II

Calendar No. 495

104TH CONGRESS

2D SESSION H. R. 3662

[Report No. 104–319]

IN THE SENATE OF THE UNITED STATES

JUNE 21, 1996

Received; read twice and referred to the Committee on Appropriations

JULY 16, 1996

Reported by Mr. GORTON, with amendments

[Omit the part struck through and insert the part printed in italic]

AN ACT

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 $578,692,000, to re14 main available until expended, of which $2,000,000

15 $2,010,000 shall be available for assessment of the mineral

16 potential of public lands in Alaska pursuant to section

17 1010 of Public Law 96–487 (16 U.S.C. 3150); and of

18 which $3,000,000 shall be derived from the special receipt

19 account established by the Land and Water Conservation

20 Act of 1965, as amended (16 U.S.C. 460l–6a(i)); and of

21 which $1,000,000 shall be available in fiscal year 1997

22 subject to a match by at least an equal amount by the

23 National Fish and Wildlife Foundation, to such Founda24 tion for challenge cost share projects supporting fish and

25 wildlife conservation affecting Bureau lands; in addition,
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1 $27,300,000 for Mining Law Administration program op2 erations, to remain available until expended, to be reduced

3 by amounts collected by the Bureau and credited to this

4 appropriation from annual mining claim fees so as to re5 sult in a final appropriation estimated at not more than

6 $566,514,000 $578,692,000; and in addition, not to exceed

7 $5,000,000, to remain available until expended, from an8 nual mining claim fees; which shall be credited to this ac9 count for the costs of administering the mining claim fee

10 program, and $2,000,000 from communication site rental

11 fees established by the Bureau for the cost of administer12 ing communication site activities: Provided, That appro13 priations herein made shall not be available for the de14 struction of healthy, unadopted, wild horses and burros

15 in the care of the Bureau or its contractors: Provided fur16 ther, That in fiscal year 1997 and thereafter, all fees, ex17 cluding mining claim fees, in excess of the fiscal year 1996

18 collections established by the Secretary of the Interior

19 under the authority of 43 U.S.C. 1734 for processing, re20 cording, or documenting authorizations to use public lands

21 or public land natural resources (including cultural, his22 torical, and mineral) and for providing specific services to

23 public land users, and which are not presently being cov24 ered into any Bureau of Land Management appropriation

25 accounts, and not otherwise dedicated by law for a specific
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1 distribution, shall be made immediately available for pro2 gram operations in this account and remain available until

3 expended.

4 WILDLAND FIRE MANAGEMENT

5 For necessary expenses for fire use and management,

6 fire preparedness, suppression operations, and emergency

7 rehabilitation by the Department of the Interior,

8 $247,924,000 $264,609,000, to remain available until ex9 pended, of which not to exceed $5,025,000 shall be for

10 the renovation or construction of fire facilities: Provided,

11 That such funds are also available for repayment of ad12 vances to other appropriation accounts from which funds

13 were previously transferred for such purposes: Provided

14 further, That persons hired pursuant to 43 U.S.C. 1469

15 may be furnished subsistence and lodging without costs

16 from funds available from this appropriation: Provided

17 further, That unobligated balances of amounts previously

18 appropriated to the ‘‘Fire Protection’’ and ‘‘Emergency

19 Department of the Interior Firefighting Fund’’ may be

20 transferred to this appropriation.

21 CENTRAL HAZARDOUS MATERIALS FUND

22 For necessary expenses of the Department of the In23 terior and any of its component offices and bureaus for

24 the remedial action, including associated activities, of haz25 ardous waste substances, pollutants, or contaminants pur-
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1 suant to the Comprehensive Environmental Response,

2 Compensation and Liability Act, as amended (42 U.S.C.

3 9601 et seq.), $12,000,000, to remain available until ex4 pended: Provided, That notwithstanding 31 U.S.C. 3302,

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

6 as reimbursement for remedial action or response activi7 ties conducted by the Department pursuant to sections

8 107 or 113(f) of such Act, shall be credited to this account

9 to be available until expended without further appropria10 tion: Provided further, That such sums recovered from or

11 paid by any party are not limited to monetary payments

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

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

14 disposed of by the Secretary and which shall be credited

15 to this account.

16 CONSTRUCTION

17 For construction of buildings, recreation facilities,

18 roads, trails, and appurtenant facilities, $3,103,000

19 $4,333,000, to remain available until expended.

20 PAYMENTS IN LIEU OF TAXES

21 For expenses necessary to implement the Act of Octo22 ber 20, 1976, as amended (31 U.S.C. 6901–07),

23 $113,500,000 $115,000,000, of which not to exceed

24 $400,000 shall be 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 $14,060,000, to be derived

6 from the Land and Water Conservation Fund, to remain

7 available until 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 $102,656,000,

18 to remain available until expended: Provided, That 25 per

19 centum of the aggregate of all receipts during the current

20 fiscal year from the revested Oregon and California Rail21 road grant lands is hereby made a charge against the Or22 egon and California land-grant fund and shall be trans23 ferred to the General Fund in the Treasury in accordance

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

25 the 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 $529,527,000, to remain available until Sep12 tember 30, 1998, of which $11,557,000 shall remain avail13 able until expended for operation and maintenance of fish14 ery mitigation facilities constructed by the Corps of Engi15 neers under the Lower Snake River Compensation Plan,

16 authorized by the Water Resources Development Act of

17 1976, to compensate for loss of fishery resources from

18 water development projects on the Lower Snake River, of

19 which not more than $500,000 shall be used only to prepare

20 and publish withdrawal notices under section 4(b)(6)

21 (A)(i)(IV) and (B)(ii) of the Endangered Species Act and

22 to prepare and publish proposed or final rules to remove

23 species from either of the lists published under section 4(c)

24 of the Endangered Species Act or to change the status of

25 species from endangered to threatened in accordance with
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1 the provisions of subsections (a) and (b) of section 4 of the

2 Endangered Species Act, and of which $1,000,000 not to

3 exceed $1,500,000 shall be provided to the National Fish

4 and Wildlife Foundation for implementation of the Natu5 ral Communities Conservation Plan, and shall be available

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

7 from the Foundation and shall remain available until ex8 pended:–Provided, That pursuant to 31 U.S.C. 9701, the

9 Secretary shall charge reasonable fees for the full costs

10 of providing training by the National Education and

11 Training Center, to be credited to this account, notwith12 standing 31 U.S.C. 3302, of which not to exceed

13 $2,000,000 shall be available for the direct costs of provid14 ing such training: Provided, That hereafter, pursuant to 31

15 U.S.C. 9701, the Secretary shall charge reasonable fees for

16 the full costs of providing training by the National Edu17 cation and Training Center, to be credited to this account,

18 notwithstanding 31 U.S.C. 3302, for the direct costs of pro19 viding such training:–Provided further, That not to exceed

20 $1,000,000 of the funds provided herein may be used for

21 contaminant sample analysis.

22 CONSTRUCTION

23 For construction and acquisition of buildings and

24 other facilities required in the conservation, management,

25 investigation, protection, and utilization of fishery and
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HR 3662 RS

1 wildlife resources, and the acquisition of lands and inter2 ests therein; $38,298,000 $45,306,000, to remain available

3 until expended.

4 NATURAL RESOURCE DAMAGE ASSESSMENT FUND

5 To conduct natural resource damage assessment ac6 tivities by the Department of the Interior necessary to

7 carry out the provisions of the Comprehensive Environ8 mental Response, Compensation, and Liability Act, as

9 amended (42 U.S.C. 9601, et seq.), Federal Water Pollu10 tion Control Act, as amended (33 U.S.C. 1251, et seq.),

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

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

13 until expended.

14 LAND ACQUISITION

15 For expenses necessary to carry out the Land and

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

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

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

19 in accordance with statutory authority applicable to the

20 United States Fish and Wildlife Service, $30,000,000

21 $50,802,000, of which $3,000,000 is authorized to be appro22 priated and shall be used to establish the Clarks River Na23 tional Wildlife Refuge in Kentucky, to be derived from the

24 Land and Water Conservation Fund, to remain available

25 until expended.
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1 COOPERATIVE ENDANGERED SPECIES CONSERVATION

2 FUND

3 For expenses necessary to carry out the provisions

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

5 1543), as amended, $13,085,000 (increased by

6 $1,000,000) $14,085,000, for grants to States, to be de7 rived from the Cooperative Endangered Species Conserva8 tion Fund, and to remain available until expended.

9 NATIONAL WILDLIFE REFUGE FUND

10 For expenses necessary to implement the Act of Octo11 ber 17, 1978 (16 U.S.C. 715s), $10,779,000.

12 REWARDS AND OPERATIONS

13 For expenses necessary to carry out the provisions

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

15 4201–4203, 4211–4213, 4221–4225, 4241–4245, and

16 1538), $1,000,000 $600,000, to remain available until ex17 pended.

18 NORTH AMERICAN WETLANDS CONSERVATION FUND

19 For expenses necessary to carry out the provisions

20 of the North American Wetlands Conservation Act, Public

21 Law 101–233, $7,750,000 $10,750,000, to remain avail22 able until expended.

23 RHINOCEROS AND TIGER CONSERVATION FUND

24 For deposit to the Rhinoceros and Tiger Conserva25 tion Fund, $400,000 $200,000, to remain available until
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HR 3662 RS

1 expended, to carry out the Rhinoceros and Tiger Con2 servation Act of 1994 (Public Law 103–391).

3 WILDLIFE CONSERVATION AND APPRECIATION FUND

4 For deposit to the Wildlife Conservation and Appre5 ciation Fund, $800,000, to remain available until ex6 pended, for carrying out the Partnerships for Wildlife Act

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

8 section 7105 of said Act.

9 ADMINISTRATIVE PROVISIONS

10 Appropriations and funds available to the United

11 States Fish and Wildlife Service shall be available for pur12 chase of not to exceed 83 passenger motor vehicles of

13 which 73 are for replacement only (including 43 for police14 type use); not to exceed $400,000 for payment, at the dis15 cretion of the Secretary, for information, rewards, or evi16 dence concerning violations of laws administered by the

17 Service, and miscellaneous and emergency expenses of en18 forcement activities, authorized or approved by the Sec19 retary and to be accounted for solely on his certificate;

20 repair of damage to public roads within and adjacent to

21 reservation areas caused by operations of the Service; op22 tions for the purchase of land at not to exceed $1 for each

23 option; facilities incident to such public recreational uses

24 on conservation areas as are consistent with their primary

25 purpose; and the maintenance and improvement of aquar-
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1 ia, buildings, and other facilities under the jurisdiction of

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

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

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

7 arrangements authorized by law, procure printing services

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

10 the cost of printing either in cash or services and the Serv11 ice determines the cooperator is capable of meeting accept12 ed quality standards: Provided further, That the Service

13 may accept donated aircraft as replacements for existing

14 aircraft: Provided further, That notwithstanding any other

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

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

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

18 establishment of any new unit of the National Wildlife

19 Refuge System unless the purchase is approved in advance

20 by the House and Senate Committees on Appropriations

21 in compliance with the reprogramming procedures con22 tained in House Report 103–551: Provided further, That

23 section 201 of the Emergency Wetlands Resources Act of

24 1986 (16 U.S.C. 3911) is amended—
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1 (1) in subsection (a)(1)(B), by striking ‘‘distrib2 uted’’ and inserting ‘‘used’’; and

3 (2) in subsection (c)—

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

5 (iii) of subparagraph (A) as paragraphs (1), (2),

6 and (3), respectively;

7 (B) by striking ‘‘shall be distributed as fol8 lows:’’ and all that follows through ‘‘such

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

10 Secretary—’’; and

11 (C) by striking subparagraph (b).

12 NATIONAL PARK SERVICE

13 OPERATION OF THE NATIONAL PARK SYSTEM

14 For expenses necessary for the management, oper15 ation, and maintenance of areas and facilities adminis16 tered by the National Park Service (including special road

17 maintenance service to trucking permittees on a reimburs18 able basis), and for the general administration of the Na19 tional Park Service, including not to exceed $1,593,000

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

21 $1,000,000 for high priority projects within the scope of

22 the approved budget which shall be carried out by the

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

24 1706, $1,135,139,000 $1,156,784,000, without regard to

25 16 U.S.C. 451, of which $12,800,000 $4,000,000 for re-
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1 search, planning and interagency coordination in support

2 of land acquisition for Everglades restoration shall remain

3 available until expended, and of which not to exceed

4 $72,000,000, to remain available until expended, is to be

5 derived from the special fee account established pursuant

6 to title V, section 5201, of Public Law 100–203.

7 NATIONAL RECREATION AND PRESERVATION

8 For expenses necessary to carry out recreation pro9 grams, natural programs, cultural programs, environ10 mental compliance and review, international park affairs,

11 statutory or contractual aid for other activities, and grant

12 administration, not otherwise provided for, $36,476,000

13 $39,476,000.

14 HISTORIC PRESERVATION FUND

15 For expenses necessary in carrying out the Historic

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

17 $36,212,000 $36,612,000, to be derived from the Historic

18 Preservation Fund, to remain available until September

19 30, 1998.

20 CONSTRUCTION

21 For construction, improvements, repair or replace22 ment of physical facilities including the modifications au23 thorized by section 104 of the Everglades National Park

24 Protection and Expansion Act of 1989, $119,745,000

25 $165,418,000, to remain available until expended:–Pro-
18

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1 vided, That funds provided under this head, derived from

2 the Historic Preservation Fund, established by the His3 toric Preservation Act of 1966, as amended (16 U.S.C.

4 470), may be available until expended to render sites safe

5 for visitors and for building stabilization: Provided, That

6 funds previously provided under this heading that had been

7 made available to the City of Hot Springs, Arkansas, to

8 be used for a flood protection feasibility study, are now

9 made available to the City of Hot Springs for the rehabili10 tation of the Federally-constructed Hot Springs Creek Arch,

11 including the portion within Hot Springs National Park.

12 LAND AND WATER CONSERVATION FUND

13 (RESCISSION)

14 The contract authority provided for fiscal year 1997

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

16 LAND ACQUISITION AND STATE ASSISTANCE

17 For expenses necessary to carry out the Land and

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

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

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

21 in accordance with statutory authority applicable to the

22 National Park Service, $30,000,000 $48,415,000, to be de23 rived from the Land and Water Conservation Fund, to

24 remain available until expended, of which $1,000,000 is

25 to administer the State assistance program: Provided,
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1 That any funds made available for the purpose of acquisi2 tion of the Elwha and Glines dams shall be used solely

3 for acquisition, and shall not be expended until the full

4 purchase amount has been appropriated by the Congress;

5 Provided further, That of the funds provided herein,

6 $2,500,000 is available for acquisition of the Sterling For7 est, subject to authorization.

8 ADMINISTRATIVE PROVISIONS

9 Appropriations for the National Park Service shall be

10 available for the purchase of not to exceed 404 passenger

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

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

13 and 6 ambulances: Provided, That none of the funds ap14 propriated to the National Park Service may be used to

15 process any grant or contract documents which do not in16 clude the text of 18 U.S.C. 1913:–Provided further, That

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

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

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

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

21 than $951,000 is to be used for the Office of Congres22 sional Affairs: Provided further, That none of the funds

23 appropriated to the National Park Service may be used

24 to implement an agreement for the redevelopment of the

25 southern end of Ellis Island until such agreement has been
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1 submitted to the Congress and shall not be implemented

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

3 any day in which either House of Congress is not in ses4 sion because of adjournment of more than three calendar

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

6 of the House of Representatives and the President of the

7 Senate of a full and comprehensive report on the develop8 ment of the southern end of Ellis Island, including the

9 facts and circumstances relied upon in support of the pro10 posed project.

