERVATION FUND

12 For expenses necessary to carry out the provisions

13 of the North American Wetlands Conservation Act, Public

14 Law 101–233, $4,500,000, to remain available until ex15 pended.

16 LAHONTAN VALLEY AND PYRAMID LAKE FISH AND

17 WILDLIFE FUND

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

19 618, such sums as have previously been credited or may

20 be credited hereafter to the Lahontan Valley and Pyramid

21 Lake Fish and Wildlife Fund, to be available until ex22 pended without further appropriation.

23 RHINOCEROS AND TIGER CONSERVATION FUND

24 For deposit to the Rhinoceros and Tiger Conserva25 tion Fund, $200,000, to remain available until expended,
13

HR 1977 RFS

1 to be available to carry out the provisions of the Rhinoc2 eros and Tiger Conservation Act of 1994 (P.L. 103–391).

3 WILDLIFE CONSERVATION AND APPRECIATION FUND

4 For deposit to the Wildlife Conservation and Appre5 ciation Fund, $998,000, to remain available until ex6 pended, to be available for carrying out the Partnerships

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

8 as provided in section 7105 of said Act.

9 ADMINISTRATIVE PROVISIONS

10 Appropriations and funds available to the United

11 States Fish and Wildlife Service shall be available for pur12 chase of not to exceed 54 passenger motor vehicles, none

13 of which are for police-type use; not to exceed $400,000

14 for payment, at the discretion of the Secretary, for infor15 mation, rewards, or evidence concerning violations of laws

16 administered by the United States Fish and Wildlife Serv17 ice, and miscellaneous and emergency expenses of enforce18 ment activities, authorized or approved by the Secretary

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

20 of damage to public roads within and adjacent to reserva21 tion areas caused by operations of the United States Fish

22 and Wildlife Service; options for the purchase of land at

23 not to exceed $1 for each option; facilities incident to such

24 public recreational uses on conservation areas as are con25 sistent with their primary purpose; and the maintenance

26 and improvement of aquaria, buildings, and other facilities
14

HR 1977 RFS

1 under the jurisdiction of the United States Fish and Wild2 life Service and to which the United States has title, and

3 which are utilized pursuant to law in connection with man4 agement and investigation of fish and wildlife resources:

5 Provided, That notwithstanding 44 U.S.C. 501, the Serv6 ice may, under cooperative cost sharing and partnership

7 arrangements authorized by law, procure printing services

8 from cooperators in connection with jointly-produced pub9 lications for which the cooperators share at least one-half

10 the cost of printing either in cash or services and the Serv11 ice determines the cooperator is capable of meeting accept12 ed quality standards: Provided further, That notwithstand13 ing any other provision of law, the Secretary of the Inte14 rior may not spend any of the funds appropriated in this

15 Act for the purchase of lands or interests in lands to be

16 used in the establishment of any new unit of the National

17 Wildlife Refuge System unless the purchase is approved

18 in advance by the House and Senate Committees on Ap19 propriations in compliance with the reprogramming proce20 dures contained in House Report 103–551: Provided fur21 ther, That none of the funds made available in this Act

22 may be used by the U.S. Fish and Wildlife Service to im23 pede or delay the issuance of a wetlands permit by the

24 U.S. Army Corps of Engineers to the City of Lake Jack25 son, Texas, for the development of a public golf course
15

HR 1977 RFS

1 west of Buffalo Camp Bayou between the Brazos River

2 and Highway 332.

3 NATIONAL PARK SERVICE

4 OPERATION OF THE NATIONAL PARK SYSTEM

5 For expenses necessary for the management, oper6 ation, and maintenance of areas and facilities adminis7 tered by the National Park Service (including special road

8 maintenance service to trucking permittees on a reimburs9 able basis), and for the general administration of the Na10 tional Park Service, including not to exceed $1,593,000

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

12 $1,000,000 for high priority projects within the scope of

13 the approved budget which shall be carried out by the

14 Youth Conservation Corps as authorized by the Act of Au15 gust 13, 1970, as amended by Public Law 93–408,

16 $1,088,249,000, without regard to the Act of August 24,

17 1912, as amended (16 U.S.C. 451), of which not to exceed

18 $72,000,000, to remain available until expended is to be

19 derived from the special fee account established pursuant

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

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

22 the National Park Service at the Mojave National Pre23 serve.

24 NATIONAL RECREATION AND PRESERVATION

25 For expenses necessary to carry out recreation pro26 grams, natural programs, cultural programs, environ-
16

HR 1977 RFS

1 mental compliance and review, international park affairs,

2 statutory or contractual aid for other activities, and grant

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

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

5 for the William O. Douglas Outdoor Education Center,

6 subject to authorization.

7 HISTORIC PRESERVATION FUND

8 For expenses necessary in carrying out the provisions

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

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

11 from the Historic Preservation Fund, established by sec12 tion 108 of that Act, as amended, to remain available for

13 obligation until September 30, 1997.

14 CONSTRUCTION

15 For construction, improvements, repair or replace16 ment of physical facilities, $114,868,000, to remain avail17 able until expended: Provided, That not to exceed

18 $6,000,000 shall be paid to the Army Corps of Engineers

19 for modifications authorized by section 104 of the Ever20 glades National Park Protection and Expansion Act of

21 1989.

22 LAND AND WATER CONSERVATION FUND

23 (RESCISSION)

24 The contract authority provided for fiscal year 1996

25 by 16 U.S.C. 460l–10a is rescinded.
17

HR 1977 RFS

1 LAND ACQUISITION AND STATE ASSISTANCE

2 For expenses necessary to carry out the provisions

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

4 as amended (16 U.S.C. 460l–4–11), including administra5 tive expenses, and for acquisition of lands or waters, or

6 interest therein, in accordance with statutory authority

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

8 be derived from the Land and Water Conservation Fund,

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

10 is provided for Federal assistance to the State of Florida

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

12 $1,500,000 is to administer the State assistance program.

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.
18

HR 1977 RFS

1 UNITED STATES GEOLOGICAL SURVEY

2 SURVEYS, INVESTIGATIONS, AND RESEARCH

3 For expenses necessary for the United States Geo4 logical Survey to perform surveys, investigations, and re5 search covering topography, geology, hydrology, and the

6 mineral and water resources of the United States, its Ter7 ritories and possessions, and other areas as authorized by

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

9 their mineral and water resources; give engineering super10 vision to power permittees and Federal Energy Regulatory

11 Commission licensees; administer the minerals exploration

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

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

14 which $62,130,000 shall be available for cooperation with

15 States or municipalities for water resources investigations,

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

17 operations of Cooperative Research Units shall remain

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

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

20 one-half the cost of any topographic mapping or water re21 sources investigations carried on in cooperation with any

22 State or municipality: Provided further, That funds avail23 able herein for resource research may be used for the pur24 chase of not to exceed 61 passenger motor vehicles, of

25 which 55 are for replacement only: Provided further, That
19

HR 1977 RFS

1 none of the funds available under this head for resource

2 research shall be used to conduct new surveys on private

3 property except when it is made known to the Federal offi4 cial having authority to obligate or expend such funds that

5 the survey or research has been requested and authorized

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

7 representative: Provided further, That none of the funds

8 provided herein for resource research may be used to ad9 minister a volunteer program when it is made known to

10 the Federal official having authority to obligate or expend

11 such funds that the volunteers are not properly trained

12 or that information gathered by the volunteers is not care13 fully verified: Provided further, That no later than April

14 1, 1996, the Director of the United States Geological Sur15 vey shall issue agency guidelines for resource research that

16 ensure that scientific and technical peer review is utilized

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

18 ensure the validity and reliability of research and data col19 lection on Federal lands: Provided further, That no funds

20 available for resource research may be used for any activ21 ity that was not authorized prior to the establishment of

22 the National Biological Survey: Provided further, That

23 once every five years the National Academy of Sciences

24 shall review and report on the resource research activities

25 of the Survey: Provided further, That if specific authoriz-
20

HR 1977 RFS

1 ing legislation is enacted during or before the start of fis2 cal year 1996, the resource research component of the

3 Survey should comply with the provisions of that legisla4 tion: Provided further, That unobligated and unexpended

5 balances in the National Biological Survey, Research, in6 ventories and surveys account at the end of fiscal year

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

8 States Geological Survey, Surveys, investigations, and re9 search account and shall remain available for obligation

10 until September 30, 1996.

11 ADMINISTRATIVE PROVISIONS

12 The amount appropriated for the United States Geo13 logical Survey shall be available for purchase of not to ex14 ceed 22 passenger motor vehicles, for replacement only;

15 reimbursement to the General Services Administration for

16 security guard services; contracting for the furnishing of

17 topographic maps and for the making of geophysical or

18 other specialized surveys when it is administratively deter19 mined that such procedures are in the public interest; con20 struction and maintenance of necessary buildings and ap21 purtenant facilities; acquisition of lands for gauging sta22 tions and observation wells; expenses of the United States

23 National Committee on Geology; and payment of com24 pensation and expenses of persons on the rolls of the Unit25 ed States Geological Survey appointed, as authorized by

26 law, to represent the United States in the negotiation and
21

HR 1977 RFS

1 administration of interstate compacts: Provided, That ac2 tivities funded by appropriations herein made may be ac3 complished through the use of contracts, grants, or coop4 erative agreements as defined in 31 U.S.C. 6302, et seq.

5 MINERALS MANAGEMENT SERVICE

6 ROYALTY AND OFFSHORE MINERALS MANAGEMENT

7 For expenses necessary for minerals leasing and envi8 ronmental studies, regulation of industry operations, and

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

10 laws and regulations applicable to oil, gas, and other min11 erals leases, permits, licenses and operating contracts; and

12 for matching grants or cooperative agreements; including

13 the purchase of not to exceed eight passenger motor vehi14 cles for replacement only; $186,556,000, of which not less

15 than $70,105,000 shall be available for royalty manage16 ment activities; and an amount not to exceed $12,400,000

17 for the Technical Information Management System of

18 Outer Continental Shelf (OCS) Lands Activity, to be cred19 ited to this appropriation and to remain available until ex20 pended, from additions to receipts resulting from increases

21 to rates in effect on August 5, 1993, from rate increases

22 to fee collections for OCS administrative activities per23 formed by the Minerals Management Service over and

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

25 additional fees for OCS administrative activities estab-
22

HR 1977 RFS

1 lished after September 30, 1993: Provided, That begin2 ning in fiscal year 1996 and thereafter, fees for royalty

3 rate relief applications shall be established (and revised

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

5 to this account in the program areas performing the func6 tion, and remain available until expended for the costs of

7 administering the royalty rate relief authorized by 43

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

9 computer acquisitions shall remain available until Septem10 ber 30, 1997: Provided further, That funds appropriated

11 under this Act shall be available for the payment of inter12 est in accordance with 30 U.S.C. 1721 (b) and (d): Pro13 vided further, That not to exceed $3,000 shall be available

14 for reasonable expenses related to promoting volunteer

15 beach and marine cleanup activities: Provided further,

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

17 under this head shall be available for refunds of overpay18 ments in connection with certain Indian leases in which

19 the Director of the Minerals Management Service con20 curred with the claimed refund due, to pay amounts owed

21 to Indian allottees or Tribes, or to correct prior unrecover22 able erroneous payments: Provided further, That beginning

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

24 appropriate action to collect unpaid and underpaid royal25 ties and late payment interest owed by Federal and Indian
23

HR 1977 RFS

1 mineral lessees and other royalty payors on amounts re2 ceived in settlement or other resolution of disputes under,

3 and for partial or complete termination of, sales agree4 ments for minerals from Federal and Indian leases.

