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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3662 Reported in House (RH)]

                                                 Union Calendar No. 313
104th CONGRESS
  2d Session
                                H. R. 3662

                          [Report No. 104-625]

 Making appropriations for the Department of the Interior and related 
 agencies for the fiscal year ending September 30, 1997, and for other 
                               purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 18, 1996

    Mr. Regula, from the Committee on Appropriations, reported the 
following bill; which was committed to the Committee of the Whole House 
          on the State of the Union and ordered to be printed

_______________________________________________________________________

                                 A BILL

 
 Making appropriations for the Department of the Interior and related 
 agencies for the fiscal year ending September 30, 1997, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are appropriated, out of any money in the Treasury not otherwise 
appropriated, for the Department of the Interior and related agencies 
for the fiscal year ending September 30, 1997, and for other purposes, 
namely:

                  TITLE I--DEPARTMENT OF THE INTERIOR

                       Bureau of Land Management

                   management of lands and resources

    For expenses necessary for protection, use, improvement, 
development, disposal, cadastral surveying, classification, acquisition 
of easements and other interests in lands, and performance of other 
functions, including maintenance of facilities, as authorized by law, 
in the management of lands and their resources under the jurisdiction 
of the Bureau of Land Management, including the general administration 
of the Bureau, and assessment of mineral potential of public lands 
pursuant to Public Law 96-487 (16 U.S.C. 3150(a)), $566,514,000, to 
remain available until expended, of which $2,000,000 shall be available 
for assessment of the mineral potential of public lands in Alaska 
pursuant to section 1010 of Public Law 96-487 (16 U.S.C. 3150); and of 
which $3,000,000 shall be derived from the special receipt account 
established by the Land and Water Conservation Act of 1965, as amended 
(16 U.S.C. 460l-6a(i)); and of which $1,000,000 shall be available in 
fiscal year 1997 subject to a match by at least an equal amount by the 
National Fish and Wildlife Foundation, to such Foundation for challenge 
cost share projects supporting fish and wildlife conservation affecting 
Bureau lands; in addition, $27,300,000 for Mining Law Administration 
program operations, to remain available until expended, to be reduced 
by amounts collected by the Bureau and credited to this appropriation 
from annual mining claim fees so as to result in a final appropriation 
estimated at not more than $566,514,000; and in addition, not to exceed 
$5,000,000, to remain available until expended, from annual mining 
claim fees; which shall be credited to this account for the costs of 
administering the mining claim fee program, and $2,000,000 from 
communication site rental fees established by the Bureau for the cost 
of administering communication site activities: Provided, That 
appropriations herein made shall not be available for the destruction 
of healthy, unadopted, wild horses and burros in the care of the Bureau 
or its contractors: Provided further, That in fiscal year 1997 and 
thereafter, all fees, excluding mining claim fees, in excess of the 
fiscal year 1996 collections established by the Secretary of the 
Interior under the authority of 43 U.S.C. 1734 for processing, 
recording, or documenting authorizations to use public lands or public 
land natural resources (including cultural, historical, and mineral) 
and for providing specific services to public land users, and which are 
not presently being covered into any Bureau of Land Management 
appropriation accounts, and not otherwise dedicated by law for a 
specific distribution, shall be made immediately available for program 
operations in this account and remain available until expended.

                        wildland fire management

    For necessary expenses for fire use and management, fire 
preparedness, suppression operations, and emergency rehabilitation by 
the Department of the Interior, $247,924,000, to remain available until 
expended, of which not to exceed $5,025,000 shall be for the renovation 
or construction of fire facilities: Provided, That such funds are also 
available for repayment of advances to other appropriation accounts 
from which funds were previously transferred for such purposes: 
Provided further, That persons hired pursuant to 43 U.S.C. 1469 may be 
furnished subsistence and lodging without costs from funds available 
from this appropriation: Provided further, That unobligated balances of 
amounts previously appropriated to the ``Fire Protection'' and 
``Emergency Department of the Interior Firefighting Fund'' may be 
transferred to this appropriation.

                    central hazardous materials fund

    For necessary expenses of the Department of the Interior and any of 
its component offices and bureaus for the remedial action, including 
associated activities, of hazardous waste substances, pollutants, or 
contaminants pursuant to the Comprehensive Environmental Response, 
Compensation and Liability Act, as amended (42 U.S.C. 9601 et seq.), 
$12,000,000, to remain available until expended: Provided, That 
notwithstanding 31 U.S.C. 3302, sums recovered from or paid by a party 
in advance of or as reimbursement for remedial action or response 
activities conducted by the Department pursuant to sections 107 or 
113(f) of such Act, shall be credited to this account to be available 
until expended without further appropriation: Provided further, That 
such sums recovered from or paid by any party are not limited to 
monetary payments and may include stocks, bonds or other personal or 
real property, which may be retained, liquidated, or otherwise disposed 
of by the Secretary and which shall be credited to this account.

                              construction

    For construction of buildings, recreation facilities, roads, 
trails, and appurtenant facilities, $3,103,000, to remain available 
until expended.

                       payments in lieu of taxes

    For expenses necessary to implement the Act of October 20, 1976, as 
amended (31 U.S.C. 6901-07), $113,500,000, of which not to exceed 
$400,000 shall be available for administrative expenses.

                            land acquisition

    For expenses necessary to carry out sections 205, 206, and 318(d) 
of Public Law 94-579 including administrative expenses and acquisition 
of lands or waters, or interests therein, $10,000,000, to be derived 
from the Land and Water Conservation Fund, to remain available until 
expended.

                   oregon and california grant lands

    For expenses necessary for management, protection, and development 
of resources and for construction, operation, and maintenance of access 
roads, reforestation, and other improvements on the revested Oregon and 
California Railroad grant lands, on other Federal lands in the Oregon 
and California land-grant counties of Oregon, and on adjacent rights-
of-way; and acquisition of lands or interests therein including 
existing connecting roads on or adjacent to such grant lands; 
$98,365,000, to remain available until expended: Provided, That 25 per 
centum of the aggregate of all receipts during the current fiscal year 
from the revested Oregon and California Railroad grant lands is hereby 
made a charge against the Oregon and California land-grant fund and 
shall be transferred to the General Fund in the Treasury in accordance 
with the second paragraph of subsection (b) of title II of the Act of 
August 28, 1937 (50 Stat. 876).

                           range improvements

    For rehabilitation, protection, and acquisition of lands and 
interests therein, and improvement of Federal rangelands pursuant to 
section 401 of the Federal Land Policy and Management Act of 1976 (43 
U.S.C. 1701), notwithstanding any other Act, sums equal to 50 per 
centum of all moneys received during the prior fiscal year under 
sections 3 and 15 of the Taylor Grazing Act (43 U.S.C. 315 et seq.) and 
the amount designated for range improvements from grazing fees and 
mineral leasing receipts from Bankhead-Jones lands transferred to the 
Department of the Interior pursuant to law, but not less than 
$9,113,000, to remain available until expended: Provided, That not to 
exceed $600,000 shall be available for administrative expenses.

               service charges, deposits, and forfeitures

    For administrative expenses and other costs related to processing 
application documents and other authorizations for use and disposal of 
public lands and resources, for costs of providing copies of official 
public land documents, for monitoring construction, operation, and 
termination of facilities in conjunction with use authorizations, and 
for rehabilitation of damaged property, such amounts as may be 
collected under Public Law 94-579, as amended, and Public Law 93-153, 
to remain available until expended: Provided, That notwithstanding any 
provision to the contrary of section 305(a) of Public Law 94-579 (43 
U.S.C. 1735(a)), any moneys that have been or will be received pursuant 
to that section, whether as a result of forfeiture, compromise, or 
settlement, if not appropriate for refund pursuant to section 305(c) of 
that Act (43 U.S.C. 1735(c)), shall be available and may be expended 
under the authority of this Act by the Secretary to improve, protect, 
or rehabilitate any public lands administered through the Bureau of 
Land Management which have been damaged by the action of a resource 
developer, purchaser, permittee, or any unauthorized person, without 
regard to whether all moneys collected from each such action are used 
on the exact lands damaged which led to the action: Provided further, 
That any such moneys that are in excess of amounts needed to repair 
damage to the exact land for which funds were collected may be used to 
repair other damaged public lands.

                       miscellaneous trust funds

    In addition to amounts authorized to be expended under existing 
laws, there is hereby appropriated such amounts as may be contributed 
under section 307 of the Act of October 21, 1976 (43 U.S.C. 1701), and 
such amounts as may be advanced for administrative costs, surveys, 
appraisals, and costs of making conveyances of omitted lands under 
section 211(b) of that Act, to remain available until expended.

                       administrative provisions

    Appropriations for the Bureau of Land Management shall be available 
for purchase, erection, and dismantlement of temporary structures, and 
alteration and maintenance of necessary buildings and appurtenant 
facilities to which the United States has title; up to $100,000 for 
payments, at the discretion of the Secretary, for information or 
evidence concerning violations of laws administered by the Bureau; 
miscellaneous and emergency expenses of enforcement activities 
authorized or approved by the Secretary and to be accounted for solely 
on his certificate, not to exceed $10,000: Provided, That 
notwithstanding 44 U.S.C. 501, the Bureau may, under cooperative cost-
sharing and partnership arrangements authorized by law, procure 
printing services from cooperators in connection with jointly-produced 
publications for which the cooperators share the cost of printing 
either in cash or in services, and the Bureau determines the cooperator 
is capable of meeting accepted quality standards.

                United States Fish and Wildlife Service

                          resource management

    For expenses necessary for scientific and economic studies, 
conservation, management, investigations, protection, and utilization 
of fishery and wildlife resources, except whales, seals, and sea lions, 
and for the performance of other authorized functions related to such 
resources; for the general administration of the United States Fish and 
Wildlife Service; for maintenance of the herd of long-horned cattle on 
the Wichita Mountains Wildlife Refuge; and not less than $1,000,000 for 
high priority projects within the scope of the approved budget which 
shall be carried out by the Youth Conservation Corps as authorized by 
the Act of August 13, 1970, as amended, $520,519,000, to remain 
available until September 30, 1998, of which $11,557,000 shall remain 
available until expended for operation and maintenance of fishery 
mitigation facilities constructed by the Corps of Engineers under the 
Lower Snake River Compensation Plan, authorized by the Water Resources 
Development Act of 1976, to compensate for loss of fishery resources 
from water development projects on the Lower Snake River, and of which 
$1,000,000 shall be provided to the National Fish and Wildlife 
Foundation for implementation of the Natural Communities Conservation 
Plan, and shall be available only to the extent matched by at least an 
equal amount from the Foundation and shall remain available until 
expended: Provided, That pursuant to 31 U.S.C. 9701, the Secretary 
shall charge reasonable fees for the full costs of providing training 
by the National Education and Training Center, to be credited to this 
account, notwithstanding 31 U.S.C. 3302, of which not to exceed 
$2,000,000 shall be available for the direct costs of providing such 
training: Provided further, That not to exceed $1,000,000 of the funds 
provided herein may be used for contaminant sample analysis.

