IB

Union Calendar No. 313

104TH CONGRESS

2D SESSION H. R. 3662

[Report No. 104–625]

Making appropriations for the Department of the Interior and related agencies

for the fiscal year ending September 30, 1997, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JUNE 18, 1996

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

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

State of the Union and ordered to be printed

A BILL

Making appropriations for the Department of the Interior

and related agencies for the fiscal year ending September

30, 1997, and for other purposes.

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

3 That the following sums are appropriated, out of any

4 money in the Treasury not otherwise appropriated, for the

5 Department of the Interior and related agencies for the

6 fiscal year ending September 30, 1997, and for other pur7 poses, namely:
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1 TITLE I—DEPARTMENT OF THE INTERIOR

2 BUREAU OF LAND MANAGEMENT

3 MANAGEMENT OF LANDS AND RESOURCES

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

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

10 of the Bureau of Land Management, including the general

11 administration of the Bureau, and assessment of mineral

12 potential of public lands pursuant to Public Law 96–487

13 (16 U.S.C. 3150(a)), $566,514,000, to remain available

14 until expended, of which $2,000,000 shall be available for

15 assessment of the mineral potential of public lands in

16 Alaska pursuant to section 1010 of Public Law 96–487

17 (16 U.S.C. 3150); and of which $3,000,000 shall be de18 rived from the special receipt account established by the

19 Land and Water Conservation Act of 1965, as amended

20 (16 U.S.C. 460l–6a(i)); and of which $1,000,000 shall be

21 available in fiscal year 1997 subject to a match by at least

22 an equal amount by the National Fish and Wildlife Foun23 dation, to such Foundation for challenge cost share

24 projects supporting fish and wildlife conservation affecting

25 Bureau lands; in addition, $27,300,000 for Mining Law
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1 Administration program operations, to remain available

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

3 Bureau and credited to this appropriation from annual

4 mining claim fees so as to result in a final appropriation

5 estimated at not more than $566,514,000; and in addi6 tion, not to exceed $5,000,000, to remain available until

7 expended, from annual mining claim fees; which shall be

8 credited to this account for the costs of administering the

9 mining claim fee program, and $2,000,000 from commu10 nication site rental fees established by the Bureau for the

11 cost of administering communication site activities: Pro12 vided, That appropriations herein made shall not be avail13 able for the destruction of healthy, unadopted, wild horses

14 and burros in the care of the Bureau or its contractors:

15 Provided further, That in fiscal year 1997 and thereafter,

16 all fees, excluding mining claim fees, in excess of the fiscal

17 year 1996 collections established by the Secretary of the

18 Interior under the authority of 43 U.S.C. 1734 for proc19 essing, recording, or documenting authorizations to use

20 public lands or public land natural resources (including

21 cultural, historical, and mineral) and for providing specific

22 services to public land users, and which are not presently

23 being covered into any Bureau of Land Management ap24 propriation accounts, and not otherwise dedicated by law

25 for a specific distribution, shall be made immediately
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1 available for program operations in this account and re2 main available until expended.

3 WILDLAND FIRE MANAGEMENT

4 For necessary expenses for fire use and management,

5 fire preparedness, suppression operations, and emergency

6 rehabilitation by the Department of the Interior,

7 $247,924,000, to remain available until expended, of

8 which not to exceed $5,025,000 shall be for the renovation

9 or construction of fire facilities: Provided, That such funds

10 are also available for repayment of advances to other ap11 propriation accounts from which funds were previously

12 transferred for such purposes: Provided further, That per13 sons hired pursuant to 43 U.S.C. 1469 may be furnished

14 subsistence and lodging without costs from funds available

15 from this appropriation: Provided further, That unobli16 gated balances of amounts previously appropriated to the

17 ‘‘Fire Protection’’ and ‘‘Emergency Department of the In18 terior Firefighting Fund’’ may be transferred to this ap19 propriation.

20 CENTRAL HAZARDOUS MATERIALS FUND

21 For necessary expenses of the Department of the In22 terior and any of its component offices and bureaus for

23 the remedial action, including associated activities, of haz24 ardous waste substances, pollutants, or contaminants pur25 suant to the Comprehensive Environmental Response,
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1 Compensation and Liability Act, as amended (42 U.S.C.

2 9601 et seq.), $12,000,000, to remain available until ex3 pended: Provided, That notwithstanding 31 U.S.C. 3302,

4 sums recovered from or paid by a party in advance of or

5 as reimbursement for remedial action or response activi6 ties conducted by the Department pursuant to sections

7 107 or 113(f) of such Act, shall be credited to this account

8 to be available until expended without further appropria9 tion: Provided further, That such sums recovered from or

10 paid by any party are not limited to monetary payments

11 and may include stocks, bonds or other personal or real

12 property, which may be retained, liquidated, or otherwise

13 disposed of by the Secretary and which shall be credited

14 to this account.

15 CONSTRUCTION

16 For construction of buildings, recreation facilities,

17 roads, trails, and appurtenant facilities, $3,103,000, to re18 main available until expended.

19 PAYMENTS IN LIEU OF TAXES

20 For expenses necessary to implement the Act of Octo21 ber 20, 1976, as amended (31 U.S.C. 6901–07),

22 $113,500,000, of which not to exceed $400,000 shall be

23 available for administrative expenses.
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1 LAND ACQUISITION

2 For expenses necessary to carry out sections 205,

3 206, and 318(d) of Public Law 94–579 including adminis4 trative expenses and acquisition of lands or waters, or in5 terests therein, $10,000,000, to be derived from the Land

6 and Water Conservation Fund, to remain available until

7 expended.

8 OREGON AND CALIFORNIA GRANT LANDS

9 For expenses necessary for management, protection,

10 and development of resources and for construction, oper11 ation, and maintenance of access roads, reforestation, and

12 other improvements on the revested Oregon and California

13 Railroad grant lands, on other Federal lands in the Or14 egon and California land-grant counties of Oregon, and

15 on adjacent rights-of-way; and acquisition of lands or in16 terests therein including existing connecting roads on or

17 adjacent to such grant lands; $98,365,000, to remain

18 available until expended: Provided, That 25 per centum

19 of the aggregate of all receipts during the current fiscal

20 year from the revested Oregon and California Railroad

21 grant lands is hereby made a charge against the Oregon

22 and California land-grant fund and shall be transferred

23 to the General Fund in the Treasury in accordance with

24 the second paragraph of subsection (b) of title II of the

25 Act of August 28, 1937 (50 Stat. 876).
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1 RANGE IMPROVEMENTS

2 For rehabilitation, protection, and acquisition of

3 lands and interests therein, and improvement of Federal

4 rangelands pursuant to section 401 of the Federal Land

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

6 notwithstanding any other Act, sums equal to 50 per cen7 tum of all moneys received during the prior fiscal year

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

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

10 improvements from grazing fees and mineral leasing re11 ceipts from Bankhead-Jones lands transferred to the De12 partment of the Interior pursuant to law, but not less than

13 $9,113,000, to remain available until expended: Provided,

14 That not to exceed $600,000 shall be available for admin15 istrative expenses.

16 SERVICE CHARGES, DEPOSITS, AND FORFEITURES

17 For administrative expenses and other costs related

18 to processing application documents and other authoriza19 tions for use and disposal of public lands and resources,

20 for costs of providing copies of official public land docu21 ments, for monitoring construction, operation, and termi22 nation of facilities in conjunction with use authorizations,

23 and for rehabilitation of damaged property, such amounts

24 as may be collected under Public Law 94–579, as amend25 ed, and Public Law 93–153, to remain available until ex-
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1 pended: Provided, That notwithstanding any provision to

2 the contrary of section 305(a) of Public Law 94–579 (43

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

4 received pursuant to that section, whether as a result of

5 forfeiture, compromise, or settlement, if not appropriate

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

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

8 under the authority of this Act by the Secretary to im9 prove, protect, or rehabilitate any public lands adminis10 tered through the Bureau of Land Management which

11 have been damaged by the action of a resource developer,

12 purchaser, permittee, or any unauthorized person, without

13 regard to whether all moneys collected from each such ac14 tion are used on the exact lands damaged which led to

15 the action: Provided further, That any such moneys that

16 are in excess of amounts needed to repair damage to the

17 exact land for which funds were collected may be used to

18 repair other damaged public lands.

19 MISCELLANEOUS TRUST FUNDS

20 In addition to amounts authorized to be expended

21 under existing laws, there is hereby appropriated such

22 amounts as may be contributed under section 307 of the

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

24 amounts as may be advanced for administrative costs, sur25 veys, appraisals, and costs of making conveyances of omit-
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1 ted lands under section 211(b) of that Act, to remain

2 available until expended.

3 ADMINISTRATIVE PROVISIONS

4 Appropriations for the Bureau of Land Management

5 shall be available for purchase, erection, and dismantle6 ment of temporary structures, and alteration and mainte7 nance of necessary buildings and appurtenant facilities to

8 which the United States has title; up to $100,000 for pay9 ments, at the discretion of the Secretary, for information

10 or evidence concerning violations of laws administered by

11 the Bureau; miscellaneous and emergency expenses of en12 forcement activities authorized or approved by the Sec13 retary and to be accounted for solely on his certificate,

14 not to exceed $10,000: Provided, That notwithstanding 44

15 U.S.C. 501, the Bureau may, under cooperative cost-shar16 ing and partnership arrangements authorized by law, pro17 cure printing services from cooperators in connection with

18 jointly-produced publications for which the cooperators

19 share the cost of printing either in cash or in services,

20 and the Bureau determines the cooperator is capable of

21 meeting accepted quality standards.

22 UNITED STATES FISH AND WILDLIFE SERVICE

23 RESOURCE MANAGEMENT

24 For expenses necessary for scientific and economic

25 studies, conservation, management, investigations, protec-
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1 tion, and utilization of fishery and wildlife resources, ex2 cept whales, seals, and sea lions, and for the performance

3 of other authorized functions related to such resources; for

4 the general administration of the United States Fish and

5 Wildlife Service; for maintenance of the herd of long6 horned cattle on the Wichita Mountains Wildlife Refuge;

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

8 within the scope of the approved budget which shall be

9 carried out by the Youth Conservation Corps as author10 ized by the Act of August 13, 1970, as amended,

11 $520,519,000, to remain available until September 30,

12 1998, of which $11,557,000 shall remain available until

13 expended for operation and maintenance of fishery mitiga14 tion facilities constructed by the Corps of Engineers under

15 the Lower Snake River Compensation Plan, authorized by

16 the Water Resources Development Act of 1976, to com17 pensate for loss of fishery resources from water develop18 ment projects on the Lower Snake River, and of which

19 $1,000,000 shall be provided to the National Fish and

20 Wildlife Foundation for implementation of the Natural

21 Communities Conservation Plan, and shall be available

22 only to the extent matched by at least an equal amount

23 from the Foundation and shall remain available until ex24 pended: Provided, That pursuant to 31 U.S.C. 9701, the

25 Secretary shall charge reasonable fees for the full costs
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1 of providing training by the National Education and

2 Training Center, to be credited to this account, notwith3 standing 31 U.S.C. 3302, of which not to exceed

4 $2,000,000 shall be available for the direct costs of provid5 ing such training: Provided further, That not to exceed

6 $1,000,000 of the funds provided herein may be used for

7 contaminant sample analysis.

8 CONSTRUCTION

9 For construction and acquisition of buildings and

10 other facilities required in the conservation, management,

11 investigation, protection, and utilization of fishery and

12 wildlife resources, and the acquisition of lands and inter13 ests therein; $38,298,000, to remain available until ex14 pended.