5 OIL SPILL RESEARCH

6 For necessary expenses to carry out the purposes of

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

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

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

10 Spill Liability Trust Fund, to remain available until ex11 pended.

12 BUREAU OF MINES

13 MINES AND MINERALS

14 For expenses necessary for the orderly closure of the

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

16 ADMINISTRATIVE PROVISIONS

17 The Secretary is authorized to accept lands, buildings,

18 equipment, other contributions, and fees from public and

19 private sources, and to prosecute projects using such con20 tributions and fees in cooperation with other Federal,

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

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

23 directly or through any Government agency, including cor24 porations, any metal or mineral products that may be

25 manufactured in pilot plants operated by the Bureau of

26 Mines, and the proceeds of such sales shall be covered into
24

HR 1977 RFS

1 the Treasury as miscellaneous receipts: Provided further,

2 That notwithstanding any other provision of law, the Sec3 retary is authorized to convey, without reimbursement,

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

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

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

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

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

9 in other localities to such university or government entities

10 as the Secretary deems appropriate.

11 OFFICE OF SURFACE MINING RECLAMATION AND

12 ENFORCEMENT

13 REGULATION AND TECHNOLOGY

14 For necessary expenses to carry out the provisions

15 of the Surface Mining Control and Reclamation Act of

16 1977, Public Law 95–87, as amended, including the pur17 chase of not to exceed 15 passenger motor vehicles for re18 placement only; $92,751,000, and notwithstanding 31

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

20 this account, to remain available until expended, from per21 formance bond forfeitures in fiscal year 1996: Provided,

22 That notwithstanding any other provision of law, the Sec23 retary of the Interior, pursuant to regulations, may utilize

24 directly or through grants to States, moneys collected in

25 fiscal year 1996 pursuant to the assessment of civil pen-
25

HR 1977 RFS

1 alties under section 518 of the Surface Mining Control

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

3 lands adversely affected by coal mining practices after Au4 gust 3, 1977, to remain available until expended: Provided

5 further, That notwithstanding any other provision of law,

6 appropriations for the Office of Surface Mining Reclama7 tion and Enforcement may provide for the travel and per

8 diem expenses of State and tribal personnel attending Of9 fice of Surface Mining Reclamation and Enforcement

10 sponsored training.

11 ABANDONED MINE RECLAMATION FUND

12 For necessary expenses to carry out the provisions

13 of title IV of the Surface Mining Control and Reclamation

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

15 the purchase of not more than 22 passenger motor vehicles

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

17 receipts of the Abandoned Mine Reclamation Fund and

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

19 shall be used for supplemental grants to States for the

20 reclamation of abandoned sites with acid mine rock drain21 age from coal mines through the Appalachian Clean

22 Streams Initiative: Provided, That grants to minimum

23 program States will be $1,500,000 per State in fiscal year

24 1996: Provided further, That of the funds herein provided

25 up to $18,000,000 may be used for the emergency pro26 gram authorized by section 410 of Public Law 95–87, as
26

HR 1977 RFS

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

2 used for emergency reclamation projects in any one State

3 and funds for Federally-administered emergency reclama4 tion projects under this proviso shall not exceed

5 $11,000,000: Provided further, That donations credited to

6 the Abandoned Mine Reclamation Fund, pursuant to sec7 tion 401(b)(3) of Public Law 95–87, are hereby appro8 priated and shall be available until expended to support

9 projects under the Appalachian Clean Streams Initiative,

10 directly, through agreements with other Federal agencies,

11 as otherwise authorized, or through grants to States or

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

13 further, That prior year unobligated funds appropriated

14 for the emergency reclamation program shall not be sub15 ject to the 25 per centum limitation per State and may

16 be used without fiscal year limitation for emergency

17 projects: Provided further, That pursuant to Public Law

18 97–365, the Department of the Interior is authorized to

19 utilize up to 20 per centum from the recovery of the delin20 quent debt owed to the United States Government to pay

21 for contracts to collect these debts.

22 BUREAU OF INDIAN AFFAIRS

23 OPERATION OF INDIAN PROGRAMS

24 For operation of Indian programs by direct expendi25 ture, contracts, cooperative agreements, compacts, and
27

HR 1977 RFS

1 grants including expenses necessary to provide education

2 and welfare services for Indians, either directly or in co3 operation with States and other organizations, including

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

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

6 grants and other assistance to needy Indians; maintenance

7 of law and order; management, development, improve8 ment, and protection of resources and appurtenant facili9 ties under the jurisdiction of the Bureau of Indian Affairs,

10 including payment of irrigation assessments and charges;

11 acquisition of water rights; advances for Indian industrial

12 and business enterprises; operation of Indian arts and

13 crafts shops and museums; development of Indian arts

14 and crafts, as authorized by law; for the general adminis15 tration of the Bureau of Indian Affairs, including such

16 expenses in field offices; maintaining of Indian reservation

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

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

19 housing, $1,508,777,000 (plus $851,000), of which not to

20 exceed $106,126,000 shall be for payments to tribes and

21 tribal organizations for contract support costs associated

22 with ongoing contracts or grants or compacts entered into

23 with the Bureau of Indian Affairs prior to fiscal year

24 1996, as authorized by the Indian Self-Determination Act

25 of 1975, as amended, and $5,000,000 shall be for the In-
28

HR 1977 RFS

1 dian Self-Determination Fund, which shall be available for

2 the transitional cost of initial or expanded tribal contracts,

3 grants, compacts, or cooperative agreements with the Bu4 reau of Indian Affairs under the provisions of the Indian

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

6 $330,711,000 for school operations costs of Bureau-fund7 ed schools and other education programs shall become

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

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

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

11 scholarships, adult vocational training, and assistance to

12 public schools under the Johnson O’Malley Act shall re13 main available for obligation until September 30, 1997;

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

15 available until expended for trust funds management,

16 housing improvement, road maintenance, attorney fees,

17 litigation support, self-governance grants, the Indian Self18 Determination Fund, and the Navajo-Hopi Settlement

19 Program: Provided, That tribes and tribal contractors may

20 use their tribal priority allocations for unmet indirect costs

21 of ongoing contracts, grants or compact agreements: Pro22 vided further, That funds made available to tribes and

23 tribal organizations through contracts or grants obligated

24 during fiscal year 1996, as authorized by the Indian Self25 Determination Act of 1975 (88 Stat. 2203; 25 U.S.C. 450
29

HR 1977 RFS

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

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

3 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 deter11 mine whether there has been a loss: Provided further, That

12 to provide funding uniformity within a Self-Governance

13 Compact, any funds provided in this Act with availability

14 for more than one year may be reprogrammed to one year

15 availability but shall remain available within the Compact

16 until expended: Provided further, That notwithstanding

17 any other provision of law, Indian tribal governments may,

18 by appropriate changes in eligibility criteria or by other

19 means, change eligibility for general assistance or change

20 the amount of general assistance payments for individuals

21 within the service area of such tribe who are otherwise

22 deemed eligible for general assistance payments so long

23 as such changes are applied in a consistent manner to in24 dividuals similarly situated: Provided further, That any

25 savings realized by such changes shall be available for use
30

HR 1977 RFS

1 in meeting other priorities of the tribes: Provided further,

2 That any net increase in costs to the Federal Government

3 which result solely from tribally increased payment levels

4 for general assistance shall be met exclusively from funds

5 available to the tribe from within its tribal priority alloca6 tion: Provided further, That any forestry funds allocated

7 to a tribe which remain unobligated as of September 30,

8 1996, may be transferred during fiscal year 1997 to an

9 Indian forest land assistance account established for the

10 benefit of such tribe within the tribe’s trust fund account:

11 Provided further, That any such unobligated balances not

12 so transferred shall expire on September 30, 1997: Pro13 vided further, That notwithstanding any other provision of

14 law, no funds available to the Bureau of Indian Affairs,

15 other than the amounts provided herein for assistance to

16 public schools under the Act of April 16, 1934 (48 Stat.

17 596), as amended (25 U.S.C. 452 et seq.), shall be avail18 able to support the operation of any elementary or second19 ary school in the State of Alaska in fiscal year 1996: Pro20 vided further, That funds made available in this or any

21 other Act for expenditure through September 30, 1997 for

22 schools funded by the Bureau of Indian Affairs shall be

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

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

25 Provided further, That no funds available to the Bureau
31

HR 1977 RFS

1 of Indian Affairs shall be used to support expanded grades

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

3 school in the Bureau of Indian Affairs school system as

4 of October 1, 1995: Provided further, That notwithstand5 ing the provisions of 25 U.S.C. 2011(h)(1)(B) and (c),

6 upon the recommendation of a local school board for a

7 Bureau of Indian Affairs operated school, the Secretary

8 shall establish rates of basic compensation or annual sal9 ary rates for the positions of teachers and counselors (in10 cluding dormitory and homeliving counselors) at the school

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

12 public school districts in the same geographic area.