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

12 National Park Service for activities taken in direct re13 sponse to the United Nations Biodiversity Convention.

14 The National Park Service may in fiscal year 1997

15 and thereafter enter into cooperative agreements that in16 volve the transfer of National Park Service appropriated

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

18 entities, educational institutions, and private nonprofit or19 ganizations for the public purpose of carrying out National

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

21 carry out public purposes of National Park Service pro22 grams.
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1 UNITED STATES GEOLOGICAL SURVEY

2 SURVEYS, INVESTIGATIONS, AND RESEARCH

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

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

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

9 mineral and water resources; give engineering supervision

10 to power permittees and Federal Energy Regulatory Com11 mission licensees; administer the minerals exploration pro12 gram (30 U.S.C. 641); and publish and disseminate data

13 relative to the foregoing activities; and to conduct inquiries

14 into the economic conditions affecting mining and mate15 rials processing industries (30 U.S.C. 3, 21a, and 1603;

16 50 U.S.C. 98g(1)) and related purposes as authorized by

17 law and to publish and disseminate data; $730,163,000

18 $737,040,000, of which $62,130,000 $65,809,000 shall be

19 available only for cooperation with States or municipalities

20 for water resources investigations; and of which

21 $16,000,000 shall remain available until expended for con22 ducting inquiries into the economic conditions affecting

23 mining and materials processing industries; and of which

24 $137,000,000 $137,750,000 shall be available until Sep25 tember 30, 1998 for the biological research activity and
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HR 3662 RS

1 the operation of the Cooperative Research Units; and of

2 which $16,000,000 shall remain available until expended

3 for conducting inquiries into the economic conditions af4 fecting mining and materials processing industries: Pro5 vided, That none of these funds provided for the biological

6 research activity shall be used to conduct new surveys on

7 private property, unless specifically authorized in writing

8 by the property owner: Provided further, That beginning

9 in fiscal year 1998 and once every five years thereafter,

10 the National Academy of Sciences shall review and report

11 on the biological research activity of the Survey: Provided

12 further, That no part of this appropriation shall be used

13 to pay more than one-half the cost of topographic mapping

14 or water resources data collection and investigations car15 ried on in cooperation with States and municipalities.

16 ADMINISTRATIVE PROVISIONS

17 The amount appropriated for the United States Geo18 logical Survey shall be available for the purchase of not

19 to exceed 53 passenger motor vehicles, of which 48 are

20 for replacement only; reimbursement to the General Serv21 ices Administration for security guard services; contract22 ing for the furnishing of topographic maps and for the

23 making of geophysical or other specialized surveys when

24 it is administratively determined that such procedures are

25 in the public interest; construction and maintenance of
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1 necessary buildings and appurtenant facilities; acquisition

2 of lands for gauging stations and observation wells; ex3 penses of the United States National Committee on Geol4 ogy; and payment of compensation and expenses of per5 sons on the rolls of the Survey duly appointed to represent

6 the United States in the negotiation and administration

7 of interstate compacts: Provided, That activities funded by

8 appropriations herein made may be accomplished through

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

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

11 MINERALS MANAGEMENT SERVICE

12 ROYALTY AND OFFSHORE MINERALS MANAGEMENT

13 For expenses necessary for minerals leasing and envi14 ronmental studies, regulation of industry operations, and

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

16 laws and regulations applicable to oil, gas, and other min17 erals leases, permits, licenses and operating contracts; and

18 for matching grants or cooperative agreements; including

19 the purchase of not to exceed eight passenger motor vehi20 cles for replacement only; $182,555,000 $159,555,000, of

21 which not less than $74,063,000 $70,063,000 shall be

22 available for royalty management activities; and an

23 amount not to exceed $15,400,000 $41,000,000 for the

24 Technical Information Management System and Related

25 Activities activities of the Outer Continental Shelf (OCS)
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1 Lands Activity, to be credited to this appropriation and

2 to remain available until expended, from additions to re3 ceipts resulting from increases to rates in effect on August

4 5, 1993, from rate increases to fee collections for OCS

5 administrative activities performed by the Minerals Man6 agement Service over and above the rates in effect on Sep7 tember 30, 1993, and from additional fees for OCS admin8 istrative activities established after September 30, 1993:

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

10 remain available until September 30, 1998: Provided fur11 ther, That funds appropriated under this Act shall be

12 available for the payment of interest in accordance with

13 30 U.S.C. 1721 (b) and (d): Provided further, That not

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

15 related to promoting volunteer beach and marine cleanup

16 activities: Provided further, That notwithstanding any

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

18 available for refunds of overpayments in connection with

19 certain Indian leases in which the Director of the Minerals

20 Management Service concurred with the claimed refund

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

22 or to correct prior unrecoverable erroneous payments.

23 OIL SPILL RESEARCH

24 For necessary expenses to carry out title I, section

25 1016, title IV, sections 4202 and 4303, title VII, and title
25

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

2 $6,440,000, which shall be derived from the Oil Spill Li3 ability Trust Fund, to remain available until expended.

4 BUREAU OF MINES

5 MINES AND MINERALS

6 For expenses necessary for, and incidental to, the clo7 sure of the United States Bureau of Mines, including pay8 ments for workers compensation and unemployment com9 pensation for former employees of the United States Bureau

10 of Mines, $2,000,000, to remain available until expended.

11 OFFICE OF SURFACE MINING RECLAMATION AND

12 ENFORCEMENT

13 REGULATION AND TECHNOLOGY

14 For necessary expenses to carry out the provisions

15 of the Surface Mining Control and Reclamation Act of

16 1977, Public Law 95–87, as amended, including the pur17 chase of not to exceed 10 passenger motor vehicles, for

18 replacement only; $94,272,000 $94,172,000, and notwith19 standing 31 U.S.C. 3302, an additional amount shall be

20 credited to this account, to remain available until ex21 pended, from performance bond forfeitures in fiscal year

22 1997: Provided, That the Secretary of the Interior, pursu23 ant to regulations, may utilize directly or through grants

24 to States, moneys collected in fiscal year 1997 for civil

25 penalties assessed under section 518 of the Surface Min-
26

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1 ing Control and Reclamation Act of 1977 (30 U.S.C.

2 1268), to reclaim lands adversely affected by coal mining

3 practices after August 3, 1977, to remain available until

4 expended: Provided further, That appropriations for the

5 Office of Surface Mining Reclamation and Enforcement

6 may provide for the travel and per diem expenses of State

7 and tribal personnel attending Office of Surface Mining

8 Reclamation and Enforcement sponsored training.

9 ABANDONED MINE RECLAMATION FUND

10 For necessary expenses to carry out title IV of the

11 Surface Mining Control and Reclamation Act of 1977,

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

13 of not more than 10 passenger motor vehicles for replace14 ment only, $175,887,000 $179,085,000, to be derived from

15 receipts of the Abandoned Mine Reclamation Fund and

16 to remain available until expended; of which $4,000,000

17 shall be for supplemental grants to States for the reclama18 tion of abandoned sites with acid mine rock drainage from

19 coal mines through the Appalachian Clean Streams Initia20 tive: Provided, That grants to minimum program States

21 will be $1,500,000 per State in fiscal year 1997: Provided

22 further, That of the funds herein provided up to

23 $18,000,000 may be used for the emergency program au24 thorized by section 410 of Public Law 95–87, as amended,

25 of which no more than 25 per centum shall be used for
27

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1 emergency reclamation projects in any one State and

2 funds for federally-administered emergency reclamation

3 projects under this proviso shall not exceed $11,000,000:

4 Provided further, That prior year unobligated funds appro5 priated for the emergency reclamation program shall not

6 be subject to the 25 per centum limitation per State and

7 may be used without fiscal year limitation for emergency

8 projects: Provided further, That pursuant to Public Law

9 97–365, the Department of the Interior is authorized to

10 use up to 20 per centum from the recovery of the delin11 quent debt owed to the United States Government to pay

12 for contracts to collect these debts: Provided further, That

13 funds made available to States under title IV of Public

14 Law 95–87 may be used, at their discretion, for any re15 quired non-Federal share of the cost of projects funded

16 by the Federal Government for the purpose of environ17 mental restoration related to treatment or abatement of

18 acid mine drainage from abandoned mines: Provided fur19 ther, That such projects must be consistent with the pur20 poses and priorities of the Surface Mining Control and

21 Reclamation Act.

22 BUREAU OF INDIAN AFFAIRS

23 OPERATION OF INDIAN PROGRAMS

24 For operation of Indian programs by direct expendi25 ture, contracts, cooperative agreements, compacts, and
28

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1 grants including expenses necessary to provide education

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

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

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

6 grants and other assistance to needy Indians; maintenance

7 of law and order; management, development, improve8 ment, and protection of resources and appurtenant facili9 ties under the jurisdiction of the Bureau, including pay10 ment of irrigation assessments and charges; acquisition of

11 water rights; advances for Indian industrial and business

12 enterprises; operation of Indian arts and crafts shops and

13 museums; development of Indian arts and crafts, as au14 thorized by law; for the general administration of the Bu15 reau, including such expenses in field offices; maintaining

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

17 and construction, repair, and improvement of Indian hous18 ing, $1,381,623,000 $1,413,606,000, of which not to ex19 ceed $90,829,000 $91,379,000 shall be for payments to

20 tribes and tribal organizations for contract support costs

21 associated with ongoing contracts or grants or compacts

22 entered into with the Bureau prior to fiscal year 1997,

23 as authorized by the Indian Self-Determination Act of

24 1975, as amended, and up to $5,000,000 shall be for the

25 Indian Self-Determination Fund, which shall be available
29

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1 for the transitional cost of initial or expanded tribal con2 tracts, grants, compacts, or cooperative agreements with

3 the Bureau under such Act; and of which not to exceed

4 $339,709,000 $344,711,000 for school operations costs of

5 Bureau-funded schools and other education programs

6 shall become available on July 1, 1997, and shall remain

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

8 exceed $55,838,000 $53,805,000 for higher education

9 scholarships, adult vocational training, and assistance to

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

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

12 exceed $55,603,000 $54,973,000 shall remain available

13 until expended for housing improvement, road mainte14 nance, attorney fees, litigation support, self-governance

15 grants, the Indian Self-Determination Fund, and the Nav16 ajo-Hopi Settlement Program: Provided, That tribes and

17 tribal contractors may use their tribal priority allocations

18 for unmet indirect costs of ongoing contracts, grants or

19 compact agreements: Provided further, That funds made

20 available to tribes and tribal organizations through con21 tracts or grants obligated during fiscal year 1997, as au22 thorized by the Indian Self-Determination Act of 1975,

23 or grants authorized by the Indian Education Amend24 ments of 1988 (25 U.S.C. 2001 and 2008A) shall remain

25 available until expended by the contractor or grantee: Pro-
30

HR 3662 RS

1 vided further, That to provide funding uniformity within

2 a Self-Governance Compact, any funds provided in this

3 Act with availability for more than one year may be repro4 grammed to one year availability but shall remain avail5 able within the Compact until expended: Provided further,

6 That notwithstanding any other provision of law, Indian

7 tribal governments may, by appropriate changes in eligi8 bility criteria or by other means, change eligibility for gen9 eral assistance or change the amount of general assistance

10 payments for individuals within the service area of such

11 tribe who are otherwise deemed eligible for general assist12 ance payments so long as such changes are applied in a

13 consistent manner to individuals similarly situated: Pro14 vided further, That any savings realized by such changes

15 shall be available for use in meeting other priorities of the

16 tribes: Provided further, That any net increase in costs to

17 the Federal Government which result solely from tribally

18 increased payment levels for general assistance shall be

19 met exclusively from funds available to the tribe from

20 within its tribal priority allocation: Provided further, That

21 any forestry funds allocated to a tribe which remain unob22 ligated as of September 30, 1997, may be transferred dur23 ing fiscal year 1998 to an Indian forest land assistance

24 account established for the benefit of such tribe within the

25 tribe’s trust fund account: Provided further, That any such
31

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1 unobligated balances not so transferred shall expire on

2 September 30, 1998: Provided further, That notwithstand3 ing any other provision of law, no funds available to the

4 Bureau, other than the amounts provided herein for as5 sistance to public schools under 25 U.S.C. 452 et seq.,

6 shall be available to support the operation of any elemen7 tary or secondary school in the State of Alaska in fiscal

8 year 1997: Provided further, That funds made available

9 in this or any other Act for expenditure through Septem10 ber 30, 1998 for schools funded by the Bureau shall be

11 available only to the schools in the Bureau school system

12 as of September 1, 1995: Provided further, That no funds

13 available to the Bureau shall be used to support expanded

14 grades for any school or dormitory beyond the grade struc15 ture in place or approved by the Secretary of the Interior

16 at each school in the Bureau school system as of October

17 1, 1995: Provided further, That in fiscal year 1997 and

18 thereafter, notwithstanding the provisions of 25 U.S.C.

19 2012(h)(1) (A) and (B), upon the recommendation of ei20 ther (i) a local school board and school supervisor for an

21 education position in a Bureau of Indian Affairs operated

22 school, or (ii) an Agency school board and education line

23 officer for an Agency education position, the Secretary

24 shall establish adjustments to the rates of basic compensa25 tion or annual salary rates established under 25 U.S.C.
32

HR 3662 RS

1 2012(h)(1) (A) and (B) for education positions at the

2 school or the Agency, at a level not less than that for com3 parable positions in the nearest public school district, and

4 the adjustment shall be deemed to be a change to basic

5 pay and shall not be subject to collective bargaining: Pro6 vided further, That any reduction to rates of basic com7 pensation or annual salary rates below the rates estab8 lished under 25 U.S.C. 2012(h)(1) (A) and (B) shall apply

9 only to educators appointed after June 30, 1997, and shall

10 not affect the right of an individual employed on June 30,

11 1997, in an education position, to receive the compensa12 tion attached to such position under 25 U.S.C. 2012(h)(1)

13 (A) and (B) so long as the individual remains in the same

14 position at the same school: Provided further, That not15 withstanding 25 U.S.C. 2012(h)(1)(B), when the rates of

16 basic compensation for teachers and counselors at Bureau17 operated schools are established at the rates of basic com18 pensation applicable to comparable positions in overseas

19 schools under the Defense Department Overseas Teachers

20 Pay and Personnel Practices Act, such rates shall become

21 effective with the start of the next academic year following

22 the issuance of the Department of Defense salary schedule

23 and shall not be effected retroactively.
33

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1 CONSTRUCTION

2 For construction, major repair, and improvement of

3 irrigation and power systems, buildings, utilities, and

4 other facilities, including architectural and engineering

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

6 lands; and preparation of lands for farming, and for con7 struction of the Navajo Indian Irrigation Project pursuant

8 to Public Law 87–483, $85,831,000 $93,933,000, to re9 main available until expended: Provided, That such

10 amounts as may be available for the construction of the

11 Navajo Indian Irrigation Project may be transferred to the

12 Bureau of Reclamation: Provided further, That not to ex13 ceed 6 per centum of contract authority available to the

14 Bureau of Indian Affairs from the Federal Highway Trust

15 Fund may be used to cover the road program management

16 costs of the Bureau: Provided further, That any funds pro17 vided for the Safety of Dams program pursuant to 25

18 U.S.C. 13 shall be made available on a non-reimbursable

19 basis: Provided further, That for fiscal year 1997, in im20 plementing new construction or facilities improvement and

21 repair project grants in excess of $100,000 that are pro22 vided to tribally controlled grant schools under Public Law

23 100–297, as amended, the Secretary of the Interior shall

24 use the Administrative and Audit Requirements and Cost

25 Principles for Assistance Programs contained in 43 CFR
34

HR 3662 RS

1 part 12 as the regulatory requirements: Provided further,

2 That such grants shall not be subject to section 12.61 of

3 43 CFR; the Secretary and the grantee shall negotiate and

4 determine a schedule of payments for the work to be per5 formed: Provided further, That in considering applications,

6 the Secretary shall consider whether the Indian tribe or

7 tribal organization would be deficient in assuring that the

8 construction projects conform to applicable building stand9 ards and codes and Federal, tribal, or State health and

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

11 respect to organizational and financial management capa12 bilities: Provided further, That if the Secretary declines an

13 application, the Secretary shall follow the requirements

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

15 any disputes between the Secretary and any grantee con16 cerning a grant shall be subject to the disputes provision

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

18 INDIAN LAND AND WATER CLAIM SETTLEMENTS AND

19 MISCELLANEOUS PAYMENTS TO INDIANS

20 For miscellaneous payments to Indian tribes and in21 dividuals and for necessary administrative expenses,

22 $65,241,000 $69,241,000, to remain available until ex23 pended; of which $56,400,000 $68,400,000 shall be avail24 able for implementation of enacted Indian land and water

25 claim settlements pursuant to Public Laws 101–618, 102–
35

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1 374, 102–575, and for implementation of other enacted

2 water rights settlements, including not to exceed

3 $8,000,000, which shall be for the Federal share of the

4 Catawba Indian Tribe of South Carolina Claims Settle5 ment, as authorized by section 5(a) of Public Law 103–

6 116; and of which $841,000 shall be available pursuant

7 to Public Laws 98–500, 99–264, and 100–580.