15 NATURAL RESOURCE DAMAGE ASSESSMENT FUND

16 To conduct natural resource damage assessment ac17 tivities by the Department of the Interior necessary to

18 carry out the provisions of the Comprehensive Environ19 mental Response, Compensation, and Liability Act, as

20 amended (42 U.S.C. 9601, et seq.), Federal Water Pollu21 tion Control Act, as amended (33 U.S.C. 1251, et seq.),

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

23 Public Law 101–337; $4,000,000, to remain available

24 until expended.
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1 LAND ACQUISITION

2 For expenses necessary to carry out the Land and

3 Water Conservation Fund Act of 1965, as amended (16

4 U.S.C. 460l–4–11), including administrative expenses,

5 and for acquisition of land or waters, or interest therein,

6 in accordance with statutory authority applicable to the

7 United States Fish and Wildlife Service, $30,000,000, to

8 be derived from the Land and Water Conservation Fund,

9 to remain available until expended.

10 COOPERATIVE ENDANGERED SPECIES CONSERVATION

11 FUND

12 For expenses necessary to carry out the provisions

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

14 1543), as amended, $13,085,000, for grants to States, to

15 be derived from the Cooperative Endangered Species Con16 servation Fund, and to remain available until expended.

17 NATIONAL WILDLIFE REFUGE FUND

18 For expenses necessary to implement the Act of Octo19 ber 17, 1978 (16 U.S.C. 715s), $10,779,000.

20 REWARDS AND OPERATIONS

21 For expenses necessary to carry out the provisions

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

23 4201–4203, 4211–4213, 4221–4225, 4241–4245, and

24 1538), $1,000,000, to remain available until expended.
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1 NORTH AMERICAN WETLANDS CONSERVATION FUND

2 For expenses necessary to carry out the provisions

3 of the North American Wetlands Conservation Act, Public

4 Law 101–233, $7,750,000, to remain available until ex5 pended.

6 RHINOCEROS AND TIGER CONSERVATION FUND

7 For deposit to the Rhinoceros and Tiger Conserva8 tion Fund, $400,000, to remain available until expended,

9 to carry out the Rhinoceros and Tiger Conservation Act

10 of 1994 (Public Law 103–391).

11 WILDLIFE CONSERVATION AND APPRECIATION FUND

12 For deposit to the Wildlife Conservation and Appre13 ciation Fund, $800,000, to remain available until ex14 pended, for carrying out the Partnerships for Wildlife Act

15 only to the extent such funds are matched as provided in

16 section 7105 of said Act.

17 ADMINISTRATIVE PROVISIONS

18 Appropriations and funds available to the United

19 States Fish and Wildlife Service shall be available for pur20 chase of not to exceed 83 passenger motor vehicles of

21 which 73 are for replacement only (including 43 for police22 type use); not to exceed $400,000 for payment, at the dis23 cretion of the Secretary, for information, rewards, or evi24 dence concerning violations of laws administered by the

25 Service, and miscellaneous and emergency expenses of en-
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1 forcement activities, authorized or approved by the Sec2 retary and to be accounted for solely on his certificate;

3 repair of damage to public roads within and adjacent to

4 reservation areas caused by operations of the Service; op5 tions for the purchase of land at not to exceed $1 for each

6 option; facilities incident to such public recreational uses

7 on conservation areas as are consistent with their primary

8 purpose; and the maintenance and improvement of aquar9 ia, buildings, and other facilities under the jurisdiction of

10 the Service and to which the United States has title, and

11 which are utilized pursuant to law in connection with man12 agement and investigation of fish and wildlife resources:

13 Provided, That notwithstanding 44 U.S.C. 501, the Serv14 ice may, under cooperative cost sharing and partnership

15 arrangements authorized by law, procure printing services

16 from cooperators in connection with jointly-produced pub17 lications for which the cooperators share at least one-half

18 the cost of printing either in cash or services and the Serv19 ice determines the cooperator is capable of meeting accept20 ed quality standards: Provided further, That the Service

21 may accept donated aircraft as replacements for existing

22 aircraft: Provided further, That notwithstanding any other

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

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

25 purchase of lands or interests in lands to be used in the
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1 establishment of any new unit of the National Wildlife

2 Refuge System unless the purchase is approved in advance

3 by the House and Senate Committees on Appropriations

4 in compliance with the reprogramming procedures con5 tained in House Report 103–551.

6 NATIONAL PARK SERVICE

7 OPERATION OF THE NATIONAL PARK SYSTEM

8 For expenses necessary for the management, oper9 ation, and maintenance of areas and facilities adminis10 tered by the National Park Service (including special road

11 maintenance service to trucking permittees on a reimburs12 able basis), and for the general administration of the Na13 tional Park Service, including not to exceed $1,593,000

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

15 $1,000,000 for high priority projects within the scope of

16 the approved budget which shall be carried out by the

17 Youth Conservation Corps as authorized by 16 U.S.C.

18 1706, $1,135,139,000, without regard to 16 U.S.C. 451,

19 of which $12,800,000 for research, planning and inter20 agency coordination in support of land acquisition for Ev21 erglades restoration shall remain available until expended,

22 and of which not to exceed $72,000,000, to remain avail23 able until expended, is to be derived from the special fee

24 account established pursuant to title V, section 5201, of

25 Public Law 100–203.
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1 NATIONAL RECREATION AND PRESERVATION

2 For expenses necessary to carry out recreation pro3 grams, natural programs, cultural programs, environ4 mental compliance and review, international park affairs,

5 statutory or contractual aid for other activities, and grant

6 administration, not otherwise provided for, $36,476,000.

7 HISTORIC PRESERVATION FUND

8 For expenses necessary in carrying out the Historic

9 Preservation Act of 1966, as amended (16 U.S.C. 470),

10 $36,212,000, to be derived from the Historic Preservation

11 Fund, to remain available until September 30, 1998.

12 CONSTRUCTION

13 For construction, improvements, repair or replace14 ment of physical facilities including the modifications au15 thorized by section 104 of the Everglades National Park

16 Protection and Expansion Act of 1989, $119,745,000, to

17 remain available until expended: Provided, That funds pro18 vided under this head, derived from the Historic Preserva19 tion Fund, established by the Historic Preservation Act

20 of 1966, as amended (16 U.S.C. 470), may be available

21 until expended to render sites safe for visitors and for

22 building stabilization.
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1 LAND AND WATER CONSERVATION FUND

2 (RESCISSION)

3 The contract authority provided for fiscal year 1997

4 by 16 U.S.C. 460l–10a is rescinded.

5 LAND ACQUISITION AND STATE ASSISTANCE

6 For expenses necessary to carry out the Land and

7 Water Conservation Fund Act of 1965, as amended (16

8 U.S.C. 460l–4–11), including administrative expenses,

9 and for acquisition of lands or waters, or interest therein,

10 in accordance with statutory authority applicable to the

11 National Park Service, $30,000,000, to be derived from

12 the Land and Water Conservation Fund, to remain avail13 able until expended, of which $1,000,000 is to administer

14 the State assistance program: Provided, That any funds

15 made available for the purpose of acquisition of the Elwha

16 and Glines dams shall be used solely for acquisition, and

17 shall not be expended until the full purchase amount has

18 been appropriated by the Congress.

19 ADMINISTRATIVE PROVISIONS

20 Appropriations for the National Park Service shall be

21 available for the purchase of not to exceed 404 passenger

22 motor vehicles, of which 287 shall be for replacement only,

23 including not to exceed 320 for police-type use, 13 buses,

24 and 6 ambulances: Provided, That none of the funds ap25 propriated to the National Park Service may be used to
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1 process any grant or contract documents which do not in2 clude the text of 18 U.S.C. 1913: Provided further, That

3 of the funds provided to the National Park Service in this

4 or any other Act not more than $1,700,000 is to be used

5 for the Office of the Director, not more than $2,000,000

6 is to be used for the Office of Public Affairs, and not more

7 than $951,000 is to be used for the Office of Congres8 sional Affairs: Provided further, That none of the funds

9 appropriated to the National Park Service may be used

10 to implement an agreement for the redevelopment of the

11 southern end of Ellis Island until such agreement has been

12 submitted to the Congress and shall not be implemented

13 prior to the expiration of 30 calendar days (not including

14 any day in which either House of Congress is not in ses15 sion because of adjournment of more than three calendar

16 days to a day certain) from the receipt by the Speaker

17 of the House of Representatives and the President of the

18 Senate of a full and comprehensive report on the develop19 ment of the southern end of Ellis Island, including the

20 facts and circumstances relied upon in support of the pro21 posed project.

22 None of the funds in this Act may be spent by the

23 National Park Service for activities taken in direct re24 sponse to the United Nations Biodiversity Convention.
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1 The National Park Service may in fiscal year 1997

2 and thereafter enter into cooperative agreements that in3 volve the transfer of National Park Service appropriated

4 funds to State, local and tribal governments, other public

5 entities, educational institutions, and private nonprofit or6 ganizations for the public purpose of carrying out National

7 Park Service programs pursuant to 31 U.S.C. 6305 to

8 carry out public purposes of National Park Service pro9 grams.

10 UNITED STATES GEOLOGICAL SURVEY

11 SURVEYS, INVESTIGATIONS, AND RESEARCH

12 For expenses necessary for the United States Geo13 logical Survey to perform surveys, investigations, and re14 search covering topography, geology, hydrology, and the

15 mineral and water resources of the United States, its Ter16 ritories and possessions, and other areas as authorized by

17 43 U.S.C. 31, 1332 and 1340; classify lands as to their

18 mineral and water resources; give engineering supervision

19 to power permittees and Federal Energy Regulatory Com20 mission licensees; administer the minerals exploration pro21 gram (30 U.S.C. 641); and publish and disseminate data

22 relative to the foregoing activities; and to conduct inquiries

23 into the economic conditions affecting mining and mate24 rials processing industries (30 U.S.C. 3, 21a, and 1603;

25 50 U.S.C. 98g(1)) and related purposes as authorized by
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1 law and to publish and disseminate data; $730,163,000,

2 of which $62,130,000 shall be available only for coopera3 tion with States or municipalities for water resources in4 vestigations; and of which $137,000,000 shall be available

5 until September 30, 1998 for the biological research activ6 ity and the operation of the Cooperative Research Units;

7 and of which $16,000,000 shall remain available until ex8 pended for conducting inquiries into the economic condi9 tions affecting mining and materials processing industries:

10 Provided, That none of these funds provided for the bio11 logical research activity shall be used to conduct new sur12 veys on private property, unless specifically authorized in

13 writing by the property owner: Provided further, That be14 ginning in fiscal year 1998 and once every five years there15 after, the National Academy of Sciences shall review and

16 report on the biological research activity of the Survey:

17 Provided further, That no part of this appropriation shall

18 be used to pay more than one-half the cost of topographic

19 mapping or water resources data collection and investiga20 tions carried on in cooperation with States and municipali21 ties.

22 ADMINISTRATIVE PROVISIONS

23 The amount appropriated for the United States Geo24 logical Survey shall be available for the purchase of not

25 to exceed 53 passenger motor vehicles, of which 48 are
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1 for replacement only; reimbursement to the General Serv2 ices Administration for security guard services; contract3 ing for the furnishing of topographic maps and for the

4 making of geophysical or other specialized surveys when

5 it is administratively determined that such procedures are

6 in the public interest; construction and maintenance of

7 necessary buildings and appurtenant facilities; acquisition

8 of lands for gauging stations and observation wells; ex9 penses of the United States National Committee on Geol10 ogy; and payment of compensation and expenses of per11 sons on the rolls of the Survey duly appointed to represent

12 the United States in the negotiation and administration

13 of interstate compacts: Provided, That activities funded by

14 appropriations herein made may be accomplished through

15 the use of contracts, grants, or cooperative agreements as

16 defined in 31 U.S.C. 6302, et seq.