13 CONSTRUCTION

14 For construction, major repair, and improvement of

15 irrigation and power systems, buildings, utilities, and

16 other facilities, including architectural and engineering

17 services by contract; acquisition of lands and interests in

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

19 to remain available until expended: Provided, That such

20 amounts as may be available for the construction of the

21 Navajo Indian Irrigation Project and for other water re22 source development activities related to the Southern Ari23 zona Water Rights Settlement Act may be transferred to

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

25 exceed 6 per centum of contract authority available to the

26 Bureau of Indian Affairs from the Federal Highway Trust
32

HR 1977 RFS

1 Fund may be used to cover the road program management

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

3 That any funds provided for the Safety of Dams program

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

5 non-reimbursable basis: Provided further, That for the fis6 cal year ending September 30, 1996, in implementing new

7 construction or facilities improvement and repair project

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

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

10 amended, the Secretary of the Interior shall use the Ad11 ministrative and Audit Requirements and Cost Principles

12 for Assistance Programs contained in 43 CFR part 12 as

13 the regulatory requirements: Provided further, That such

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

15 the Secretary and the grantee shall negotiate and deter16 mine a schedule of payments for the work to be performed:

17 Provided further, That in considering applications, the

18 Secretary shall consider whether the Indian tribe or tribal

19 organization would be deficient in assuring that the con20 struction projects conform to applicable building stand21 ards and codes and Federal, tribal, or State health and

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

23 respect to organizational and financial management capa24 bilities: Provided further, That if the Secretary declines an

25 application, the Secretary shall follow the requirements
33

HR 1977 RFS

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

2 any disputes between the Secretary and any grantee con3 cerning a grant shall be subject to the disputes provision

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

5 INDIAN LAND AND WATER CLAIM SETTLEMENTS AND

6 MISCELLANEOUS PAYMENTS TO INDIANS

7 For miscellaneous payments to Indian tribes and in8 dividuals and for necessary administrative expenses,

9 $75,145,000, to remain available until expended; of which

10 $73,100,000 shall be available for implementation of en11 acted Indian land and water claim settlements pursuant

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

13 441, 102–575, and 103–116, and for implementation of

14 other enacted water rights settlements, including not to

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

16 of the Catawba Indian Tribe of South Carolina Claims

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

18 103–116; and of which $1,045,000 shall be available pur19 suant to Public Laws 98–500, 99–264, and 100–580; and

20 of which $1,000,000 shall be available (1) to liquidate obli21 gations owed tribal and individual Indian payees of any

22 checks canceled pursuant to section 1003 of the Competi23 tive Equality Banking Act of 1987 (Public Law 100–86

24 (101 Stat. 659)), 31 U.S.C. 3334(b), (2) to restore to In25 dividual Indian Monies trust funds, Indian Irrigation Sys26 tems, and Indian Power Systems accounts amounts in-
34

HR 1977 RFS

1 vested in credit unions or defaulted savings and loan asso2 ciations and which were not Federally insured, and (3)

3 to reimburse Indian trust fund account holders for losses

4 to their respective accounts where the claim for said

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

6 agreement approved by the Department of Justice.

7 ADMINISTRATIVE PROVISIONS

8 Appropriations for the Bureau of Indian Affairs shall

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

10 to exceed 275 passenger carrying motor vehicles, of which

11 not to exceed 215 shall be for replacement only.

12 TERRITORIAL AND INTERNATIONAL AFFAIRS

13 ASSISTANCE TO TERRITORIES

14 For expenses necessary for assistance to territories

15 under the jurisdiction of the Department of the Interior,

16 $52,405,000, to remain available until expended for brown

17 tree snake control and research; grants to the judiciary

18 in American Samoa for compensation and expenses, as au19 thorized by law (48 U.S.C. 1661(c)); grants to the Govern20 ment of American Samoa, in addition to current local rev21 enues, for construction and support of governmental func22 tions; grants to the Government of the Virgin Islands as

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

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

25 the Northern Mariana Islands as authorized by law (Pub26 lic Law 94–241; 90 Stat. 272): Provided, That all finan-
35

HR 1977 RFS

1 cial transactions of the territorial and local governments

2 herein provided for, including such transactions of all

3 agencies or instrumentalities established or utilized by

4 such governments, may be audited by the General Ac5 counting Office, at its discretion, in accordance with chap6 ter 35 of title 31, United States Code: Provided further,

7 That Northern Mariana Islands Covenant grant funding

8 shall be provided according to those terms of the Agree9 ment of the Special Representatives on Future United

10 States Financial Assistance for the Northern Mariana Is11 lands approved by Public Law 99–396, or any subsequent

12 legislation related to Commonwealth of the Northern Mar13 iana Islands Covenant grant funding.

14 COMPACT OF FREE ASSOCIATION

15 For economic assistance and necessary expenses for

16 the Federated States of Micronesia and the Republic of

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

18 223, 232, and 233 of the Compacts of Free Association,

19 and for economic assistance and necessary expenses for

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

21 223, 232, and 233 of the Compact of Free Association,

22 $24,938,000, to remain available until expended, as au23 thorized by Public Law 99–239 and Public Law 99–658,

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

25 104(e)(6) of Public Law 99–239: Provided, That notwith26 standing section 112 of Public Law 101–219 (103 Stat.
36

HR 1977 RFS

1 1873), the Secretary of the Interior may agree to technical

2 changes in the specifications for the project described in

3 the subsidiary agreement negotiated under section 212(a)

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

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

6 to the United States.

7 DEPARTMENTAL OFFICES

8 OFFICE OF THE SECRETARY

9 SALARIES AND EXPENSES

10 For necessary expenses of the Office of the Secretary

11 of the Interior, $53,919,000, of which not to exceed

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

13 expenses.

14 OFFICE OF THE SOLICITOR

15 SALARIES AND EXPENSES

16 For necessary expenses of the Office of the Solicitor,

17 $34,608,000.

18 OFFICE OF INSPECTOR GENERAL

19 SALARIES AND EXPENSES

20 For necessary expenses of the Office of Inspector

21 General, $23,939,000.
37

HR 1977 RFS

1 NATIONAL INDIAN GAMING COMMISSION

2 SALARIES AND EXPENSES

3 For necessary expenses of the National Indian Gam4 ing Commission, pursuant to Public Law 100–497,

5 $1,000,000.

6 ADMINISTRATIVE PROVISIONS

7 There is hereby authorized for acquisition from avail8 able resources within the Working Capital Fund, 15 air9 craft, 10 of which shall be for replacement and which may

10 be obtained by donation, purchase or through available ex11 cess surplus property: Provided, That notwithstanding any

12 other provision of law, existing aircraft being replaced may

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

14 offset the purchase price for the replacement aircraft: Pro15 vided further, That no programs funded with appropriated

16 funds in the ‘‘Office of the Secretary’’, ‘‘Office of the So17 licitor’’, and ‘‘Office of Inspector General’’ may be aug18 mented through the Working Capital Fund or the Consoli19 dated Working Fund.

20 GENERAL PROVISIONS, DEPARTMENT OF THE

21 INTERIOR

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

23 available for expenditure or transfer (within each bureau

24 or office), with the approval of the Secretary, for the emer25 gency reconstruction, replacement, or repair of aircraft,
38

HR 1977 RFS

1 buildings, utilities, or other facilities or equipment dam2 aged or destroyed by fire, flood, storm, or other unavoid3 able causes: Provided, That no funds shall be made avail4 able under this authority until funds specifically made

5 available to the Department of the Interior for emer6 gencies shall have been exhausted: Provided further, That

7 all funds used pursuant to this section are hereby des8 ignated by Congress to be ‘‘emergency requirements’’ pur9 suant to section 251(b)(2)(D) of the Balanced Budget and

10 Emergency Deficit Control Act of 1985 and must, be re11 plenished by a supplemental appropriation which must be

12 requested as promptly as possible.

13 SEC. 102. The Secretary may authorize the expendi14 ture or transfer of any no year appropriation in this title,

15 in addition to the amounts included in the budget pro16 grams of the several agencies, for the suppression or emer17 gency prevention of forest or range fires on or threatening

18 lands under the jurisdiction of the Department of the Inte19 rior; for the emergency rehabilitation of burned-over lands

20 under its jurisdiction; for emergency actions related to po21 tential or actual earthquakes, floods, volcanoes, storms, or

22 other unavoidable causes; for contingency planning subse23 quent to actual oilspills; response and natural resource

24 damage assessment activities related to actual oilspills; for

25 the prevention, suppression, and control of actual or po-
39

HR 1977 RFS

1 tential grasshopper and Mormon cricket outbreaks on

2 lands under the jurisdiction of the Secretary, pursuant to

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

4 (99 Stat. 1658); for emergency reclamation projects under

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

6 any no year funds available to the Office of Surface Min7 ing Reclamation and Enforcement, such funds as may be

8 necessary to permit assumption of regulatory authority in

9 the event a primacy State is not carrying out the regu10 latory provisions of the Surface Mining Act: Provided,

11 That appropriations made in this title for fire suppression

12 purposes shall be available for the payment of obligations

13 incurred during the preceding fiscal year, and for reim14 bursement to other Federal agencies for destruction of ve15 hicles, aircraft, or other equipment in connection with

16 their use for fire suppression purposes, such reimburse17 ment to be credited to appropriations currently available

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

19 emergency rehabilitation and wildfire suppression activi20 ties, no funds shall be made available under this authority

21 until funds appropriated to the ‘‘Emergency Department

22 of the Interior Firefighting Fund’’ shall have been ex23 hausted: Provided further, That all funds used pursuant

24 to this section are hereby designated by Congress to be

25 ‘‘emergency requirements’’ pursuant to section
40

HR 1977 RFS

1 251(b)(2)(D) of the Balanced Budget and Emergency

2 Deficit Control Act of 1985 and must be replenished by

3 a supplemental appropriation which must be requested as

4 promptly as possible: Provided further, That such replen5 ishment funds shall be used to reimburse, on a pro rata

6 basis, accounts from which emergency funds were trans7 ferred.

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

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

10 similar facilities, wherever consolidation of activities will

11 contribute to efficiency or economy, and said appropria12 tions shall be reimbursed for services rendered to any

13 other activity in the same manner as authorized by sec14 tions 1535 and 1536 of title 31, U.S.C.: Provided, That

15 reimbursements for costs and supplies, materials, equip16 ment, and for services rendered may be credited to the

17 appropriation current at the time such reimbursements

18 are received.

19 SEC. 104. Appropriations made to the Department

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

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

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

23 maintenance, and operation of aircraft; hire of passenger

24 motor vehicles; purchase of reprints; payment for tele25 phone service in private residences in the field, when au-
41

HR 1977 RFS

1 thorized under regulations approved by the Secretary; and

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

3 for library membership in societies or associations which

4 issue publications to members only or at a price to mem5 bers lower than to subscribers who are not members.

6 SEC. 105. Appropriations available to the Depart7 ment of the Interior for salaries and expenses shall be

8 available for uniforms or allowances therefor, as author9 ized by law (5 U.S.C. 5901–5902 and D.C. Code 4–204).

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

11 available for obligation in connection with contracts issued

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

13 months beginning at any time during the fiscal year.