8 INDIAN GUARANTEED LOAN PROGRAM ACCOUNT

9 For the cost of guaranteed loans, $4,500,000, as au10 thorized by the Indian Financing Act of 1974, as amend11 ed: Provided, That such costs, including the cost of modi12 fying such loans, shall be as defined in section 502 of the

13 Congressional Budget Act of 1974: Provided further, That

14 these funds are available to subsidize total loan principal,

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

16 $34,615,000.

17 In addition, for administrative expenses to carry out

18 the guaranteed loan programs, $500,000.

19 ADMINISTRATIVE PROVISIONS

20 Appropriations for the Bureau of Indian Affairs (ex21 cept the revolving fund for loans, the Indian loan guaran22 tee and insurance fund, the Technical Assistance of Indian

23 Enterprises account, the Indian Direct Loan Program ac24 count, and the Indian Guaranteed Loan Program account)

25 shall be available for expenses of exhibits, and purchase
36

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

2 not to exceed 187 shall be for replacement only.

3 DEPARTMENTAL OFFICES

4 INSULAR AFFAIRS

5 ASSISTANCE TO TERRITORIES

6 For expenses necessary for assistance to territories

7 under the jurisdiction of the Department of the Interior,

8 $65,088,000 $65,388,000, of which (1) $61,239,000

9 $61,539,000 shall be available until expended for technical

10 assistance, including maintenance assistance, disaster as11 sistance, insular management controls, and brown tree

12 snake control and research; grants to the judiciary in

13 American Samoa for compensation and expenses, as au14 thorized by law (48 U.S.C. 1661(c)); grants to the Govern15 ment of American Samoa, in addition to current local rev16 enues, for construction and support of governmental func17 tions; grants to the Government of the Virgin Islands as

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

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

20 the Northern Mariana Islands as authorized by law (Pub21 lic Law 94–241; 90 Stat. 272); and (2) $3,849,000 shall

22 be available for salaries and expenses of the Office of Insu23 lar Affairs: Provided, That all financial transactions of the

24 territorial and local governments herein provided for, in25 cluding such transactions of all agencies or instrumental-
37

HR 3662 RS

1 ities established or utilized by such governments, may be

2 audited by the General Accounting Office, at its discre3 tion, in accordance with chapter 35 of title 31, United

4 States Code: Provided further, That Northern Mariana Is5 lands Covenant grant funding shall be provided according

6 to those terms of the Agreement of the Special Represent7 atives on Future United States Financial Assistance for

8 the Northern Mariana Islands approved by Public Law

9 99–396, or any subsequent legislation related to Common10 wealth of the Northern Mariana Islands grant funding:

11 Provided further, That section 703(a) of Public Law 94–

12 241, as amended, is hereby amended by striking ‘‘of the

13 Government of the Northern Mariana Islands’’: Provided

14 further, That of the amounts provided for technical assist15 ance, sufficient funding shall be made available for a grant

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

17 funds for the program of operations and maintenance im18 provement are appropriated to institutionalize routine op19 erations and maintenance improvement of capital infra20 structure in American Samoa, Guam, the Virgin Islands,

21 the Commonwealth of the Northern Mariana Islands, the

22 Republic of Palau, the Republic of the Marshall Islands,

23 and the Federated States of Micronesia through assess24 ments of long-range operations maintenance needs, im25 proved capability of local operations and maintenance in-
38

HR 3662 RS

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

4 be determined by the Secretary based on the individual

5 territory’s commitment to timely maintenance of its cap6 ital assets): Provided further, That any appropriation for

7 disaster assistance under this head in this Act or previous

8 appropriations Acts may be used as non-Federal matching

9 funds for the purpose of hazard mitigation grants provided

10 pursuant to section 404 of the Robert T. Stafford Disaster

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

12 COMPACT OF FREE ASSOCIATION

13 For economic assistance and necessary expenses for

14 the Federated States of Micronesia and the Republic of

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

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

17 and for economic assistance and necessary expenses for

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

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

20 $23,638,000 $23,438,000, to remain available until ex21 pended, as authorized by Public Law 99–239 and Public

22 Law 99–658.

23 DEPARTMENTAL MANAGEMENT

24 SALARIES AND EXPENSES

25 For necessary expenses for management of the De26 partment of the Interior, $53,691,000 $58,991,000, of
39

HR 3662 RS

1 which not to exceed $7,500 may be for official reception

2 and representation expenses.

3 OFFICE OF THE SOLICITOR

4 SALARIES AND EXPENSES

5 For necessary expenses of the Office of the Solicitor,

6 $35,208,000 $35,443,000.

7 OFFICE OF INSPECTOR GENERAL

8 SALARIES AND EXPENSES

9 For necessary expenses of the Office of Inspector

10 General, $24,439,000, together with any funds or prop11 erty transferred to the Office of Inspector General through

12 forfeiture proceedings or from the Department of Justice

13 Assets Forfeiture Fund or the Department of the Treas14 ury Assets Forfeiture Fund, that represent an equitable

15 share from the forfeiture of property in investigations in

16 which the Office of Inspector General participated, with

17 such transferred funds to remain available until expended.

18 NATIONAL INDIAN GAMING COMMISSION

19 SALARIES AND EXPENSES

20 For necessary expenses of the National Indian Gam21 ing Commission, pursuant to Public Law 100–497,

22 $1,000,000.
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1 OFFICE OF SPECIAL TRUSTEE FOR AMERICAN INDIANS

2 FEDERAL TRUST PROGRAMS

3 For operation of trust programs for Indians by direct

4 expenditure, contracts, cooperative agreements, compacts,

5 and grants, $19,126,000 $36,338,000, to remain available

6 until expended for trust funds management: Provided,

7 That funds made available to tribes and tribal organiza8 tions through contracts or grants obligated during fiscal

9 year 1997, as authorized by the Indian Self-Determination

10 Act of 1975 (25 U.S.C. 450 et seq.), shall remain available

11 until expended by the contractor or grantee: Provided fur12 ther, That notwithstanding any other provision of law, the

13 statute of limitations shall not commence to run on any

14 claim, including any claim in litigation pending on the date

15 of this Act, concerning losses to or mismanagement of

16 trust funds, until the affected tribe or individual Indian

17 has been furnished with an accounting of such funds from

18 which the beneficiary can determine whether there has

19 been a loss: Provided further, That unobligated balances

20 previously made available (1) to liquidate obligations owed

21 tribal and individual Indian payees of any checks canceled

22 pursuant to section 1003 of the Competitive Equality

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

24 3334(b)), (2) to restore Individual Indian Monies trust

25 funds, Indian Irrigation Systems, and Indian Power Sys-
41

HR 3662 RS

1 tems accounts amounts invested in credit unions or de2 faulted savings and loan associations and which where not

3 Federally insured, including any interest on these amounts

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

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

6 holders for losses to their respective accounts where the

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

8 settlement agreement approved by the Department of Jus9 tice, under the heading ‘‘Indian Land and Water Claim

10 Settlements and Miscellaneous Payments to Indians’’, Bu11 reau of Indian Affairs in fiscal years 1995 and 1996, are

12 hereby transferred to and merged with this appropriation

13 and may only be used for the operation of trust programs,

14 in accordance with this appropriation.

15 ADMINISTRATIVE PROVISIONS

16 There is hereby authorized for acquisition from avail17 able resources within the Working Capital Fund, 15 air18 craft, 10 of which shall be for replacement and which may

19 be obtained by donation, purchase or through available ex20 cess surplus property: Provided, That notwithstanding any

21 other provision of law, existing aircraft being replaced may

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

23 offset the purchase price for the replacement aircraft: Pro24 vided further, That no programs funded with appropriated

25 funds in ‘‘Departmental Management’’, ‘‘Office of the So-
42

HR 3662 RS

1 licitor’’, and ‘‘Office of Inspector General’’ may be aug2 mented through the Working Capital Fund or the Consoli3 dated Working Fund.

4 GENERAL PROVISIONS, DEPARTMENT OF THE

5 INTERIOR

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

7 available for expenditure or transfer (within each bureau

8 or office), with the approval of the Secretary, for the emer9 gency reconstruction, replacement, or repair of aircraft,

10 buildings, utilities, or other facilities or equipment dam11 aged or destroyed by fire, flood, storm, or other unavoid12 able causes: Provided, That no funds shall be made avail13 able under this authority until funds specifically made

14 available to the Department of the Interior for emer15 gencies shall have been exhausted: Provided further, That

16 all funds used pursuant to this section are hereby des17 ignated by Congress to be ‘‘emergency requirements’’ pur18 suant to section 251(b)(2)(D) of the Balanced Budget and

19 Emergency Deficit Control Act of 1985, and must be re20 plenished by a supplemental appropriation which must be

21 requested as promptly as possible.

22 SEC. 102. The Secretary may authorize the expendi23 ture or transfer of any no year appropriation in this title,

24 in addition to the amounts included in the budget pro25 grams of the several agencies, for the suppression or emer-
43

HR 3662 RS

1 gency prevention of forest or range fires on or threatening

2 lands under the jurisdiction of the Department of the Inte3 rior; for the emergency rehabilitation of burned-over lands

4 under its jurisdiction; for emergency actions related to po5 tential or actual earthquakes, floods, volcanoes, storms, or

6 other unavoidable causes; for contingency planning subse7 quent to actual oilspills; response and natural resource

8 damage assessment activities related to actual oilspills; for

9 the prevention, suppression, and control of actual or po10 tential grasshopper and Mormon cricket outbreaks on

11 lands under the jurisdiction of the Secretary, pursuant to

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

13 (99 Stat. 1658); for emergency reclamation projects under

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

15 any no year funds available to the Office of Surface Min16 ing Reclamation and Enforcement, such funds as may be

17 necessary to permit assumption of regulatory authority in

18 the event a primacy State is not carrying out the regu19 latory provisions of the Surface Mining Act: Provided,

20 That appropriations made in this title for fire suppression

21 purposes shall be available for the payment of obligations

22 incurred during the preceding fiscal year, and for reim23 bursement to other Federal agencies for destruction of ve24 hicles, aircraft, or other equipment in connection with

25 their use for fire suppression purposes, such reimburse-
44

HR 3662 RS

1 ment to be credited to appropriations currently available

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

3 emergency rehabilitation and wildfire suppression activi4 ties, no funds shall be made available under this authority

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

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

7 used pursuant to this section are hereby designated by

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

9 section 251(b)(2)(D) of the Balanced Budget and Emer10 gency Deficit Control Act of 1985, and must be replen11 ished by a supplemental appropriation which must be re12 quested as promptly as possible: Provided further, That

13 such replenishment funds shall be used to reimburse, on

14 a pro rata basis, accounts from which emergency funds

15 were transferred.

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

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

18 similar facilities, wherever consolidation of activities will

19 contribute to efficiency or economy, and said appropria20 tions shall be reimbursed for services rendered to any

21 other activity in the same manner as authorized by sec22 tions 1535 and 1536 of title 31, United States Code: Pro23 vided, That reimbursements for costs and supplies, mate24 rials, equipment, and for services rendered may be cred-
45

HR 3662 RS

1 ited to the appropriation current at the time such reim2 bursements are received.

3 SEC. 104. Appropriations made to the Department

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

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

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

7 maintenance, and operation of aircraft; hire of passenger

8 motor vehicles; purchase of reprints; payment for tele9 phone service in private residences in the field, when au10 thorized under regulations approved by the Secretary; and

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

12 for library membership in societies or associations which

13 issue publications to members only or at a price to mem14 bers lower than to subscribers who are not members.

15 SEC. 105. Appropriations available to the Depart16 ment of the Interior for salaries and expenses shall be

17 available for uniforms or allowances therefor, as author18 ized by law (5 U.S.C. 5901–5902 and D.C. Code 4–204).

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

20 available for obligation in connection with contracts issued

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

22 months beginning at any time during the fiscal year.

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

24 Land and Water Conservation Fund for acquisition of

25 lands and waters, or interests therein, shall be available
46

HR 3662 RS

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

2 the following accounts: Bureau of Land Management,

3 Land acquisition, United States Fish and Wildlife Service,

4 Land acquisition, and National Park Service, Land acqui5 sition and State assistance. Use of such funds are subject

6 to the reprogramming guidelines of the House and Senate

7 Committees on Appropriations.

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

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

not obligate in any calendar month more than 1 10 ⁄12 of the

11 fiscal year 1997 appropriation for operation of the Pre12 sidio: Provided, That prior to the transfer of any Presidio

13 property to the Presidio Trust, the Secretary shall trans14 fer such funds as the Trust deems necessary to initiate

15 leasing and other authorized activities of the Trust: Pro16 vided further, That this section shall expire on September

17 30, 1997 December 31, 1996.

18 SEC. 109. None of the funds appropriated or other19 wise made available by this Act may be obligated or ex20 pended by the Secretary of the Interior for developing,

21 promulgating, and thereafter implementing a rule con22 cerning rights-of-way under section 2477 of the Revised

23 Statutes.

24 SEC. 109. No final rule or regulation of any agency

25 of the Federal Government pertaining to the recognition,
47

HR 3662 RS

1 management, or validity of a right-of-way pursuant to Re2 vised Statute 2477 (43 U.S.C. 932) shall take effect unless

3 expressly authorized by an Act of Congress subsequent to

4 the date of enactment of this Act.

5 SEC. 110. No funds provided in this title may be ex6 pended by the Department of the Interior for the conduct

7 of offshore leasing and related activities placed under re8 striction in the President’s moratorium statement of June

9 26, 1990, in the areas of Northern, Central, and Southern

10 California; the North Atlantic; Washington and Oregon;

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

12 latitude and east of 86 degrees west longitude.