17 MINERALS MANAGEMENT SERVICE

18 ROYALTY AND OFFSHORE MINERALS MANAGEMENT

19 For expenses necessary for minerals leasing and envi20 ronmental studies, regulation of industry operations, and

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

22 laws and regulations applicable to oil, gas, and other min23 erals leases, permits, licenses and operating contracts; and

24 for matching grants or cooperative agreements; including

25 the purchase of not to exceed eight passenger motor vehi-
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1 cles for replacement only; $186,555,000, of which not less

2 than $74,063,000 shall be available for royalty manage3 ment activities; and an amount not to exceed $15,400,000

4 for the Technical Information Management System and

5 Related Activities of the Outer Continental Shelf (OCS)

6 Lands Activity, to be credited to this appropriation and

7 to remain available until expended, from additions to re8 ceipts resulting from increases to rates in effect on August

9 5, 1993, from rate increases to fee collections for OCS

10 administrative activities performed by the Minerals Man11 agement Service over and above the rates in effect on Sep12 tember 30, 1993, and from additional fees for OCS admin13 istrative activities established after September 30, 1993:

14 Provided, That $1,500,000 for computer acquisitions shall

15 remain available until September 30, 1998: Provided fur16 ther, That funds appropriated under this Act shall be

17 available for the payment of interest in accordance with

18 30 U.S.C. 1721 (b) and (d): Provided further, That not

19 to exceed $3,000 shall be available for reasonable expenses

20 related to promoting volunteer beach and marine cleanup

21 activities: Provided further, That notwithstanding any

22 other provision of law, $15,000 under this head shall be

23 available for refunds of overpayments in connection with

24 certain Indian leases in which the Director of the Minerals

25 Management Service concurred with the claimed refund
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1 due, to pay amounts owed to Indian allottees or Tribes,

2 or to correct prior unrecoverable erroneous payments.

3 OIL SPILL RESEARCH

4 For necessary expenses to carry out title I, section

5 1016, title IV, sections 4202 and 4303, title VII, and title

6 VIII, section 8201 of the Oil Pollution Act of 1990,

7 $6,440,000, which shall be derived from the Oil Spill Li8 ability Trust Fund, to remain available until expended.

9 OFFICE OF SURFACE MINING RECLAMATION AND

10 ENFORCEMENT

11 REGULATION AND TECHNOLOGY

12 For necessary expenses to carry out the provisions

13 of the Surface Mining Control and Reclamation Act of

14 1977, Public Law 95–87, as amended, including the pur15 chase of not to exceed 10 passenger motor vehicles, for

16 replacement only; $94,272,000, and notwithstanding 31

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

18 this account, to remain available until expended, from per19 formance bond forfeitures in fiscal year 1997: Provided,

20 That the Secretary of the Interior, pursuant to regula21 tions, may utilize directly or through grants to States,

22 moneys collected in fiscal year 1997 for civil penalties as23 sessed under section 518 of the Surface Mining Control

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

25 lands adversely affected by coal mining practices after Au-
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1 gust 3, 1977, to remain available until expended: Provided

2 further, That appropriations for the Office of Surface Min3 ing Reclamation and Enforcement may provide for the

4 travel and per diem expenses of State and tribal personnel

5 attending Office of Surface Mining Reclamation and En6 forcement sponsored training.

7 ABANDONED MINE RECLAMATION FUND

8 For necessary expenses to carry out title IV of the

9 Surface Mining Control and Reclamation Act of 1977,

10 Public Law 95–87, as amended, including the purchase

11 of not more than 10 passenger motor vehicles for replace12 ment only, $175,887,000, to be derived from receipts of

13 the Abandoned Mine Reclamation Fund and to remain

14 available until expended; of which $4,000,000 shall be for

15 supplemental grants to States for the reclamation of aban16 doned sites with acid mine rock drainage from coal mines

17 through the Appalachian Clean Streams Initiative: Pro18 vided, That grants to minimum program States will be

19 $1,500,000 per State in fiscal year 1997: Provided further,

20 That of the funds herein provided up to $18,000,000 may

21 be used for the emergency program authorized by section

22 410 of Public Law 95–87, as amended, of which no more

23 than 25 per centum shall be used for emergency reclama24 tion projects in any one State and funds for federally-ad25 ministered emergency reclamation projects under this pro-
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1 viso shall not exceed $11,000,000: Provided further, That

2 prior year unobligated funds appropriated for the emer3 gency reclamation program shall not be subject to the 25

4 per centum limitation per State and may be used without

5 fiscal year limitation for emergency projects: Provided fur6 ther, That pursuant to Public Law 97–365, the Depart7 ment of the Interior is authorized to use up to 20 per

8 centum from the recovery of the delinquent debt owed to

9 the United States Government to pay for contracts to col10 lect these debts: Provided further, That funds made avail11 able to States under title IV of Public Law 95–87 may

12 be used, at their discretion, for any required non-Federal

13 share of the cost of projects funded by the Federal Gov14 ernment for the purpose of environmental restoration re15 lated to treatment or abatement of acid mine drainage

16 from abandoned mines: Provided further, That such

17 projects must be consistent with the purposes and prior18 ities of the Surface Mining Control and Reclamation Act.

19 BUREAU OF INDIAN AFFAIRS

20 OPERATION OF INDIAN PROGRAMS

21 For operation of Indian programs by direct expendi22 ture, contracts, cooperative agreements, compacts, and

23 grants including expenses necessary to provide education

24 and welfare services for Indians, either directly or in co25 operation with States and other organizations, including
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1 payment of care, tuition, assistance, and other expenses

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

3 grants and other assistance to needy Indians; maintenance

4 of law and order; management, development, improve5 ment, and protection of resources and appurtenant facili6 ties under the jurisdiction of the Bureau, including pay7 ment of irrigation assessments and charges; acquisition of

8 water rights; advances for Indian industrial and business

9 enterprises; operation of Indian arts and crafts shops and

10 museums; development of Indian arts and crafts, as au11 thorized by law; for the general administration of the Bu12 reau, including such expenses in field offices; maintaining

13 of Indian reservation roads as defined in 23 U.S.C. 101;

14 and construction, repair, and improvement of Indian hous15 ing, $1,381,623,000, of which not to exceed $90,829,000

16 shall be for payments to tribes and tribal organizations

17 for contract support costs associated with ongoing con18 tracts or grants or compacts entered into with the Bureau

19 prior to fiscal year 1997, as authorized by the Indian Self20 Determination Act of 1975, as amended, and up to

21 $5,000,000 shall be for the Indian Self-Determination

22 Fund, which shall be available for the transitional cost of

23 initial or expanded tribal contracts, grants, compacts, or

24 cooperative agreements with the Bureau under such Act;

25 and of which not to exceed $339,709,000 for school oper-
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1 ations costs of Bureau-funded schools and other education

2 programs shall become available on July 1, 1997, and

3 shall remain available until September 30, 1998; and of

4 which not to exceed $55,838,000 for higher education

5 scholarships, adult vocational training, and assistance to

6 public schools under 25 U.S.C. 452 et seq., shall remain

7 available until September 30, 1998; and of which not to

8 exceed $55,603,000 shall remain available until expended

9 for housing improvement, road maintenance, attorney

10 fees, litigation support, self-governance grants, the Indian

11 Self-Determination Fund, and the Navajo-Hopi Settle12 ment Program: Provided, That tribes and tribal contrac13 tors may use their tribal priority allocations for unmet in14 direct costs of ongoing contracts, grants or compact agree15 ments: Provided further, That funds made available to

16 tribes and tribal organizations through contracts or grants

17 obligated during fiscal year 1997, as authorized by the In18 dian Self-Determination Act of 1975, or grants authorized

19 by the Indian Education Amendments of 1988 (25 U.S.C.

20 2001 and 2008A) shall remain available until expended

21 by the contractor or grantee: Provided further, That to

22 provide funding uniformity within a Self-Governance Com23 pact, any funds provided in this Act with availability for

24 more than one year may be reprogrammed to one year

25 availability but shall remain available within the Compact
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1 until expended: Provided further, That notwithstanding

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

3 by appropriate changes in eligibility criteria or by other

4 means, change eligibility for general assistance or change

5 the amount of general assistance payments for individuals

6 within the service area of such tribe who are otherwise

7 deemed eligible for general assistance payments so long

8 as such changes are applied in a consistent manner to in9 dividuals similarly situated: Provided further, That any

10 savings realized by such changes shall be available for use

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

12 That any net increase in costs to the Federal Government

13 which result solely from tribally increased payment levels

14 for general assistance shall be met exclusively from funds

15 available to the tribe from within its tribal priority alloca16 tion: Provided further, That any forestry funds allocated

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

18 1997, may be transferred during fiscal year 1998 to an

19 Indian forest land assistance account established for the

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

21 Provided further, That any such unobligated balances not

22 so transferred shall expire on September 30, 1998: Pro23 vided further, That notwithstanding any other provision of

24 law, no funds available to the Bureau, other than the

25 amounts provided herein for assistance to public schools
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1 under 25 U.S.C. 452 et seq., shall be available to support

2 the operation of any elementary or secondary school in the

3 State of Alaska in fiscal year 1997: Provided further, That

4 funds made available in this or any other Act for expendi5 ture through September 30, 1998 for schools funded by

6 the Bureau shall be available only to the schools in the

7 Bureau school system as of September 1, 1995: Provided

8 further, That no funds available to the Bureau shall be

9 used to support expanded grades for any school beyond

10 the grade structure in place at each school in the Bureau

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

12 That in fiscal year 1997 and thereafter, notwithstanding

13 the provisions of 25 U.S.C. 2012(h)(1) (A) and (B), upon

14 the recommendation of either (i) a local school board and

15 school supervisor for an education position in a Bureau

16 of Indian Affairs operated school, or (ii) an Agency school

17 board and education line officer for an Agency education

18 position, the Secretary shall establish adjustments to the

19 rates of basic compensation or annual salary rates estab20 lished under 25 U.S.C. 2012(h)(1) (A) and (B) for edu21 cation positions at the school or the Agency, at a level

22 not less than that for comparable positions in the nearest

23 public school district, and the adjustment shall be deemed

24 to be a change to basic pay and shall not be subject to

25 collective bargaining: Provided further, That any reduction
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1 to rates of basic compensation or annual salary rates

2 below the rates established under 25 U.S.C. 2012(h)(1)

3 (A) and (B) shall apply only to educators appointed after

4 June 30, 1997, and shall not affect the right of an individ5 ual employed on June 30, 1997, in an education position,

6 to receive the compensation attached to such position

7 under 25 U.S.C. 2012(h)(1) (A) and (B) so long as the

8 individual remains in the same position at the same school:

9 Provided further, That notwithstanding 25 U.S.C.

10 2012(h)(1)(B), when the rates of basic compensation for

11 teachers and counselors at Bureau-operated schools are

12 established at the rates of basic compensation applicable

13 to comparable positions in overseas schools under the De14 fense Department Overseas Teachers Pay and Personnel

15 Practices Act, such rates shall become effective with the

16 start of the next academic year following the issuance of

17 the Department of Defense salary schedule and shall not

18 be effected retroactively.