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

15 Land and Water Conservation Fund for acquisition of

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

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

18 the following accounts: Bureau of Land Management,

19 Land acquisition, United States Fish and Wildlife Service,

20 Land acquisition, and National Park Service, Land acqui21 sition and State assistance. Use of such funds are subject

22 to the reprogramming guidelines of the House and Senate

23 Committees on Appropriations.

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

25 Presidio which are not obligated as of the date on which
42

HR 1977 RFS

1 the Presidio Trust is established by an Act of Congress

2 shall be transferred to and available only for the Presidio

3 Trust.

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

5 hereby repealed.

6 SEC. 110. None of the funds appropriated or other7 wise made available by this Act may be obligated or ex8 pended by the Secretary of the Interior for developing,

9 promulgating, and thereafter implementing a rule con10 cerning rights-of-way under section 2477 of the Revised

11 Statutes.

12 SEC. 111. No funds provided in this title may be ex13 pended by the Department of the Interior for the conduct

14 of offshore leasing and related activities placed under re15 striction in the President’s moratorium statement of June

16 26, 1990, in the areas of Northern, Central, and Southern

17 California; the North Atlantic; Washington and Oregon;

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

19 latitude and east of 86 degrees west longitude.

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

21 expended by the Department of the Interior for the con22 duct of leasing, or the approval or permitting of any drill23 ing or other exploration activity, on lands within the North

24 Aleutian Basin planning area.
43

HR 1977 RFS

1 SEC. 113. No funds provided in this title may be ex2 pended by the Department of the Interior for the conduct

3 of preleasing and leasing activities in the Eastern Gulf of

4 Mexico for Outer Continental Shelf Lease Sale 151 in the

5 Outer Continental Shelf Natural Gas and Oil Resource

6 Management Comprehensive Program, 1992–1997.

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

8 expended by the Department of the Interior for the con9 duct of preleasing and leasing activities in the Atlantic for

10 Outer Continental Shelf Lease Sale 164 in the Outer Con11 tinental Shelf Natural Gas and Oil Resource Management

12 Comprehensive Program, 1992–1997.

13 TITLE II—RELATED AGENCIES

14 DEPARTMENT OF AGRICULTURE

15 FOREST SERVICE

16 FOREST RESEARCH

17 For necessary expenses of forest research as author18 ized by law, $182,000,000, to remain available until Sep19 tember 30, 1997.

20 STATE AND PRIVATE FORESTRY

21 For necessary expenses of cooperating with, and pro22 viding technical and financial assistance to States, Terri23 tories, possessions, and others and for forest pest manage24 ment activities, cooperative forestry and education and
44

HR 1977 RFS

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

2 available until expended, as authorized by law.

3 NATIONAL FOREST SYSTEM

4 For necessary expenses of the Forest Service, not

5 otherwise provided for, for management, protection, im6 provement, and utilization of the National Forest System,

7 for ecosystem planning, inventory, and monitoring, and for

8 administrative expenses associated with the management

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

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

11 ‘‘Construction’’, ‘‘Fire Protection and Emergency Sup12 pression’’, and ‘‘Land Acquisition’’, $1,266,688,000, to

13 remain available for obligation until September 30, 1997,

14 and including 65 per centum of all monies received during

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

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

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

18 6a(i)): Provided, That unobligated and unexpended bal19 ances in the National Forest System account at the end

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

21 of the fiscal year 1996 National Forest System appropria22 tion, and shall remain available for obligation until Sep23 tember 30, 1997: Provided further, That up to $5,000,000

24 of the funds provided herein for road maintenance shall
45

HR 1977 RFS

1 be available for the planned obliteration of roads which

2 are no longer needed.

3 FIRE PROTECTION AND EMERGENCY SUPPRESSION

4 For necessary expenses for forest fire presuppression

5 activities on National Forest System lands, for emergency

6 fire suppression on or adjacent to National Forest System

7 lands or other lands under fire protection agreement, and

8 for emergency rehabilitation of burned over National For9 est System lands, $385,485,000, to remain available until

10 expended: Provided, That unexpended balances of

11 amounts previously appropriated under any other head12 ings for Forest Service fire activities may be transferred

13 to and merged with this appropriation: Provided further,

14 That such funds are available for repayment of advances

15 from other appropriations accounts previously transferred

16 for such purposes.

17 CONSTRUCTION

18 For necessary expenses of the Forest Service, not

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

20 until expended, for construction and acquisition of build21 ings and other facilities, and for construction and repair

22 of forest roads and trails by the Forest Service as author23 ized by 16 U.S.C. 532–538 and 23 U.S.C. 101 and 205:

24 Provided, That funds becoming available in fiscal year

25 1996 under the Act of March 4, 1913 (16 U.S.C. 501)

26 shall be transferred to the General Fund of the Treasury
46

HR 1977 RFS

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

2 $50,000,000, to remain available until expended, may be

3 obligated for the construction of forest roads by timber

4 purchasers.

5 LAND ACQUISITION

6 For expenses necessary to carry out the provisions

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

8 as amended (16 U.S.C. 460l–4–11), including administra9 tive expenses, and for acquisition of land or waters, or in10 terest therein, in accordance with statutory authority ap11 plicable to the Forest Service, $14,600,000, to be derived

12 from the Land and Water Conservation Fund, to remain

13 available until expended.

14 ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL

15 ACTS

16 For acquisition of lands within the exterior bound17 aries of the Cache, Uinta, and Wasatch National Forests,

18 Utah; the Toiyabe National Forest, Nevada; and the An19 geles, San Bernardino, Sequoia, and Cleveland National

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

21 be derived from forest receipts.

22 ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES

23 For acquisition of lands, to be derived from funds de24 posited by State, county, or municipal governments, public

25 school districts, or other public school authorities pursuant
47

HR 1977 RFS

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

2 484a), to remain available until expended.

3 RANGE BETTERMENT FUND

4 For necessary expenses of range rehabilitation, pro5 tection, and improvement, 50 per centum of all moneys

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

7 domestic livestock on lands in National Forests in the six8 teen Western States, pursuant to section 401(b)(1) of

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

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

11 available for administrative expenses associated with on12 the-ground range rehabilitation, protection, and improve13 ments.

14 GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND

15 RANGELAND RESEARCH

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

17 $92,000, to remain available until expended, to be derived

18 from the fund established pursuant to the above Act.

19 ADMINISTRATIVE PROVISIONS, FOREST SERVICE

20 Appropriations to the Forest Service for the current

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

22 exceed 183 passenger motor vehicles of which 32 will be

23 used primarily for law enforcement purposes and of which

24 151 shall be for replacement; acquisition of 22 passenger

25 motor vehicles from excess sources, and hire of such vehi-
48

HR 1977 RFS

1 cles; operation and maintenance of aircraft, the purchase

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

3 of 20 aircraft from excess sources; notwithstanding other

4 provisions of law, existing aircraft being replaced may be

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

6 the purchase price for the replacement aircraft; (b) serv7 ices pursuant to the second sentence of section 706(a) of

8 the Organic Act of 1944 (7 U.S.C. 2225), and not to ex9 ceed $100,000 for employment under 5 U.S.C. 3109; (c)

10 purchase, erection, and alteration of buildings and other

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

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

13 of August 3, 1956 (7 U.S.C. 428a); (e) for expenses pur14 suant to the Volunteers in the National Forest Act of

15 1972 (16 U.S.C. 558a, 558d, 558a note); and (f) for debt

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

17 None of the funds made available under this Act shall

18 be obligated or expended to change the boundaries of any

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

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

21 Forest System administration of the Forest Service, De22 partment of Agriculture, without the consent of the House

23 and Senate Committees on Appropriations and the Com24 mittee on Agriculture, Nutrition, and Forestry in the
49

HR 1977 RFS

1 United States Senate and the Committee on Agriculture

2 in the United States House of Representatives.

3 Any appropriations or funds available to the Forest

4 Service may be advanced to the Fire and Emergency Sup5 pression appropriation and may be used for forest fire6 fighting and the emergency rehabilitation of burned-over

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

8 be made available under this authority until funds appro9 priated to the ‘‘Emergency Forest Service Firefighting

10 Fund’’ shall have been exhausted.

11 Funds appropriated to the Forest Service shall be

12 available for assistance to or through the Agency for Inter13 national Development and the Foreign Agricultural Serv14 ice in connection with forest and rangeland research, tech15 nical information, and assistance in foreign countries, and

16 shall be available to support forestry and related natural

17 resource activities outside the United States and its terri18 tories and possessions, including technical assistance, edu19 cation and training, and cooperation with United States

20 and international organizations.

21 None of the funds made available to the Forest Serv22 ice under this Act shall be subject to transfer under the

23 provisions of section 702(b) of the Department of Agri24 culture Organic Act of 1944 (7 U.S.C. 2257) or 7 U.S.C.

25 147b unless the proposed transfer is approved in advance
50

HR 1977 RFS

1 by the House and Senate Committees on Appropriations

2 in compliance with the reprogramming procedures con3 tained in House Report 103–551.

4 No funds appropriated to the Forest Service shall be

5 transferred to the Working Capital Fund of the Depart6 ment of Agriculture without the approval of the Chief of

7 the Forest Service.

8 Notwithstanding any other provision of law, any ap9 propriations or funds available to the Forest Service may

10 be used to disseminate program information to private and

11 public individuals and organizations through the use of

12 nonmonetary items of nominal value and to provide

13 nonmonetary awards of nominal value and to incur nec14 essary expenses for the nonmonetary recognition of private

15 individuals and organizations that make contributions to

16 Forest Service programs.

17 Notwithstanding any other provision of law, money

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

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

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

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

22 permit applications and for costs incurred in monitoring

23 the construction, operation, maintenance, and termination

24 of any pipeline and related facilities, may be used to reim-
51

HR 1977 RFS

1 burse the applicable appropriation to which such costs

2 were originally charged.

3 Funds available to the Forest Service shall be avail4 able to conduct a program of not less than $1,000,000

5 for high priority projects within the scope of the approved

6 budget which shall be carried out by the Youth Conserva7 tion Corps as authorized by the Act of August 13, 1970,

8 as amended by Public Law 93–408.

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

10 for timber sale preparation using clearcutting in hardwood

11 stands in excess of 25 percent of the fiscal year 1989 har12 vested volume in the Wayne National Forest, Ohio: Pro13 vided, That this limitation shall not apply to hardwood

14 stands damaged by natural disaster: Provided further,

15 That landscape architects shall be used to maintain a vis16 ually pleasing forest.

17 Any money collected from the States for fire suppres18 sion assistance rendered by the Forest Service on non19 Federal lands not in the vicinity of National Forest Sys20 tem lands shall be used to reimburse the applicable appro21 priation and shall remain available until expended as the

22 Secretary may direct in conducting activities authorized

23 by 16 U.S.C. 2101 (note), 2101–2110, 1606, and 2111.
52

HR 1977 RFS

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

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

3 reception and representation expenses.