                              construction

    For construction and acquisition of buildings and other facilities 
required in the conservation, management, investigation, protection, 
and utilization of fishery and wildlife resources, and the acquisition 
of lands and interests therein; $38,298,000, to remain available until 
expended.

                natural resource damage assessment fund

    To conduct natural resource damage assessment activities by the 
Department of the Interior necessary to carry out the provisions of the 
Comprehensive Environmental Response, Compensation, and Liability Act, 
as amended (42 U.S.C. 9601, et seq.), Federal Water Pollution Control 
Act, as amended (33 U.S.C. 1251, et seq.), the Oil Pollution Act of 
1990 (Public Law 101-380), and Public Law 101-337; $4,000,000, to 
remain available until expended.

                            land acquisition

    For expenses necessary to carry out the Land and Water Conservation 
Fund Act of 1965, as amended (16 U.S.C. 460l-4-11), including 
administrative expenses, and for acquisition of land or waters, or 
interest therein, in accordance with statutory authority applicable to 
the United States Fish and Wildlife Service, $30,000,000, to be derived 
from the Land and Water Conservation Fund, to remain available until 
expended.

            cooperative endangered species conservation fund

    For expenses necessary to carry out the provisions of the 
Endangered Species Act of 1973 (16 U.S.C. 1531-1543), as amended, 
$13,085,000, for grants to States, to be derived from the Cooperative 
Endangered Species Conservation Fund, and to remain available until 
expended.

                     national wildlife refuge fund

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

                         rewards and operations

    For expenses necessary to carry out the provisions of the African 
Elephant Conservation Act (16 U.S.C. 4201-4203, 4211-4213, 4221-4225, 
4241-4245, and 1538), $1,000,000, to remain available until expended.

               north american wetlands conservation fund

    For expenses necessary to carry out the provisions of the North 
American Wetlands Conservation Act, Public Law 101-233, $7,750,000, to 
remain available until expended.

                 rhinoceros and tiger conservation fund

    For deposit to the Rhinoceros and Tiger Conservation Fund, 
$400,000, to remain available until expended, to carry out the 
Rhinoceros and Tiger Conservation Act of 1994 (Public Law 103-391).

              wildlife conservation and appreciation fund

    For deposit to the Wildlife Conservation and Appreciation Fund, 
$800,000, to remain available until expended, for carrying out the 
Partnerships for Wildlife Act only to the extent such funds are matched 
as provided in section 7105 of said Act.

                       administrative provisions

    Appropriations and funds available to the United States Fish and 
Wildlife Service shall be available for purchase of not to exceed 83 
passenger motor vehicles of which 73 are for replacement only 
(including 43 for police-type use); not to exceed $400,000 for payment, 
at the discretion of the Secretary, for information, rewards, or 
evidence concerning violations of laws administered by the Service, and 
miscellaneous and emergency expenses of enforcement activities, 
authorized or approved by the Secretary and to be accounted for solely 
on his certificate; repair of damage to public roads within and 
adjacent to reservation areas caused by operations of the Service; 
options for the purchase of land at not to exceed $1 for each option; 
facilities incident to such public recreational uses on conservation 
areas as are consistent with their primary purpose; and the maintenance 
and improvement of aquaria, buildings, and other facilities under the 
jurisdiction of the Service and to which the United States has title, 
and which are utilized pursuant to law in connection with management 
and investigation of fish and wildlife resources: Provided, That 
notwithstanding 44 U.S.C. 501, the Service may, under cooperative cost 
sharing and partnership arrangements authorized by law, procure 
printing services from cooperators in connection with jointly-produced 
publications for which the cooperators share at least one-half the cost 
of printing either in cash or services and the Service determines the 
cooperator is capable of meeting accepted quality standards: Provided 
further, That the Service may accept donated aircraft as replacements 
for existing aircraft: Provided further, That notwithstanding any other 
provision of law, the Secretary of the Interior may not spend any of 
the funds appropriated in this Act for the purchase of lands or 
interests in lands to be used in the establishment of any new unit of 
the National Wildlife Refuge System unless the purchase is approved in 
advance by the House and Senate Committees on Appropriations in 
compliance with the reprogramming procedures contained in House Report 
103-551.

                         National Park Service

                 operation of the national park system

    For expenses necessary for the management, operation, and 
maintenance of areas and facilities administered by the National Park 
Service (including special road maintenance service to trucking 
permittees on a reimbursable basis), and for the general administration 
of the National Park Service, including not to exceed $1,593,000 for 
the Volunteers-in-Parks program, and not less than $1,000,000 for high 
priority projects within the scope of the approved budget which shall 
be carried out by the Youth Conservation Corps as authorized by 16 
U.S.C. 1706, $1,135,139,000, without regard to 16 U.S.C. 451, of which 
$12,800,000 for research, planning and interagency coordination in 
support of land acquisition for Everglades restoration shall remain 
available until expended, and of which not to exceed $72,000,000, to 
remain available until expended, is to be derived from the special fee 
account established pursuant to title V, section 5201, of Public Law 
100-203.

                  national recreation and preservation

    For expenses necessary to carry out recreation programs, natural 
programs, cultural programs, environmental compliance and review, 
international park affairs, statutory or contractual aid for other 
activities, and grant administration, not otherwise provided for, 
$36,476,000.

                       historic preservation fund

    For expenses necessary in carrying out the Historic Preservation 
Act of 1966, as amended (16 U.S.C. 470), $36,212,000, to be derived 
from the Historic Preservation Fund, to remain available until 
September 30, 1998.

                              construction

    For construction, improvements, repair or replacement of physical 
facilities including the modifications authorized by section 104 of the 
Everglades National Park Protection and Expansion Act of 1989, 
$119,745,000, to remain available until expended: Provided, That funds 
provided under this head, derived from the Historic Preservation Fund, 
established by the Historic Preservation Act of 1966, as amended (16 
U.S.C. 470), may be available until expended to render sites safe for 
visitors and for building stabilization.

                    land and water conservation fund

                              (rescission)

    The contract authority provided for fiscal year 1997 by 16 U.S.C. 
460l-10a is rescinded.

                 land acquisition and state assistance

    For expenses necessary to carry out the Land and Water Conservation 
Fund Act of 1965, as amended (16 U.S.C. 460l-4-11), including 
administrative expenses, and for acquisition of lands or waters, or 
interest therein, in accordance with statutory authority applicable to 
the National Park Service, $30,000,000, to be derived from the Land and 
Water Conservation Fund, to remain available until expended, of which 
$1,000,000 is to administer the State assistance program: Provided, 
That any funds made available for the purpose of acquisition of the 
Elwha and Glines dams shall be used solely for acquisition, and shall 
not be expended until the full purchase amount has been appropriated by 
the Congress.

                       administrative provisions

    Appropriations for the National Park Service shall be available for 
the purchase of not to exceed 404 passenger motor vehicles, of which 
287 shall be for replacement only, including not to exceed 320 for 
police-type use, 13 buses, and 6 ambulances: Provided, That none of the 
funds appropriated to the National Park Service may be used to process 
any grant or contract documents which do not include the text of 18 
U.S.C. 1913: Provided further, That of the funds provided to the 
National Park Service in this or any other Act not more than $1,700,000 
is to be used for the Office of the Director, not more than $2,000,000 
is to be used for the Office of Public Affairs, and not more than 
$951,000 is to be used for the Office of Congressional Affairs: 
Provided further, That none of the funds appropriated to the National 
Park Service may be used to implement an agreement for the 
redevelopment of the southern end of Ellis Island until such agreement 
has been submitted to the Congress and shall not be implemented prior 
to the expiration of 30 calendar days (not including any day in which 
either House of Congress is not in session because of adjournment of 
more than three calendar days to a day certain) from the receipt by the 
Speaker of the House of Representatives and the President of the Senate 
of a full and comprehensive report on the development of the southern 
end of Ellis Island, including the facts and circumstances relied upon 
in support of the proposed project.
    None of the funds in this Act may be spent by the National Park 
Service for activities taken in direct response to the United Nations 
Biodiversity Convention.
    The National Park Service may in fiscal year 1997 and thereafter 
enter into cooperative agreements that involve the transfer of National 
Park Service appropriated funds to State, local and tribal governments, 
other public entities, educational institutions, and private nonprofit 
organizations for the public purpose of carrying out National Park 
Service programs pursuant to 31 U.S.C. 6305 to carry out public 
purposes of National Park Service programs.

                    United States Geological Survey

                 surveys, investigations, and research

    For expenses necessary for the United States Geological Survey to 
perform surveys, investigations, and research covering topography, 
geology, hydrology, and the mineral and water resources of the United 
States, its Territories and possessions, and other areas as authorized 
by 43 U.S.C. 31, 1332 and 1340; classify lands as to their mineral and 
water resources; give engineering supervision to power permittees and 
Federal Energy Regulatory Commission licensees; administer the minerals 
exploration program (30 U.S.C. 641); and publish and disseminate data 
relative to the foregoing activities; and to conduct inquiries into the 
economic conditions affecting mining and materials processing 
industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) and related 
purposes as authorized by law and to publish and disseminate data; 
$730,163,000, of which $62,130,000 shall be available only for 
cooperation with States or municipalities for water resources 
investigations; and of which $137,000,000 shall be available until 
September 30, 1998 for the biological research activity and the 
operation of the Cooperative Research Units; and of which $16,000,000 
shall remain available until expended for conducting inquiries into the 
economic conditions affecting mining and materials processing 
industries: Provided, That none of these funds provided for the 
biological research activity shall be used to conduct new surveys on 
private property, unless specifically authorized in writing by the 
property owner: Provided further, That beginning in fiscal year 1998 
and once every five years thereafter, the National Academy of Sciences 
shall review and report on the biological research activity of the 
Survey: Provided further, That no part of this appropriation shall be 
used to pay more than one-half the cost of topographic mapping or water 
resources data collection and investigations carried on in cooperation 
with States and municipalities.

                       administrative provisions

    The amount appropriated for the United States Geological Survey 
shall be available for the purchase of not to exceed 53 passenger motor 
vehicles, of which 48 are for replacement only; reimbursement to the 
General Services Administration for security guard services; 
contracting for the furnishing of topographic maps and for the making 
of geophysical or other specialized surveys when it is administratively 
determined that such procedures are in the public interest; 
construction and maintenance of necessary buildings and appurtenant 
facilities; acquisition of lands for gauging stations and observation 
wells; expenses of the United States National Committee on Geology; and 
payment of compensation and expenses of persons on the rolls of the 
Survey duly appointed to represent the United States in the negotiation 
and administration of interstate compacts: Provided, That activities 
funded by appropriations herein made may be accomplished through the 
use of contracts, grants, or cooperative agreements as defined in 31 
U.S.C. 6302, et seq.