13 SEC. 111. No funds provided in this title may be ex14 pended by the Department of the Interior for the conduct

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

16 or other exploration activity, on lands within the North

17 Aleutian Basin planning area.

18 SEC. 112. No funds provided in this title may be ex19 pended by the Department of the Interior for the conduct

20 of preleasing and leasing activities in the Eastern Gulf of

21 Mexico for Outer Continental Shelf Lease Sale 151 in the

22 Outer Continental Shelf Natural Gas and Oil Resource

23 Management Comprehensive Program, 1992–1997.

24 SEC. 113. No funds provided in this title may be ex25 pended by the Department of the Interior for the conduct
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1 of preleasing and leasing activities in the Atlantic for

2 Outer Continental Shelf Lease Sale 164 in the Outer Con3 tinental Shelf Natural Gas and Oil Resource Management

4 Comprehensive Program, 1992–1997.

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

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

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

8 section for costs of capitalizing and operating administra9 tive services as the Secretary determines may be per10 formed more advantageously as central services: Provided,

11 That any inventories, equipment, and other assets pertain12 ing to the services to be provided by such fund, either on

13 hand or on order, less the related liabilities or unpaid obli14 gations, and any appropriations made prior to the current

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

16 capitalize such fund: Provided further, That such fund

17 shall be paid in advance from funds available to the De18 partment and other Federal agencies for which such cen19 tralized services are performed, at rates which will return

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

21 depreciation of fund plant and equipment, amortization of

22 automatic data processing (ADP) software and systems

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

24 maintain a reasonable operating reserve, as determined by

25 the Secretary: Provided further, That such fund shall pro-
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1 vide services on a competitive basis: Provided further, That

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

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

4 year 1997 and each fiscal year thereafter, to remain avail5 able until expended, to be used for the acquisition of cap6 ital equipment, and for the improvement and implementa7 tion of Department financial management, ADP, and

8 other support systems: Provided further, That no later

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

10 in excess of this reserve limitation shall be transferred to

11 the Treasury: Provided further, That such franchise fund

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

13 Law 103–356.

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

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

16 Pennsylvania Avenue in front of the White House without

17 the advance approval of the House and Senate Committees

18 on Appropriations.

19 SEC. 115. Public Law 102–495 is amended by adding

20 the following new section:

21 ‘‘SEC. 10. WASHINGTON STATE REMOVAL OPTION.

22 ‘‘(a) Upon appropriation of $29,500,000 for the Fed23 eral Government to acquire the Elwha and Glines dams in

24 Washington State pursuant to this Act, the State of Wash25 ington may, upon the submission to Congress of a binding
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1 agreement to remove the two dams within a reasonable pe2 riod of time, purchase the two dams from the Federal Gov3 ernment for $2.

4 ‘‘(b) Upon receipt of the payment pursuant to sub5 section (a), the Federal Government shall relinquish owner6 ship and title of dams to the State of Washington.

7 ‘‘(c) Upon the purchase of the dams by the State of

8 Washington, Public Law 102–495 is hereby repealed.’’.

9 SEC. 116. Section 7 of Public Law 99–647 (16 U.S.C.

10 461 note) is amended to read as follows:

11 ‘‘SEC. 7. TERMINATION OF COMMISSION.

12 ‘‘The Commission shall terminate on November 10,

13 1997.’’.

14 SEC. 117. The Congress of the United States hereby

15 designates and ratifies the assignment to the University of

16 Utah as successor to, and beneficiary of, all the existing

17 assets, revenues, funds and rights granted to the State of

18 Utah under the Miners Hospital Grant (February 20, 1929,

19 45 Stat. 1252) and the School of Mines Grant (July 26,

20 1894, 28 Stat. 110). Further, the Secretary of the Interior

21 is authorized and directed to accept such relinquishment of

22 all remaining and unconveyed entitlement for quantity

23 grants owed the State of Utah for the Miners Hospital

24 Grant (February 20, 1929, 45 Stat. 1252) and any

25 unconveyed entitlement that may remain for the University
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1 of Utah School of Mines Grant (July 26, 1894, 28 Stat.

2 110).

3 SEC. 118. (a) No later than February 28, 1997, the

4 Secretary of the Interior, upon negotiation with the com5 mittee established pursuant to subsection (c), and with the

6 Office of Management and Budget, Special Trustee for

7 American Indians, the Chief Financial Officer for the De8 partment of the Interior, the Assistant Secretary—Indian

9 Affairs, and the Solicitor of the Department of the Interior,

10 shall transmit to the Committee on Appropriations and the

11 Committee on Indian Affairs of the United States Senate

12 and to the Committee on Appropriations and the Commit13 tee on Resources of the House of Representatives a report

14 which (1) proposes a formula to distribute the funds appro15 priated for the ‘‘Operation of Indian Programs’’ account

16 for direct payments to Indian tribes except those in Alaska

17 and (2) identifies the amount of funds set aside to provide

18 services to Indian tribes in Alaska.

19 (b) The formula and the allocation to Alaska shall be

20 deemed approved if within 30 calendar days of receipt of

21 the report from the Secretary, no one of the Committees have

22 taken action to disapprove the formula or the allocation to

23 Alaska. Notification to the Secretary of any such dis24 approval shall be accomplished by a letter signed by the

25 chairman and ranking minority member of any one of the
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1 four committees identified in subsection (a) with copies pro2 vided to the chairmen and ranking minority members of

3 the other committees identified in subsection (a).

4 (c) The negotiating committee referenced in subsection

5 (a) shall be comprised of (1) Federal representatives as

6 deemed necessary by the Secretary of the Interior and (2)

7 tribal representatives, 12 of which shall be tribal representa8 tives chosen by the tribes from each of the 12 existing BIA

9 Areas (3) one representative from each of the four Commit10 tees identified in subsection (a). Agreement by a two-thirds

11 majority of tribal representatives is necessary for any for12 mula developed by the negotiating committee.

13 (d) The formula proposed under subsection (a) shall

14 recognize the minimum funding requirements for small and

15 needy tribes.

16 (e) In developing the fiscal year 1998 budget request,

17 the Secretary shall propose separate appropriations ac18 counts for the amounts proposed for direct payments to

19 tribes; and for amounts proposed to be provided for services

20 to Indian tribes in Alaska.

21 (f) For purposes of this section, the term ‘‘Indian

22 tribe’’ means any Indian tribe, band, nation, or other orga23 nized group or community of Indians, including any Alas24 ka Native village or regional or village corporation as de25 fined in or established pursuant to the Alaska Native
53

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1 Claims Settlement Act, which is recognized as eligible for

2 the special programs and services provided by the United

3 States to Indians because of their status as Indians, as fur4 ther defined in the Indian Self-Determination and Edu5 cation Assistance Act of 1975, as amended.

6 (g) No funds shall be distributed under the formula

7 proposed pursuant to subsection (a) until the formula is

8 approved under the procedures set forth in subsection (b).

9 Not to exceed one-half of the funding to be included in the

10 tribal formula within the ‘‘Operation of Indian Programs’’

11 account shall be available prior to implementation of the

12 formula.

13 (h) The determination of what funds from the Oper14 ation of Indian Programs account, excluding funds for edu15 cation and reimbursable funds, are withheld from being

16 made available for distribution under the formula shall in17 clude a determination negotiated with the negotiating com18 mittee described in subsection (c) of the amount, if any,

19 of residual Federal funds to be retained by the Secretary

20 that are minimally necessary to carry out trustee and other

21 functions of the Federal Government that are not delegable

22 by law to the Indian tribes.

23 (i) Upon approval of the formula, the Secretary shall

24 provide for the immediate and direct transfer, to any In25 dian tribe choosing to receive all those funds in lieu of direct
54

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1 services, the share of funds identified for that Indian tribe

2 under the formula. Upon allocation of those funds to an

3 Indian tribe, those funds will not be subject the oversight

4 authority of the Bureau of Indian Affairs.

5 (j) Should the Federal-tribal negotiations under this

6 section reach an impasse at any time before December 31,

7 1996, or there are unresolved issues as of December 31,

8 1996, the Secretary and the negotiating committee described

9 in subsection (c) shall jointly select an arbitrator from the

10 roster of individuals maintained by the Administrative

11 Conference of the United States pursuant to title 5, section

12 573(c) of the United States Code, which arbitrator shall re13 solve the issues upon which there is impasse, after receiving

14 evidence and hearing arguments from both the Federal and

15 tribal representatives on the negotiating committee, and re16 port the recommended resolution of the arbitrator to the

17 Secretary and the four committees of the Congress identified

18 in subsection (a), on or before February 28, 1997.

19 (k) Section 402(b)(1) of The Indian Self-Determina20 tion and Education Assistance Act (25 U.S.C. 458bb) is

21 amended to read as follows: ‘‘(1) In addition to those Indian

22 tribes participating in self-governance under subsection (a)

23 of this section, the Secretary, acting through the Director

24 of the Office of Self-Governance, may select up to 50 new
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1 tribes per year from the applicant pool described in sub2 section (c) of this section to participate in self-governance.’’.

3 SEC. 119. In fiscal year 1997 and thereafter, the In4 dian Arts and Crafts Board may charge admission fees at

5 its museums; charge rent and/or franchise fees for shops lo6 cated in its museums; publish and sell publications; sell or

7 rent or license use of photographs or other images in hard

8 copy or other forms; license the use of designs, in whole or

9 in part, by others; charge for consulting services provided

10 to others; and may accept the services of volunteers to carry

11 out its mission: Provided, That all revenue derived from

12 such activities is covered into the special fund established

13 by section 4 of Public Law 74–355 (25 U.S.C. 305c).

14 SEC. 120. TRANSFER OF CERTAIN BUREAU OF LAND

15 MANAGEMENT FACILITIES.—

16 (a) BATTLE MOUNTAIN, NEVADA.—Not later than

17 30 days after the date of enactment of this Act, the

18 Secretary of the Interior, acting through the Director

19 of the Bureau of Land Management, shall transfer to

20 Lander County, Nevada, without consideration, title

21 to the former Bureau of Land Management adminis22 trative site and associated buildings in Battle Moun23 tain, Nevada.

24 (b) WINNEMUCCA, NEVADA.—
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1 (1) TRANSFER.—Not later than 30 days

2 after the date of enactment of this Act, the Sec3 retary of the Interior, acting through the Direc4 tor of the Bureau of Land Management, shall

5 transfer to the State of Nevada, without consider6 ation, title to the surplus Bureau of Land Man7 agement District Office building in Winnemucca,

8 Nevada.

9 (2) USE.—The transfer under paragraph

10 (1) is made with the intent that the building

11 shall be available to meet the needs of the De12 partment of Conservation and Natural Resources

13 of the State of Nevada.

14 SEC. 121. COOK INLET REGION, INC. RECOGNITION.—

15 (a) Cook Inlet Region, Inc., an Alaska Native re16 gional corporation organized under Public Law 92–

17 203, shall be deemed to be an Indian tribal entity for

18 the purpose of federal programs for which Indians are

19 eligible because of their status as Indians.

20 (b) The Bureau of Indian Affairs shall specifi21 cally include Cook Inlet Region, Inc. on any list that

22 designates federally recognized Indian tribes or In23 dian tribal entities for use in administration of any

24 Federal program.
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1 (c)(1) The tribe of a Native village located with2 in the Cook Inlet region shall serve as the tribal au3 thority for the purpose of receiving funding and ad4 ministering Federal assistance and social service pro5 grams within the settled area associated with the vil6 lage, provided that Cook Inlet Region, Inc. shall serve

7 as the tribal authority for such purposes for all other

8 areas within the region and for the Municipality of

9 Anchorage. These village tribes and Cook Inlet Re10 gion, Inc. may delegate their or its tribal authority

11 to another tribe or tribal organization in the region.

12 For purposes of this subsection, ‘‘settled area’’ shall

13 mean that area containing the cluster of houses,

14 buildings, roads, and trails of the improved village

15 site.

16 (2) For those Alaska Natives residing within the

17 Cook Inlet region who are not enrolled to or otherwise

18 affiliated with a tribe, Cook Inlet Region, Inc. shall

19 serve as the tribal authority.

20 SEC. 122. ALASKA AVIATION HERITAGE.—

21 (a) FINDINGS.—The Congress finds that—

22 (1) the Department of the Interior’s Grum23 man Goose G21–A aircraft number N789 is to be

24 retired from several decades of active service in

25 the State of Alaska in 1996; and
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1 (2) the aircraft is of significant historic

2 value to the people of the State of Alaska.

3 (b) DONATION OF AIRCRAFT.—The Secretary of

4 the Interior shall transfer the Grumman Goose G21–

5 A aircraft number N789 to the Alaska Aviation Her6 itage Museum in Anchorage, Alaska, at no cost to the

7 museum, for permanent display.

8 SEC. 123. The Mesquite Lands Act of 1988 is amended

9 by adding the following at the end of section 3:

10 ‘‘(d) FOURTH AREA.—(1) No later than ten years after

11 the date of enactment of this Act, the City of Mesquite shall

12 notify the Secretary as to which if any of the public lands

13 identified in paragraph (2) of this subsection the city wish14 es to purchase.

15 ‘‘(2) For a period of twelve years after the date of en16 actment of this Act, the city shall have exclusive right to

17 purchase the following parcels of public lands:

‘‘Parcel A—East 1 18 ⁄2 Sec. 6, T. 13 S., R. 71 E.,

19 Mount Diablo Meridian; Sec. 5, T. 13 S., R. 71 E.,

Mount Diablo Meridian; West 1 20 ⁄2 Sec. 4, T. 13 S., R.

71 E, Mount Diablo Meridian; East 1⁄2, West 1 21 ⁄2 Sec.

22 4, T. 13 S., R. 71 E., Mount Diablo Meridian.

‘‘Parcel B—North 1 23 ⁄2 Sec. 7, T. 13 S., R. 71 E.,

Mount Diablo Meridian; South East 1 24 ⁄4 Sec. 12, T. 13

S., R. 70 E., Mount Diablo Meridian; East 1 25 ⁄2, North
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East 1 1 ⁄4 Sec. 12, T. 13 S., R. 70 E., Mount Diablo

Meridian; East 1⁄2, West 1⁄2 North East 1 2 ⁄4 Sec. 12,

3 T. 13 S., R. 70 E., Mount Diablo Meridian.

‘‘Parcel C—West 1 4 ⁄2 Sec. 6, T. 13 S., R. 71 E.,

5 Mount Diablo Meridian; Sec. 1, T. 13 S., R. 70 E.,

Mount Diablo Meridian; West 1⁄2, West 1 6 ⁄2, North

East 1 7 ⁄4 Sec. 12, T. 13 S., R. 70 E., Mount Diablo

Meridian; North West 1 8 ⁄4 Sec. 13, S., R. 70 E., Mount

Diablo Meridian; West 1 9 ⁄2 Sec. 12, T. 13 S., R. 70 E.,

Mount Diablo Meridian; East 1⁄2, South East 1 10 ⁄4, Sec.

11 11, T. 13 S., R. 70 E., Mount Diablo Meridian; East

1⁄2 North East 1 12 ⁄4, Sec. 14, T. 13 S., R. 70 E., Mount

13 Diablo Meridian.

‘‘Parcel D—South 1 14 ⁄2 Sec. 14, T. 13 S., R. 70 E.,

Mount Diablo Meridian; South West 1 15 ⁄4, Sec. 13, T.