19 CONSTRUCTION

20 For construction, major repair, and improvement of

21 irrigation and power systems, buildings, utilities, and

22 other facilities, including architectural and engineering

23 services by contract; acquisition of lands, and interests in

24 lands; and preparation of lands for farming, and for con25 struction of the Navajo Indian Irrigation Project pursuant
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1 to Public Law 87–483, $85,831,000, to remain available

2 until expended: Provided, That such amounts as may be

3 available for the construction of the Navajo Indian Irriga4 tion Project may be transferred to the Bureau of Reclama5 tion: Provided further, That not to exceed 6 per centum

6 of contract authority available to the Bureau of Indian

7 Affairs from the Federal Highway Trust Fund may be

8 used to cover the road program management costs of the

9 Bureau: Provided further, That any funds provided for the

10 Safety of Dams program pursuant to 25 U.S.C. 13 shall

11 be made available on a non-reimbursable basis: Provided

12 further, That for fiscal year 1997, in implementing new

13 construction or facilities improvement and repair project

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

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

16 amended, the Secretary of the Interior shall use the Ad17 ministrative and Audit Requirements and Cost Principles

18 for Assistance Programs contained in 43 CFR part 12 as

19 the regulatory requirements: Provided further, That such

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

21 the Secretary and the grantee shall negotiate and deter22 mine a schedule of payments for the work to be performed:

23 Provided further, That in considering applications, the

24 Secretary shall consider whether the Indian tribe or tribal

25 organization would be deficient in assuring that the con-
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1 struction projects conform to applicable building stand2 ards and codes and Federal, tribal, or State health and

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

4 respect to organizational and financial management capa5 bilities: Provided further, That if the Secretary declines an

6 application, the Secretary shall follow the requirements

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

8 any disputes between the Secretary and any grantee con9 cerning a grant shall be subject to the disputes provision

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

11 INDIAN LAND AND WATER CLAIM SETTLEMENTS AND

12 MISCELLANEOUS PAYMENTS TO INDIANS

13 For miscellaneous payments to Indian tribes and in14 dividuals and for necessary administrative expenses,

15 $65,241,000, to remain available until expended; of which

16 $56,400,000 shall be available for implementation of en17 acted Indian land and water claim settlements pursuant

18 to Public Laws 101–618, 102–374, 102–575, and for im19 plementation of other enacted water rights settlements, in20 cluding not to exceed $8,000,000, which shall be for the

21 Federal share of the Catawba Indian Tribe of South Caro22 lina Claims Settlement, as authorized by section 5(a) of

23 Public Law 103–116; and of which $841,000 shall be

24 available pursuant to Public Laws 98–500, 99–264, and

25 100–580.
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1 INDIAN GUARANTEED LOAN PROGRAM ACCOUNT

2 For the cost of guaranteed loans, $4,500,000, as au3 thorized by the Indian Financing Act of 1974, as amend4 ed: Provided, That such costs, including the cost of modi5 fying such loans, shall be as defined in section 502 of the

6 Congressional Budget Act of 1974: Provided further, That

7 these funds are available to subsidize total loan principal,

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

9 $34,615,000.

10 In addition, for administrative expenses to carry out

11 the guaranteed loan programs, $500,000.

12 ADMINISTRATIVE PROVISIONS

13 Appropriations for the Bureau of Indian Affairs (ex14 cept the revolving fund for loans, the Indian loan guaran15 tee and insurance fund, the Technical Assistance of Indian

16 Enterprises account, the Indian Direct Loan Program ac17 count, and the Indian Guaranteed Loan Program account)

18 shall be available for expenses of exhibits, and purchase

19 of not to exceed 229 passenger motor vehicles, of which

20 not to exceed 187 shall be for replacement only.

21 DEPARTMENTAL OFFICES

22 INSULAR AFFAIRS

23 ASSISTANCE TO TERRITORIES

24 For expenses necessary for assistance to territories

25 under the jurisdiction of the Department of the Interior,
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1 $65,088,000, of which (1) $61,239,000 shall be available

2 until expended for technical assistance, including mainte3 nance assistance, disaster assistance, insular management

4 controls, and brown tree snake control and research;

5 grants to the judiciary in American Samoa for compensa6 tion and expenses, as authorized by law (48 U.S.C.

7 1661(c)); grants to the Government of American Samoa,

8 in addition to current local revenues, for construction and

9 support of governmental functions; grants to the Govern10 ment of the Virgin Islands as authorized by law; grants

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

12 grants to the Government of the Northern Mariana Is13 lands as authorized by law (Public Law 94–241; 90 Stat.

14 272); and (2) $3,849,000 shall be available for salaries

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

16 That all financial transactions of the territorial and local

17 governments herein provided for, including such trans18 actions of all agencies or instrumentalities established or

19 utilized by such governments, may be audited by the Gen20 eral Accounting Office, at its discretion, in accordance

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

22 further, That Northern Mariana Islands Covenant grant

23 funding shall be provided according to those terms of the

24 Agreement of the Special Representatives on Future Unit25 ed States Financial Assistance for the Northern Mariana
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1 Islands approved by Public Law 99–396, or any subse2 quent legislation related to Commonwealth of the North3 ern Mariana Islands grant funding: Provided further, That

4 of the amounts provided for technical assistance, sufficient

5 funding shall be made available for a grant to the Close

6 Up Foundation: Provided further, That the funds for the

7 program of operations and maintenance improvement are

8 appropriated to institutionalize routine operations and

9 maintenance improvement of capital infrastructure in

10 American Samoa, Guam, the Virgin Islands, the Common11 wealth of the Northern Mariana Islands, the Republic of

12 Palau, the Republic of the Marshall Islands, and the Fed13 erated States of Micronesia through assessments of long14 range operations maintenance needs, improved capability

15 of local operations and maintenance institutions and agen16 cies (including management and vocational education

17 training), and project-specific maintenance (with terri18 torial participation and cost sharing to be determined by

19 the Secretary based on the individual territory’s commit20 ment to timely maintenance of its capital assets): Provided

21 further, That any appropriation for disaster assistance

22 under this head in this Act or previous appropriations Acts

23 may be used as non-Federal matching funds for the pur24 pose of hazard mitigation grants provided pursuant to sec-
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1 tion 404 of the Robert T. Stafford Disaster Relief and

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

3 COMPACT OF FREE ASSOCIATION

4 For economic assistance and necessary expenses for

5 the Federated States of Micronesia and the Republic of

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

7 223, 232, and 233 of the Compacts of Free Association,

8 and for economic assistance and necessary expenses for

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

10 223, 232, and 233 of the Compact of Free Association,

11 $23,638,000, to remain available until expended, as au12 thorized by Public Law 99–239 and Public Law 99–658.

13 DEPARTMENTAL MANAGEMENT

14 SALARIES AND EXPENSES

15 For necessary expenses for management of the De16 partment of the Interior, $53,691,000, of which not to ex17 ceed $7,500 may be for official reception and representa18 tion expenses.

19 OFFICE OF THE SOLICITOR

20 SALARIES AND EXPENSES

21 For necessary expenses of the Office of the Solicitor,

22 $35,208,000.

23 OFFICE OF INSPECTOR GENERAL

24 SALARIES AND EXPENSES

25 For necessary expenses of the Office of Inspector

26 General, $24,439,000, together with any funds or prop-
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1 erty transferred to the Office of Inspector General through

2 forfeiture proceedings or from the Department of Justice

3 Assets Forfeiture Fund or the Department of the Treas4 ury Assets Forfeiture Fund, that represent an equitable

5 share from the forfeiture of property in investigations in

6 which the Office of Inspector General participated, with

7 such transferred funds to remain available until expended.

8 NATIONAL INDIAN GAMING COMMISSION

9 SALARIES AND EXPENSES

10 For necessary expenses of the National Indian Gam11 ing Commission, pursuant to Public Law 100–497,

12 $1,000,000.

13 OFFICE OF SPECIAL TRUSTEE FOR AMERICAN INDIANS

14 FEDERAL TRUST PROGRAMS

15 For operation of trust programs for Indians by direct

16 expenditure, contracts, cooperative agreements, compacts,

17 and grants, $19,126,000, to remain available until ex18 pended for trust funds management: Provided, That funds

19 made available to tribes and tribal organizations through

20 contracts or grants obligated during fiscal year 1997, as

21 authorized by the Indian Self-Determination Act of 1975

22 (25 U.S.C. 450 et seq.), shall remain available until ex23 pended by the contractor or grantee: Provided further,

24 That notwithstanding any other provision of law, the stat25 ute of limitations shall not commence to run on any claim,
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1 including any claim in litigation pending on the date of

2 this Act, concerning losses to or mismanagement of trust

3 funds, until the affected tribe or individual Indian has

4 been furnished with an accounting of such funds from

5 which the beneficiary can determine whether there has

6 been a loss: Provided further, That unobligated balances

7 previously made available (1) to liquidate obligations owed

8 tribal and individual Indian payees of any checks canceled

9 pursuant to section 1003 of the Competitive Equality

10 Banking Act of 1987 (Public Law 100–86; 31 U.S.C.

11 3334(b)), (2) to restore Individual Indian Monies trust

12 funds, Indian Irrigation Systems, and Indian Power Sys13 tems accounts amounts invested in credit unions or de14 faulted savings and loan associations and which where not

15 Federally insured, including any interest on these amounts

16 that may have been earned, but was not because of the

17 default, and (3) to reimburse Indian trust fund account

18 holders for losses to their respective accounts where the

19 claim for said loss has been reduced to a judgement or

20 settlement agreement approved by the Department of Jus21 tice, under the heading ‘‘Indian Land and Water Claim

22 Settlements and Miscellaneous Payments to Indians’’, Bu23 reau of Indian Affairs in fiscal years 1995 and 1996, are

24 hereby transferred to and merged with this appropriation
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1 and may only be used for the operation of trust programs,

2 in accordance with this appropriation.

3 ADMINISTRATIVE PROVISIONS

4 There is hereby authorized for acquisition from avail5 able resources within the Working Capital Fund, 15 air6 craft, 10 of which shall be for replacement and which may

7 be obtained by donation, purchase or through available ex8 cess surplus property: Provided, That notwithstanding any

9 other provision of law, existing aircraft being replaced may

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

11 offset the purchase price for the replacement aircraft: Pro12 vided further, That no programs funded with appropriated

13 funds in ‘‘Departmental Management’’, ‘‘Office of the So14 licitor’’, and ‘‘Office of Inspector General’’ may be aug15 mented through the Working Capital Fund or the Consoli16 dated Working Fund.

17 GENERAL PROVISIONS, DEPARTMENT OF THE

18 INTERIOR

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

20 available for expenditure or transfer (within each bureau

21 or office), with the approval of the Secretary, for the emer22 gency reconstruction, replacement, or repair of aircraft,

23 buildings, utilities, or other facilities or equipment dam24 aged or destroyed by fire, flood, storm, or other unavoid25 able causes: Provided, That no funds shall be made avail-
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1 able under this authority until funds specifically made

2 available to the Department of the Interior for emer3 gencies shall have been exhausted: Provided further, That

4 all funds used pursuant to this section are hereby des5 ignated by Congress to be ‘‘emergency requirements’’ pur6 suant to section 251(b)(2)(D) of the Balanced Budget and

7 Emergency Deficit Control Act of 1985, and must be re8 plenished by a supplemental appropriation which must be

9 requested as promptly as possible.

10 SEC. 102. The Secretary may authorize the expendi11 ture or transfer of any no year appropriation in this title,

12 in addition to the amounts included in the budget pro13 grams of the several agencies, for the suppression or emer14 gency prevention of forest or range fires on or threatening

15 lands under the jurisdiction of the Department of the Inte16 rior; for the emergency rehabilitation of burned-over lands

17 under its jurisdiction; for emergency actions related to po18 tential or actual earthquakes, floods, volcanoes, storms, or

19 other unavoidable causes; for contingency planning subse20 quent to actual oilspills; response and natural resource

21 damage assessment activities related to actual oilspills; for

22 the prevention, suppression, and control of actual or po23 tential grasshopper and Mormon cricket outbreaks on

24 lands under the jurisdiction of the Secretary, pursuant to

25 the authority in section 1773(b) of Public Law 99–198
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1 (99 Stat. 1658); for emergency reclamation projects under

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

3 any no year funds available to the Office of Surface Min4 ing Reclamation and Enforcement, such funds as may be

5 necessary to permit assumption of regulatory authority in

6 the event a primacy State is not carrying out the regu7 latory provisions of the Surface Mining Act: Provided,

8 That appropriations made in this title for fire suppression

9 purposes shall be available for the payment of obligations

10 incurred during the preceding fiscal year, and for reim11 bursement to other Federal agencies for destruction of ve12 hicles, aircraft, or other equipment in connection with

13 their use for fire suppression purposes, such reimburse14 ment to be credited to appropriations currently available

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

16 emergency rehabilitation and wildfire suppression activi17 ties, no funds shall be made available under this authority

18 until funds appropriated to ‘‘Wildland Fire Management’’

19 shall have been exhausted: Provided further, That all funds

20 used pursuant to this section are hereby designated by

21 Congress to be ‘‘emergency requirements’’ pursuant to

22 section 251(b)(2)(D) of the Balanced Budget and Emer23 gency Deficit Control Act of 1985, and must be replen24 ished by a supplemental appropriation which must be re25 quested as promptly as possible: Provided further, That
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1 such replenishment funds shall be used to reimburse, on

2 a pro rata basis, accounts from which emergency funds

3 were transferred.