                      Minerals Management Service

                royalty and offshore minerals management

    For expenses necessary for minerals leasing and environmental 
studies, regulation of industry operations, and collection of 
royalties, as authorized by law; for enforcing laws and regulations 
applicable to oil, gas, and other minerals leases, permits, licenses 
and operating contracts; and for matching grants or cooperative 
agreements; including the purchase of not to exceed eight passenger 
motor vehicles for replacement only; $186,555,000, of which not less 
than $74,063,000 shall be available for royalty management activities; 
and an amount not to exceed $15,400,000 for the Technical Information 
Management System and Related Activities of the Outer Continental Shelf 
(OCS) Lands Activity, to be credited to this appropriation and to 
remain available until expended, from additions to receipts resulting 
from increases to rates in effect on August 5, 1993, from rate 
increases to fee collections for OCS administrative activities 
performed by the Minerals Management Service over and above the rates 
in effect on September 30, 1993, and from additional fees for OCS 
administrative activities established after September 30, 1993: 
Provided, That $1,500,000 for computer acquisitions shall remain 
available until September 30, 1998: Provided further, That funds 
appropriated under this Act shall be available for the payment of 
interest in accordance with 30 U.S.C. 1721 (b) and (d): Provided 
further, That not to exceed $3,000 shall be available for reasonable 
expenses related to promoting volunteer beach and marine cleanup 
activities: Provided further, That notwithstanding any other provision 
of law, $15,000 under this head shall be available for refunds of 
overpayments in connection with certain Indian leases in which the 
Director of the Minerals Management Service concurred with the claimed 
refund due, to pay amounts owed to Indian allottees or Tribes, or to 
correct prior unrecoverable erroneous payments.

                           oil spill research

    For necessary expenses to carry out title I, section 1016, title 
IV, sections 4202 and 4303, title VII, and title VIII, section 8201 of 
the Oil Pollution Act of 1990, $6,440,000, which shall be derived from 
the Oil Spill Liability Trust Fund, to remain available until expended.

          Office of Surface Mining Reclamation and Enforcement

                       regulation and technology

    For necessary expenses to carry out the provisions of the Surface 
Mining Control and Reclamation Act of 1977, Public Law 95-87, as 
amended, including the purchase of not to exceed 10 passenger motor 
vehicles, for replacement only; $94,272,000, and notwithstanding 31 
U.S.C. 3302, an additional amount shall be credited to this account, to 
remain available until expended, from performance bond forfeitures in 
fiscal year 1997: Provided, That the Secretary of the Interior, 
pursuant to regulations, may utilize directly or through grants to 
States, moneys collected in fiscal year 1997 for civil penalties 
assessed under section 518 of the Surface Mining Control and 
Reclamation Act of 1977 (30 U.S.C. 1268), to reclaim lands adversely 
affected by coal mining practices after August 3, 1977, to remain 
available until expended: Provided further, That appropriations for the 
Office of Surface Mining Reclamation and Enforcement may provide for 
the travel and per diem expenses of State and tribal personnel 
attending Office of Surface Mining Reclamation and Enforcement 
sponsored training.

                    abandoned mine reclamation fund

    For necessary expenses to carry out title IV of the Surface Mining 
Control and Reclamation Act of 1977, Public Law 95-87, as amended, 
including the purchase of not more than 10 passenger motor vehicles for 
replacement only, $175,887,000, to be derived from receipts of the 
Abandoned Mine Reclamation Fund and to remain available until expended; 
of which $4,000,000 shall be for supplemental grants to States for the 
reclamation of abandoned sites with acid mine rock drainage from coal 
mines through the Appalachian Clean Streams Initiative: Provided, That 
grants to minimum program States will be $1,500,000 per State in fiscal 
year 1997: Provided further, That of the funds herein provided up to 
$18,000,000 may be used for the emergency program authorized by section 
410 of Public Law 95-87, as amended, of which no more than 25 per 
centum shall be used for emergency reclamation projects in any one 
State and funds for federally-administered emergency reclamation 
projects under this proviso shall not exceed $11,000,000: Provided 
further, That prior year unobligated funds appropriated for the 
emergency reclamation program shall not be subject to the 25 per centum 
limitation per State and may be used without fiscal year limitation for 
emergency projects: Provided further, That pursuant to Public Law 97-
365, the Department of the Interior is authorized to use up to 20 per 
centum from the recovery of the delinquent debt owed to the United 
States Government to pay for contracts to collect these debts: Provided 
further, That funds made available to States under title IV of Public 
Law 95-87 may be used, at their discretion, for any required non-
Federal share of the cost of projects funded by the Federal Government 
for the purpose of environmental restoration related to treatment or 
abatement of acid mine drainage from abandoned mines: Provided further, 
That such projects must be consistent with the purposes and priorities 
of the Surface Mining Control and Reclamation Act.

                        Bureau of Indian Affairs

                      operation of indian programs

    For operation of Indian programs by direct expenditure, contracts, 
cooperative agreements, compacts, and grants including expenses 
necessary to provide education and welfare services for Indians, either 
directly or in cooperation with States and other organizations, 
including payment of care, tuition, assistance, and other expenses of 
Indians in boarding homes, or institutions, or schools; grants and 
other assistance to needy Indians; maintenance of law and order; 
management, development, improvement, and protection of resources and 
appurtenant facilities under the jurisdiction of the Bureau, including 
payment of irrigation assessments and charges; acquisition of water 
rights; advances for Indian industrial and business enterprises; 
operation of Indian arts and crafts shops and museums; development of 
Indian arts and crafts, as authorized by law; for the general 
administration of the Bureau, including such expenses in field offices; 
maintaining of Indian reservation roads as defined in 23 U.S.C. 101; 
and construction, repair, and improvement of Indian housing, 
$1,381,623,000, of which not to exceed $90,829,000 shall be for 
payments to tribes and tribal organizations for contract support costs 
associated with ongoing contracts or grants or compacts entered into 
with the Bureau prior to fiscal year 1997, as authorized by the Indian 
Self-Determination Act of 1975, as amended, and up to $5,000,000 shall 
be for the Indian Self-Determination Fund, which shall be available for 
the transitional cost of initial or expanded tribal contracts, grants, 
compacts, or cooperative agreements with the Bureau under such Act; and 
of which not to exceed $339,709,000 for school operations costs of 
Bureau-funded schools and other education programs shall become 
available on July 1, 1997, and shall remain available until September 
30, 1998; and of which not to exceed $55,838,000 for higher education 
scholarships, adult vocational training, and assistance to public 
schools under 25 U.S.C. 452 et seq., shall remain available until 
September 30, 1998; and of which not to exceed $55,603,000 shall remain 
available until expended for housing improvement, road maintenance, 
attorney fees, litigation support, self-governance grants, the Indian 
Self-Determination Fund, and the Navajo-Hopi Settlement Program: 
Provided, That tribes and tribal contractors may use their tribal 
priority allocations for unmet indirect costs of ongoing contracts, 
grants or compact agreements: Provided further, That funds made 
available to tribes and tribal organizations through contracts or 
grants obligated during fiscal year 1997, as authorized by the Indian 
Self-Determination Act of 1975, or grants authorized by the Indian 
Education Amendments of 1988 (25 U.S.C. 2001 and 2008A) shall remain 
available until expended by the contractor or grantee: Provided 
further, That to provide funding uniformity within a Self-Governance 
Compact, any funds provided in this Act with availability for more than 
one year may be reprogrammed to one year availability but shall remain 
available within the Compact until expended: Provided further, That 
notwithstanding any other provision of law, Indian tribal governments 
may, by appropriate changes in eligibility criteria or by other means, 
change eligibility for general assistance or change the amount of 
general assistance payments for individuals within the service area of 
such tribe who are otherwise deemed eligible for general assistance 
payments so long as such changes are applied in a consistent manner to 
individuals similarly situated: Provided further, That any savings 
realized by such changes shall be available for use in meeting other 
priorities of the tribes: Provided further, That any net increase in 
costs to the Federal Government which result solely from tribally 
increased payment levels for general assistance shall be met 
exclusively from funds available to the tribe from within its tribal 
priority allocation: Provided further, That any forestry funds 
allocated to a tribe which remain unobligated as of September 30, 1997, 
may be transferred during fiscal year 1998 to an Indian forest land 
assistance account established for the benefit of such tribe within the 
tribe's trust fund account: Provided further, That any such unobligated 
balances not so transferred shall expire on September 30, 1998: 
Provided further, That notwithstanding any other provision of law, no 
funds available to the Bureau, other than the amounts provided herein 
for assistance to public schools under 25 U.S.C. 452 et seq., shall be 
available to support the operation of any elementary or secondary 
school in the State of Alaska in fiscal year 1997: Provided further, 
That funds made available in this or any other Act for expenditure 
through September 30, 1998 for schools funded by the Bureau shall be 
available only to the schools in the Bureau school system as of 
September 1, 1995: Provided further, That no funds available to the 
Bureau shall be used to support expanded grades for any school beyond 
the grade structure in place at each school in the Bureau school system 
as of October 1, 1995: Provided further, That in fiscal year 1997 and 
thereafter, notwithstanding the provisions of 25 U.S.C. 2012(h)(1) (A) 
and (B), upon the recommendation of either (i) a local school board and 
school supervisor for an education position in a Bureau of Indian 
Affairs operated school, or (ii) an Agency school board and education 
line officer for an Agency education position, the Secretary shall 
establish adjustments to the rates of basic compensation or annual 
salary rates established under 25 U.S.C. 2012(h)(1) (A) and (B) for 
education positions at the school or the Agency, at a level not less 
than that for comparable positions in the nearest public school 
district, and the adjustment shall be deemed to be a change to basic 
pay and shall not be subject to collective bargaining: Provided 
further, That any reduction to rates of basic compensation or annual 
salary rates below the rates established under 25 U.S.C. 2012(h)(1) (A) 
and (B) shall apply only to educators appointed after June 30, 1997, 
and shall not affect the right of an individual employed on June 30, 
1997, in an education position, to receive the compensation attached to 
such position under 25 U.S.C. 2012(h)(1) (A) and (B) so long as the 
individual remains in the same position at the same school: Provided 
further, That notwithstanding 25 U.S.C. 2012(h)(1)(B), when the rates 
of basic compensation for teachers and counselors at Bureau-operated 
schools are established at the rates of basic compensation applicable 
to comparable positions in overseas schools under the Defense 
Department Overseas Teachers Pay and Personnel Practices Act, such 
rates shall become effective with the start of the next academic year 
following the issuance of the Department of Defense salary schedule and 
shall not be effected retroactively.