16 13 S., R. 70 E., Mount Diablo Meridian; Portion of

17 section 23, North of Interstate 15, T. 13 S., R. 70 E.,

18 Mount Diablo Meridian; Portion of section 24, North

19 of Interstate 15, T. 13 S., R. 70 E., Mount Diablo

20 Meridian; Portion of section 26, North of Interstate

21 15, T. 13 S., R. 70 E., Mount Diablo Meridian.’’

22 SEC. 124. FATHER AULL SITE TRANSFER.

23 (a) This section may be cited as the ‘‘Father Aull Site

24 Transfer Act of 1996’’.

25 (b) FINDINGS.—Congress finds that—
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1 (1) the buildings and grounds developed by Fa2 ther Roger Aull located on public domain land near

3 Silver City, New Mexico, are historically significant

4 to the citizens of the community;

5 (2) vandalism at the site has become increas6 ingly destructive and frequent in recent years;

7 (3) because of the isolated location and the dis8 tance from other significant resources and agency fa9 cilities, the Bureau of Land Management has been

10 unable to devote sufficient resources to restore and

11 protect the site from further damage; and

12 (4) St. Vincent DePaul Parish in Silver City,

13 New Mexico, has indicated an interest in, and devel14 oped a sound proposal for the restoration of, the site,

15 such that the site could be permanently occupied and

16 used by the community.

17 (c) CONVEYANCE OF PROPERTY.—Subject to valid ex18 isting rights, all right, title and interest of the United States

19 in and to the land (including improvements on the land),

20 consisting of approximately 43.06 acres, located approxi21 mately 10 miles east of Silver City, New Mexico, and de22 scribed as follows: T. 17 S., R. 12 W., Section 30: Lot 13,

23 and Section 31: Lot 27 (as generally depicted on the map

24 dated July 1995) is hereby conveyed by operation of law
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1 to St. Vincent DePaul Parish in Silver City, New Mexico,

2 without consideration.

3 (d) RELEASE.—Upon the conveyance of any land or

4 interest in land identified in this section of St. Vincent

5 DePaul Parish, St. Vincent DePaul Parish shall assume

6 any liability for any claim relating to the land or interest

7 in the land arising after the date of the conveyance.

8 (e) MAP.—The map referred to in this section shall

9 be on file and available for public inspection in—

10 (1) the State of New Mexico Office of the Bureau

11 of Land Management, Santa Fe, New Mexico; and

12 (2) the Las Cruces District Office of the Bureau

13 of Land Management, Las Cruces, New Mexico.

14 TITLE II—RELATED AGENCIES

15 DEPARTMENT OF AGRICULTURE

16 FOREST SERVICE

17 FOREST AND RANGELAND RESEARCH

18 For necessary expenses of forest and rangeland re19 search as authorized by law, $179,000,000 $180,200,000,

20 to remain available until September 30, 1998: Provided,

21 That unobligated and unexpended balances remaining in

22 this account at the end of fiscal year 1996 shall be merged

23 with and made a part of the fiscal year 1997 Forest and

24 Rangeland Research appropriation expended.
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1 STATE AND PRIVATE FORESTRY

2 For necessary expenses of cooperating with, and pro3 viding technical and financial assistance to States, Terri4 tories, possessions, and others and for forest pest manage5 ment activities, cooperative forestry and education and

6 land conservation activities, $148,884,000 $156,811,000 to

7 remain available until expended, as authorized by law.

8 NATIONAL FOREST SYSTEM

9 For necessary expenses of the Forest Service, not

10 otherwise provided for, for management, protection, im11 provement, and utilization of the National Forest System,

12 for ecosystem planning, inventory, and monitoring, and for

13 administrative expenses associated with the management

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

15 Research,’’ ‘‘State and Private Forestry,’’ ‘‘National For16 est System,’’ ‘‘Wildland Fire Management,’’ ‘‘Reconstruc17 tion and Construction,’’ and ‘‘Land Acquisition,’’

18 $1,259,057,000 (reduced by $1,000,000) $1,285,881,000

19 to remain available for obligation until September 30,

20 1998 expended, and including 50 60 per centum of all

21 monies received during the prior fiscal year as fees col22 lected under the Land and Water Conservation Fund Act

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

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

25 and unexpended balances in the National Forest System
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1 account at the end of fiscal year 1996, shall be merged

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

3 Forest System appropriation, and shall remain available

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

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

6 road maintenance shall be available for the planned oblit7 eration of roads which are no longer needed.

8 WILDLAND FIRE MANAGEMENT

9 For necessary expenses for forest fire presuppression

10 activities on National Forest System lands, for emergency

11 fire suppression on or adjacent to such lands or other

12 lands under fire protection agreement, and for emergency

13 rehabilitation of burned over National Forest System

14 lands, $411,485,000, to remain available until expended:

15 Provided, That unexpended balances of amounts pre16 viously appropriated under any other headings for Forest

17 Service fire activities are transferred to and merged with

18 this appropriation and subject to the same terms and con19 ditions: Provided further, That such funds are available

20 for repayment of advances from other appropriations ac21 counts previously transferred for such purposes.

22 For an additional amount to cover necessary expenses

23 for emergency rehabilitation, presuppression due to emer24 gencies, and wildfire suppression activities of the Forest

25 Service, $250,000,000, to remain available until expended:
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1 Provided, That such funds are available for repayment of

2 advances from other accounts previously transferred for

3 such purposes.

4 In addition, to cover necessary expenses for emergency

5 rehabilitation, presuppression due to emergencies, and

6 wildfire suppression activities of the Forest Service,

7 $109,531,000, to remain available until expended: Pro8 vided, That these funds, or any portion thereof, shall be

9 available only to the extent that the President notifies the

10 Congress of his designation of any or all of these amounts

11 as emergency requirements under the Balanced Budget and

12 Emergency Deficit Control Act of 1985, as amended: Pro13 vided further, That the entire amount is designated by Con14 gress as an emergency requirement pursuant to section

15 252(b)(2)(D)(I) of such Act: Provided further, That such

16 funds are available for repayment of advances from other

17 appropriations accounts previously transferred for such

18 purposes.

19 RECONSTRUCTION AND CONSTRUCTION

20 For necessary expenses of the Forest Service, not

21 otherwise provided for, $164,100,000 $172,167,000, to re22 main available until expended for construction, reconstruc23 tion and acquisition of buildings and other facilities, and

24 for construction, reconstruction and repair of forest roads

25 and trails by the Forest Service as authorized by 16

26 U.S.C. 532–538 and 23 U.S.C. 101 and 205: Provided,
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1 That not to exceed $50,000,000, to remain available until

2 expended, may be obligated for the construction of forest

3 roads by timber purchasers:–Provided further, That funds

4 appropriated under this head for the construction of the

5 Wayne National Forest Supervisor’s Office may be grant6 ed to the Ohio State Highway Patrol, Ohio State Depart7 ment of Transportation, as the Federal share of the cost

8 of construction of a new facility to be jointly occupied by

9 the Forest Service and the Ohio State Highway Patrol:

10 Provided further, That an agreed upon lease of space in

11 the new facility shall be provided to the Forest Service

12 without charge for the life of the building.

13 LAND ACQUISITION

14 For expenses necessary to carry out the provisions

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

16 as amended (16 U.S.C. 4601–4–11), including adminis17 trative expenses, and for acquisition of land or waters, or

18 interest therein, in accordance with statutory authority

19 applicable to the Forest Service, $30,000,000 $39,660,000,

20 to be derived from the Land and Water Conservation

21 Fund, to remain available until expended:–Provided, That

22 funding for specific land acquisitions are subject to the

23 approval of the House and Senate Committees on Appro24 priations.
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1 ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL

2 ACTS

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

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

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

8 be derived from forest receipts.

9 ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES

10 For acquisition of lands, such sums, to be derived

11 from funds deposited by State, county, or municipal gov12 ernments, public school districts, or other public school au13 thorities pursuant to the Act of December 4, 1967, as

14 amended (16 U.S.C. 484a), to remain available until ex15 pended.

16 RANGE BETTERMENT FUND

17 For necessary expenses of range rehabilitation, pro18 tection, and improvement, 50 per centum of all moneys

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

20 domestic livestock on lands in National Forests in the six21 teen Western States, pursuant to section 401(b)(1) of

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

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

24 available for administrative expenses associated with on-
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1 the-ground range rehabilitation, protection, and improve2 ments.

3 GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND

4 RANGELAND RESEARCH

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

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

7 from the fund established pursuant to the above Act.

8 ADMINISTRATIVE PROVISIONS, FOREST SERVICE

9 Appropriations to the Forest Service for the current

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

11 exceed 159 passenger motor vehicles of which 14 will be

12 used primarily for law enforcement purposes and of which

13 149 shall be for replacement; acquisition of 10 passenger

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

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

17 of 20 aircraft from excess sources; notwithstanding other

18 provisions of law, existing aircraft being replaced may be

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

20 the purchase price for the replacement aircraft; (b) serv21 ices pursuant to 7 U.S.C. 2225, and not to exceed

22 $100,000 for employment under 5 U.S.C. 3109; (c) pur23 chase, erection, and alteration of buildings and other pub24 lic improvements (7 U.S.C. 2250); (d) acquisition of land,

25 waters, and interests therein, pursuant to 7 U.S.C. 428a;
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1 (e) for expenses pursuant to the Volunteers in the Na2 tional Forest Act of 1972 (16 U.S.C 558a, 558d, 558a

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

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

5 None of the funds made available under this Act shall

6 be obligated or expended to change the boundaries of any

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

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

9 Forest System administration of the Forest Service, Depart10 ment of Agriculture, or to implement any reorganization,

11 ‘‘reinvention’’ or other type of organizational restructuring

12 of the Forest Service, other than the relocation of the Re13 gional Office for Region 5 of the Forest Service from San

14 Francisco to excess military property at Mare Island,

15 Vallejo, California, without the consent of the House and

16 Senate Committees on Appropriations.

17 Any funds available to the Forest Service may be used

18 for retrofitting Mare Island facilities to accommodate the

19 relocation: Provided, That funds for the move must come

20 from funds otherwise available to Region 5: Provided fur21 ther, That any funds to be provided for such purposes shall

22 only be available upon approval of the House and Senate

23 Committees on Appropriations.

24 Any appropriations or funds available to the Forest

25 Service may be advanced to the Wildland Fire Manage-
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1 ment appropriation and may be used for forest firefighting

2 and the emergency rehabilitation of burned-over lands

3 under its jurisdiction.

4 Funds appropriated to the Forest Service shall be

5 available for assistance to or through the Agency for Inter6 national Development and the Foreign Agricultural Serv7 ice in connection with forest and rangeland research, tech8 nical information, and assistance in foreign countries, and

9 shall be available to support forestry and related natural

10 resource activities outside the United States and its terri11 tories and possessions, including technical assistance, edu12 cation and training, and cooperation with United States

13 and international organizations.

14 None of the funds made available to the Forest Serv15 ice under this Act shall be subject to transfer under the

16 provisions of section 702(b) of the Department of Agri17 culture Organic Act of 1944 (7 U.S.C. 2257) or 7 U.S.C

18 147b unless the proposed transfer is approved in advance

19 by the House and Senate Committees on Appropriations

20 in compliance with the reprogramming procedures con21 tained in House Report 103–551.

22 None of the funds available to the Forest Service may

23 be reprogrammed without the advance approval of the

24 House and Senate Committees on Appropriations in ac-
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1 cordance with the procedures contained in House Report

2 103–551.

3 No funds appropriated to the Forest Service shall be

4 transferred to the Working Capital Fund of the Depart5 ment of Agriculture without the approval of the Chief of

6 the Forest Service.

7 Notwithstanding any other provision of the law, any

8 appropriations or funds available to the Forest Service

9 may be used to disseminate program information to pri10 vate and public individuals and organizations through the

11 use of nonmonetary items of nominal value and to provide

12 nonmonetary awards of nominal value and to incur nec13 essary expenses for the nonmonetary recognition of private

14 individuals and organizations that make contributions to

15 Forest Service programs.

16 Notwithstanding any other provision of law, money

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

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

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

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

21 permit applications and for costs incurred in monitoring

22 the construction, operation, maintenance, and termination

23 of any pipeline and related facilities, may be used to reim24 burse the applicable appropriation to which such costs

25 were originally charged.
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1 Funds available to the Forest Service shall be avail2 able to conduct a program of not less than $1,000,000

3 for high priority projects within the scope of the approved

4 budget which shall be carried out by the Youth Conserva5 tion Corps as authorized by the Act of August 13, 1970,

6 as amended by Public Law 93–408.

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

8 for timber sale preparation using clearcutting in hardwood

9 stands in excess of 25 percent of the fiscal year 1989 har10 vested volume in the Wayne National Forest, Ohio: Pro11 vided, That this limitation shall not apply to hardwood

12 stands damaged by natural disaster: Provided further,

13 That landscape architects shall be used to maintain a vis14 ually pleasing forest.

15 Any money collected from the States for fire suppres16 sion assistance rendered by the Forest Service on non17 Federal lands not in the vicinity of National Forest Sys18 tem lands shall be used to reimburse the applicable appro19 priation and shall remain available until expended as the

20 Secretary may direct in conducting activities authorized

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

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

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

24 reception and representation expenses.
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1 Notwithstanding any other provision of law, the For2 est Service is authorized to employ or otherwise contract

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

4 Service, to perform work occasioned by emergencies such

5 as fires, storms, floods, earthquakes or any other unavoid6 able cause without regard to Sundays, Federal holidays,

7 and the regular workweek.

8 To the greatest extent possible, and in accordance

9 with the Final Amendment to the Shawnee National For10 est Plan, none of the funds available in this Act shall be

11 used for preparation of timber sales using clearcutting or

12 other forms of even aged management in hardwood stands

13 in the Shawnee National Forest, Illinois.

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

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

16 shall be available for the National Forest Foundation.

17 Pursuant to section 2(b)(2) of Public Law 98–244, up

18 to $1,000,000 of the funds available to the Forest Service

19 shall be available for matching funds, as authorized in 16

20 U.S.C. 3701–3709, on a one-for-one basis to match private

21 contributions for projects on National Forest System lands

22 or related to Forest Service programs.

23 Pursuant to section 402(b) of Public Law 101–593, up

24 to $1,000,000 of the funds available to the Forest Service

25 shall be available for matching funds, as authorized in 16
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1 U.S.C. 583j–3, on a one-for-one basis to match private con2 tributions for projects on National Forest System lands or

3 related to Forest Service programs.

4 Funds appropriated to the Forest Service shall be

5 available for interactions with and providing technical as6 sistance to rural communities for sustainable rural devel7 opment purposes.

8 Notwithstanding any other provision of law, 80 per9 cent of the funds appropriated to the Forest Service in

10 the National Forest System and Construction accounts

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

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

13 land in the State of Washington may be granted directly

14 to the Washington State Department of Fish and Wildlife

15 for accomplishment of planned projects. Twenty percent

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

17 planning and administering projects. Project selection and

18 prioritization shall be accomplished by the Forest Service

19 with such consultation with the State of Washington as

20 the Forest Service deems appropriate.

21 Funds appropriated to the Forest Service shall be

22 available for payments to counties within the Columbia

23 River Gorge National Scenic Area, pursuant to sections

24 14(c)(1) and (2), and section 16(a)(2) of Public Law 99–

25 663.
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1 None of the funds provided in this or any other Act

2 may be spent to implement the Tongass Land Management

3 Plan (TLMP) revision until the General Accounting Office

4 certifies that the process used to develop the TLMP complies

5 with the National Forest Management Act of 1976 (90 Stat.