4 Notwithstanding any other provision of law, the For5 est Service is authorized to employ or otherwise contract

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

7 Service, to perform work occasioned by emergencies such

8 as fires, storms, floods, earthquakes or any other unavoid9 able cause without regard to Sundays, Federal holidays,

10 and the regular workweek.

11 To the greatest extent possible, and in accordance

12 with the Final Amendment to the Shawnee National For13 est Plan, none of the funds available in this Act shall be

14 used for preparation of timber sales using clearcutting or

15 other forms of even aged management in hardwood stands

16 in the Shawnee National Forest, Illinois.

17 Funds appropriated to the Forest Service shall be

18 available for interactions with and providing technical as19 sistance to rural communities for sustainable rural devel20 opment purposes.

21 Not withstanding any other provision of law, eighty

22 percent of the funds appropriated to the Forest Service

23 in the National Forest System and Construction accounts

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

25 in the Woods’’ program for projects on National Forest
53

HR 1977 RFS

1 land in the State of Washington may be granted directly

2 to the Washington State Department of Fish and Wildlife

3 for accomplishment of planned projects. Twenty percent

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

5 planning and administering projects. Project selection and

6 prioritization shall be accomplished by the Forest Service

7 with such consultation with the State of Washington as

8 the Forest Service deems appropriate.

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

10 for any activity that directly or indirectly causes harm to

11 songbirds within the boundaries of the Shawnee National

12 Forest.

13 DEPARTMENT OF ENERGY

14 FOSSIL ENERGY RESEARCH AND DEVELOPMENT

15 For necessary expenses in carrying out fossil energy

16 research and development activities, under the authority

17 of the Department of Energy Organization Act (Public

18 Law 95–91), including the acquisition of interest, includ19 ing defeasible and equitable interests in any real property

20 or any facility or for plant or facility acquisition or expan21 sion, $379,524,000, to remain available until expended:

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

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

24 the recovery of oil and gas.
54

HR 1977 RFS

1 ALTERNATIVE FUELS PRODUCTION

2 (INCLUDING TRANSFER OF FUNDS)

3 Monies received as investment income on the prin4 cipal amount in the Great Plains Project Trust at the

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

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

7 account and immediately transferred to the General Fund

8 of the Treasury. Monies received as revenue sharing from

9 the operation of the Great Plains Gasification Plant shall

10 be immediately transferred to the General Fund of the

11 Treasury.

12 NAVAL PETROLEUM AND OIL SHALE RESERVES

13 For necessary expenses in carrying out naval petro14 leum and oil shale reserve activities, $151,028,000, to re15 main available until expended: Provided, That the require16 ments of 10 U.S.C. 7430(b)(2)(B) shall not apply to fiscal

17 year 1996.

18 ENERGY CONSERVATION

19 For necessary expenses in carrying out energy con20 servation activities, $556,371,000, to remain available

21 until expended, including, notwithstanding any other pro22 vision of law, the excess amount for fiscal year 1996 deter23 mined under the provisions of section 3003(d) of Public

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

25 shall be derived from available unobligated balances in the
55

HR 1977 RFS

1 Biomass Energy Development account: Provided, That

2 $148,946,000 shall be for use in energy conservation pro3 grams as defined in section 3008(3) of Public Law 99–

4 509 (15 U.S.C. 4507) and shall not be available until ex5 cess amounts are determined under the provisions of sec6 tion 3003(d) of Public Law 99–509 (15 U.S.C. 4502):

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

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

9 eligible programs as follows: $110,946,000 for the weath10 erization assistance program and $26,500,000 for the

11 State energy conservation program.

12 ECONOMIC REGULATION

13 For necessary expenses in carrying out the activities

14 of the Economic Regulatory Administration and the Office

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

16 until expended.

17 STRATEGIC PETROLEUM RESERVE

18 (INCLUDING TRANSFER OF FUNDS)

19 For necessary expenses for Strategic Petroleum Re20 serve facility development and operations and program

21 management activities pursuant to the Energy Policy and

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

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

24 of which $187,000,000 shall be derived by transfer of un25 obligated balances from the ‘‘SPR petroleum account’’ and
56

HR 1977 RFS

1 $100,000,000 shall be derived by transfer from the ‘‘SPR

2 Decommissioning Fund’’: Provided, That notwithstanding

3 section 161 of the Energy Policy and Conservation Act,

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

5 barrels of oil from the Strategic Petroleum Reserve: Pro6 vided further, That the proceeds from the sale shall be de7 posited into a special account in the Treasury, to be estab8 lished and known as the ‘‘SPR Decommissioning Fund’’,

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

10 from and decommissioning of the Weeks Island site and

11 for other purposes related to the operations of the Strate12 gic Petroleum Reserve.

13 SPR PETROLEUM ACCOUNT

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

15 States share of crude oil in Naval Petroleum Reserve

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

17 of to other than the Strategic Petroleum Reserve: Pro18 vided, That outlays in fiscal year 1996 resulting from the

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

20 ENERGY INFORMATION ADMINISTRATION

21 For necessary expenses in carrying out the activities

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

23 to remain available until expended: Provided, That not24 withstanding Section 4(d) of the Service Contract Act of

25 1965 (41 U.S.C. 353(d)) or any other provision of law,
57

HR 1977 RFS

1 funds appropriated under this heading hereafter may be

2 used to enter into a contract for end use consumption sur3 veys for a term not to exceed eight years: Provided further,

4 That notwithstanding any other provision of law, hereafter

5 the Manufacturing Energy Consumption Survey shall be

6 conducted on a triennial basis.

7 ADMINISTRATIVE PROVISIONS, DEPARTMENT OF ENERGY

8 Appropriations under this Act for the current fiscal

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

10 hire, maintenance, and operation of aircraft; purchase, re11 pair, and cleaning of uniforms; and reimbursement to the

12 General Services Administration for security guard serv13 ices.

14 From appropriations under this Act, transfers of

15 sums may be made to other agencies of the Government

16 for the performance of work for which the appropriation

17 is made.

18 None of the funds made available to the Department

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

20 finance authorized price support or loan guarantee pro21 grams unless specific provision is made for such programs

22 in an appropriations Act.

23 The Secretary is authorized to accept lands, build24 ings, equipment, and other contributions from public and

25 private sources and to prosecute projects in cooperation
58

HR 1977 RFS

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

2 Provided, That revenues and other moneys received by or

3 for the account of the Department of Energy or otherwise

4 generated by sale of products in connection with projects

5 of the Department appropriated under this Act may be

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

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

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

9 in appropriate cost-sharing contracts or agreements: Pro10 vided further, That the remainder of revenues after the

11 making of such payments shall be covered into the Treas12 ury as miscellaneous receipts: Provided further, That any

13 contract, agreement, or provision thereof entered into by

14 the Secretary pursuant to this authority shall not be exe15 cuted prior to the expiration of 30 calendar days (not in16 cluding any day in which either House of Congress is not

17 in session because of adjournment of more than three cal18 endar days to a day certain) from the receipt by the

19 Speaker of the House of Representatives and the Presi20 dent of the Senate of a full comprehensive report on such

21 project, including the facts and circumstances relied upon

22 in support of the proposed project.

23 No funds provided in this Act may be expended by

24 the Department of Energy to prepare, issue, or process
59

HR 1977 RFS

1 procurement documents for programs or projects for

2 which appropriations have not been made.

3 DEPARTMENT OF HEALTH AND HUMAN

4 SERVICES

5 INDIAN HEALTH SERVICE

6 INDIAN HEALTH SERVICES

7 For expenses necessary to carry out the Act of Au8 gust 5, 1954 (68 Stat. 674), the Indian Self-Determina9 tion Act, the Indian Health Care Improvement Act, and

10 titles II and III of the Public Health Service Act with re11 spect to the Indian Health Service, $1,725,792,000 to12 gether with payments received during the fiscal year pur13 suant to 42 U.S.C. 300aaa–2 for services furnished by the

14 Indian Health Service: Provided, That funds made avail15 able to tribes and tribal organizations through contracts,

16 grant agreements, or any other agreements or compacts

17 authorized by the Indian Self-Determination and Edu18 cation Assistance Act of 1975 (88 Stat. 2203; 25 U.S.C.

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

20 grant or contract award and thereafter shall remain avail21 able to the tribe or tribal organization without fiscal year

22 limitation: Provided further, That $12,000,000 shall re23 main available until expended, for the Indian Catastrophic

24 Health Emergency Fund: Provided further, That

25 $351,258,000 for contract medical care shall remain avail-
60

HR 1977 RFS

1 able for obligation until September 30, 1997: Provided fur2 ther, That of the funds provided, not less than

3 $11,306,000 shall be used to carry out the loan repayment

4 program under section 108 of the Indian Health Care Im5 provement Act, as amended: Provided further, That funds

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

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

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

9 which the funds are appropriated: Provided further, That

10 the amounts collected by the Secretary of Health and

11 Human Services under the authority of title IV of the In12 dian Health Care Improvement Act shall be available for

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

14 collected, for the purpose of achieving compliance with the

15 applicable conditions and requirements of titles XVIII and

16 XIX of the Social Security Act (exclusive of planning, de17 sign, or construction of new facilities): Provided further,

18 That of the funds provided, $7,500,000 shall remain avail19 able until expended, for the Indian Self-Determination

20 Fund, which shall be available for the transitional costs

21 of initial or expanded tribal contracts, grants or coopera22 tive agreements with the Indian Health Service under the

23 provisions of the Indian Self-Determination Act: Provided

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

25 appropriations Acts for scholarship programs under the
61

HR 1977 RFS

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

2 shall remain available for obligation until September 30,

3 1997: Provided further, That amounts received by tribes

4 and tribal organizations under title IV of the Indian

5 Health Care Improvement Act, as amended, shall be re6 ported and accounted for and available to the receiving

7 tribes and tribal organizations until expended.