                              construction

    For construction, major repair, and improvement of irrigation and 
power systems, buildings, utilities, and other facilities, including 
architectural and engineering services by contract; acquisition of 
lands, and interests in lands; and preparation of lands for farming, 
and for construction of the Navajo Indian Irrigation Project pursuant 
to Public Law 87-483, $85,831,000, to remain available until expended: 
Provided, That such amounts as may be available for the construction of 
the Navajo Indian Irrigation Project may be transferred to the Bureau 
of Reclamation: Provided further, That not to exceed 6 per centum of 
contract authority available to the Bureau of Indian Affairs from the 
Federal Highway Trust Fund may be used to cover the road program 
management costs of the Bureau: Provided further, That any funds 
provided for the Safety of Dams program pursuant to 25 U.S.C. 13 shall 
be made available on a non-reimbursable basis: Provided further, That 
for fiscal year 1997, in implementing new construction or facilities 
improvement and repair project grants in excess of $100,000 that are 
provided to tribally controlled grant schools under Public Law 100-297, 
as amended, the Secretary of the Interior shall use the Administrative 
and Audit Requirements and Cost Principles for Assistance Programs 
contained in 43 CFR part 12 as the regulatory requirements: Provided 
further, That such grants shall not be subject to section 12.61 of 43 
CFR; the Secretary and the grantee shall negotiate and determine a 
schedule of payments for the work to be performed: Provided further, 
That in considering applications, the Secretary shall consider whether 
the Indian tribe or tribal organization would be deficient in assuring 
that the construction projects conform to applicable building standards 
and codes and Federal, tribal, or State health and safety standards as 
required by 25 U.S.C. 2005(a), with respect to organizational and 
financial management capabilities: Provided further, That if the 
Secretary declines an application, the Secretary shall follow the 
requirements contained in 25 U.S.C. 2505(f): Provided further, That any 
disputes between the Secretary and any grantee concerning a grant shall 
be subject to the disputes provision in 25 U.S.C. 2508(e).

 indian land and water claim settlements and miscellaneous payments to 
                                indians

    For miscellaneous payments to Indian tribes and individuals and for 
necessary administrative expenses, $65,241,000, to remain available 
until expended; of which $56,400,000 shall be available for 
implementation of enacted Indian land and water claim settlements 
pursuant to Public Laws 101-618, 102-374, 102-575, and for 
implementation of other enacted water rights settlements, including not 
to exceed $8,000,000, which shall be for the Federal share of the 
Catawba Indian Tribe of South Carolina Claims Settlement, as authorized 
by section 5(a) of Public Law 103-116; and of which $841,000 shall be 
available pursuant to Public Laws 98-500, 99-264, and 100-580.

                 indian guaranteed loan program account

    For the cost of guaranteed loans, $4,500,000, as authorized by the 
Indian Financing Act of 1974, as amended: Provided, That such costs, 
including the cost of modifying such loans, shall be as defined in 
section 502 of the Congressional Budget Act of 1974: Provided further, 
That these funds are available to subsidize total loan principal, any 
part of which is to be guaranteed, not to exceed $34,615,000.
    In addition, for administrative expenses to carry out the 
guaranteed loan programs, $500,000.

                       administrative provisions

    Appropriations for the Bureau of Indian Affairs (except the 
revolving fund for loans, the Indian loan guarantee and insurance fund, 
the Technical Assistance of Indian Enterprises account, the Indian 
Direct Loan Program account, and the Indian Guaranteed Loan Program 
account) shall be available for expenses of exhibits, and purchase of 
not to exceed 229 passenger motor vehicles, of which not to exceed 187 
shall be for replacement only.

                          Departmental Offices

                            Insular Affairs

                       assistance to territories

    For expenses necessary for assistance to territories under the 
jurisdiction of the Department of the Interior, $65,088,000, of which 
(1) $61,239,000 shall be available until expended for technical 
assistance, including maintenance assistance, disaster assistance, 
insular management controls, and brown tree snake control and research; 
grants to the judiciary in American Samoa for compensation and 
expenses, as authorized by law (48 U.S.C. 1661(c)); grants to the 
Government of American Samoa, in addition to current local revenues, 
for construction and support of governmental functions; grants to the 
Government of the Virgin Islands as authorized by law; grants to the 
Government of Guam, as authorized by law; and grants to the Government 
of the Northern Mariana Islands as authorized by law (Public Law 94-
241; 90 Stat. 272); and (2) $3,849,000 shall be available for salaries 
and expenses of the Office of Insular Affairs: Provided, That all 
financial transactions of the territorial and local governments herein 
provided for, including such transactions of all agencies or 
instrumentalities established or utilized by such governments, may be 
audited by the General Accounting Office, at its discretion, in 
accordance with chapter 35 of title 31, United States Code: Provided 
further, That Northern Mariana Islands Covenant grant funding shall be 
provided according to those terms of the Agreement of the Special 
Representatives on Future United States Financial Assistance for the 
Northern Mariana Islands approved by Public Law 99-396, or any 
subsequent legislation related to Commonwealth of the Northern Mariana 
Islands grant funding: Provided further, That of the amounts provided 
for technical assistance, sufficient funding shall be made available 
for a grant to the Close Up Foundation: Provided further, That the 
funds for the program of operations and maintenance improvement are 
appropriated to institutionalize routine operations and maintenance 
improvement of capital infrastructure in American Samoa, Guam, the 
Virgin Islands, the Commonwealth of the Northern Mariana Islands, the 
Republic of Palau, the Republic of the Marshall Islands, and the 
Federated States of Micronesia through assessments of long-range 
operations maintenance needs, improved capability of local operations 
and maintenance institutions and agencies (including management and 
vocational education training), and project-specific maintenance (with 
territorial participation and cost sharing to be determined by the 
Secretary based on the individual territory's commitment to timely 
maintenance of its capital assets): Provided further, That any 
appropriation for disaster assistance under this head in this Act or 
previous appropriations Acts may be used as non-Federal matching funds 
for the purpose of hazard mitigation grants provided pursuant to 
section 404 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5170c).

                      compact of free association

    For economic assistance and necessary expenses for the Federated 
States of Micronesia and the Republic of the Marshall Islands as 
provided for in sections 122, 221, 223, 232, and 233 of the Compacts of 
Free Association, and for economic assistance and necessary expenses 
for the Republic of Palau as provided for in sections 122, 221, 223, 
232, and 233 of the Compact of Free Association, $23,638,000, to remain 
available until expended, as authorized by Public Law 99-239 and Public 
Law 99-658.

                        Departmental Management

                         salaries and expenses

    For necessary expenses for management of the Department of the 
Interior, $53,691,000, of which not to exceed $7,500 may be for 
official reception and representation expenses.

                        Office of the Solicitor

                         salaries and expenses

    For necessary expenses of the Office of the Solicitor, $35,208,000.

                      Office of Inspector General

                         salaries and expenses

    For necessary expenses of the Office of Inspector General, 
$24,439,000, together with any funds or property transferred to the 
Office of Inspector General through forfeiture proceedings or from the 
Department of Justice Assets Forfeiture Fund or the Department of the 
Treasury Assets Forfeiture Fund, that represent an equitable share from 
the forfeiture of property in investigations in which the Office of 
Inspector General participated, with such transferred funds to remain 
available until expended.

                   National Indian Gaming Commission

                         salaries and expenses

    For necessary expenses of the National Indian Gaming Commission, 
pursuant to Public Law 100-497, $1,000,000.

             Office of Special Trustee for American Indians

                         federal trust programs

    For operation of trust programs for Indians by direct expenditure, 
contracts, cooperative agreements, compacts, and grants, $19,126,000, 
to remain available until expended for trust funds management: 
Provided, That funds made available to tribes and tribal organizations 
through contracts or grants obligated during fiscal year 1997, as 
authorized by the Indian Self-Determination Act of 1975 (25 U.S.C. 450 
et seq.), shall remain available until expended by the contractor or 
grantee: Provided further, That notwithstanding any other provision of 
law, the statute of limitations shall not commence to run on any claim, 
including any claim in litigation pending on the date of this Act, 
concerning losses to or mismanagement of trust funds, until the 
affected tribe or individual Indian has been furnished with an 
accounting of such funds from which the beneficiary can determine 
whether there has been a loss: Provided further, That unobligated 
balances previously made available (1) to liquidate obligations owed 
tribal and individual Indian payees of any checks canceled pursuant to 
section 1003 of the Competitive Equality Banking Act of 1987 (Public 
Law 100-86; 31 U.S.C. 3334(b)), (2) to restore Individual Indian Monies 
trust funds, Indian Irrigation Systems, and Indian Power Systems 
accounts amounts invested in credit unions or defaulted savings and 
loan associations and which where not Federally insured, including any 
interest on these amounts that may have been earned, but was not 
because of the default, and (3) to reimburse Indian trust fund account 
holders for losses to their respective accounts where the claim for 
said loss has been reduced to a judgement or settlement agreement 
approved by the Department of Justice, under the heading ``Indian Land 
and Water Claim Settlements and Miscellaneous Payments to Indians'', 
Bureau of Indian Affairs in fiscal years 1995 and 1996, are hereby 
transferred to and merged with this appropriation and may only be used 
for the operation of trust programs, in accordance with this 
appropriation.

                       Administrative Provisions

    There is hereby authorized for acquisition from available resources 
within the Working Capital Fund, 15 aircraft, 10 of which shall be for 
replacement and which may be obtained by donation, purchase or through 
available excess surplus property: Provided, That notwithstanding any 
other provision of law, existing aircraft being replaced may be sold, 
with proceeds derived or trade-in value used to offset the purchase 
price for the replacement aircraft: Provided further, That no programs 
funded with appropriated funds in ``Departmental Management'', ``Office 
of the Solicitor'', and ``Office of Inspector General'' may be 
augmented through the Working Capital Fund or the Consolidated Working 
Fund.

             GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

    Sec. 101. Appropriations made in this title shall be available for 
expenditure or transfer (within each bureau or office), with the 
approval of the Secretary, for the emergency reconstruction, 
replacement, or repair of aircraft, buildings, utilities, or other 
facilities or equipment damaged or destroyed by fire, flood, storm, or 
other unavoidable causes: Provided, That no funds shall be made 
available under this authority until funds specifically made available 
to the Department of the Interior for emergencies shall have been 
exhausted: Provided further, That all funds used pursuant to this 
section are hereby designated by Congress to be ``emergency 
requirements'' pursuant to section 251(b)(2)(D) of the Balanced Budget 
and Emergency Deficit Control Act of 1985, and must be replenished by a 
supplemental appropriation which must be requested as promptly as 
possible.
    Sec. 102. The Secretary may authorize the expenditure or transfer 
of any no year appropriation in this title, in addition to the amounts 
included in the budget programs of the several agencies, for the 
suppression or emergency prevention of forest or range fires on or 
threatening lands under the jurisdiction of the Department of the 
Interior; for the emergency rehabilitation of burned-over lands under 
its jurisdiction; for emergency actions related to potential or actual 
earthquakes, floods, volcanoes, storms, or other unavoidable causes; 
for contingency planning subsequent to actual oilspills; response and 
natural resource damage assessment activities related to actual 
oilspills; for the prevention, suppression, and control of actual or 
potential grasshopper and Mormon cricket outbreaks on lands under the 
jurisdiction of the Secretary, pursuant to the authority in section 
1773(b) of Public Law 99-198 (99 Stat. 1658); for emergency reclamation 
projects under section 410 of Public Law 95-87; and shall transfer, 
from any no year funds available to the Office of Surface Mining 
Reclamation and Enforcement, such funds as may be necessary to permit 
assumption of regulatory authority in the event a primacy State is not 
carrying out the regulatory provisions of the Surface Mining Act: 
Provided, That appropriations made in this title for fire suppression 
purposes shall be available for the payment of obligations incurred 
during the preceding fiscal year, and for reimbursement to other 
Federal agencies for destruction of vehicles, aircraft, or other 
equipment in connection with their use for fire suppression purposes, 
such reimbursement to be credited to appropriations currently available 
at the time of receipt thereof: Provided further, That for emergency 
rehabilitation and wildfire suppression activities, no funds shall be 
made available under this authority until funds appropriated to 
``Wildland Fire Management'' shall have been exhausted: Provided 
further, That all funds used pursuant to this section are hereby 
designated by Congress to be ``emergency requirements'' pursuant to 
section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit 
Control Act of 1985, and must be replenished by a supplemental 
appropriation which must be requested as promptly as possible: Provided 
further, That such replenishment funds shall be used to reimburse, on a 
pro rata basis, accounts from which emergency funds were transferred.
    Sec. 103. Appropriations made in this title shall be available for 
operation of warehouses, garages, shops, and similar facilities, 
wherever consolidation of activities will contribute to efficiency or 
economy, and said appropriations shall be reimbursed for services 
rendered to any other activity in the same manner as authorized by 
sections 1535 and 1536 of title 31, United States Code: Provided, That 
reimbursements for costs and supplies, materials, equipment, and for 
services rendered may be credited to the appropriation current at the 
time such reimbursements are received.
    Sec. 104. Appropriations made to the Department of the Interior in 
this title shall be available for services as authorized by 5 U.S.C. 
3109, when authorized by the Secretary, in total amount not to exceed 
$500,000; hire, maintenance, and operation of aircraft; hire of 
passenger motor vehicles; purchase of reprints; payment for telephone 
service in private residences in the field, when authorized under 
regulations approved by the Secretary; and the payment of dues, when 
authorized by the Secretary, for library membership in societies or 
associations which issue publications to members only or at a price to 
members lower than to subscribers who are not members.
    Sec. 105. Appropriations available to the Department of the 
Interior for salaries and expenses shall be available for uniforms or 
allowances therefor, as authorized by law (5 U.S.C. 5901-5902 and D.C. 
Code 4-204).
    Sec. 106. Appropriations made in this title shall be available for 
obligation in connection with contracts issued for services or rentals 
for periods not in excess of twelve months beginning at any time during 
the fiscal year.
    Sec. 107. Appropriations made in this title from the Land and Water 
Conservation Fund for acquisition of lands and waters, or interests 
therein, shall be available for transfer, with the approval of the 
Secretary, between the following accounts: Bureau of Land Management, 
Land acquisition, United States Fish and Wildlife Service, Land 
acquisition, and National Park Service, Land acquisition and State 
assistance. Use of such funds are subject to the reprogramming 
guidelines of the House and Senate Committees on Appropriations.
    Sec.  108. Prior to the transfer of Presidio properties to the 
Presidio Trust, when authorized, the Secretary may not obligate in any 
calendar month more than \1/12\ of the fiscal year 1997 appropriation 
for operation of the Presidio: Provided, That prior to the transfer of 
any Presidio property to the Presidio Trust, the Secretary shall 
transfer such funds as the Trust deems necessary to initiate leasing 
and other authorized activities of the Trust: Provided further, That 
this section shall expire on September 30, 1997.
    Sec. 109. None of the funds appropriated or otherwise made 
available by this Act may be obligated or expended by the Secretary of 
the Interior for developing, promulgating, and thereafter implementing 
a rule concerning rights-of-way under section 2477 of the Revised 
Statutes.
    Sec. 110. No funds provided in this title may be expended by the 
Department of the Interior for the conduct of offshore leasing and 
related activities placed under restriction in the President's 
moratorium statement of June 26, 1990, in the areas of Northern, 
Central, and Southern California; the North Atlantic; Washington and 
Oregon; and the Eastern Gulf of Mexico south of 26 degrees north 
latitude and east of 86 degrees west longitude.
    Sec. 111. No funds provided in this title may be expended by the 
Department of the Interior for the conduct of leasing, or the approval 
or permitting of any drilling or other exploration activity, on lands 
within the North Aleutian Basin planning area.
    Sec. 112. No funds provided in this title may be expended by the 
Department of the Interior for the conduct of preleasing and leasing 
activities in the Eastern Gulf of Mexico for Outer Continental Shelf 
Lease Sale 151 in the Outer Continental Shelf Natural Gas and Oil 
Resource Management Comprehensive Program, 1992-1997.
    Sec. 113. No funds provided in this title may be expended by the 
Department of the Interior for the conduct of preleasing and leasing 
activities in the Atlantic for Outer Continental Shelf Lease Sale 164 
in the Outer Continental Shelf Natural Gas and Oil Resource Management 
Comprehensive Program, 1992-1997.
    Sec. 114. There is hereby established in the Treasury a franchise 
fund pilot, as authorized by section 403 of Public Law 103-356, to be 
available as provided in such section for costs of capitalizing and 
operating administrative services as the Secretary determines may be 
performed more advantageously as central services: Provided, That any 
inventories, equipment, and other assets pertaining to the services to 
be provided by such fund, either on hand or on order, less the related 
liabilities or unpaid obligations, and any appropriations made prior to 
the current year for the purpose of providing capital shall be used to 
capitalize such fund: Provided further, That such fund shall be paid in 
advance from funds available to the Department and other Federal 
agencies for which such centralized services are performed, at rates 
which will return in full all expenses of operation, including accrued 
leave, depreciation of fund plant and equipment, amortization of 
automatic data processing (ADP) software and systems (either acquired 
or donated) and an amount necessary to maintain a reasonable operating 
reserve, as determined by the Secretary: Provided further, That such 
fund shall provide services on a competitive basis: Provided further, 
That an amount not to exceed four percent of the total annual income to 
such fund may be retained in the fund for fiscal year 1997 and each 
fiscal year thereafter, to remain available until expended, to be used 
for the acquisition of capital equipment, and for the improvement and 
implementation of Department financial management, ADP, and other 
support systems: Provided further, That no later than thirty days after 
the end of each fiscal year amounts in excess of this reserve 
limitation shall be transferred to the Treasury: Provided further, That 
such franchise fund pilot shall terminate pursuant to section 403(f) of 
Public Law 103-356.
    Sec. 115. None of the funds in this Act or any other Act may be 
used by the Secretary for the redesign of Pennsylvania Avenue in front 
of the White House without the advance approval of the House and Senate 
Committees on Appropriations.
    Sec. 116. None of the funds made available in this Act may be used 
by the Department of the Interior to continue or enforce the 
designation of any critical habitat for the marbled murrelet on private 
property in the State of California, excluding approximately 3,000 
acres of redwood forest commonly known as the ``Headwaters Grove'', 
located in Humboldt County, California.
    Sec. 117. None of the funds made available in this Act may be used 
by the Bureau of Indian Affairs to transfer any land into trust under 
section 5 of the Indian Reorganization Act, 48 Stat, 985, 25 USC s. 
465, or any other federal statute that does not explicitly denominate 
and identify a specific tribe or specific property, unless it has been 
made known to the Secretary of Interior, or his or her designee, that a 
binding agreement is in place between the tribe that will have 
jurisdiction over the land to be taken into trust and the appropriate 
state and local official(s) and that such agreement provides, for as 
long as the land is held in trust, for the collection and payment, by 
any retail establishment located on the land to be taken into trust, of 
State and local sales and excise taxes, including any special tax on 
motor fuel, tobacco, or alcohol, on any retail item sold to any non-
member of the tribe for which the land is held in trust.

                       TITLE II--RELATED AGENCIES

                       Department of Agriculture

                             forest service

                     forest and rangeland research

    For necessary expenses of forest and rangeland research as 
authorized by law, $179,000,000, to remain available until September 
30, 1998: Provided, That unobligated and unexpended balances remaining 
in this account at the end of fiscal year 1996 shall be merged with and 
made a part of the fiscal year 1997 Forest and Rangeland Research 
appropriation.

                       state and private forestry

    For necessary expenses of cooperating with, and providing technical 
and financial assistance to States, Territories, possessions, and 
others and for forest pest management activities, cooperative forestry 
and education and land conservation activities, $148,884,000 to remain 
available until expended, as authorized by law.

                         national forest system

    For necessary expenses of the Forest Service, not otherwise 
provided for, for management, protection, improvement, and utilization 
of the National Forest System, for ecosystem planning, inventory, and 
monitoring, and for administrative expenses associated with the 
management of funds provided under the heads ``Forest and Rangeland 
Research,'' ``State and Private Forestry,'' ``National Forest System,'' 
``Wildland Fire Management,'' ``Reconstruction and Construction,'' and 
``Land Acquisition,'' $1,259,057,000 to remain available for obligation 
until September 30, 1998, and including 50 per centum of all monies 
received during the prior fiscal year as fees collected under the Land 
and Water Conservation Fund Act of 1965, as amended, in accordance with 
section 4 of the Act (16 U.S.C. 4601-6a(i)): Provided, That unobligated 
and unexpended balances in the National Forest System account at the 
end of fiscal year 1996, shall be merged with and made a part of the 
fiscal year 1997 National Forest System appropriation, and shall remain 
available for obligation until September 30, 1998: Provided further, 
That up to $5,000,000 of the funds provided herein for road maintenance 
shall be available for the planned obliteration of roads which are no 
longer needed.