6 2949; Public Law 94–588) and the Tongass Timber Reform

7 Act of 1990 (104 Stat. 4426; Public Law 101–626), as

8 amended.

9 DEPARTMENT OF ENERGY

10 CLEAN COAL TECHNOLOGY

11 (RESCISSION)

12 Of the funds made available under this heading for

13 obligation in fiscal year 1997 or prior years, $150,000,000

14 are rescinded: Provided, That funds made available in pre15 vious appropriations Acts shall be available for any ongo16 ing project regardless of the separate request for proposal

17 under which the project was selected.

18 FOSSIL ENERGY RESEARCH AND DEVELOPMENT

19 For necessary expenses in carrying out fossil energy

20 research and development activities, under the authority

21 of the Department of Energy Organization Act (Public

22 Law 95–91), including the acquisition of interest, includ23 ing defeasible and equitable interests in any real property

24 or any facility or for plant or facility acquisition or expan25 sion, and for conducting inquiries, technological investiga26 tions and research concerning the extraction, processing,
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HR 3662 RS

1 use, and disposal of mineral substances without objection2 able social and environmental costs (30 U.S.C. 3, 1602,

3 and 1603), performed under the minerals and materials

4 science programs at the Albany Research Center in Or5 egon, $354,754,000 $367,504,000, to remain available

6 until expended: Provided, That no part of the sum herein

7 made available shall be used for the field testing of nuclear

8 explosives in the recovery of oil and gas.

9 ALTERNATIVE FUELS PRODUCTION

10 (INCLUDING TRANSFER AND RESCISSION OF FUNDS)

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

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

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

15 account and immediately transferred to the General Fund

16 of the Treasury. Monies received as revenue sharing from

17 the operation of the Great Plains Gasification Plant shall

18 be immediately transferred to the General Fund of the

19 Treasury. Funds are hereby rescinded in the amount of

20 $2,500,000 from unobligated balances under this head.

21 NAVAL PETROLEUM AND OIL SHALE RESERVES

22 For necessary expenses in carrying out naval petro23 leum and oil shale reserve activities, $143,786,000 (re24 duced by $11,764,000) $133,000,000, to remain available
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1 until expended: Provided, That the requirements of 10

2 U.S.C. 7430(b)(2)(B) shall not apply to fiscal year 1997.

3 ENERGY CONSERVATION

4 For necessary expenses in carrying out energy con5 servation activities, $507,680,000 (increased by

6 $11,764,000) (increased by $4,000,000) $570,452,000, to

7 remain available until expended, including, notwithstand8 ing any other provision of law, the excess amount for fiscal

9 year 1997 determined under the provisions of section

10 3003(d) of Public Law 99–509 (15 U.S.C. 4502): Pro11 vided, That $125,000,000 (increased by $11,764,000)

12 $158,900,000 shall be for use in energy conservation pro13 grams as defined in section 3008(3) of Public Law 99–

14 509 (15 U.S.C. 4507) and shall not be available until ex15 cess amounts are determined under the provisions of sec16 tion 3003(d) of Public Law 99–509 (15 U.S.C. 4502):

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

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

19 eligible programs as follows: $100,000,000 (increased by

20 $11,764,000) $131,500,000 for weatherization assistance

21 grants and $25,000,000 $27,400,000 for State energy con22 servation grants.
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1 ECONOMIC REGULATION

2 For necessary expenses in carrying out the activities

3 of the Office of Hearing and Appeals, $2,725,000, to re4 main available until expended.

5 STRATEGIC PETROLEUM RESERVE

6 (INCLUDING TRANSFER OF FUNDS)

7 For necessary expenses for Strategic Petroleum Re8 serve facility development and operations and program

9 management activities pursuant to the Energy Policy and

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

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

12 of which $220,000,000 shall be repaid from the ‘‘SPR Op13 erating Fund’’ from amounts made available from the sale

14 of oil from the Reserve of which $220,000,000 shall be re15 paid from the ‘‘SPR Operating Fund’’ from amounts made

16 available from the sale of oil from the Reserve: Provided,

17 That notwithstanding section 161 of the Energy Policy and

18 Conservation Act, the Secretary shall draw down and sell

19 in fiscal year 1997 $220,000,000 worth of oil from the Stra20 tegic Petroleum Reserve: Provided further, That the proceeds

21 from the sale shall be deposited into a special account in

22 the Treasury, to be established and known as the ‘‘SPR Op23 erating Fund’’, and shall, upon receipt, be transferred to

24 the Strategic Petroleum Reserve account for operations of

25 the Strategic Petroleum Reserve.
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1 SPR PETROLEUM ACCOUNT

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

3 States share of crude oil in Naval Petroleum Reserve

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

5 of to other than the Strategic Petroleum Reserve: Pro6 vided, That outlays in fiscal year 1997 resulting from the

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

8 ENERGY INFORMATION ADMINISTRATION

9 For necessary expenses in carrying out the activities

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

11 $64,120,000 to remain available until expended.

12 ADMINISTRATIVE PROVISIONS, DEPARTMENT OF ENERGY

13 Appropriations under this Act for the current fiscal

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

15 hire, maintenance, and operation of aircraft; purchase, re16 pair, and cleaning of uniforms; and reimbursement to the

17 General Services Administration for security guard serv18 ices.

19 From appropriations under this Act, transfers of

20 sums may be made to other agencies of the Government

21 for the performance of work for which the appropriation

22 is made.

23 None of the funds made available to the Department

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

25 finance authorized price support or loan guarantee pro-
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1 grams unless specific provision is made for such programs

2 in an appropriations Act.

3 The Secretary is authorized to accept lands, build4 ings, equipment, and other contributions from public and

5 private sources and to prosecute projects in cooperation

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

7 Provided, That revenues and other moneys received by or

8 for the account of the Department of Energy or otherwise

9 generated by sale of products in connection with projects

10 of the Department appropriated under this Act may be

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

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

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

14 in appropriate cost-sharing contracts or agreements: Pro15 vided further, That the remainder of revenues after the

16 making of such payments shall be covered into the Treas17 ury as miscellaneous receipts: Provided further, That any

18 contract, agreement, or provision thereof entered into by

19 the Secretary pursuant to this authority shall not be exe20 cuted prior to the expiration of 30 calendar days (not in21 cluding any day in which either House of Congress is not

22 in session because of adjournment of more than three cal23 endar days to a day certain) from the receipt by the

24 Speaker of the House of Representatives and the Presi25 dent of the Senate of a full comprehensive report on such
80

HR 3662 RS

1 project, including the facts and circumstances relied upon

2 in support of the proposed project.

3 No funds provided in this Act may be expended by

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

5 procurement documents for programs or projects for

6 which appropriations have not been made.

7 In addition to other authorities set forth in this Act,

8 the Secretary may accept fees and contributions from pub9 lic and private sources, to be deposited in a contributed

10 funds account, and prosecute projects using such fees and

11 contributions in cooperation with other Federal, State or

12 private agencies or concerns.

13 DEPARTMENT OF HEALTH AND HUMAN

14 SERVICES

15 INDIAN HEALTH SERVICE

16 INDIAN HEALTH SERVICES

17 For expenses necessary to carry out the Act of Au18 gust 5, 1954 (68 Stat. 674), the Indian Self-Determina19 tion Act, the Indian Health Care Improvement Act, and

20 titles II and III of the Public Health Service Act with re21 spect to the Indian Health Service, $1,779,561,000

22 $1,800,836,000, together with payments received during

23 the fiscal year pursuant to 42 U.S.C. 238(b) for services

24 furnished by the Indian Health Service: Provided, That

25 funds made available to tribes and tribal organizations
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HR 3662 RS

1 through contracts, grant agreements, or any other agree2 ments or compacts authorized by the Indian Self-Deter3 mination and Education Assistance Act of 1975 (25

4 U.S.C. 450), shall be deemed to be obligated at the time

5 of the grant or contract award and thereafter shall remain

6 available to the tribe or tribal organization without fiscal

7 year limitation: Provided further, That $12,000,000 shall

8 remain available until expended, for the Indian Cata9 strophic Health Emergency Fund: Provided further, That

10 $353,125,000 $353,128,000 for contract medical care shall

11 remain available for obligation until September 30, 1998:

12 Provided further, That of the funds provided, not less than

13 $11,306,000 $11,706,000 shall be used to carry out the

14 loan repayment program under section 108 of the Indian

15 Health Care Improvement Act: Provided further, That

16 funds provided in this Act may be used for one-year con17 tracts and grants which are to be performed in two fiscal

18 years, so long as the total obligation is recorded in the

19 year for which the funds are appropriated: Provided fur20 ther, That the amounts collected by the Secretary of

21 Health and Human Services under the authority of title

22 IV of the Indian Health Care Improvement Act shall re23 main available until expended for the purpose of achieving

24 compliance with the applicable conditions and require25 ments of titles XVIII and XIX of the Social Security Act
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HR 3662 RS

1 (exclusive of planning, design, or construction of new fa2 cilities):–Provided further, That of the funds provided,

3 $7,500,000 shall remain available until expended, for the

4 Indian Self-Determination Fund, which shall be available

5 for the transitional costs of initial or expanded tribal con6 tracts, grants or cooperative agreements with the Indian

7 Health Service under the provisions of the Indian Self8 Determination Act: Provided further, That of the funds pro9 vided, $7,500,000 shall remain available until expended, for

10 the Indian Self-Determination Fund, which shall be avail11 able for the nonrecurring transitional costs of initial or ex12 panded tribal contracts, compacts, grants or cooperative

13 agreements with the Indian Health Service under the provi14 sions of the Indian Self-Determination Act: Provided fur15 ther, That funding contained herein, and in any earlier

16 appropriations Acts for scholarship programs under the

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

18 shall remain available for obligation until September 30,

19 1998: Provided further, That amounts received by tribes

20 and tribal organizations under title IV of the Indian

21 Health Care Improvement Act shall be reported and ac22 counted for and available to the receiving tribes and tribal

23 organizations until expended.
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HR 3662 RS

1 INDIAN HEALTH FACILITIES

2 For construction, repair, maintenance, improvement,

3 and equipment of health and related auxiliary facilities,

4 including quarters for personnel; preparation of plans,

5 specifications, and drawings; acquisition of sites, purchase

6 and erection of modular buildings, and purchases of trail7 ers; and for provision of domestic and community sanita8 tion facilities for Indians, as authorized by section 7 of

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

10 Self-Determination Act, and the Indian Health Care Im11 provement Act, and for expenses necessary to carry out

12 such Acts and titles II and III of the Public Health Serv13 ice Act with respect to environmental health and facilities

14 support activities of the Indian Health Service,

15 $227,701,000 $251,957,000, to remain available until ex16 pended: Provided, That notwithstanding any other provi17 sion of law, funds appropriated for the planning, design,

18 construction or renovation of health facilities for the bene19 fit of an Indian tribe or tribes may be used to purchase

20 land for sites to construct, improve, or enlarge health or

21 related facilities.

22 ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE

23 Appropriations in this Act to the Indian Health Serv24 ice shall be available for services as authorized by 5 U.S.C.

25 3109 but at rates not to exceed the per diem rate equiva-
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1 lent to the maximum rate payable for senior-level positions

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

3 aircraft; purchase of medical equipment; purchase of re4 prints; purchase, renovation and erection of modular

5 buildings and renovation of existing facilities; payments

6 for telephone service in private residences in the field,

7 when authorized under regulations approved by the Sec8 retary; and for uniforms or allowances therefore as au9 thorized by 5 U.S.C. 5901–5902; and for expenses of at10 tendance at meetings which are concerned with the func11 tions or activities for which the appropriation is made or

12 which will contribute to improved conduct, supervision, or

13 management of those functions or activities: Provided,

14 That in accordance with the provisions of the Indian

15 Health Care Improvement Act, non-Indian patients may

16 be extended health care at all tribally administered or In17 dian Health Service facilities, subject to charges, and the

18 proceeds along with funds recovered under the Federal

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

20 credited to the account of the facility providing the service

21 and shall be available without fiscal year limitation: Pro22 vided further, That notwithstanding any other law or regu23 lation, funds transferred from the Department of Housing

24 and Urban Development to the Indian Health Service

25 shall be administered under Public Law 86–121 (the In-
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1 dian Sanitation Facilities Act) and Public Law 93–638,

2 as amended: Provided further, That funds appropriated to

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

4 for administrative and program direction purposes, shall

5 not be subject to limitations directed at curtailing Federal

6 travel and transportation: Provided further, That the In7 dian Health Service shall neither bill nor charge those In8 dians who may have the economic means to pay unless

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

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

11 to implement such a policy: Provided further, That not12 withstanding any other provision of law, funds previously

13 or herein made available to a tribe or tribal organization

14 through a contract, grant, or agreement authorized by

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

16 Education Assistance Act of 1975 (25 U.S.C. 450), may

17 be deobligated and reobligated to a self-determination con18 tract under title I, or a self-governance agreement under

19 title III of such Act and thereafter shall remain available

20 to the tribe or tribal organization without fiscal year limi21 tation: Provided further, That none of the funds made

22 available to the Indian Health Service in this Act shall

23 be used to implement the final rule published in the Fed24 eral Register on September 16, 1987, by the Department

25 of Health and Human Services, relating to the eligibility
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1 for the health care services of the Indian Health Service

2 until the Indian Health Service has submitted a budget

3 request reflecting the increased costs associated with the

4 proposed final rule, and such request has been included

5 in an appropriations Act and enacted into law: Provided

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

7 apportioned to the Indian Health Service as appropriated

8 in this Act, and accounted for in the appropriation struc9 ture set forth in this Act: Provided further, That funds

10 received from any source, including tribal contractors and

11 compactors for previously transferred functions which

12 tribal contractors and compactors no longer wish to retain,

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

14 shall be retained by the Indian Health Service and shall

15 remain available until expended by the Indian Health

16 Service: Provided further, That reimbursements for train17 ing, technical assistance, or services provided by the In18 dian Health Service will contain total costs, including di19 rect, administrative, and overhead associated with the pro20 vision of goods, services, or technical assistance: Provided

21 further, That the appropriation structure for the Indian

22 Health Service may not be altered without advance ap23 proval of the House and Senate Committees on Appropria24 tions.
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1 DEPARTMENT OF EDUCATION

2 OFFICE OF ELEMENTARY AND SECONDARY EDUCATION

3 INDIAN EDUCATION

4 For necessary expenses to carry out, to the extent

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

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

7 section 215 of the Department of Education Organization

8 Act, $52,500,000.

9 OTHER RELATED AGENCIES

10 OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION

11 SALARIES AND EXPENSES

12 For necessary expenses of the Office of Navajo and

13 Hopi Indian Relocation as authorized by Public Law 93–

14 531, $20,345,000 $19,345,000, to remain available until

15 expended: Provided, That funds provided in this or any

16 other appropriations Act are to be used to relocate eligible

17 individuals and groups including evictees from District 6,

18 Hopi-partitioned lands residents, those in significantly

19 substandard housing, and all others certified as eligible

20 and not included in the preceding categories: Provided fur21 ther, That none of the funds contained in this or any other

22 Act may be used by the Office of Navajo and Hopi Indian

23 Relocation to evict any single Navajo or Navajo family

24 who, as of November 30, 1985, was physically domiciled

25 on the lands partitioned to the Hopi Tribe unless a new
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HR 3662 RS

1 or replacement home is provided for such household: Pro2 vided further, That no relocatee will be provided with more

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

4 the Office shall relocate any certified eligible relocatees

5 who have selected and received an approved homesite on

6 the Navajo reservation or selected a replacement residence

7 off the Navajo reservation or on the land acquired pursu8 ant to 25 U.S.C. 640d–10.