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

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

6 similar facilities, wherever consolidation of activities will

7 contribute to efficiency or economy, and said appropria8 tions shall be reimbursed for services rendered to any

9 other activity in the same manner as authorized by sec10 tions 1535 and 1536 of title 31, United States Code: Pro11 vided, That reimbursements for costs and supplies, mate12 rials, equipment, and for services rendered may be cred13 ited to the appropriation current at the time such reim14 bursements are received.

15 SEC. 104. Appropriations made to the Department

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

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

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

19 maintenance, and operation of aircraft; hire of passenger

20 motor vehicles; purchase of reprints; payment for tele21 phone service in private residences in the field, when au22 thorized under regulations approved by the Secretary; and

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

24 for library membership in societies or associations which
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1 issue publications to members only or at a price to mem2 bers lower than to subscribers who are not members.

3 SEC. 105. Appropriations available to the Depart4 ment of the Interior for salaries and expenses shall be

5 available for uniforms or allowances therefor, as author6 ized by law (5 U.S.C. 5901–5902 and D.C. Code 4–204).

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

8 available for obligation in connection with contracts issued

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

10 months beginning at any time during the fiscal year.

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

12 Land and Water Conservation Fund for acquisition of

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

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

15 the following accounts: Bureau of Land Management,

16 Land acquisition, United States Fish and Wildlife Service,

17 Land acquisition, and National Park Service, Land acqui18 sition and State assistance. Use of such funds are subject

19 to the reprogramming guidelines of the House and Senate

20 Committees on Appropriations.

21 SEC. 108. Prior to the transfer of Presidio properties

22 to the Presidio Trust, when authorized, the Secretary may

not obligate in any calendar month more than 1 23 ⁄12 of the

24 fiscal year 1997 appropriation for operation of the Pre25 sidio: Provided, That prior to the transfer of any Presidio
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1 property to the Presidio Trust, the Secretary shall trans2 fer such funds as the Trust deems necessary to initiate

3 leasing and other authorized activities of the Trust: Pro4 vided further, That this section shall expire on September

5 30, 1997.

6 SEC. 109. 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. 110. 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. 111. No funds provided in this title may be ex21 pended by the Department of the Interior for the conduct

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

23 or other exploration activity, on lands within the North

24 Aleutian Basin planning area.
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1 SEC. 112. 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. 113. No funds provided in this title may be ex8 pended by the Department of the Interior for the conduct

9 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 SEC. 114. There is hereby established in the Treasury

14 a franchise fund pilot, as authorized by section 403 of

15 Public Law 103–356, to be available as provided in such

16 section for costs of capitalizing and operating administra17 tive services as the Secretary determines may be per18 formed more advantageously as central services: Provided,

19 That any inventories, equipment, and other assets pertain20 ing to the services to be provided by such fund, either on

21 hand or on order, less the related liabilities or unpaid obli22 gations, and any appropriations made prior to the current

23 year for the purpose of providing capital shall be used to

24 capitalize such fund: Provided further, That such fund

25 shall be paid in advance from funds available to the De-
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1 partment and other Federal agencies for which such cen2 tralized services are performed, at rates which will return

3 in full all expenses of operation, including accrued leave,

4 depreciation of fund plant and equipment, amortization of

5 automatic data processing (ADP) software and systems

6 (either acquired or donated) and an amount necessary to

7 maintain a reasonable operating reserve, as determined by

8 the Secretary: Provided further, That such fund shall pro9 vide services on a competitive basis: Provided further, That

10 an amount not to exceed four percent of the total annual

11 income to such fund may be retained in the fund for fiscal

12 year 1997 and each fiscal year thereafter, to remain avail13 able until expended, to be used for the acquisition of cap14 ital equipment, and for the improvement and implementa15 tion of Department financial management, ADP, and

16 other support systems: Provided further, That no later

17 than thirty days after the end of each fiscal year amounts

18 in excess of this reserve limitation shall be transferred to

19 the Treasury: Provided further, That such franchise fund

20 pilot shall terminate pursuant to section 403(f) of Public

21 Law 103–356.

22 SEC. 115. None of the funds in this Act or any other

23 Act may be used by the Secretary for the redesign of

24 Pennsylvania Avenue in front of the White House without
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1 the advance approval of the House and Senate Committees

2 on Appropriations.

3 SEC. 116. None of the funds made available in this

4 Act may be used by the Department of the Interior to

5 continue or enforce the designation of any critical habitat

6 for the marbled murrelet on private property in the State

7 of California, excluding approximately 3,000 acres of red8 wood forest commonly known as the ‘‘Headwaters Grove’’,

9 located in Humboldt County, California.

10 SEC. 117. None of the funds made available in this

11 Act may be used by the Bureau of Indian Affairs to trans12 fer any land into trust under section 5 of the Indian Reor13 ganization Act, 48 Stat, 985, 25 USC s. 465, or any other

14 federal statute that does not explicitly denominate and

15 identify a specific tribe or specific property, unless it has

16 been made known to the Secretary of Interior, or his or

17 her designee, that a binding agreement is in place between

18 the tribe that will have jurisdiction over the land to be

19 taken into trust and the appropriate state and local offi20 cial(s) and that such agreement provides, for as long as

21 the land is held in trust, for the collection and payment,

22 by any retail establishment located on the land to be taken

23 into trust, of State and local sales and excise taxes, includ24 ing any special tax on motor fuel, tobacco, or alcohol, on
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1 any retail item sold to any non-member of the tribe for

2 which the land is held in trust.

3 TITLE II—RELATED AGENCIES

4 DEPARTMENT OF AGRICULTURE

5 FOREST SERVICE

6 FOREST AND RANGELAND RESEARCH

7 For necessary expenses of forest and rangeland re8 search as authorized by law, $179,000,000, to remain

9 available until September 30, 1998: Provided, That unobli10 gated and unexpended balances remaining in this account

11 at the end of fiscal year 1996 shall be merged with and

12 made a part of the fiscal year 1997 Forest and Rangeland

13 Research appropriation.

14 STATE AND PRIVATE FORESTRY

15 For necessary expenses of cooperating with, and pro16 viding technical and financial assistance to States, Terri17 tories, possessions, and others and for forest pest manage18 ment activities, cooperative forestry and education and

19 land conservation activities, $148,884,000 to remain avail20 able until expended, as authorized by law.

21 NATIONAL FOREST SYSTEM

22 For necessary expenses of the Forest Service, not

23 otherwise provided for, for management, protection, im24 provement, and utilization of the National Forest System,

25 for ecosystem planning, inventory, and monitoring, and for
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1 administrative expenses associated with the management

2 of funds provided under the heads ‘‘Forest and Rangeland

3 Research,’’ ‘‘State and Private Forestry,’’ ‘‘National For4 est System,’’ ‘‘Wildland Fire Management,’’ ‘‘Reconstruc5 tion and Construction,’’ and ‘‘Land Acquisition,’’

6 $1,259,057,000 to remain available for obligation until

7 September 30, 1998, and including 50 per centum of all

8 monies received during the prior fiscal year as fees col9 lected under the Land and Water Conservation Fund Act

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

11 Act (16 U.S.C. 4601–6a(i)): Provided, That unobligated

12 and unexpended balances in the National Forest System

13 account at the end of fiscal year 1996, shall be merged

14 with and made a part of the fiscal year 1997 National

15 Forest System appropriation, and shall remain available

16 for obligation until September 30, 1998: Provided further,

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

18 road maintenance shall be available for the planned oblit19 eration of roads which are no longer needed.

20 WILDLAND FIRE MANAGEMENT

21 For necessary expenses for forest fire presuppression

22 activities on National Forest System lands, for emergency

23 fire suppression on or adjacent to such lands or other

24 lands under fire protection agreement, and for emergency

25 rehabilitation of burned over National Forest System
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1 lands, $411,485,000, to remain available until expended:

2 Provided, That unexpended balances of amounts pre3 viously appropriated under any other headings for Forest

4 Service fire activities are transferred to and merged with

5 this appropriation and subject to the same terms and con6 ditions: Provided further, That such funds are available

7 for repayment of advances from other appropriations ac8 counts previously transferred for such purposes.

9 RECONSTRUCTION AND CONSTRUCTION

10 For necessary expenses of the Forest Service, not

11 otherwise provided for, $164,100,000, to remain available

12 until expended for construction, reconstruction and acqui13 sition of buildings and other facilities, and for construc14 tion, reconstruction and repair of forest roads and trails

15 by the Forest Service as authorized by 16 U.S.C. 532–

16 538 and 23 U.S.C. 101 and 205: Provided, That not to

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

18 may be obligated for the construction of forest roads by

19 timber purchasers: Provided further, That funds appro20 priated under this head for the construction of the Wayne

21 National Forest Supervisor’s Office may be granted to the

22 Ohio State Highway Patrol, Ohio State Department of

23 Transportation, as the Federal share of the cost of con24 struction of a new facility to be jointly occupied by the

25 Forest Service and the Ohio State Highway Patrol: Pro26 vided further, That an agreed upon lease of space in the
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1 new facility shall be provided to the Forest Service without

2 charge for the life of the building.

3 LAND ACQUISITION

4 For expenses necessary to carry out the provisions

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

6 as amended (16 U.S.C. 4601–4–11), including adminis7 trative expenses, and for acquisition of land or waters, or

8 interest therein, in accordance with statutory authority

9 applicable to the Forest Service, $30,000,000, to be de10 rived from the Land and Water Conservation Fund, to

11 remain available until expended: Provided, That funding

12 for specific land acquisitions are subject to the approval

13 of the House and Senate Committees on Appropriations.

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
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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 159 passenger motor vehicles of which 14 will be

23 used primarily for law enforcement purposes and of which

24 149 shall be for replacement; acquisition of 10 passenger

25 motor vehicles from excess sources, and hire of such vehi-
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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 7 U.S.C. 2225, and not to exceed

8 $100,000 for employment under 5 U.S.C. 3109; (c) pur9 chase, erection, and alteration of buildings and other pub10 lic improvements (7 U.S.C. 2250); (d) acquisition of land,

11 waters, and interests therein, pursuant to 7 U.S.C. 428a;

12 (e) for expenses pursuant to the Volunteers in the Na13 tional Forest Act of 1972 (16 U.S.C 558a, 558d, 558a

14 note); and (f) for debt collection contracts in accordance

15 with 31 U.S.C. 3718(c).

16 None of the funds made available under this Act shall

17 be obligated or expended to change the boundaries of any

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

19 office, or to implement any reorganization, ‘‘reinvention’’

20 or other type of organizational restructuring of the Forest

21 Service without the consent of the House and Senate Com22 mittees on Appropriations.

23 Any appropriations or funds available to the Forest

24 Service may be advanced to the Wildland Fire Manage25 ment appropriation and may be used for forest firefighting
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1 and the emergency rehabilitation of burned-over lands

2 under its jurisdiction.

3 Funds appropriated to the Forest Service shall be

4 available for assistance to or through the Agency for Inter5 national Development and the Foreign Agricultural Serv6 ice in connection with forest and rangeland research, tech7 nical information, and assistance in foreign countries, and

8 shall be available to support forestry and related natural

9 resource activities outside the United States and its terri10 tories and possessions, including technical assistance, edu11 cation and training, and cooperation with United States

12 and international organizations.