                        wildland fire management

    For necessary expenses for forest fire presuppression activities on 
National Forest System lands, for emergency fire suppression on or 
adjacent to such lands or other lands under fire protection agreement, 
and for emergency rehabilitation of burned over National Forest System 
lands, $411,485,000, to remain available until expended: Provided, That 
unexpended balances of amounts previously appropriated under any other 
headings for Forest Service fire activities are transferred to and 
merged with this appropriation and subject to the same terms and 
conditions: Provided further, That such funds are available for 
repayment of advances from other appropriations accounts previously 
transferred for such purposes.

                    reconstruction and construction

    For necessary expenses of the Forest Service, not otherwise 
provided for, $164,100,000, to remain available until expended for 
construction, reconstruction and acquisition of buildings and other 
facilities, and for construction, reconstruction and repair of forest 
roads and trails by the Forest Service as authorized by 16 U.S.C. 532-
538 and 23 U.S.C. 101 and 205: Provided, That not to exceed 
$50,000,000, to remain available until expended, may be obligated for 
the construction of forest roads by timber purchasers: Provided 
further, That funds appropriated under this head for the construction 
of the Wayne National Forest Supervisor's Office may be granted to the 
Ohio State Highway Patrol, Ohio State Department of Transportation, as 
the Federal share of the cost of construction of a new facility to be 
jointly occupied by the Forest Service and the Ohio State Highway 
Patrol: Provided further, That an agreed upon lease of space in the new 
facility shall be provided to the Forest Service without charge for the 
life of the building.

                            land acquisition

    For expenses necessary to carry out the provisions of the Land and 
Water Conservation Fund Act of 1965, as amended (16 U.S.C. 4601-4-11), 
including administrative expenses, and for acquisition of land or 
waters, or interest therein, in accordance with statutory authority 
applicable to the Forest Service, $30,000,000, to be derived from the 
Land and Water Conservation Fund, to remain available until expended: 
Provided, That funding for specific land acquisitions are subject to 
the approval of the House and Senate Committees on Appropriations.

         acquisition of lands for national forests special acts

    For acquisition of lands within the exterior boundaries of the 
Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe National 
Forest, Nevada; and the Angeles, San Bernardino, Sequoia, and Cleveland 
National Forests, California, as authorized by law, $1,069,000, to be 
derived from forest receipts.

            acquisition of lands to complete land exchanges

    For acquisition of lands, to be derived from funds deposited by 
State, county, or municipal governments, public school districts, or 
other public school authorities pursuant to the Act of December 4, 
1967, as amended (16 U.S.C. 484a), to remain available until expended.

                         range betterment fund

    For necessary expenses of range rehabilitation, protection, and 
improvement, 50 per centum of all moneys received during the prior 
fiscal year, as fees for grazing domestic livestock on lands in 
National Forests in the sixteen Western States, pursuant to section 
401(b)(1) of Public Law 94-579, as amended, to remain available until 
expended, of which not to exceed 6 per centum shall be available for 
administrative expenses associated with on-the-ground range 
rehabilitation, protection, and improvements.

    gifts, donations and bequests for forest and rangeland research

    For expenses authorized by 16 U.S.C. 1643(b), $92,000, to remain 
available until expended, to be derived from the fund established 
pursuant to the above Act.

               administrative provisions, forest service

    Appropriations to the Forest Service for the current fiscal year 
shall be available for: (a) purchase of not to exceed 159 passenger 
motor vehicles of which 14 will be used primarily for law enforcement 
purposes and of which 149 shall be for replacement; acquisition of 10 
passenger motor vehicles from excess sources, and hire of such 
vehicles; operation and maintenance of aircraft, the purchase of not to 
exceed two for replacement only, and acquisition of 20 aircraft from 
excess sources; notwithstanding other provisions of law, existing 
aircraft being replaced may be sold, with proceeds derived or trade-in 
value used to offset the purchase price for the replacement aircraft; 
(b) services pursuant to 7 U.S.C. 2225, and not to exceed $100,000 for 
employment under 5 U.S.C. 3109; (c) purchase, erection, and alteration 
of buildings and other public improvements (7 U.S.C. 2250); (d) 
acquisition of land, waters, and interests therein, pursuant to 7 
U.S.C. 428a; (e) for expenses pursuant to the Volunteers in the 
National Forest Act of 1972 (16 U.S.C 558a, 558d, 558a note); and (f) 
for debt collection contracts in accordance with 31 U.S.C. 3718(c).
    None of the funds made available under this Act shall be obligated 
or expended to change the boundaries of any region, to abolish any 
region, to move or close any regional office, or to implement any 
reorganization, ``reinvention'' or other type of organizational 
restructuring of the Forest Service without the consent of the House 
and Senate Committees on Appropriations.
    Any appropriations or funds available to the Forest Service may be 
advanced to the Wildland Fire Management appropriation and may be used 
for forest firefighting and the emergency rehabilitation of burned-over 
lands under its jurisdiction.
    Funds appropriated to the Forest Service shall be available for 
assistance to or through the Agency for International Development and 
the Foreign Agricultural Service in connection with forest and 
rangeland research, technical information, and assistance in foreign 
countries, and shall be available to support forestry and related 
natural resource activities outside the United States and its 
territories and possessions, including technical assistance, education 
and training, and cooperation with United States and international 
organizations.
    None of the funds made available to the Forest Service under this 
Act shall be subject to transfer under the provisions of section 702(b) 
of the Department of Agriculture Organic Act of 1944 (7 U.S.C. 2257) or 
7 U.S.C 147b unless the proposed transfer is approved in advance by the 
House and Senate Committees on Appropriations in compliance with the 
reprogramming procedures contained in House Report 103-551.
    None of the funds available to the Forest Service may be 
reprogrammed without the advance approval of the House and Senate 
Committees on Appropriations in accordance with the procedures 
contained in House Report 103-551.
    No funds appropriated to the Forest Service shall be transferred to 
the Working Capital Fund of the Department of Agriculture without the 
approval of the Chief of the Forest Service.
    Notwithstanding any other provision of the law, any appropriations 
or funds available to the Forest Service may be used to disseminate 
program information to private and public individuals and organizations 
through the use of nonmonetary items of nominal value and to provide 
nonmonetary awards of nominal value and to incur necessary expenses for 
the nonmonetary recognition of private individuals and organizations 
that make contributions to Forest Service programs.
    Notwithstanding any other provision of law, money collected, in 
advance or otherwise, by the Forest Service under authority of section 
101 of Public Law 93-153 (30 U.S.C. 185(1)) as reimbursement of 
administrative and other costs incurred in processing pipeline right-
of-way or permit applications and for costs incurred in monitoring the 
construction, operation, maintenance, and termination of any pipeline 
and related facilities, may be used to reimburse the applicable 
appropriation to which such costs were originally charged.
    Funds available to the Forest Service shall be available to conduct 
a program of not less than $1,000,000 for high priority projects within 
the scope of the approved budget which shall be carried out by the 
Youth Conservation Corps as authorized by the Act of August 13, 1970, 
as amended by Public Law 93-408.
    None of the funds available in this Act shall be used for timber 
sale preparation using clearcutting in hardwood stands in excess of 25 
percent of the fiscal year 1989 harvested volume in the Wayne National 
Forest, Ohio: Provided, That this limitation shall not apply to 
hardwood stands damaged by natural disaster: Provided further, That 
landscape architects shall be used to maintain a visually pleasing 
forest.
    Any money collected from the States for fire suppression assistance 
rendered by the Forest Service on non-Federal lands not in the vicinity 
of National Forest System lands shall be used to reimburse the 
applicable appropriation and shall remain available until expended as 
the Secretary may direct in conducting activities authorized by 16 
U.S.C. 2101 (note), 2101-2110, 1606, and 2111.
    Of the funds available to the Forest Service, $1,500 is available 
to the Chief of the Forest Service for official reception and 
representation expenses.
    Notwithstanding any other provision of law, the Forest Service is 
authorized to employ or otherwise contract with persons at regular 
rates of pay, as determined by the Service, to perform work occasioned 
by emergencies such as fires, storms, floods, earthquakes or any other 
unavoidable cause without regard to Sundays, Federal holidays, and the 
regular workweek.
    To the greatest extent possible, and in accordance with the Final 
Amendment to the Shawnee National Forest Plan, none of the funds 
available in this Act shall be used for preparation of timber sales 
using clearcutting or other forms of even aged management in hardwood 
stands in the Shawnee National Forest, Illinois.
    Pursuant to sections 405(b) and 410(b) of Public Law 101-593, funds 
up to $1,000,000 for matching funds shall be available for the National 
Forest Foundation.
    Funds appropriated to the Forest Service shall be available for 
interactions with and providing technical assistance to rural 
communities for sustainable rural development purposes.
    Notwithstanding any other provision of law, 80 percent of the funds 
appropriated to the Forest Service in the National Forest System and 
Construction accounts and planned to be allocated to activities under 
the ``Jobs in the Woods'' program for projects on National Forest land 
in the State of Washington may be granted directly to the Washington 
State Department of Fish and Wildlife for accomplishment of planned 
projects. Twenty percent of said funds shall be retained by the Forest 
Service for planning and administering projects. Project selection and 
prioritization shall be accomplished by the Forest Service with such 
consultation with the State of Washington as the Forest Service deems 
appropriate.
    Funds appropriated to the Forest Service shall be available for 
payments to counties within the Columbia River Gorge National Scenic 
Area, pursuant to sections 14(c)(1) and (2), and section 16(a)(2) of 
Public Law 99-663.

                          DEPARTMENT OF ENERGY

                 fossil energy research and development

    For necessary expenses in carrying out fossil energy research and 
development activities, under the authority of the Department of Energy 
Organization Act (Public Law 95-91), including the acquisition of 
interest, including defeasible and equitable interests in any real 
property or any facility or for plant or facility acquisition or 
expansion, and for conducting inquiries, technological investigations 
and research concerning the extraction, processing, use, and disposal 
of mineral substances without objectionable social and environmental 
costs (30 U.S.C. 3, 1602, and 1603), performed under the minerals and 
materials science programs at the Albany Research Center in Oregon, 
$358,754,000, to remain available until expended: Provided, That no 
part of the sum herein made available shall be used for the field 
testing of nuclear explosives in the recovery of oil and gas.

                      alternative fuels production

              (including transfer and rescission of funds)

    Monies received as investment income on the principal amount in the 
Great Plains Project Trust at the Norwest Bank of North Dakota, in such 
sums as are earned as of October 1, 1996, shall be deposited in this 
account and immediately transferred to the General Fund of the 
Treasury. Monies received as revenue sharing from the operation of the 
Great Plains Gasification Plant shall be immediately transferred to the 
General Fund of the Treasury. Funds are hereby rescinded in the amount 
of $2,500,000 from unobligated balances under this head.

                 naval petroleum and oil shale reserves

    For necessary expenses in carrying out naval petroleum and oil 
shale reserve activities, $143,786,000, to remain available until 
expended: Provided, That the requirements of 10 U.S.C. 7430(b)(2)(B) 
shall not apply to fiscal year 1997.