9 INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE

10 CULTURE AND ARTS DEVELOPMENT

11 PAYMENT TO THE INSTITUTE

12 For payment to the Institute of American Indian and

13 Alaska Native Culture and Arts Development, as author14 ized by title XV of Public Law 99–498, as amended (20

15 U.S.C. 56, part A), $5,500,000.

16 SMITHSONIAN INSTITUTION

17 SALARIES AND EXPENSES

18 For necessary expenses of the Smithsonian Institu19 tion, as authorized by law, including research in the fields

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

21 documentation of the National Collections; presentation of

22 public exhibits and performances; collection, preparation,

23 dissemination, and exchange of information and publica24 tions; conduct of education, training, and museum assist25 ance programs; maintenance, alteration, operation, lease
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HR 3662 RS

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

2 buildings, facilities, and approaches; not to exceed

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

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

6 $317,188,000 $317,582,000, of which not to exceed

7 $31,664,000 $30,665,000 for the instrumentation pro8 gram, collections acquisition, Museum Support Center

9 equipment and move, exhibition reinstallation, the Na10 tional Museum of the American Indian, the repatriation

11 of skeletal remains program, research equipment, informa12 tion management, and Latino programming shall remain

13 available until expended, and including such funds as may

14 be necessary to support American overseas research cen15 ters and a total of $125,000 for the Council of American

16 Overseas Research Centers: Provided, That funds appro17 priated herein are available for advance payments to inde18 pendent contractors performing research services or par19 ticipating in official Smithsonian presentations.

20 CONSTRUCTION AND IMPROVEMENTS, NATIONAL

21 ZOOLOGICAL PARK

22 For necessary expenses of planning, construction, re23 modeling, and equipping of buildings and facilities at the

24 National Zoological Park, by contract or otherwise,
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1 $3,250,000 $4,000,000, to remain available until ex2 pended.

3 REPAIR AND RESTORATION OF BUILDINGS

4 For necessary expenses of repair and restoration of

5 buildings owned or occupied by the Smithsonian Institu6 tion, by contract or otherwise, as authorized by section

7 2 of the Act of August 22, 1949 (63 Stat. 623), including

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

9 U.S.C. 3109, $39,954,000 $38,000,000, to remain avail10 able until expended: Provided, That contracts awarded for

11 environmental systems, protection systems, and exterior

12 repair or restoration of buildings of the Smithsonian Insti13 tution may be negotiated with selected contractors and

14 awarded on the basis of contractor qualifications as well

15 as price.

16 CONSTRUCTION

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

18 $12,000,000, to remain available until expended.

19 NATIONAL GALLERY OF ART

20 SALARIES AND EXPENSES

21 For the upkeep and operations of the National Gal22 lery of Art, the protection and care of the works of art

23 therein, and administrative expenses incident thereto, as

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

25 as amended by the public resolution of April 13, 1939
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1 (Public Resolution 9, Seventy-sixth Congress), including

2 services as authorized by 5 U.S.C. 3109; payment in ad3 vance when authorized by the treasurer of the Gallery for

4 membership in library, museum, and art associations or

5 societies whose publications or services are available to

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

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

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

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

10 purchase or rental of devices and services for protecting

11 buildings and contents thereof, and maintenance, alter12 ation, improvement, and repair of buildings, approaches,

13 and grounds; and purchase of services for restoration and

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

15 contracts made, without advertising, with individuals,

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

17 such terms and conditions as the Gallery may deem prop18 er, $53,899,000, of which not to exceed $3,026,000 for

19 the special exhibition program shall remain available until

20 expended.

21 REPAIR, RESTORATION AND RENOVATION OF BUILDINGS

22 For necessary expenses of repair, restoration and

23 renovation of buildings, grounds and facilities owned or

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

25 otherwise, as authorized, $5,942,000, to remain available
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1 until expended: Provided, That contracts awarded for envi2 ronmental systems, protection systems, and exterior repair

3 or renovation of buildings of the National Gallery of Art

4 may be negotiated with selected contractors and awarded

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

6 JOHN F. KENNEDY CENTER FOR THE PERFORMING

7 ARTS

8 OPERATIONS AND MAINTENANCE

9 For necessary expenses for the operation, mainte10 nance and security of the John F. Kennedy Center for

11 the Performing Arts, $10,875,000.

12 CONSTRUCTION

13 For necessary expenses of capital repair and rehabili14 tation of the existing features of the building and site of

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

16 $9,000,000, to remain available until expended.

17 WOODROW WILSON INTERNATIONAL CENTER FOR

18 SCHOLARS

19 SALARIES AND EXPENSES

20 For expenses necessary in carrying out the provisions

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

22 1356) including hire of passenger vehicles and services as

23 authorized by 5 U.S.C. 3109, $5,840,000.
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1 NATIONAL FOUNDATION ON THE ARTS AND THE

2 HUMANITIES

3 NATIONAL ENDOWMENT FOR THE ARTS

4 GRANTS AND ADMINISTRATION

5 For necessary expenses to carry out the National

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

7 as amended, $82,734,000, shall be available to the Na8 tional Endowment for the Arts for the support of projects

9 and productions in the arts through assistance to organi10 zations and individuals pursuant to section 5(c) of the Act,

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

12 available until expended.

13 MATCHING GRANTS

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

15 National Foundation on the Arts and the Humanities Act

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

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

18 Provided, That this appropriation shall be available for ob19 ligation only in such amounts as may be equal to the total

20 amounts of gifts, bequests, and devises of money, and

21 other property accepted by the Chairman or by grantees

22 of the Endowment under the provisions of section

23 10(a)(2), subsections 11(a)(2)(A) and 11(a)(3)(A) during

24 the current and preceding fiscal years for which equal

25 amounts have not previously been appropriated.
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1 NATIONAL ENDOWMENT FOR THE HUMANITIES

2 GRANTS AND ADMINISTRATION

3 For necessary expenses to carry out the National

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

5 as amended, $92,994,000 $87,994,000 shall be available

6 to the National Endowment for the Humanities for sup7 port of activities in the humanities, pursuant to section

8 7(c) of the Act, and for administering the functions of the

9 Act, to remain available until expended.

10 MATCHING GRANTS

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

12 National Foundation on the Arts and the Humanities Act

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

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

15 the National Endowment for the Humanities for the pur16 poses of section 7(h): Provided, That this appropriation

17 shall be available for obligation only in such amounts as

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

19 devises of money, and other property accepted by the

20 Chairman or by grantees of the Endowment under the

21 provisions of subsections 11(a)(2)(B) and 11(a)(3)(B)

22 during the current and preceding fiscal years for which

23 equal amounts have not previously been appropriated.
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1 INSTITUTE OF MUSEUM SERVICES

2 GRANTS AND ADMINISTRATION

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

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

5 to remain available until expended.

6 ADMINISTRATIVE PROVISIONS

7 None of the funds appropriated to the National

8 Foundation on the Arts and the Humanities may be used

9 to process any grant or contract documents which do not

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

11 of the funds appropriated to the National Foundation on

12 the Arts and the Humanities may be used for official re13 ception and representation expenses.

14 COMMISSION OF FINE ARTS

15 SALARIES AND EXPENSES

16 For expenses made necessary by the Act establishing

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

18 NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS

19 For necessary expenses as authorized by Public Law

20 99–190 (20 U.S.C. 956(a)), as amended, $6,000,000.

21 ADVISORY COUNCIL ON HISTORIC PRESERVATION

22 SALARIES AND EXPENSES

23 For necessary expenses of the Advisory Council on

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

25 $2,500,000: Provided, That none of these funds shall be
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1 available for the compensation of Executive Level V or

2 higher position.

3 NATIONAL CAPITAL PLANNING COMMISSION

4 SALARIES AND EXPENSES

5 For necessary expenses, as authorized by the Na6 tional Capital Planning Act of 1952 (40 U.S.C 71–71i),

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

8 $5,390,000: Provided, That all appointed members will be

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

10 Schedule Level IV.

11 FRANKLIN DELANO ROOSEVELT MEMORIAL COMMISSION

12 SALARIES AND EXPENSES

13 For necessary expenses of the Franklin Delano Roo14 sevelt Memorial Commission, established by the Act of Au15 gust 11, 1955 (69 Stat. 694), as amended by Public Law

16 92–332 (86 Stat. 401), $125,000 $500,000 to remain

17 available until expended.

18 UNITED STATES HOLOCAUST MEMORIAL COUNCIL

19 HOLOCAUST MEMORIAL COUNCIL

20 For expenses of the Holocaust Memorial Council, as

21 authorized by Public Law 96–388 (36 U.S.C. 1401), as

22 amended, $29,707,000 $30,707,000, of which $1,575,000

23 for the Museum’s repair and rehabilitation program and

24 $1,264,000 for the Museum’s exhibitions program shall

25 remain available until expended.
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1 TITLE III—GENERAL PROVISIONS

2 SEC. 301. The expenditure of any appropriation

3 under this Act for any consulting service through procure4 ment contract, pursuant to 5 U.S.C. 3109, shall be limited

5 to those contracts where such expenditures are a matter

6 of public record and available for public inspection, except

7 where otherwise provided under existing law, or under ex8 isting Executive Order issued pursuant to existing law.

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

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

11 the Secretary of Agriculture for the leasing of oil and nat12 ural gas by noncompetitive bidding on publicly owned

13 lands within the boundaries of the Shawnee National For14 est, Illinois: Provided, That nothing herein is intended to

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

16 to minerals owned by private individuals.

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

18 this Act shall be available for any activity or the publica19 tion or distribution of literature that in any way tends to

20 promote public support or opposition to any legislative

21 proposal on which congressional action is not complete.

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

23 this Act shall remain available for obligation beyond the

24 current fiscal year unless expressly so provided herein.
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1 SEC. 305. None of the funds provided in this Act to

2 any department or agency shall be obligated or expended

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

4 servants to any officer or employee of such department

5 or agency except as otherwise provided by law.

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

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

8 this Act unless advance notice of such assessments and

9 the basis therefor are presented to the Committees on Ap10 propriations and are approved by such Committees.

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

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

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

14 expending the funds the entity will comply with sections

15 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a–

16 10c; popularly known as the ‘‘Buy American Act’’).

17 (b) SENSE OF CONGRESS; REQUIREMENT REGARD18 ING NOTICE.—

19 (1) PURCHASE OF AMERICAN-MADE EQUIPMENT

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

21 product that may be authorized to be purchased

22 with financial assistance provided using funds made

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

24 that entities receiving the assistance should, in ex-
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1 pending the assistance, purchase only American2 made equipment and products.

3 (2) NOTICE TO RECIPIENTS OF ASSISTANCE.—

4 In providing financial assistance using funds made

5 available in this Act, the head of each Federal agen6 cy shall provide to each recipient of the assistance

7 a notice describing the statement made in paragraph

8 (1) by the Congress.

9 (c) PROHIBITION OF CONTRACTS WITH PERSONS

10 FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—

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

12 agency that any person intentionally affixed a label bear13 ing a ‘‘Made in America’’ inscription, or any inscription

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

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

16 States, the person shall be ineligible to receive any con17 tract or subcontract made with funds made available in

18 this Act, pursuant to the debarment, suspension, and ineli19 gibility procedures described in sections 9.400 through

20 9.409 of title 48, Code of Federal Regulations.

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

22 to plan, prepare, or offer for sale timber from trees classi23 fied as giant sequoia (Sequoiadendron giganteum) which

24 are located on National Forest System or Bureau of Land
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1 Management lands in a manner different than such sales

2 were conducted in fiscal year 1995.

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

4 Act may be obligated or expended by the National Park

5 Service to enter into or implement a concession contract

6 which permits or requires the removal of the underground

7 lunchroom at the Carlsbad Caverns National Park.

8 SEC. 310. Where the actual costs of construction

9 projects under self-determination contracts, compacts, or

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

11 100–297, are less than the estimated costs thereof, use

12 of the resulting excess funds shall be determined by the

13 appropriate Secretary after consultation with the tribes.

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

15 quarterly payments of funds to tribes and tribal organiza16 tions under annual funding agreements pursuant to sec17 tion 108 of Public Law 93–638, as amended, may be made

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

19 quarter.

20 SEC. 312. None of the funds appropriated or other21 wise made available by this Act may be used for the

22 AmeriCorps program, unless the relevant agencies of the

23 Department of the Interior and/or Agriculture follow ap24 propriate reprogramming guidelines: Provided, That if no

25 funds are provided for the AmeriCorps program by the
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1 VA–HUD and Independent Agencies fiscal year 1997 ap2 propriations bill, then none of the funds appropriated or

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

4 AmeriCorps programs.

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

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

7 City, New Jersey, and Ellis Island; or (2) to prevent pe8 destrian use of such bridge, when it is made known to

9 the Federal official having authority to obligate or expend

10 such funds that such pedestrian use is consistent with gen11 erally accepted safety standards.

12 SEC. 314. (a) None of the funds appropriated or oth13 erwise made available pursuant to this Act shall be obli14 gated or expended to accept or process applications for

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

16 the general mining laws.

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

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

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

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

21 all requirements established under sections 2325 and 2326

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

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

24 of the Revised Statutes (30 U.S.C. 35, 36, and 37) for

25 placer claims, and section 2337 of the Revised Statutes
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1 (30 U.S.C. 42) for mill site claims, as the case may be,

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

3 (c) PROCESSING SCHEDULE.—For those applications

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

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

6 1994, the Secretary of the Interior shall—

7 (1) Within three months of the enactment of

8 this Act, file with the House and Senate Committees

9 on Appropriations and the Committee on Resources

10 of the House of Representatives and the Committee

11 on Energy and Natural Resources of the United

12 States Senate a plan which details how the Depart13 ment of the Interior will make a final determination

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

15 patent under the general mining laws on at least 90

16 percent of such applications within five years of the

17 enactment of this Act and file reports annually

18 thereafter with the same committees detailing ac19 tions taken by the Department of the Interior to

20 carry out such plan; and

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

22 carry out such plan.

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

24 patent applications in a timely and responsible manner,

25 upon the request of a patent applicant, the Secretary of
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1 the Interior shall allow the applicant to fund a qualified

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

3 Land Management to conduct a mineral examination of

4 the mining claims or mill sites contained in a patent appli5 cation as set forth in subsection (b). The Bureau of Land

6 Management shall have the sole responsibility to choose

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

8 standard procedures employed by the Bureau of Land

9 Management in the retention of third-party contractors.

10 SEC. 315. None of the funds appropriated or other11 wise made available by this Act may be used for the pur12 poses of acquiring lands in the counties of Lawrence, Mon13 roe, or Washington, Ohio, for the Wayne National Forest.

14 SEC. 316. Of the funds provided to the National En15 dowment for the Arts:

16 (a) The Chairperson shall only award a grant

17 to an individual if such grant is awarded to such in18 dividual for a literature fellowship, National Herit19 age Fellowship, or American Jazz Masters Fellow20 ship.