8 INDIAN HEALTH FACILITIES

9 For construction, repair, maintenance, improvement,

10 and equipment of health and related auxiliary facilities,

11 including quarters for personnel; preparation of plans,

12 specifications, and drawings; acquisition of sites, purchase

13 and erection of modular buildings, and purchases of trail14 ers; and for provision of domestic and community sanita15 tion facilities for Indians, as authorized by section 7 of

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

17 Self-Determination Act and the Indian Health Care Im18 provement Act, and for expenses necessary to carry out

19 the Act of August 5, 1954 (68 Stat. 674), the Indian Self20 Determination Act, the Indian Health Care Improvement

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

22 with respect to environmental health and facilities support

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

24 remain available until expended: Provided, That notwith25 standing any other provision of law, funds appropriated
62

HR 1977 RFS

1 for the planning, design, construction or renovation of

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

3 may be used to purchase land for sites to construct, im4 prove, or enlarge 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
63

HR 1977 RFS

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
64

HR 1977 RFS

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.
65

HR 1977 RFS

1 DEPARTMENT OF EDUCATION

2 OFFICE OF ELEMENTARY AND SECONDARY EDUCATION

3 INDIAN EDUCATION

4 For necessary expenses to carry out, to the extent

5 not otherwise provided, title IX, part A, subpart 1 of the

6 Elementary and Secondary Education Act of 1965, as

7 amended, and section 215 of the Department of Education

8 Organization Act, $52,500,000.

9 OTHER RELATED AGENCIES

10 OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION

11 SALARIES AND EXPENSES

12 For necessary expenses of the Office of Navajo and

13 Hopi Indian Relocation as authorized by Public Law 93–

14 531, $21,345,000, to remain available until expended:

15 Provided, That funds provided in this or any other appro16 priations Act are to be used to relocate eligible individuals

17 and groups including evictees from District 6, Hopi-parti18 tioned lands residents, those in significantly substandard

19 housing, and all others certified as eligible and not in20 cluded in the preceding categories: Provided further, That

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

22 be used by the Office of Navajo and Hopi Indian Reloca23 tion to evict any single Navajo or Navajo family who, as

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

25 lands partitioned to the Hopi Tribe unless a new or re-
66

HR 1977 RFS

1 placement home is provided for such household: Provided

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

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

4 Office shall relocate any certified eligible relocatees who

5 have selected and received an approved homesite on the

6 Navajo reservation or selected a replacement residence off

7 the Navajo reservation or on the land acquired pursuant

8 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
67

HR 1977 RFS

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

2 buildings, facilities, and approaches; not to exceed

3 $100,000 for services as authorized by 5 U.S.C. 3109; up

4 to 5 replacement passenger vehicles; purchase, rental, re5 pair, and cleaning of uniforms for employees;

6 $309,471,000, of which not to exceed $32,000,000 for the

7 instrumentation program, collections acquisition, Museum

8 Support Center equipment and move, exhibition

9 reinstallation, the National Museum of the American In10 dian, the repatriation of skeletal remains program, re11 search equipment, information management, and Latino

12 programming shall remain available until expended and,

13 including such funds as may be necessary to support

14 American overseas research centers and a total of

15 $125,000 for the Council of American Overseas Research

16 Centers: Provided, That funds appropriated herein are

17 available for advance payments to independent contractors

18 performing research services or participating in official

19 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,

25 $3,000,000, to remain available until expended.
68

HR 1977 RFS

1 REPAIR AND RESTORATION OF BUILDINGS

2 For necessary expenses of repair and restoration of

3 buildings owned or occupied by the Smithsonian Institu4 tion, by contract or otherwise, as authorized by section

5 2 of the Act of August 22, 1949 (63 Stat. 623), including

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

7 U.S.C. 3109, $24,954,000, to remain available until ex8 pended: Provided, That contracts awarded for environ9 mental systems, protection systems, and exterior repair or

10 restoration of buildings of the Smithsonian Institution

11 may be negotiated with selected contractors and awarded

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

13 CONSTRUCTION

14 For necessary expenses for construction,

15 $12,950,000, to remain available until expended: Pro16 vided, That notwithstanding any other provision of law,

17 a single procurement for the construction of the National

18 Museum of the American Indian Cultural Resources Cen19 ter may be issued which includes the full scope of the

20 project: Provided further, That the solicitation and the

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

22 found at 48 CFR 52.232.18.
69

HR 1977 RFS

1 NATIONAL GALLERY OF ART

2 SALARIES AND EXPENSES

3 For the upkeep and operations of the National Gal4 lery of Art, the protection and care of the works of art

5 therein, and administrative expenses incident thereto, as

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

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

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

9 services as authorized by 5 U.S.C. 3109; payment in ad10 vance when authorized by the treasurer of the Gallery for

11 membership in library, museum, and art associations or

12 societies whose publications or services are available to

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

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

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

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

17 purchase or rental of devices and services for protecting

18 buildings and contents thereof, and maintenance, alter19 ation, improvement, and repair of buildings, approaches,

20 and grounds; and purchase of services for restoration and

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

22 contracts made, without advertising, with individuals,

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

24 such terms and conditions as the Gallery may deem prop25 er, $51,315,000, of which not to exceed $3,026,000 for
70

HR 1977 RFS

1 the special exhibition program shall remain available until

2 expended.

3 REPAIR, RESTORATION AND RENOVATION OF BUILDINGS

4 For necessary expenses of repair, restoration and

5 renovation of buildings, grounds and facilities owned or

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

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

8 until expended: Provided, That contracts awarded for envi9 ronmental systems, protection systems, and exterior repair

10 or renovation of buildings of the National Gallery of Art

11 may be negotiated with selected contractors and awarded

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

13 JOHN F. KENNEDY CENTER FOR THE PERFORMING

14 ARTS

15 OPERATIONS AND MAINTENANCE

16 For necessary expenses for the operation, mainte17 nance and security of the John F. Kennedy Center for

18 the Performing Arts, $9,800,000.

19 CONSTRUCTION

20 For necessary expenses of capital repair and rehabili21 tation of the existing features of the building and site of

22 the John F. Kennedy Center for the Performing Arts,

23 $8,983,000, to remain available until expended.
71

HR 1977 RFS

1 WOODROW WILSON INTERNATIONAL CENTER FOR

2 SCHOLARS

3 SALARIES AND EXPENSES

4 For expenses necessary in carrying out the provisions

5 of the Woodrow Wilson Memorial Act of 1968 (82 Stat.

6 1356) including hire of passenger vehicles and services as

7 authorized by 5 U.S.C. 3109, $5,140,100.

8 NATIONAL FOUNDATION ON THE ARTS AND THE

9 HUMANITIES

10 NATIONAL ENDOWMENT FOR THE ARTS

11 GRANTS AND ADMINISTRATION

12 For necessary expenses to carry out the National

13 Foundation on the Arts and Humanities Act of 1965, as

14 amended, $82,259,000, subject to passage by the House

15 of Representatives of a bill authorizing such appropria16 tion, shall be available to the National Endowment for the

17 Arts for the support of projects and productions in the

18 arts through assistance to groups and individuals pursu19 ant to section 5(c) of the Act, and for administering the

20 functions of the Act, to remain available until September

21 30, 1997.

22 MATCHING GRANTS

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

24 National Foundation on the Arts and the Humanities Act

25 of 1965, as amended, $17,235,000, subject to passage by

26 the House of Representatives of a bill authorizing such
72

HR 1977 RFS

1 appropriation, to remain available until September 30,

2 1997, to the National Endowment for the Arts, of which

3 $7,500,000 shall be available for purposes of section

4 5(p)(1): Provided, That this appropriation shall be avail5 able for obligation only in such amounts as may be equal

6 to the total amounts of gifts, bequests, and devises of

7 money, and other property accepted by the Chairman or

8 by grantees of the Endowment under the provisions of sec9 tion 10(a)(2), subsections 11(a)(2)(A) and 11(a)(3)(A)

10 during the current and preceding fiscal years for which

11 equal amounts have not previously been appropriated.

12 NATIONAL ENDOWMENT FOR THE HUMANITIES

13 GRANTS AND ADMINISTRATION

14 For necessary expenses to carry out the National

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

16 as amended, $82,469,000 shall be available to the Na17 tional Endowment for the Humanities for support of ac18 tivities in the humanities, pursuant to section 7(c) of the

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

20 remain available until September 30, 1997.

21 MATCHING GRANTS

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

23 National Foundation on the Arts and the Humanities Act

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

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

26 available to the National Endowment for the Humanities
73

HR 1977 RFS

1 for the purposes of section 7(h): Provided, That this ap2 propriation shall be available for obligation only in such

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

4 bequests, and devises of money, and other property accept5 ed by the Chairman or by grantees of the Endowment

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

7 11(a)(3)(B) during the current and preceding fiscal years

8 for which equal amounts have not previously been appro9 priated.

10 INSTITUTE OF MUSEUM SERVICES

11 GRANTS AND ADMINISTRATION

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

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

14 to remain available until September 30, 1997.

15 ADMINISTRATIVE PROVISIONS

16 None of the funds appropriated to the National

17 Foundation on the Arts and the Humanities may be used

18 to process any grant or contract documents which do not

19 include the text of 18 U.S.C. 1913: Provided, That none

20 of the funds appropriated to the National Foundation on

21 the Arts and the Humanities may be used for official re22 ception and representation expenses.
74

HR 1977 RFS

1 COMMISSION OF FINE ARTS

2 SALARIES AND EXPENSES

3 For expenses made necessary by the Act establishing

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

5 NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS

6 For necessary expenses as authorized by Public Law

7 99–190 (99 Stat. 1261; 20 U.S.C. 956(a)), as amended,

8 $6,000,000.

9 ADVISORY COUNCIL ON HISTORIC PRESERVATION

10 SALARIES AND EXPENSES

11 For expenses necessary for the Advisory Council on

12 Historic Preservation, $3,063,000.

13 NATIONAL CAPITAL PLANNING COMMISSION

14 SALARIES AND EXPENSES

15 For necessary expenses, as authorized by the Na16 tional Capital Planning Act of 1952 (40 U.S.C. 71–71i),

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

18 $5,090,000: Provided, That all appointed members will be

19 compensated at a rate not to exceed the rate for Executive

20 Schedule Level IV.

21 FRANKLIN DELANO ROOSEVELT MEMORIAL COMMISSION

22 SALARIES AND EXPENSES

23 For necessary expenses of the Franklin Delano Roo24 sevelt Memorial Commission, established by the Act of Au25 gust 11, 1955 (69 Stat. 694), as amended by Public Law
75

HR 1977 RFS

1 92–332 (86 Stat. 401), $48,000, to remain available until

2 September 30, 1997.

3 PENNSYLVANIA AVENUE DEVELOPMENT CORPORATION

4 SALARIES AND EXPENSES

5 For necessary expenses for the orderly closure of the

6 Pennsylvania Avenue Development Corporation,

7 $2,000,000.

8 UNITED STATES HOLOCAUST MEMORIAL COUNCIL

9 HOLOCAUST MEMORIAL COUNCIL

10 For expenses of the Holocaust Memorial Council, as

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

12 $28,707,000; of which $1,575,000 for the Museum’s re13 pair and rehabilitation program and $1,264,000 for the

14 Museum’s exhibition program shall remain available until

15 expended.