13 None of the funds made available to the Forest Serv14 ice under this Act shall be subject to transfer under the

15 provisions of section 702(b) of the Department of Agri16 culture Organic Act of 1944 (7 U.S.C. 2257) or 7 U.S.C

17 147b unless the proposed transfer is approved in advance

18 by the House and Senate Committees on Appropriations

19 in compliance with the reprogramming procedures con20 tained in House Report 103–551.

21 None of the funds available to the Forest Service may

22 be reprogrammed without the advance approval of the

23 House and Senate Committees on Appropriations in ac24 cordance with the procedures contained in House Report

25 103–551.
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1 No funds appropriated to the Forest Service shall be

2 transferred to the Working Capital Fund of the Depart3 ment of Agriculture without the approval of the Chief of

4 the Forest Service.

5 Notwithstanding any other provision of the law, any

6 appropriations or funds available to the Forest Service

7 may be used to disseminate program information to pri8 vate and public individuals and organizations through the

9 use of nonmonetary items of nominal value and to provide

10 nonmonetary awards of nominal value and to incur nec11 essary expenses for the nonmonetary recognition of private

12 individuals and organizations that make contributions to

13 Forest Service programs.

14 Notwithstanding any other provision of law, money

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

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

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

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

19 permit applications and for costs incurred in monitoring

20 the construction, operation, maintenance, and termination

21 of any pipeline and related facilities, may be used to reim22 burse the applicable appropriation to which such costs

23 were originally charged.

24 Funds available to the Forest Service shall be avail25 able to conduct a program of not less than $1,000,000
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1 for high priority projects within the scope of the approved

2 budget which shall be carried out by the Youth Conserva3 tion Corps as authorized by the Act of August 13, 1970,

4 as amended by Public Law 93–408.

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

6 for timber sale preparation using clearcutting in hardwood

7 stands in excess of 25 percent of the fiscal year 1989 har8 vested volume in the Wayne National Forest, Ohio: Pro9 vided, That this limitation shall not apply to hardwood

10 stands damaged by natural disaster: Provided further,

11 That landscape architects shall be used to maintain a vis12 ually pleasing forest.

13 Any money collected from the States for fire suppres14 sion assistance rendered by the Forest Service on non15 Federal lands not in the vicinity of National Forest Sys16 tem lands shall be used to reimburse the applicable appro17 priation and shall remain available until expended as the

18 Secretary may direct in conducting activities authorized

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

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

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

22 reception and representation expenses.

23 Notwithstanding any other provision of law, the For24 est Service is authorized to employ or otherwise contract

25 with persons at regular rates of pay, as determined by the
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1 Service, to perform work occasioned by emergencies such

2 as fires, storms, floods, earthquakes or any other unavoid3 able cause without regard to Sundays, Federal holidays,

4 and the regular workweek.

5 To the greatest extent possible, and in accordance

6 with the Final Amendment to the Shawnee National For7 est Plan, none of the funds available in this Act shall be

8 used for preparation of timber sales using clearcutting or

9 other forms of even aged management in hardwood stands

10 in the Shawnee National Forest, Illinois.

11 Pursuant to sections 405(b) and 410(b) of Public

12 Law 101–593, funds up to $1,000,000 for matching funds

13 shall be available for the National Forest Foundation.

14 Funds appropriated to the Forest Service shall be

15 available for interactions with and providing technical as16 sistance to rural communities for sustainable rural devel17 opment purposes.

18 Notwithstanding any other provision of law, 80 per19 cent of the funds appropriated to the Forest Service in

20 the National Forest System and Construction accounts

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

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

23 land in the State of Washington may be granted directly

24 to the Washington State Department of Fish and Wildlife

25 for accomplishment of planned projects. Twenty percent
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1 of said funds shall be retained by the Forest Service for

2 planning and administering projects. Project selection and

3 prioritization shall be accomplished by the Forest Service

4 with such consultation with the State of Washington as

5 the Forest Service deems appropriate.

6 Funds appropriated to the Forest Service shall be

7 available for payments to counties within the Columbia

8 River Gorge National Scenic Area, pursuant to sections

9 14(c)(1) and (2), and section 16(a)(2) of Public Law 99–

10 663.

11 DEPARTMENT OF ENERGY

12 FOSSIL ENERGY RESEARCH AND DEVELOPMENT

13 For necessary expenses in carrying out fossil energy

14 research and development activities, under the authority

15 of the Department of Energy Organization Act (Public

16 Law 95–91), including the acquisition of interest, includ17 ing defeasible and equitable interests in any real property

18 or any facility or for plant or facility acquisition or expan19 sion, and for conducting inquiries, technological investiga20 tions and research concerning the extraction, processing,

21 use, and disposal of mineral substances without objection22 able social and environmental costs (30 U.S.C. 3, 1602,

23 and 1603), performed under the minerals and materials

24 science programs at the Albany Research Center in Or25 egon, $358,754,000, to remain available until expended:
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1 Provided, That no part of the sum herein made available

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

3 the recovery of oil and gas.

4 ALTERNATIVE FUELS PRODUCTION

5 (INCLUDING TRANSFER AND RESCISSION OF FUNDS)

6 Monies received as investment income on the prin7 cipal amount in the Great Plains Project Trust at the

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

9 earned as of October 1, 1996, shall be deposited in this

10 account and immediately transferred to the General Fund

11 of the Treasury. Monies received as revenue sharing from

12 the operation of the Great Plains Gasification Plant shall

13 be immediately transferred to the General Fund of the

14 Treasury. Funds are hereby rescinded in the amount of

15 $2,500,000 from unobligated balances under this head.

16 NAVAL PETROLEUM AND OIL SHALE RESERVES

17 For necessary expenses in carrying out naval petro18 leum and oil shale reserve activities, $143,786,000, to re19 main available until expended: Provided, That the require20 ments of 10 U.S.C. 7430(b)(2)(B) shall not apply to fiscal

21 year 1997.

22 ENERGY CONSERVATION

23 For necessary expenses in carrying out energy con24 servation activities, $499,680,000, to remain available

25 until expended, including, notwithstanding any other pro-
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1 vision of law, the excess amount for fiscal year 1997 deter2 mined under the provisions of section 3003(d) of Public

3 Law 99–509 (15 U.S.C. 4502): Provided, That

4 $125,000,000 shall be for use in energy conservation pro5 grams as defined in section 3008(3) of Public Law 99–

6 509 (15 U.S.C. 4507) and shall not be available until ex7 cess amounts are determined under the provisions of sec8 tion 3003(d) of Public Law 99–509 (15 U.S.C. 4502):

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

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

11 eligible programs as follows: $100,000,000 for weatheriza12 tion assistance grants and $25,000,000 for State energy

13 conservation grants.

14 ECONOMIC REGULATION

15 For necessary expenses in carrying out the activities

16 of the Office of Hearing and Appeals, $2,725,000, to re17 main available until expended.

18 STRATEGIC PETROLEUM RESERVE

19 (INCLUDING TRANSFER OF FUNDS)

20 For necessary expenses for Strategic Petroleum Re21 serve facility development and operations and program

22 management activities pursuant to the Energy Policy and

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

24 et seq.), $220,000,000, to remain available until expended,

25 of which $220,000,000 shall be repaid from the ‘‘SPR Op-
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1 erating Fund’’ from amounts made available from the sale

2 of oil from the Reserve: Provided, That notwithstanding

3 section 161 of the Energy Policy and Conservation Act,

4 the Secretary shall draw down and sell in fiscal year 1997

5 $220,000,000 worth of oil from the Strategic Petroleum

6 Reserve: Provided further, That the proceeds from the sale

7 shall be deposited into a special account in the Treasury,

8 to be established and known as the ‘‘SPR Operating

9 Fund’’, and shall, upon receipt, be transferred to the Stra10 tegic Petroleum Reserve account for operations of the

11 Strategic Petroleum Reserve: Provided further, That not12 withstanding any other provision of law, the proceeds from

13 the sale shall be included in the budget baseline required

14 by the Balanced Budget and Emergency Deficit Control

15 Act of 1985 and shall be counted as an offset to discre16 tionary budget authority and outlays for the purposes of

17 section 251(a)(7) of that Act.

18 SPR PETROLEUM ACCOUNT

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

20 States share of crude oil in Naval Petroleum Reserve

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

22 of to other than the Strategic Petroleum Reserve: Pro23 vided, That outlays in fiscal year 1997 resulting from the

24 use of funds in this account shall not exceed $5,000,000.
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1 ENERGY INFORMATION ADMINISTRATION

2 For necessary expenses in carrying out the activities

3 of the Energy Information Administration, $66,120,000

4 to remain available until expended.

5 ADMINISTRATIVE PROVISIONS, DEPARTMENT OF ENERGY

6 Appropriations under this Act for the current fiscal

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

8 hire, maintenance, and operation of aircraft; purchase, re9 pair, and cleaning of uniforms; and reimbursement to the

10 General Services Administration for security guard serv11 ices.

12 From appropriations under this Act, transfers of

13 sums may be made to other agencies of the Government

14 for the performance of work for which the appropriation

15 is made.

16 None of the funds made available to the Department

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

18 finance authorized price support or loan guarantee pro19 grams unless specific provision is made for such programs

20 in an appropriations Act.

21 The Secretary is authorized to accept lands, build22 ings, equipment, and other contributions from public and

23 private sources and to prosecute projects in cooperation

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

25 Provided, That revenues and other moneys received by or
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1 for the account of the Department of Energy or otherwise

2 generated by sale of products in connection with projects

3 of the Department appropriated under this Act may be

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

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

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

7 in appropriate cost-sharing contracts or agreements: Pro8 vided further, That the remainder of revenues after the

9 making of such payments shall be covered into the Treas10 ury as miscellaneous receipts: Provided further, That any

11 contract, agreement, or provision thereof entered into by

12 the Secretary pursuant to this authority shall not be exe13 cuted prior to the expiration of 30 calendar days (not in14 cluding any day in which either House of Congress is not

15 in session because of adjournment of more than three cal16 endar days to a day certain) from the receipt by the

17 Speaker of the House of Representatives and the Presi18 dent of the Senate of a full comprehensive report on such

19 project, including the facts and circumstances relied upon

20 in support of the proposed project.

21 No funds provided in this Act may be expended by

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

23 procurement documents for programs or projects for

24 which appropriations have not been made.
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1 In addition to other authorities set forth in this Act,

2 the Secretary may accept fees and contributions from pub3 lic and private sources, to be deposited in a contributed

4 funds account, and prosecute projects using such fees and

5 contributions in cooperation with other Federal, State or

6 private agencies or concerns.