21 (b) The Chairperson shall establish procedures

22 to ensure that no funding provided through a grant,

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

24 group, State or local arts agency, or regional group,

25 may be used to make a grant to any other organiza-
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1 tion or individual to conduct activity independent of

2 the direct grant recipient. Nothing in this subsection

3 shall prohibit payments made in exchange for goods

4 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 SEC. 320. Section 101(c) of Public Law 104–134 is

2 amended as follows: Under the heading ‘‘Title III—General

3 Provisions’’ amend section 315(b) by striking ‘‘50, areas,’’

4 and inserting in lieu thereof ‘‘100, areas,’’ and amend sec5 tion 315(f) by striking ‘‘September 30, 1998’’ and inserting

6 in lieu thereof ‘‘September 30, 1999’’ and by striking ‘‘Sep7 tember 30, 2001’’ and inserting in lieu thereof ‘‘September

8 30, 2002’’.

9 SEC. 321. None of the amounts made available by

10 this Act may be used for design, planning, implementa11 tion, engineering, construction, or any other activity in

12 connection with a scenic shoreline drive in Pictured Rocks

13 National Lakeshore.

14 SEC. 322. None of the funds made available in this

15 Act may be used by the Bureau of Indian Affairs to trans16 fer any land into trust under section 5 of the Indian Reor17 ganization Act (25 U.S.C. 465), or any other Federal stat18 ute that does not explicitly denominate and identify a spe19 cific tribe or specific property, except when it is made

20 known to the Federal official having authority to obligate

21 or expend such funds that—

22 (1) a binding agreement is in place between the

23 tribe that will have jurisdiction over the land to be

24 taken into trust and the appropriate State and local

25 officials; and
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1 (2) such agreement provides, for as long as the

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

3 by any retail establishment located on the land to be

4 taken into trust, of State and local sales and excise

5 taxes, including any special tax on motor fuel, to6 bacco, or alcohol, on any retail item sold to any non7 member of the tribe for which the land is held in

8 trust, or an agreed upon payment in lieu of such

9 taxes.

10 SEC. 322. LAND TRANSFER, BEND SILVICULTURE LAB,

11 DESCHUTES NATIONAL FOREST, OREGON.—

12 (a) TRANSFER OF REAL PROPERTY AND ALL IM13 PROVEMENTS LOCATED THEREON.—Notwithstanding

14 any other provisions of law, there is hereby trans15 ferred, without consideration and subject to existing

16 valid rights, all right, title and interest of the United

17 States in and to approximately 5.73 acres of land as

18 described by plat dated July 7, 1977, (which is on file

19 and available for public inspection in the Office of the

20 Chief, USDA Forest Service, Washington, D.C.), as

21 well as all improvements, including the Bend

22 Silviculture Lab located thereon, to the Central Or23 egon Community College, Bend, Oregon; this being a

24 portion of the same tract acquired by donation from

25 the City of Bend on August 10, 1960, through a Bar-
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1 gain and Sale deed to the USDA Forest Service for

2 use as a research lab, and recorded in volume 125,

3 page 508 of the Deschutes County, Oregon, Deed

4 Records.

5 (b) CONDITIONS OF TRANSFER.—The transfer ef6 fected by subsection (a) is made subject to no special

7 terms or conditions.

8 SEC. 323. Upon the date of enactment of this Act, no

9 part of any appropriation contained in this Act or any

10 other Act shall be expended or obligated to fund the activi11 ties of the Office of Forestry and Economic Assistance, or

12 any successor office.

13 SEC. 324. (a) The Secretary of the Interior is author14 ized to accept title to approximately 84 acres of land located

15 in Prince Georges County, Maryland, adjacent to Oxon

16 Cove Park, and bordered generally by the Potomac River,

17 Interstate 295 and the Woodrow Wilson Bridge, or any in18 terest therein, and in exchange therefor may convey to the

19 Corrections Corporation of America approximately 50 acres

20 of land located in Oxon Cove Park in the District of Colum21 bia and bordered generally by Oxon Cove, Interstate 295

22 and the District of Columbia Impound Lot, or any interest

23 therein.

24 (b) Before proceeding with an exchange, the Secretary

25 shall determine if the federal property is suitable for ex-
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1 change under the criteria normally used by the National

2 Park Service. The exchange shall comply with applicable

3 regulations and National Park Service policies for land ex4 changes.

5 (c)(1) The Secretary shall not acquire any lands under

6 this section if the Secretary determines that the lands or

7 any portion thereof have become contaminated with hazard8 ous substances (as defined in the Comprehensive Environ9 mental Response, Compensation, and Liability Act (42

10 U.S.C. 960l)).

11 (2) Notwithstanding any other provision of law, the

12 United States shall have no responsibility or liability with

13 respect to any hazardous wastes or other substances placed

14 on any of the lands covered by this section after their trans15 fer to the ownership of any party, but nothing in this sec16 tion shall be construed as either diminishing or increasing

17 any responsibility or liability of the United States based

18 on the condition of such lands on the date of their transfer

19 to the ownership of another party: Provided, That the Cor20 rections Corporation of America shall indemnify the United

21 States for liabilities arising under the Comprehensive Envi22 ronmental Response, Compensation, and Liability Act (42

23 U.S.C. 960l) and the Resource Conservation Recovery Act

24 (42 U.S.C. 690l, et seq.).
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1 (d) The properties so exchanged either shall be ap2 proximately equal in fair market value or if they are not

3 approximately equal, shall be equalized by the payment of

4 cash to the Corporation or to the Secretary as required or

5 in the event the value of the Corporation’s lands is greater,

6 the acreage may be reduced so that the fair market value

7 is approximately equal: Provided, That the Secretary shall

8 order appraisals made of the fair market value for improve9 ments thereon: Provided further, That any such cash pay10 ment received by the Secretary shall be deposited to ‘‘Mis11 cellaneous Trust Funds, National Park Service’’ and shall

12 be available without further appropriation until expended

13 for the acquisition of land within the National Park Sys14 tem.

15 (e) Costs of conducting necessary land surveys, prepar16 ing the legal descriptions of the lands to be conveyed, per17 forming the appraisals, and administrative costs incurred

18 in completing the exchange shall be borne by the Corpora19 tion.

20 (f) Following any exchange authorized by this provi21 sion, the boundaries of Oxon Cove Park shall be expanded

22 to include the land acquired by the United States.

23 SEC. 325. None of the funds provided by this Act or

24 any other Act available to the National Park Service, Fish

25 and Wildlife Service, Bureau of Land Management, or For-
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1 est Service may be obligated for the costs of employee reloca2 tion or transfer of duty at a level that exceeds ninety per3 cent of the average amounts spent for this purpose in fiscal

4 year 1994 and 1995.

5 SEC. 326. SECTION 1. LAND EXCHANGE.—

6 (a) EXCHANGE.—Subject to subsection (c), the

7 Secretary of Agriculture (referred to in this section as

8 the ‘‘Secretary’’) shall convey all right, title, and in9 terest of the United States in and to the National

10 Forest System lands described in subsection (b)(1) to

11 Public Utility District No. 1 of Chelan County,

12 Washington (referred to in this section as the ‘‘Public

13 Utility District’’), in exchange for the conveyance to

14 the Department of Agriculture by the Public Utility

15 District of all right, title, and interest of the Public

16 Utility District in and to the lands described in sub17 section (b)(2).

18 (b) DESCRIPTION OF LANDS.—

19 (1) NATIONAL FOREST SYSTEM LANDS.—

20 The National Forest System lands referred to in

21 subsection (a) are 122 acres, more or less, that

22 are partially occupied by a wastewater treat23 ment facility referred to in subsection (c)(4)(A)

24 with the following legal description:
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(A) The NE1⁄4 of SW1 1 ⁄4 of section 27 of

2 township 27 north, range 17 east, Wilamette

3 Meridian, Chelan County, Washington.

(B) The N1⁄2 of SE1⁄4 of SW1 4 ⁄4 of such

5 section 27.

(C) The W1⁄2 of NW1⁄4 of SE1 6 ⁄4 of such

7 section 27.

(D) The NW1⁄4 of SW1⁄4 of SE1 8 ⁄4 of

9 such section 27.

(E) The E1⁄2 of NW1⁄4 of the SE1 10 ⁄4 of

11 such section 27.

(F) That portion of the S1⁄2 of SE1 12 ⁄4 of

SW1 13 ⁄4 lying north of the northerly edge of

14 Highway 209 right-of-way of such section

15 27.

16 (2) PUBLIC UTILITY DISTRICT LANDS.—The

17 lands owned by the Public Utility District are

18 109.15 acres, more or less, with the following

19 legal description:

(A) S1⁄2 of SW1 20 ⁄4 of section 35 of town21 ship 26 north, range 17 east, Wilamette Me22 ridian, Chelan County, Washington.

23 (B) The area specified by Public Util24 ity District No. 1 as Government Lot 5 in

25 such section 35.
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1 (c) REQUIREMENTS FOR EXCHANGE.—

2 (1) TITLE ACCEPTANCE AND CONVEY3 ANCE.—Upon offer by the Public Utility District

4 of all right, title and interest in and to the lands

5 described in subsection (b)(2), if the title is found

6 acceptable by the Secretary, the Secretary shall

7 accept title to such lands and interests therein

8 and shall convey to the Public Utility District

9 all right, title, and interest of the United States

10 in and to the lands described in subsection

11 (b)(1).

12 (2) APPRAISALS REQUIRED.—Before mak13 ing an exchange pursuant to subsection (a), the

14 Secretary shall conduct appraisals of the lands

15 that are subject to the exchange to determine the

16 fair market value of the lands. Such appraisals

17 shall not include the value of the wastewater

18 treatment facility referred to in paragraph

19 (4)(A).

20 (3) ADDITIONAL CONSIDERATION.—If, on

21 the basis of the appraisals made under para22 graph (1), the Secretary determines that the fair

23 market value of the lands to be conveyed by one

24 party under subsection (a) is less than the fair

25 market value of the lands to be conveyed by the
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1 other party under subsection (a), then, as a con2 dition of making the exchange under subsection

3 (a), the party conveying the lands with the lesser

4 value shall pay the other party the amount by

5 which the fair market value of the lands of great6 er value exceeds the fair market value of the

7 lands of lesser value.

8 (4) CONVEYANCE OF WASTEWATER TREAT9 MENT FACILITY.—(A) As part of an exchange

10 made under subsection (a), the Secretary shall

11 convey to the Public Utility District of Chelan

12 County, Washington, all right, title and interest

13 of the United States in and to the wastewater

14 treatment facility (including the wastewater

15 treatment plant and associated lagoons) located

16 on the lands described in subsection (b)(1) that

17 is in existence on the date of the exchange.

18 (B) As a condition for the exchange under

19 subsection (a), the Public Utility District shall

20 provide for a credit equal to the fair market

21 value of the wastewater treatment facility con22 veyed pursuant to subparagraph (A) (determined

23 as of November 4, 1991), that shall be applied to

24 the United States’ share of any new wastewater
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1 treatment facility constructed by the Public Util2 ity District after such date.

3 (d) ADDITIONAL TERMS AND CONDITIONS.—The

4 Secretary may require such additional terms and

5 conditions in connection with the exchange under this

6 section as the Secretary determines appropriate to

7 protect the interests of the United States.

8 SEC. 327. ‘‘Snoqualmie National Forest Boundary Ad9 justment Act of 1996.’’

10 (a) IN GENERAL.—The Secretary of Agriculture

11 is hereby directed to modify the boundary of the

12 Snoqualmie National Forest to include and encom13 pass 10,589.47 acres, more or less, as generally de14 picted on a map entitled ‘‘Snoqualmie National For15 est Proposed 1996 Boundary Modification’’ dated

16 July, 1996. Such map, together with a legal descrip17 tion of all lands included in the boundary adjust18 ment, shall be on file and available for public inspec19 tion in the Office of the Chief of the Forest Service

20 in Washington, District of Columbia.

21 (b) RULE FOR LAND AND WATER CONSERVATION

22 FUND.—For the purposes of section 7 of the Land and

23 Water Conservation Fund Act of 1965 (16 U.S.C.

24 460l–9), the boundary of the Snoqualmie National

25 Forest, as modified pursuant to subsection (a), shall
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1 be considered to be the boundary of that National

2 Forest as of January 1, 1965.

3 SEC. 328. Sugarbush Land Exchange Act of 1996.

4 (a) EXCHANGE OR SALE OF LAND.—

5 (1) If Sugarbush Resort Holdings, Inc. con6 veys to the United States land acceptable to the

7 Secretary of Agriculture that is at least equal in

8 value to the value of the land described in sub9 section (a)(2), makes a payment of cash at least

10 equal to that value, or conveys land and makes

11 a payment of cash that in combination are at

12 least equal to that value, the Secretary, subject to

13 valid existing rights, shall, under such terms and

14 conditions as the Secretary may prescribe, con15 vey all right, title, and interest of the United

16 States in and to the land described in subsection

17 (a)(2).

18 (2) FEDERAL LAND TO BE EXCHANGED.—

19 The Federal land to be exchanged is approxi20 mately 57 acres of federally owned land in the

21 Green Mountain National Forest depicted on the

22 map entitled ‘‘Green Mountain National Forest,

23 Sugarbush Exchange,’’ dated December 1995.

24 (3) Lands acquired from Sugarbush Resort

25 Holdings, Inc.—Any land conveyed to the Unit-
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1 ed States in an exchange under subsection (a)(1)

2 shall be subject to such valid existing rights of

3 record as may be acceptable to the Secretary,

4 and the title to the parcel shall conform with the

5 title approval standards applicable to federal

6 land acquisitions.

7 (b) ADMINISTRATION OF LAND.—

8 (1) ADDITION TO GREEN MOUNTAIN NA9 TIONAL FOREST.—On approval and acceptance

10 of title by the Secretary, the land acquired by the

11 United States through an exchange or with pro12 ceeds from a sale under subsection (a) shall be13 come part of the Green Mountain National For14 est, and the boundaries of the National Forest

15 shall be adjusted to include the land.

16 (2) ADMINISTRATION.—Land acquired

17 under this Act shall be administered by the Sec18 retary in accordance with the laws (including

19 regulations) pertaining to the National Forest

20 System.

21 (3) AUTHORITY OF THE SECRETARY.—This

22 section does not limit the authority of the Sec23 retary to adjust the boundaries of the Green

24 Mountain National Forest pursuant to section

25 11 of the Act of March 1, 1911 (36 Stat. 963,
118

HR 3662 RS

1 chapter 186; 16 U.S.C. 521) (commonly known

2 as the ‘‘Weeks Law’’).

3 (4) For the purposes of section 7 of the

4 Land and Water Conservation Fund Act of 1965

5 (16 U.S.C. 460l–9), the boundaries of the Green

6 Mountain National Forest, as adjusted under

7 this Act, shall be considered to be the boundaries

8 of the Green Mountain National Forest as of

9 January 1, 1965.

10 This Act may be cited as the ‘‘Department of the In11 terior and Related Agencies Appropriations Act, 1997’’.

Passed the House of Representatives June 20, 1996.

Attest: ROBIN H. CARLE,

Clerk.

By LINDA NAVE,

Deputy Clerk.

Calendar No. 495

104TH CONGRESS

2D SESSION H. R. 3662

[Report No. 104–319]

AN ACT

Making appropriations for the Department of the

poses.ending September 30, 1997, and for other purInterior and related agencies for the fiscal year

JUNE 21, 1996

Received; read twice and referred to the Committee on

Appropriations

JULY (legislative day, JULY ), 1996

Reported with amendments