16 TITLE III—GENERAL PROVISIONS

17 SEC. 301. The expenditure of any appropriation

18 under this Act for any consulting service through procure19 ment contract, pursuant to 5 U.S.C. 3109, shall be limited

20 to those contracts where such expenditures are a matter

21 of public record and available for public inspection, except

22 where otherwise provided under existing law, or under ex23 isting Executive order issued pursuant to existing law.

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

25 Act shall be available to the Secretary of the Interior or
76

HR 1977 RFS

1 the Secretary of Agriculture for the leasing of oil and nat2 ural gas by noncompetitive bidding on publicly owned

3 lands within the boundaries of the Shawnee National For4 est, Illinois: Provided, That nothing herein is intended to

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

6 to minerals owned by private individuals.

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

8 this Act shall be available for any activity or the publica9 tion or distribution of literature that in any way tends to

10 promote public support or opposition to any legislative

11 proposal on which congressional action is not complete.

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

13 this Act shall remain available for obligation beyond the

14 current fiscal year unless expressly so provided herein.

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

16 any department or agency shall be obligated or expended

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

18 servants to any officer or employee of such department

19 or agency except as otherwise provided by law.

20 SEC. 306. No assessments may be levied against any

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

22 this Act unless notice of such assessments and the basis

23 therefor are presented to the Committees on Appropria24 tions and are approved by such Committees.
77

HR 1977 RFS

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

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

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

4 expending the funds the entity will comply with sections

5 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a–

6 10c; popularly known as the ‘‘Buy American Act’’).

7 (b) SENSE OF CONGRESS; REQUIREMENT REGARD8 ING NOTICE.—

9 (1) PURCHASE OF AMERICAN-MADE EQUIPMENT

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

11 product that may be authorized to be purchased

12 with financial assistance provided using funds made

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

14 that entities receiving the assistance should, in ex15 pending the assistance, purchase only American16 made equipment and products.

17 (2) NOTICE TO RECIPIENTS OF ASSISTANCE.—

18 In providing financial assistance using funds made

19 available in this Act, the head of each Federal agen20 cy shall provide to each recipient of the assistance

21 a notice describing the statement made in paragraph

22 (1) by the Congress.

23 (c) PROHIBITION OF CONTRACTS WITH PERSONS

24 FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—

25 If it has been finally determined by a court or Federal
78

HR 1977 RFS

1 agency that any person intentionally affixed a label bear2 ing a ‘‘Made in America’’ inscription, or any inscription

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

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

5 States, the person shall be ineligible to receive any con6 tract or subcontract made with funds made available in

7 this Act, pursuant to the debarment, suspension, and ineli8 gibility procedures described in sections 9.400 through

9 9.409 of title 48, Code of Federal Regulations.

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

11 to plan, prepare, or offer for sale timber from trees classi12 fied as giant sequoia (sequoiadendron giganteum) which

13 are located on National Forest System or Bureau of Land

14 Management lands in a manner different than such sales

15 were conducted in fiscal year 1995.

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

17 Act may be obligated or expended by the National Park

18 Service to enter into or implement a concession contract

19 which permits or requires the removal of the underground

20 lunchroom at the Carlsbad Caverns National Park.

21 SEC. 310. Where the actual costs of construction

22 projects under self-determination contracts, compacts, or

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

24 100–297, are less than the estimated costs thereof, use
79

HR 1977 RFS

1 of the resulting excess funds shall be determined by the

2 appropriate Secretary after consultation with the tribes.

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

4 quarterly payments of funds to tribes and tribal organiza5 tions under annual funding agreements pursuant to sec6 tion 108 of Public Law 93–638, as amended, may be made

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

8 quarter.

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

10 for the Americorps program.

11 SEC. 313. (a) On or before April 1, 1996, the Penn12 sylvania Avenue Development Corporation shall—

13 (1) transfer and assign in accordance with this

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

15 all of the leases, covenants, agreements, and ease16 ments it has executed or will execute by March 31,

17 1996, in carrying out its powers and duties under

18 the Pennsylvania Avenue Development Corporation

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

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

21 General Services Administration, National Capital

22 Planning Commission, or the National Park Service;

23 and

24 (2) except as provided by subsection (d), trans25 fer all rights, title, and interest in and to all prop-
80

HR 1977 RFS

1 erty, both real and personal, held in the name of the

2 Pennsylvania Avenue Development Corporation to

3 the General Services Administration.

4 (b) The responsibilities of the Pennsylvania Avenue

5 Development Corporation transferred to the General Serv6 ices Administration under subsection (a) include, but are

7 not limited to, the following:

8 (1) Collection of revenue owed the Federal Gov9 ernment as a result of real estate sales or lease

10 agreements entered into by the Pennsylvania Avenue

11 Development Corporation and private parties, in12 cluding, at a minimum, with respect to the following

13 projects:

14 (A) The Willard Hotel property on Square

15 225.

16 (B) The Gallery Row project on Square

17 457.

18 (C) The Lansburgh’s project on Square

19 431.

20 (D) The Market Square North project on

21 Square 407.

22 (2) Collection of sale or lease revenue owed the

23 Federal Government (if any) in the event two unde24 veloped sites owned by the Pennsylvania Avenue De-
81

HR 1977 RFS

1 velopment Corporation on Squares 457 and 406 are

2 sold or leased prior to April 1, 1996.

3 (3) Application of collected revenue to repay

4 United States Treasury debt incurred by the Penn5 sylvania Avenue Development Corporation in the

6 course of acquiring real estate.

7 (4) Performing financial audits for projects in

8 which the Pennsylvania Avenue Development Cor9 poration has actual or potential revenue expectation,

10 as identified in paragraphs (1) and (2), in accord11 ance with procedures describe in applicable sale or

12 lease agreements.

13 (5) Disposition of real estate properties which

14 are or become available for sale and lease or other

15 uses.

16 (6) Payment of benefits in accordance with the

17 Uniform Relocation Assistance and Real Property

18 Acquisitions Policies Act of 1970 to which persons

19 in the project area squares are entitled as a result

20 of the Pennsylvania Avenue Development Corpora21 tion’s acquisition of real estate.

22 (7) Carrying out the responsibilities of the

23 Pennsylvania Avenue Development Corporation

24 under the Federal Triangle Development Act (40

25 U.S.C. 1101–1109), including responsibilities for
82

HR 1977 RFS

1 managing assets and liabilities of the Corporation

2 under such Act.

3 (c) In carrying out the responsibilities of the Penn4 sylvania Avenue Development Corporation transferred

5 under this section, the Administrator of the General Serv6 ices Administration shall have the following powers:

7 (1) To acquire lands, improvements, and prop8 erties by purchase, lease or exchange, and to sell,

9 lease, or otherwise dispose of real or personal prop10 erty as necessary to complete the development plan

11 developed under section 5 of the Pennsylvania Ave12 nue Development Corporation Act of 1972 (40

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

14 acquisition or disposal is first transmitted to the

15 Committee on Transportation and Infrastructure

16 and the Committee on Appropriations of the House

17 of Representatives and the Committee on Environ18 ment and Public Works and the Committee on Ap19 propriations of the Senate and at least 60 days

20 elapse after the date of such transmission.

21 (2) To modify from time to time the plan re22 ferred to in paragraph (1) if such modification is

23 first transmitted to the Committee on Transpor24 tation and Infrastructure and the Committee on Ap25 propriations of the House of Representatives and the
83

HR 1977 RFS

1 Committee on Environment and Public Works and

2 the Committee on Appropriations of the Senate and

3 at least 60 days elapse after the date of such trans4 mission.

5 (3) To maintain any existing Pennsylvania Ave6 nue Development Corporation insurance programs.

7 (4) To enter into and perform such leases, con8 tracts, or other transactions with any agency or in9 strumentality of the United States, the several

10 States, or the District of Columbia or with any per11 son, firm, association, or corporation as may be nec12 essary to carry out the responsibilities of the Penn13 sylvania Avenue Development Corporation under the

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

15 1101–1109).

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

17 Columbia to close any alleys necessary for the com18 pletion of development in Square 457.

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

20 Pennsylvania Avenue Development Corporation or

21 income earned on Pennsylvania Avenue Development

22 Corporation property to complete any pending devel23 opment projects.

24 (d)(1)(A) On or before April 1, 1996, the Pennsylva25 nia Avenue Development Corporation shall transfer all its
84

HR 1977 RFS

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

2 in subparagraph (B) to the National Park Service, De3 partment of the Interior.

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

5 the property located within the Pennsylvania Avenue Na6 tional Historic Site depicted on a map entitled ‘‘Penn7 sylvania Avenue National Historic Park’’, dated June 1,

8 1995, and numbered 840–82441, which shall be on file

9 and available for public inspection in the offices of the Na10 tional Park Service, Department of the Interior. The

11 Pennsylvania Avenue National Historic Site includes the

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

13 and memorials.

14 (2) Jurisdiction of Pennsylvania Avenue and all other

15 roadways from curb to curb shall remain with the District

16 of Columbia but vendors shall not be permitted to occupy

17 street space except during temporary special events.

18 (3) The National Park Service shall be responsible

19 for management, administration, maintenance, law en20 forcement, visitor services, resource protection, interpreta21 tion, and historic preservation at the Pennsylvania Avenue

22 National Historic Site.

23 (4) The National Park Service may enter into con24 tracts, cooperative agreements, or other transactions with

25 any agency or instrumentality of the United States, the
85

HR 1977 RFS

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

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

3 necessary or appropriate for the conduct of special events,

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

5 the Pennsylvania Avenue National Historic Site or may

6 establish a nonprofit foundation to solicit funds for such

7 activities.

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

9 responsibility for ensuring that development or redevelop10 ment in the Pennsylvania Avenue area is carried out in

11 accordance with the Pennsylvania Avenue Development

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

13 the National Capital Planning Commission or its succes14 sor commencing April 1, 1996.

15 (f) SAVINGS PROVISIONS.—

16 (1) REGULATIONS.—Any regulations prescribed

17 by the Corporation in connection with the Penn18 sylvania Avenue Development Corporation Act of

19 1972 (40 U.S.C. 871–885) and the Federal Triangle

20 Development Act (40 U.S.C. 1101–1109) shall con21 tinue in effect until suspended by regulations pre22 scribed by the Administrator of the General Services

23 Administration.

24 (2) EXISTING RIGHTS, DUTIES, AND OBLIGA25 TIONS NOT AFFECTED.—Subsection (a) shall not be
86

HR 1977 RFS

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

2 or obligation of the United States or any other per3 son arising under or pursuant to any contract, loan,

4 or other instrument or agreement which was in ef5 fect on the day before the date of the transfers

6 under subsection (a).