7 DEPARTMENT OF HEALTH AND HUMAN

8 SERVICES

9 INDIAN HEALTH SERVICE

10 INDIAN HEALTH SERVICES

11 For expenses necessary to carry out the Act of Au12 gust 5, 1954 (68 Stat. 674), the Indian Self-Determina13 tion Act, the Indian Health Care Improvement Act, and

14 titles II and III of the Public Health Service Act with re15 spect to the Indian Health Service, $1,779,561,000, to16 gether with payments received during the fiscal year pur17 suant to 42 U.S.C. 238(b) for services furnished by the

18 Indian Health Service: Provided, That funds made avail19 able to tribes and tribal organizations through contracts,

20 grant agreements, or any other agreements or compacts

21 authorized by the Indian Self-Determination and Edu22 cation Assistance Act of 1975 (25 U.S.C. 450), shall be

23 deemed to be obligated at the time of the grant or contract

24 award and thereafter shall remain available to the tribe

25 or tribal organization without fiscal year limitation: Pro-
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1 vided further, That $12,000,000 shall remain available

2 until expended, for the Indian Catastrophic Health Emer3 gency Fund: Provided further, That $353,125,000 for con4 tract medical care shall remain available for obligation

5 until September 30, 1998: Provided further, That of the

6 funds provided, not less than $11,306,000 shall be used

7 to carry out the loan repayment program under section

8 108 of the Indian Health Care Improvement Act: Provided

9 further, That funds provided in this Act may be used for

10 one-year contracts and grants which are to be performed

11 in two fiscal years, so long as the total obligation is re12 corded in the year for which the funds are appropriated:

13 Provided further, That the amounts collected by the Sec14 retary of Health and Human Services under the authority

15 of title IV of the Indian Health Care Improvement Act

16 shall remain available until expended for the purpose of

17 achieving compliance with the applicable conditions and

18 requirements of titles XVIII and XIX of the Social Secu19 rity Act (exclusive of planning, design, or construction of

20 new facilities): Provided further, That of the funds pro21 vided, $7,500,000 shall remain available until expended,

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

23 available for the transitional costs of initial or expanded

24 tribal contracts, grants or cooperative agreements with the

25 Indian Health Service under the provisions of the Indian
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1 Self-Determination Act: Provided further, That funding

2 contained herein, and in any earlier appropriations Acts

3 for scholarship programs under the Indian Health Care

4 Improvement Act (25 U.S.C. 1613) shall remain available

5 for obligation until September 30, 1998: Provided further,

6 That amounts received by tribes and tribal organizations

7 under title IV of the Indian Health Care Improvement Act

8 shall be reported and accounted for and available to the

9 receiving tribes and tribal organizations until expended.

10 INDIAN HEALTH FACILITIES

11 For construction, repair, maintenance, improvement,

12 and equipment of health and related auxiliary facilities,

13 including quarters for personnel; preparation of plans,

14 specifications, and drawings; acquisition of sites, purchase

15 and erection of modular buildings, and purchases of trail16 ers; and for provision of domestic and community sanita17 tion facilities for Indians, as authorized by section 7 of

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

19 Self-Determination Act, and the Indian Health Care Im20 provement Act, and for expenses necessary to carry out

21 such Acts and titles II and III of the Public Health Serv22 ice Act with respect to environmental health and facilities

23 support activities of the Indian Health Service,

24 $227,701,000, to remain available until expended: Pro25 vided, That notwithstanding any other provision of law,
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1 funds appropriated for the planning, design, construction

2 or renovation of health facilities for the benefit of an In3 dian tribe or tribes may be used to purchase land for sites

4 to construct, improve, or enlarge health or related facili5 ties.

6 ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE

7 Appropriations in this Act to the Indian Health Serv8 ice shall be available for services as authorized by 5 U.S.C.

9 3109 but at rates not to exceed the per diem rate equiva10 lent to the maximum rate payable for senior-level positions

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

12 aircraft; purchase of medical equipment; purchase of re13 prints; purchase, renovation and erection of modular

14 buildings and renovation of existing facilities; payments

15 for telephone service in private residences in the field,

16 when authorized under regulations approved by the Sec17 retary; and for uniforms or allowances therefore as au18 thorized by 5 U.S.C. 5901–5902; and for expenses of at19 tendance at meetings which are concerned with the func20 tions or activities for which the appropriation is made or

21 which will contribute to improved conduct, supervision, or

22 management of those functions or activities: Provided,

23 That in accordance with the provisions of the Indian

24 Health Care Improvement Act, non-Indian patients may

25 be extended health care at all tribally administered or In-
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1 dian Health Service facilities, subject to charges, and the

2 proceeds along with funds recovered under the Federal

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

4 credited to the account of the facility providing the service

5 and shall be available without fiscal year limitation: Pro6 vided further, That notwithstanding any other law or regu7 lation, funds transferred from the Department of Housing

8 and Urban Development to the Indian Health Service

9 shall be administered under Public Law 86–121 (the In10 dian Sanitation Facilities Act) and Public Law 93–638,

11 as amended: Provided further, That funds appropriated to

12 the Indian Health Service in this Act, except those used

13 for administrative and program direction purposes, shall

14 not be subject to limitations directed at curtailing Federal

15 travel and transportation: Provided further, That the In16 dian Health Service shall neither bill nor charge those In17 dians who may have the economic means to pay unless

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

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

20 to implement such a policy: Provided further, That not21 withstanding any other provision of law, funds previously

22 or herein made available to a tribe or tribal organization

23 through a contract, grant, or agreement authorized by

24 title I or title III of the Indian Self-Determination and

25 Education Assistance Act of 1975 (25 U.S.C. 450), may
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1 be deobligated and reobligated to a self-determination con2 tract under title I, or a self-governance agreement under

3 title III of such Act and thereafter shall remain available

4 to the tribe or tribal organization without fiscal year limi5 tation: Provided further, That none of the funds made

6 available to the Indian Health Service in this Act shall

7 be used to implement the final rule published in the Fed8 eral Register on September 16, 1987, by the Department

9 of Health and Human Services, relating to the eligibility

10 for the health care services of the Indian Health Service

11 until the Indian Health Service has submitted a budget

12 request reflecting the increased costs associated with the

13 proposed final rule, and such request has been included

14 in an appropriations Act and enacted into law: Provided

15 further, That funds made available in this Act are to be

16 apportioned to the Indian Health Service as appropriated

17 in this Act, and accounted for in the appropriation struc18 ture set forth in this Act: Provided further, That funds

19 received from any source, including tribal contractors and

20 compactors for previously transferred functions which

21 tribal contractors and compactors no longer wish to retain,

22 for services, goods, or training and technical assistance,

23 shall be retained by the Indian Health Service and shall

24 remain available until expended by the Indian Health

25 Service: Provided further, That reimbursements for train-
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1 ing, technical assistance, or services provided by the In2 dian Health Service will contain total costs, including di3 rect, administrative, and overhead associated with the pro4 vision of goods, services, or technical assistance: Provided

5 further, That the appropriation structure for the Indian

6 Health Service may not be altered without advance ap7 proval of the House and Senate Committees on Appropria8 tions.

9 DEPARTMENT OF EDUCATION

10 OFFICE OF ELEMENTARY AND SECONDARY EDUCATION

11 INDIAN EDUCATION

12 For necessary expenses to carry out, to the extent

13 not otherwise provided, title IX, part A of the Elementary

14 and Secondary Education Act of 1965, as amended, and

15 section 215 of the Department of Education Organization

16 Act, $52,500,000.

17 OTHER RELATED AGENCIES

18 OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION

19 SALARIES AND EXPENSES

20 For necessary expenses of the Office of Navajo and

21 Hopi Indian Relocation as authorized by Public Law 93–

22 531, $20,345,000, to remain available until expended:

23 Provided, That funds provided in this or any other appro24 priations Act are to be used to relocate eligible individuals

25 and groups including evictees from District 6, Hopi-parti-
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1 tioned lands residents, those in significantly substandard

2 housing, and all others certified as eligible and not in3 cluded in the preceding categories: Provided further, That

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

5 be used by the Office of Navajo and Hopi Indian Reloca6 tion to evict any single Navajo or Navajo family who, as

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

8 lands partitioned to the Hopi Tribe unless a new or re9 placement home is provided for such household: Provided

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

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

12 Office shall relocate any certified eligible relocatees who

13 have selected and received an approved homesite on the

14 Navajo reservation or selected a replacement residence off

15 the Navajo reservation or on the land acquired pursuant

16 to 25 U.S.C. 640d–10.

17 INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE

18 CULTURE AND ARTS DEVELOPMENT

19 PAYMENT TO THE INSTITUTE

20 For payment to the Institute of American Indian and

21 Alaska Native Culture and Arts Development, as author22 ized by title XV of Public Law 99–498, as amended (20

23 U.S.C. 56, part A), $5,500,000.
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1 SMITHSONIAN INSTITUTION

2 SALARIES AND EXPENSES

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

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

6 documentation of the National Collections; presentation of

7 public exhibits and performances; collection, preparation,

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

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

12 buildings, facilities, and approaches; not to exceed

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

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

16 $317,188,000, of which not to exceed $31,664,000 for the

17 instrumentation program, collections acquisition, Museum

18 Support Center equipment and move, exhibition reinstalla19 tion, the National Museum of the American Indian, the

20 repatriation of skeletal remains program, research equip21 ment, information management, and Latino programming

22 shall remain available until expended, and including such

23 funds as may be necessary to support American overseas

24 research centers and a total of $125,000 for the Council

25 of American Overseas Research Centers: Provided, That
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1 funds appropriated herein are available for advance pay2 ments to independent contractors performing research

3 services or participating in official Smithsonian presen4 tations.

5 CONSTRUCTION AND IMPROVEMENTS, NATIONAL

6 ZOOLOGICAL PARK

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

9 National Zoological Park, by contract or otherwise,

10 $3,250,000, to remain available until expended.

11 REPAIR AND RESTORATION OF BUILDINGS

12 For necessary expenses of repair and restoration of

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

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

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

17 U.S.C. 3109, $39,954,000, to remain available until ex18 pended: Provided, That contracts awarded for environ19 mental systems, protection systems, and exterior repair or

20 restoration of buildings of the Smithsonian Institution

21 may be negotiated with selected contractors and awarded

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

23 CONSTRUCTION

24 For necessary expenses for construction, $7,000,000,

25 to remain available until expended.
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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, $53,899,000, of which not to exceed $3,026,000 for
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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, $5,942,000, 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, $10,875,000.

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 $9,000,000, to remain available until expended.
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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, $5,840,000.

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 the Humanities Act of 1965,

14 as amended, $82,734,000, shall be available to the Na15 tional Endowment for the Arts for the support of projects

16 and productions in the arts through assistance to organi17 zations and individuals pursuant to section 5(c) of the Act,

18 and for administering the functions of the Act, to remain

19 available until expended.

20 MATCHING GRANTS

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

22 National Foundation on the Arts and the Humanities Act

23 of 1965, as amended, $16,760,000, to remain available

24 until expended, to the National Endowment for the Arts:

25 Provided, That this appropriation shall be available for ob26 ligation only in such amounts as may be equal to the total
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1 amounts of gifts, bequests, and devises of money, and

2 other property accepted by the Chairman or by grantees

3 of the Endowment under the provisions of section

4 10(a)(2), subsections 11(a)(2)(A) and 11(a)(3)(A) during

5 the current and preceding fiscal years for which equal

6 amounts have not previously been appropriated.

7 NATIONAL ENDOWMENT FOR THE HUMANITIES

8 GRANTS AND ADMINISTRATION

9 For necessary expenses to carry out the National

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

11 as amended, $92,994,000 shall be available to the Na12 tional Endowment for the Humanities for support of ac13 tivities in the humanities, pursuant to section 7(c) of the

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

15 remain available until expended.

16 MATCHING GRANTS

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

18 National Foundation on the Arts and the Humanities Act

19 of 1965, as amended, $11,500,000, to remain available

20 until expended, of which $7,500,000 shall be available to

21 the National Endowment for the Humanities for the pur22 poses of section 7(h): Provided, That this appropriation

23 shall be available for obligation only in such amounts as

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

25 devises of money, and other property accepted by the

26 Chairman or by grantees of the Endowment under the
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1 provisions of subsections 11(a)(2)(B) and 11(a)(3)(B)

2 during the current and preceding fiscal years for which

3 equal amounts have not previously been appropriated.

4 INSTITUTE OF MUSEUM SERVICES

5 GRANTS AND ADMINISTRATION

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

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

8 to remain available until expended.

9 ADMINISTRATIVE PROVISIONS

10 None of the funds appropriated to the National

11 Foundation on the Arts and the Humanities may be used

12 to process any grant or contract documents which do not

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

14 of the funds appropriated to the National Foundation on

15 the Arts and the Humanities may be used for official re16 ception and representation expenses.

17 COMMISSION OF FINE ARTS

18 SALARIES AND EXPENSES

19 For expenses made necessary by the Act establishing

20 a Commission of Fine Arts (40 U.S.C. 104), $867,000.