                          energy conservation

    For necessary expenses in carrying out energy conservation 
activities, $499,680,000, to remain available until expended, 
including, notwithstanding any other provision of law, the excess 
amount for fiscal year 1997 determined under the provisions of section 
3003(d) of Public Law 99-509 (15 U.S.C. 4502): Provided, That 
$125,000,000 shall be for use in energy conservation programs as 
defined in section 3008(3) of Public Law 99-509 (15 U.S.C. 4507) and 
shall not be available until excess amounts are determined under the 
provisions of section 3003(d) of Public Law 99-509 (15 U.S.C. 4502): 
Provided further, That notwithstanding section 3003(d)(2) of Public Law 
99-509 such sums shall be allocated to the eligible programs as 
follows: $100,000,000 for weatherization assistance grants and 
$25,000,000 for State energy conservation grants.

                          economic regulation

    For necessary expenses in carrying out the activities of the Office 
of Hearing and Appeals, $2,725,000, to remain available until expended.

                      strategic petroleum reserve

                     (including transfer of funds)

    For necessary expenses for Strategic Petroleum Reserve facility 
development and operations and program management activities pursuant 
to the Energy Policy and Conservation Act of 1975, as amended (42 
U.S.C. 6201 et seq.), $220,000,000, to remain available until expended, 
of which $220,000,000 shall be repaid from the ``SPR Operating Fund'' 
from amounts made available from the sale of oil from the Reserve: 
Provided, That notwithstanding section 161 of the Energy Policy and 
Conservation Act, the Secretary shall draw down and sell in fiscal year 
1997 $220,000,000 worth of oil from the Strategic Petroleum Reserve: 
Provided further, That the proceeds from the sale shall be deposited 
into a special account in the Treasury, to be established and known as 
the ``SPR Operating Fund'', and shall, upon receipt, be transferred to 
the Strategic Petroleum Reserve account for operations of the Strategic 
Petroleum Reserve: Provided further, That notwithstanding any other 
provision of law, the proceeds from the sale shall be included in the 
budget baseline required by the Balanced Budget and Emergency Deficit 
Control Act of 1985 and shall be counted as an offset to discretionary 
budget authority and outlays for the purposes of section 251(a)(7) of 
that Act.

                         spr petroleum account

    Notwithstanding 42 U.S.C. 6240(d) the United States share of crude 
oil in Naval Petroleum Reserve Numbered 1 (Elk Hills) may be sold or 
otherwise disposed of to other than the Strategic Petroleum Reserve: 
Provided, That outlays in fiscal year 1997 resulting from the use of 
funds in this account shall not exceed $5,000,000.

                   energy information administration

    For necessary expenses in carrying out the activities of the Energy 
Information Administration, $66,120,000 to remain available until 
expended.

            administrative provisions, department of energy

    Appropriations under this Act for the current fiscal year shall be 
available for hire of passenger motor vehicles; hire, maintenance, and 
operation of aircraft; purchase, repair, and cleaning of uniforms; and 
reimbursement to the General Services Administration for security guard 
services.
    From appropriations under this Act, transfers of sums may be made 
to other agencies of the Government for the performance of work for 
which the appropriation is made.
    None of the funds made available to the Department of Energy under 
this Act shall be used to implement or finance authorized price support 
or loan guarantee programs unless specific provision is made for such 
programs in an appropriations Act.
    The Secretary is authorized to accept lands, buildings, equipment, 
and other contributions from public and private sources and to 
prosecute projects in cooperation with other agencies, Federal, State, 
private or foreign: Provided, That revenues and other moneys received 
by or for the account of the Department of Energy or otherwise 
generated by sale of products in connection with projects of the 
Department appropriated under this Act may be retained by the Secretary 
of Energy, to be available until expended, and used only for plant 
construction, operation, costs, and payments to cost-sharing entities 
as provided in appropriate cost-sharing contracts or agreements: 
Provided further, That the remainder of revenues after the making of 
such payments shall be covered into the Treasury as miscellaneous 
receipts: Provided further, That any contract, agreement, or provision 
thereof entered into by the Secretary pursuant to this authority shall 
not be executed prior to the expiration of 30 calendar days (not 
including any day in which either House of Congress is not in session 
because of adjournment of more than three calendar days to a day 
certain) from the receipt by the Speaker of the House of 
Representatives and the President of the Senate of a full comprehensive 
report on such project, including the facts and circumstances relied 
upon in support of the proposed project.
    No funds provided in this Act may be expended by the Department of 
Energy to prepare, issue, or process procurement documents for programs 
or projects for which appropriations have not been made.
    In addition to other authorities set forth in this Act, the 
Secretary may accept fees and contributions from public and private 
sources, to be deposited in a contributed funds account, and prosecute 
projects using such fees and contributions in cooperation with other 
Federal, State or private agencies or concerns.

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                         Indian Health Service

                         indian health services

    For expenses necessary to carry out the Act of August 5, 1954 (68 
Stat. 674), the Indian Self-Determination Act, the Indian Health Care 
Improvement Act, and titles II and III of the Public Health Service Act 
with respect to the Indian Health Service, $1,779,561,000, together 
with payments received during the fiscal year pursuant to 42 U.S.C. 
238(b) for services furnished by the Indian Health Service: Provided, 
That funds made available to tribes and tribal organizations through 
contracts, grant agreements, or any other agreements or compacts 
authorized by the Indian Self-Determination and Education Assistance 
Act of 1975 (25 U.S.C. 450), shall be deemed to be obligated at the 
time of the grant or contract award and thereafter shall remain 
available to the tribe or tribal organization without fiscal year 
limitation: Provided further, That $12,000,000 shall remain available 
until expended, for the Indian Catastrophic Health Emergency Fund: 
Provided further, That $353,125,000 for contract medical care shall 
remain available for obligation until September 30, 1998: Provided 
further, That of the funds provided, not less than $11,306,000 shall be 
used to carry out the loan repayment program under section 108 of the 
Indian Health Care Improvement Act: Provided further, That funds 
provided in this Act may be used for one-year contracts and grants 
which are to be performed in two fiscal years, so long as the total 
obligation is recorded in the year for which the funds are 
appropriated: Provided further, That the amounts collected by the 
Secretary of Health and Human Services under the authority of title IV 
of the Indian Health Care Improvement Act shall remain available until 
expended for the purpose of achieving compliance with the applicable 
conditions and requirements of titles XVIII and XIX of the Social 
Security Act (exclusive of planning, design, or construction of new 
facilities): Provided further, That of the funds provided, $7,500,000 
shall remain available until expended, for the Indian Self-
Determination Fund, which shall be available for the transitional costs 
of initial or expanded tribal contracts, grants or cooperative 
agreements with the Indian Health Service under the provisions of the 
Indian Self-Determination Act: Provided further, That funding contained 
herein, and in any earlier appropriations Acts for scholarship programs 
under the Indian Health Care Improvement Act (25 U.S.C. 1613) shall 
remain available for obligation until September 30, 1998: Provided 
further, That amounts received by tribes and tribal organizations under 
title IV of the Indian Health Care Improvement Act shall be reported 
and accounted for and available to the receiving tribes and tribal 
organizations until expended.

                        indian health facilities

    For construction, repair, maintenance, improvement, and equipment 
of health and related auxiliary facilities, including quarters for 
personnel; preparation of plans, specifications, and drawings; 
acquisition of sites, purchase and erection of modular buildings, and 
purchases of trailers; and for provision of domestic and community 
sanitation facilities for Indians, as authorized by section 7 of the 
Act of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-Determination 
Act, and the Indian Health Care Improvement Act, and for expenses 
necessary to carry out such Acts and titles II and III of the Public 
Health Service Act with respect to environmental health and facilities 
support activities of the Indian Health Service, $227,701,000, to 
remain available until expended: Provided, That notwithstanding any 
other provision of law, funds appropriated for the planning, design, 
construction or renovation of health facilities for the benefit of an 
Indian tribe or tribes may be used to purchase land for sites to 
construct, improve, or enlarge health or related facilities.

            administrative provisions, indian health service

    Appropriations in this Act to the Indian Health Service shall be 
available for services as authorized by 5 U.S.C. 3109 but at rates not 
to exceed the per diem rate equivalent to the maximum rate payable for 
senior-level positions under 5 U.S.C. 5376; hire of passenger motor 
vehicles and aircraft; purchase of medical equipment; purchase of 
reprints; purchase, renovation and erection of modular buildings and 
renovation of existing facilities; payments for telephone service in 
private residences in the field, when authorized under regulations 
approved by the Secretary; and for uniforms or allowances therefore as 
authorized by 5 U.S.C. 5901-5902; and for expenses of attendance at 
meetings which are concerned with the functions or activities for which 
the appropriation is made or which will contribute to improved conduct, 
supervision, or management of those functions or activities: Provided, 
That in accordance with the provisions of the Indian Health Care 
Improvement Act, non-Indian patients may be extended health care at all 
tribally administered or Indian Health Service facilities, subject to 
charges, and the proceeds along with funds recovered under the Federal 
Medical Care Recovery Act (42 U.S.C. 2651-53) shall be credited to the 
account of the facility providing the service and shall be available 
without fiscal year limitation: Provided further, That notwithstanding 
any other law or regulation, funds transferred from the Department of 
Housing and Urban Development to the Indian Health Service shall be 
administered under Public Law 86-121 (the Indian Sanitation Facilities 
Act) and Public Law 93-638, as amended: Provided further, That funds 
appropriated to the Indian Health Service in this Act, except those 
used for administrative and program direction purposes, shall not be 
subject to limitations directed at curtailing Federal travel and 
transportation: Provided further, That the Indian Health Service shall 
neither bill nor charge those Indians who may have the economic means 
to pay unless and until such time as Congress has agreed upon a 
specific policy to do so and has directed the Indian Health Service to 
implement such a policy: Provided further, That notwithstanding any 
other provision of law, funds previously or herein made available to a 
tribe or tribal organization through a contract, grant, or agreement 
authorized by title I or title III of the Indian Self-Determination and 
Education Assistance Act of 1975 (25 U.S.C. 450), may be deobligated 
and reobligated to a self-determination contract under title I, or a 
self-governance agreement under title III of such Act and thereafter 
shall remain available to the tribe or tribal organization without 
fiscal year limitation: Provided further, That none of the funds made 
available to the Indian Health Service in this Act shall be used to 
implement the final rule published in the Federal Register on September 
16, 1987, by the Department of Health and Human Services, relating to 
the eligibility for the health care services of the Indian Health 
Service until the Indian Health Service has submitted a budget request 
reflecting the increased costs associated with the proposed final rule, 
and such request has been included in an appropriations Act and enacted 
into law: Provided further, That funds made available in this Act are 
to be apportioned to the Indian Health Service as appropriated in this 
Act, and accounted for in the appropriation structure set forth in this 
Act: Provided further, That funds received from any source, including 
tribal contractors and compactors for previously transferred functions 
which tribal contractors and compactors no longer wish to retain, for 
services, goods, or training and technical assistance, shall be 
retained by the Indian Health Service and shall remain available until 
expended by the Indian Health Service: Provided further, That 
reimbursements for training, technical assistance, or services provided 
by the Indian Health Service will contain total costs, including 
direct, administrative, and overhead associated with the provision of 
goods, services, or technical assistance: Provided further, That the 
appropriation structure for the Indian Health Service may not be 
altered without advance approval of the House and Senate Committees on 
Appropriations.