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

8 other proceeding commenced by or against the Cor9 poration in connection with administration of the

10 Pennsylvania Avenue Development Corporation Act

11 of 1972 (40 U.S.C. 871–885) and the Federal Tri12 angle Development Act (40 U.S.C. 1101–1109) shall

13 abate by reason of enactment and implementation of

14 this Act, except that the General Services Adminis15 tration shall be substituted for the Corporation as a

16 party to any such action or proceeding.

17 (g) Section 3(b) of the Pennsylvania Avenue Develop18 ment Corporation Act of 1972 (40 U.S.C. 872(b)) is

19 amended as follows:

20 ‘‘(b) The Corporation shall be dissolved on April 1,

21 1996. Upon dissolution, assets, obligations, and indebted22 ness of the Corporation shall be transferred in accordance

23 with the Department of the Interior and Related Agencies

24 Appropriations Act, 1996.’’.
87

HR 1977 RFS

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

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

3 other Act shall be obligated or expended for the operation

4 or implementation of the Interior Columbia River Basin

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

6 (b) From the funds appropriated to the Forest Serv7 ice and the Bureau of Land Management, $600,000 is

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

9 review and public comment, the scientific information col10 lected, and analysis undertaken, by the Project prior to

11 the date of enactment of this Act concerning forest health

12 conditions and forest management needs related to those

13 conditions.

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

15 Service, the Secretary of Agriculture (hereinafter ‘‘Sec16 retary’’) shall—

17 (A) review the land and resource management

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

19 within the area encompassed by the Project and any

20 policy which is applicable to such plan (whether or

21 not such policy is final or draft, or has been added

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

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

24 tasked to address; and
88

HR 1977 RFS

1 (B) determine whether such policy modified to

2 meet the specific conditions of such national forest,

3 or another policy which serves the purpose of such

4 policy, should be adopted for such national forest.

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

6 modified or alternative policy should be adopted for such

7 national forest, the Secretary shall prepare and adopt for

8 the plan for such national forest an amendment which

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

10 only such plan, and which addresses the specific conditions

11 of the national forest and the relationship of such policy

12 to such conditions.

13 (3) To the maximum extent practicable, any amend14 ment prepared pursuant to paragraph (2) shall establish

15 procedures to develop site-specific standards in lieu of im16 posing general standards applicable to multiple sites. Any

17 amendment which would result in any change in land allo18 cations within the plan or reduce the likelihood of achieve19 ment of the goals and objectives of the plan (prior to any

20 previous amendment incorporating in the plan any policy

21 referred to in paragraph (1)(A)) shall be deemed a signifi22 cant plan amendment pursuant to section 6(f)(4) of the

23 Forest and Rangeland Renewable Resources Planning Act

24 of 1974 (16 U.S.C. 1604(f)(4)).
89

HR 1977 RFS

1 (4) Any amendment prepared pursuant to paragraph

2 (2) which adopts a modified or alternative policy to sub3 stitute for a policy referred to in paragraph (1)(A) which

4 has undergone consultation pursuant to section 7 of the

5 Endangered Species Act of 1973 shall not again be subject

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

7 consultation shall be undertaken on any policy referred to

8 in paragraph (1)(A).

9 (5) Any amendment prepared pursuant to paragraph

10 (2) shall be adopted on or before March 31, 1996: Pro11 vided, That any amendment deemed a significant amend12 ment pursuant to paragraph (3) shall be adopted on or

13 before June 30, 1996.

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

15 be effective on or after April 1, 1996.

16 SEC. 315. (a) The Secretary of the Interior (acting

17 through the Bureau of Land Management, the National

18 Park Service and the United States Fish and Wildlife

19 Service) and the Secretary of Agriculture (acting through

20 the Forest Service) shall each implement a fee program

21 to demonstrate the feasibility of user-generated cost recov22 ery for the operation and maintenance of recreation sites

23 and habitat enhancement projects on Federal lands.

24 (b) In carrying out the pilot program established pur25 suant to this section, the appropriate Secretary shall select
90

HR 1977 RFS

1 from areas under the jurisdiction of each of the four agen2 cies referred to in subsection (a) no fewer than 10, but

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

4 For each such demonstration, the Secretary, notwith5 standing any other provision of law—

6 (1) shall charge and collect fees for admission

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

8 facilities, visitor centers, equipment, and services by

9 individuals and groups, or any combination thereof;

10 (2) shall establish fees under this section based

11 upon a variety of cost recovery and fair market valu12 ation methods to provide a broad basis for feasibility

13 testing;

14 (3) may contract with any public or private en15 tity to provide visitor services, including reservations

16 and information, and may accept services of volun17 teers to collect fees charged pursuant to paragraph

18 (1); and

19 (4) may encourage private investment and part20 nerships to enhance the delivery of quality customer

21 services and resource enhancement, and provide ap22 propriate recognition to such partners or investors.

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

24 site in excess of 104 percent of that site’s total collections
91

HR 1977 RFS

1 during the previous fiscal year shall be distributed as fol2 lows:

3 (i) Eighty percent of the amounts collected at

4 the demonstration site shall be deposited in a special

5 account in the Treasury established for the adminis6 trative unit in which the project is located and shall

7 remain available for expenditure in accordance with

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

9 project.

10 (ii) Twenty percent of the amounts collected at

11 the demonstration site shall be deposited in a special

12 account in the Treasury for each agency and shall

13 remain available for expenditure in accordance with

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

15 (2) For purposes of this subsection, ‘‘total collec16 tions’’ for each site shall be defined as gross collections

17 before any reduction for amounts attributable to collection

18 costs.

19 (3) Expenditures from the special funds shall be ac20 counted for separately.

21 (4) In order to increase the quality of the visitor expe22 rience at public recreational areas and enhance the protec23 tion of resources, amounts available for expenditure under

24 paragraph (1) may only be used for the site or project

25 concerned, for backlogged repair and maintenance projects
92

HR 1977 RFS

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

2 interpretation, signage, habitat or facility enhancement,

3 resource preservation, annual operation, maintenance, and

4 law enforcement relating to public use. The agencywide

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

6 the preceding sentence, but for sites or projects selected

7 at the discretion of the respective agency head.

8 (d)(1) Amounts collected under this section shall not

9 be taken into account for the purposes of the Act of May

10 23, 1908 and the Act of March 1, 1911 (16 U.S.C. 500),

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

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

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

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

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

16 of June 15, 1935 (16 U.S.C. 715s), the Land and Water

17 Conservation Fund Act of 1965 (16 U.S.C. 460l), and any

18 other provision of law relating to revenue allocation.

19 (2) Fees charged pursuant to this section shall be in

20 lieu of fees charged under any other provision of law.

21 (e) The Secretary of the Interior and the Secretary

22 of Agriculture shall carry out this section without promul23 gating regulations.

24 (f) The authority to collect fees under this section

25 shall commence on October 1, 1995, and end on Septem-
93

HR 1977 RFS

1 ber 30, 1996. Funds in accounts established shall remain

2 available through September 30, 1997.

3 SEC. 316. The Forest Service and Bureau of Land

4 Management may offer for sale salvageable timber in the

5 Pacific Northwest in fiscal year 1996: Provided, That for

6 public lands known to contain the Northern spotted owl,

7 such salvage sales may be offered as long as the offering

8 of such sale will not render the area unsuitable as habitat

9 for the Northern spotted owl: Provided further, That tim10 ber salvage activity in spotted owl habitat is to be done

11 in full compliance with all existing environmental and for12 est management laws.

13 SEC. 317. None of the funds made available in this

14 Act may be used for any program, project, or activity

15 when it is made known to the Federal entity or official

16 to which the funds are made available that the program,

17 project, or activity is not in compliance with any applicable

18 Federal law relating to risk assessment, the protection of

19 private property rights, or unfunded mandates.

20 SEC. 318. None of the funds provided in this Act may

21 be made available for the Mississippi River Corridor Herit22 age Commission.

23 SEC. 319. (a) LIMITATION ON USE OF FUNDS.—

24 None of the funds made available in this Act may be used

25 by the Department of Energy in implementing the Codes
94

HR 1977 RFS

1 and Standards Program to plan, propose, issue, or pre2 scribe any new or amended standard.

3 (b) CORRESPONDING REDUCTION IN FUNDS.—The

4 aggregate amount otherwise provided in this Act for ‘‘DE5 PARTMENT OF ENERGY—Energy Conservation’’ is

6 hereby reduced by $12,799,000.

7 SEC. 320. None of the funds made available in this

8 Act may be used by the Department of Energy in imple9 menting the Codes and Standards Program to plan, pro10 pose, issue, or prescribe any new or amended standard—

11 (1) when it is made known to the Federal offi12 cial having authority to obligate or expend such

13 funds that the Attorney General, in accordance with

14 section 325(o)(2)(B) of the Energy Policy and Con15 servation Act (42 U.S.C. 6295(o)(2)(B)), determined

16 that the standard is likely to cause significant anti17 competitive effects;

18 (2) that the Secretary of Energy, in accordance

19 with such section 325(o)(2)(B), has determined that

20 the benefits of the standard do not exceed its bur21 dens; or

22 (3) that is for flourescent lamps ballasts.

23 SEC. 321. None of the funds made available in this

24 Act may be used (1) to demolish the bridge between Jersey

25 City, New Jersey, and Ellis Island; or (2) to prevent pe-
95

HR 1977 RFS

1 destrian use of such bridge, when it is made known to

2 the Federal official having authority to obligate or expend

3 such funds that such pedestrian use is consistent with gen4 erally accepted safety standards.

5 SEC. 322. No funds appropriated or otherwise made

6 available pursuant to this Act in fiscal year 1996 shall

7 be obligated or expended to accept or process applications

8 for a patent for any mining or mill site claim located under

9 the general mining laws or to issue a patent for any such

10 claim.

11 SEC. 323. None of the funds appropriated or other12 wise made available by this Act may be used for the pur13 poses of acquiring lands in the counties of Lawrence, Mon14 roe, or Washington, Ohio, for the Wayne National Forest.

15 This Act may be cited as the ‘‘Department of the In16 terior and Related Agencies Appropriations Act, 1996’’.

Passed the House of Representatives July 18, 1995.

Attest: ROBIN H. CARLE,

Clerk.

HR 1977 RFS——2

HR 1977 RFS——3

HR 1977 RFS——4

HR 1977 RFS——5

HR 1977 RFS——6

HR 1977 RFS——7

HR 1977 RFS——8