21 NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS

22 For necessary expenses as authorized by Public Law

23 99–190 (20 U.S.C. 956(a)), as amended, $6,000,000.
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1 ADVISORY COUNCIL ON HISTORIC PRESERVATION

2 SALARIES AND EXPENSES

3 For necessary expenses of the Advisory Council on

4 Historic Preservation (Public Law 89–665, as amended),

5 $2,500,000: Provided, That none of these funds shall be

6 available for the compensation of Executive Level V or

7 higher position.

8 NATIONAL CAPITAL PLANNING COMMISSION

9 SALARIES AND EXPENSES

10 For necessary expenses, as authorized by the Na11 tional Capital Planning Act of 1952 (40 U.S.C 71–71i),

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

13 $5,390,000: Provided, That all appointed members will be

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

15 Schedule Level IV.

16 FRANKLIN DELANO ROOSEVELT MEMORIAL COMMISSION

17 SALARIES AND EXPENSES

18 For necessary expenses of the Franklin Delano Roo19 sevelt Memorial Commission, established by the Act of Au20 gust 11, 1955 (69 Stat. 694), as amended by Public Law

21 92–332 (86 Stat. 401), $125,000.

22 UNITED STATES HOLOCAUST MEMORIAL COUNCIL

23 HOLOCAUST MEMORIAL COUNCIL

24 For expenses of the Holocaust Memorial Council, as

25 authorized by Public Law 96–388 (36 U.S.C. 1401), as
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1 amended, $29,707,000, of which $1,575,000 for the Muse2 um’s repair and rehabilitation program and $1,264,000

3 for the Museum’s exhibitions program shall remain avail4 able until expended.

5 TITLE III—GENERAL PROVISIONS

6 SEC. 301. The expenditure of any appropriation

7 under this Act for any consulting service through procure8 ment contract, pursuant to 5 U.S.C. 3109, shall be limited

9 to those contracts where such expenditures are a matter

10 of public record and available for public inspection, except

11 where otherwise provided under existing law, or under ex12 isting Executive Order issued pursuant to existing law.

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

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

15 the Secretary of Agriculture for the leasing of oil and nat16 ural gas by noncompetitive bidding on publicly owned

17 lands within the boundaries of the Shawnee National For18 est, Illinois: Provided, That nothing herein is intended to

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

20 to minerals owned by private individuals.

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

22 this Act shall be available for any activity or the publica23 tion or distribution of literature that in any way tends to

24 promote public support or opposition to any legislative

25 proposal on which congressional action is not complete.
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1 SEC. 304. No part of any appropriation contained in

2 this Act shall remain available for obligation beyond the

3 current fiscal year unless expressly so provided herein.

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

5 any department or agency shall be obligated or expended

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

7 servants to any officer or employee of such department

8 or agency except as otherwise provided by law.

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

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

11 this Act unless advance notice of such assessments and

12 the basis therefor are presented to the Committees on Ap13 propriations and are approved by such Committees.

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

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

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

17 expending the funds the entity will comply with sections

18 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a–

19 10c; popularly known as the ‘‘Buy American Act’’).

20 (b) SENSE OF CONGRESS; REQUIREMENT REGARD21 ING NOTICE.—

22 (1) PURCHASE OF AMERICAN-MADE EQUIPMENT

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

24 product that may be authorized to be purchased

25 with financial assistance provided using funds made
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1 available in this Act, it is the sense of the Congress

2 that entities receiving the assistance should, in ex3 pending the assistance, purchase only American4 made equipment and products.

5 (2) NOTICE TO RECIPIENTS OF ASSISTANCE.—

6 In providing financial assistance using funds made

7 available in this Act, the head of each Federal agen8 cy shall provide to each recipient of the assistance

9 a notice describing the statement made in paragraph

10 (1) by the Congress.

11 (c) PROHIBITION OF CONTRACTS WITH PERSONS

12 FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—

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

14 agency that any person intentionally affixed a label bear15 ing a ‘‘Made in America’’ inscription, or any inscription

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

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

18 States, the person shall be ineligible to receive any con19 tract or subcontract made with funds made available in

20 this Act, pursuant to the debarment, suspension, and ineli21 gibility procedures described in sections 9.400 through

22 9.409 of title 48, Code of Federal Regulations.

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

24 to plan, prepare, or offer for sale timber from trees classi25 fied as giant sequoia (Sequoiadendron giganteum) which
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1 are located on National Forest System or Bureau of Land

2 Management lands in a manner different than such sales

3 were conducted in fiscal year 1995.

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

5 Act may be obligated or expended by the National Park

6 Service to enter into or implement a concession contract

7 which permits or requires the removal of the underground

8 lunchroom at the Carlsbad Caverns National Park.

9 SEC. 310. Where the actual costs of construction

10 projects under self-determination contracts, compacts, or

11 grants, pursuant to Public Laws 93–638, 103–413, or

12 100–297, are less than the estimated costs thereof, use

13 of the resulting excess funds shall be determined by the

14 appropriate Secretary after consultation with the tribes.

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

16 quarterly payments of funds to tribes and tribal organiza17 tions under annual funding agreements pursuant to sec18 tion 108 of Public Law 93–638, as amended, may be made

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

20 quarter.

21 SEC. 312. None of the funds appropriated or other22 wise made available by this Act may be used for the

23 AmeriCorps program, unless the relevant agencies of the

24 Department of the Interior and/or Agriculture follow ap25 propriate reprogramming guidelines: Provided, That if no
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1 funds are provided for the AmeriCorps program by the

2 VA–HUD and Independent Agencies fiscal year 1997 ap3 propriations bill, then none of the funds appropriated or

4 otherwise made available by this Act may be used for the

5 AmeriCorps programs.

6 SEC. 313. None of the funds made available in this

7 Act may be used (1) to demolish the bridge between Jersey

8 City, New Jersey, and Ellis Island; or (2) to prevent pe9 destrian use of such bridge, when it is made known to

10 the Federal official having authority to obligate or expend

11 such funds that such pedestrian use is consistent with gen12 erally accepted safety standards.

13 SEC. 314. (a) None of the funds appropriated or oth14 erwise made available pursuant to this Act shall be obli15 gated or expended to accept or process applications for

16 a patent for any mining or mill site claim located under

17 the general mining laws.

18 (b) The provisions of subsection (a) shall not apply

19 if the Secretary of the Interior determines that, for the

20 claim concerned: (1) a patent application was filed with

21 the Secretary on or before September 30, 1994, and (2)

22 all requirements established under sections 2325 and 2326

23 of the Revised Statutes (30 U.S.C. 29 and 30) for vein

24 or lode claims and sections 2329, 2330, 2331, and 2333

25 of the Revised Statutes (30 U.S.C. 35, 36, and 37) for
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1 placer claims, and section 2337 of the Revised Statutes

2 (30 U.S.C. 42) for mill site claims, as the case may be,

3 were fully complied with by the applicant by that date.

4 (c) PROCESSING SCHEDULE.—For those applications

5 for patents pursuant to subsection (b) which were filed

6 with the Secretary of the Interior, prior to September 30,

7 1994, the Secretary of the Interior shall—

8 (1) Within three months of the enactment of

9 this Act, file with the House and Senate Committees

10 on Appropriations and the Committee on Resources

11 of the House of Representatives and the Committee

12 on Energy and Natural Resources of the United

13 States Senate a plan which details how the Depart14 ment of the Interior will make a final determination

15 as to whether or not an applicant is entitled to a

16 patent under the general mining laws on at least 90

17 percent of such applications within five years of the

18 enactment of this Act and file reports annually

19 thereafter with the same committees detailing ac20 tions taken by the Department of the Interior to

21 carry out such plan; and

22 (2) Take such actions as may be necessary to

23 carry out such plan.

24 (d) MINERAL EXAMINATIONS.—In order to process

25 patent applications in a timely and responsible manner,
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1 upon the request of a patent applicant, the Secretary of

2 the Interior shall allow the applicant to fund a qualified

3 third-party contractor to be selected by the Bureau of

4 Land Management to conduct a mineral examination of

5 the mining claims or mill sites contained in a patent appli6 cation as set forth in subsection (b). The Bureau of Land

7 Management shall have the sole responsibility to choose

8 and pay the third-party contractor in accordance with the

9 standard procedures employed by the Bureau of Land

10 Management in the retention of third-party contractors.

11 SEC. 315. 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 SEC. 316. Of the funds provided to the National En16 dowment for the Arts:

17 (a) The Chairperson shall only award a grant

18 to an individual if such grant is awarded to such in19 dividual for a literature fellowship, National Herit20 age Fellowship, or American Jazz Masters Fellow21 ship.

22 (b) The Chairperson shall establish procedures

23 to ensure that no funding provided through a grant,

24 except a grant made to a State, regional or local

25 group, may be used to make a grant to any other
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1 organization or individual to conduct activity inde2 pendent of the direct grant recipient. Nothing in this

3 subsection shall prohibit payments made in exchange

4 for goods and services.

5 (c) No grant shall be used for seasonal support

6 to a group, unless the application is specific to the

7 contents of the season, including identified programs

8 and/or projects.

9 SEC. 317. The United States Forest Service approval

10 of Alternative site 2 (ALT 2), issued on December 6,

11 1993, is hereby authorized and approved and shall be

12 deemed to be consistent with, and permissible under, the

13 terms of Public Law 100–696 (the Arizona-Idaho Con14 servation Act of 1988).

15 SEC. 318. None of the funds made available to the

16 Department of the Interior or the Department of Agri17 culture by this or any other Act may be used to issue or

18 implement final regulations, rules, or policies pursuant to

19 title VIII of the Alaska National Interest Lands Conserva20 tion Act to assert jurisdiction, management, or control

21 over navigable waters transferred to the State of Alaska

22 pursuant to the Submerged Lands Act of 1953 or the

23 Alaska Statehood Act of 1959.

24 SEC. 319. No funds appropriated under this or any

25 other Act shall be used to review or modify sourcing areas
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1 previously approved under section 490(c)(3) of the Forest

2 Resources Conservation and Shortage Relief Act of 1990

3 (Public Law 101–382) or to enforce or implement Federal

4 regulations 36 CFR part 223 promulgated on September

5 8, 1995. The regulations and interim rules in effect prior

6 to September 8, 1995 (36 CFR 223.48, 36 CFR 223.87,

7 36 CFR 223 subpart D, 36 CFR 223 subpart F, and 36

8 CFR 261.6) shall remain in effect. The Secretary of Agri9 culture or the Secretary of the Interior shall not adopt

10 any policies concerning Public Law 101–382 or existing

11 regulations that would restrain domestic transportation or

12 processing of timber from private lands or impose addi13 tional accountability requirements on any timber. The Sec14 retary of Commerce shall extend until September 30,

15 1997, the order issued under section 491(b)(2)(A) of Pub16 lic Law 101–382 and shall issue an order under section

17 491(b)(2)(B) of such law that will be effective October 1,

18 1997.

19 SEC. 320. Section 101(c) of Public Law 104–134 is

20 amended as follows: Under the heading ‘‘Title III—Gen21 eral Provisions’’ amend section 315(f) by striking ‘‘Sep22 tember 30, 1998’’ and inserting in lieu thereof ‘‘Septem23 ber 30, 1999’’ and by striking ‘‘September 30, 2001’’ and

24 inserting in lieu thereof ‘‘September 30, 2002’’.
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1 This Act may be cited as the ‘‘Department of the In2 terior and Related Agencies Appropriations Act, 1997’’.
Union Calendar No. 313

104TH CONGRESS

2D SESSION H. R. 3662

[Report No. 104–625]

A BILL

Making appropriations for the Department of the

poses.ending September 30, 1997, and for other purInterior and related agencies for the fiscal year

JUNE 18, 1996

Committed to the Committee of the Whole House on

the State of the Union and ordered to be printed