                        DEPARTMENT OF EDUCATION

              Office of Elementary and Secondary Education

                            indian education

    For necessary expenses to carry out, to the extent not otherwise 
provided, title IX, part A of the Elementary and Secondary Education 
Act of 1965, as amended, and section 215 of the Department of Education 
Organization Act, $52,500,000.

                         OTHER RELATED AGENCIES

              Office of Navajo and Hopi Indian Relocation

                         salaries and expenses

    For necessary expenses of the Office of Navajo and Hopi Indian 
Relocation as authorized by Public Law 93-531, $20,345,000, to remain 
available until expended: Provided, That funds provided in this or any 
other appropriations Act are to be used to relocate eligible 
individuals and groups including evictees from District 6, Hopi-
partitioned lands residents, those in significantly substandard 
housing, and all others certified as eligible and not included in the 
preceding categories: Provided further, That none of the funds 
contained in this or any other Act may be used by the Office of Navajo 
and Hopi Indian Relocation to evict any single Navajo or Navajo family 
who, as of November 30, 1985, was physically domiciled on the lands 
partitioned to the Hopi Tribe unless a new or replacement home is 
provided for such household: Provided further, That no relocatee will 
be provided with more than one new or replacement home: Provided 
further, That the Office shall relocate any certified eligible 
relocatees who have selected and received an approved homesite on the 
Navajo reservation or selected a replacement residence off the Navajo 
reservation or on the land acquired pursuant to 25 U.S.C. 640d-10.

    Institute of American Indian and Alaska Native Culture and Arts 
                              Development

                        payment to the institute

    For payment to the Institute of American Indian and Alaska Native 
Culture and Arts Development, as authorized by title XV of Public Law 
99-498, as amended (20 U.S.C. 56, part A), $5,500,000.

                        Smithsonian Institution

                         salaries and expenses

    For necessary expenses of the Smithsonian Institution, as 
authorized by law, including research in the fields of art, science, 
and history; development, preservation, and documentation of the 
National Collections; presentation of public exhibits and performances; 
collection, preparation, dissemination, and exchange of information and 
publications; conduct of education, training, and museum assistance 
programs; maintenance, alteration, operation, lease (for terms not to 
exceed thirty years), and protection of buildings, facilities, and 
approaches; not to exceed $100,000 for services as authorized by 5 
U.S.C. 3109; up to 5 replacement passenger vehicles; purchase, rental, 
repair, and cleaning of uniforms for employees; $317,188,000, of which 
not to exceed $31,664,000 for the instrumentation program, collections 
acquisition, Museum Support Center equipment and move, exhibition 
reinstallation, the National Museum of the American Indian, the 
repatriation of skeletal remains program, research equipment, 
information management, and Latino programming shall remain available 
until expended, and including such funds as may be necessary to support 
American overseas research centers and a total of $125,000 for the 
Council of American Overseas Research Centers: Provided, That funds 
appropriated herein are available for advance payments to independent 
contractors performing research services or participating in official 
Smithsonian presentations.

        construction and improvements, national zoological park

    For necessary expenses of planning, construction, remodeling, and 
equipping of buildings and facilities at the National Zoological Park, 
by contract or otherwise, $3,250,000, to remain available until 
expended.

                  repair and restoration of buildings

    For necessary expenses of repair and restoration of buildings owned 
or occupied by the Smithsonian Institution, by contract or otherwise, 
as authorized by section 2 of the Act of August 22, 1949 (63 Stat. 
623), including not to exceed $10,000 for services as authorized by 5 
U.S.C. 3109, $39,954,000, to remain available until expended: Provided, 
That contracts awarded for environmental systems, protection systems, 
and exterior repair or restoration of buildings of the Smithsonian 
Institution may be negotiated with selected contractors and awarded on 
the basis of contractor qualifications as well as price.

                              construction

    For necessary expenses for construction, $7,000,000, to remain 
available until expended.

                        National Gallery of Art

                         salaries and expenses

    For the upkeep and operations of the National Gallery of Art, the 
protection and care of the works of art therein, and administrative 
expenses incident thereto, as authorized by the Act of March 24, 1937 
(50 Stat. 51), as amended by the public resolution of April 13, 1939 
(Public Resolution 9, Seventy-sixth Congress), including services as 
authorized by 5 U.S.C. 3109; payment in advance when authorized by the 
treasurer of the Gallery for membership in library, museum, and art 
associations or societies whose publications or services are available 
to members only, or to members at a price lower than to the general 
public; purchase, repair, and cleaning of uniforms for guards, and 
uniforms, or allowances therefor, for other employees as authorized by 
law (5 U.S.C. 5901-5902); purchase or rental of devices and services 
for protecting buildings and contents thereof, and maintenance, 
alteration, improvement, and repair of buildings, approaches, and 
grounds; and purchase of services for restoration and repair of works 
of art for the National Gallery of Art by contracts made, without 
advertising, with individuals, firms, or organizations at such rates or 
prices and under such terms and conditions as the Gallery may deem 
proper, $53,899,000, of which not to exceed $3,026,000 for the special 
exhibition program shall remain available until expended.

            repair, restoration and renovation of buildings

    For necessary expenses of repair, restoration and renovation of 
buildings, grounds and facilities owned or occupied by the National 
Gallery of Art, by contract or otherwise, as authorized, $5,942,000, to 
remain available until expended: Provided, That contracts awarded for 
environmental systems, protection systems, and exterior repair or 
renovation of buildings of the National Gallery of Art may be 
negotiated with selected contractors and awarded on the basis of 
contractor qualifications as well as price.

             John F. Kennedy Center for the Performing Arts

                       operations and maintenance

    For necessary expenses for the operation, maintenance and security 
of the John F. Kennedy Center for the Performing Arts, $10,875,000.

                              construction

    For necessary expenses of capital repair and rehabilitation of the 
existing features of the building and site of the John F. Kennedy 
Center for the Performing Arts, $9,000,000, to remain available until 
expended.

            Woodrow Wilson International Center for Scholars

                         salaries and expenses

    For expenses necessary in carrying out the provisions of the 
Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) including hire of 
passenger vehicles and services as authorized by 5 U.S.C. 3109, 
$5,840,000.

           National Foundation on the Arts and the Humanities

                    National Endowment for the Arts

                       grants and administration

    For necessary expenses to carry out the National Foundation on the 
Arts and the Humanities Act of 1965, as amended, $82,734,000, shall be 
available to the National Endowment for the Arts for the support of 
projects and productions in the arts through assistance to 
organizations and individuals pursuant to section 5(c) of the Act, and 
for administering the functions of the Act, to remain available until 
expended.

                            matching grants

    To carry out the provisions of section 10(a)(2) of the National 
Foundation on the Arts and the Humanities Act of 1965, as amended, 
$16,760,000, to remain available until expended, to the National 
Endowment for the Arts: Provided, That this appropriation shall be 
available for obligation only in such amounts as may be equal to the 
total amounts of gifts, bequests, and devises of money, and other 
property accepted by the Chairman or by grantees of the Endowment under 
the provisions of section 10(a)(2), subsections 11(a)(2)(A) and 
11(a)(3)(A) during the current and preceding fiscal years for which 
equal amounts have not previously been appropriated.

                 National Endowment for the Humanities

                       grants and administration

    For necessary expenses to carry out the National Foundation on the 
Arts and the Humanities Act of 1965, as amended, $92,994,000 shall be 
available to the National Endowment for the Humanities for support of 
activities in the humanities, pursuant to section 7(c) of the Act, and 
for administering the functions of the Act, to remain available until 
expended.

                            matching grants

    To carry out the provisions of section 10(a)(2) of the National 
Foundation on the Arts and the Humanities Act of 1965, as amended, 
$11,500,000, to remain available until expended, of which $7,500,000 
shall be available to the National Endowment for the Humanities for the 
purposes of section 7(h): Provided, That this appropriation shall be 
available for obligation only in such amounts as may be equal to the 
total amounts of gifts, bequests, and devises of money, and other 
property accepted by the Chairman or by grantees of the Endowment under 
the provisions of subsections 11(a)(2)(B) and 11(a)(3)(B) during the 
current and preceding fiscal years for which equal amounts have not 
previously been appropriated.

                      Institute of Museum Services

                       grants and administration

    For carrying out title II of the Arts, Humanities, and Cultural 
Affairs Act of 1976, as amended, $21,000,000, to remain available until 
expended.

                       administrative provisions

    None of the funds appropriated to the National Foundation on the 
Arts and the Humanities may be used to process any grant or contract 
documents which do not include the text of 18 U.S.C. 1913: Provided, 
That none of the funds appropriated to the National Foundation on the 
Arts and the Humanities may be used for official reception and 
representation expenses.

                        Commission of Fine Arts

                         salaries and expenses

    For expenses made necessary by the Act establishing a Commission of 
Fine Arts (40 U.S.C. 104), $867,000.

               national capital arts and cultural affairs

    For necessary expenses as authorized by Public Law 99-190 (20 
U.S.C. 956(a)), as amended, $6,000,000.

               Advisory Council on Historic Preservation

                         salaries and expenses

    For necessary expenses of the Advisory Council on Historic 
Preservation (Public Law 89-665, as amended), $2,500,000: Provided, 
That none of these funds shall be available for the compensation of 
Executive Level V or higher position.

                  National Capital Planning Commission

                         salaries and expenses

    For necessary expenses, as authorized by the National Capital 
Planning Act of 1952 (40 U.S.C 71-71i), including services as 
authorized by 5 U.S.C. 3109, $5,390,000: Provided, That all appointed 
members will be compensated at a rate not to exceed the rate for 
Executive Schedule Level IV.

             Franklin Delano Roosevelt Memorial Commission

                         salaries and expenses

    For necessary expenses of the Franklin Delano Roosevelt Memorial 
Commission, established by the Act of August 11, 1955 (69 Stat. 694), 
as amended by Public Law 92-332 (86 Stat. 401), $125,000.

                United States Holocaust Memorial Council

                       holocaust memorial council

    For expenses of the Holocaust Memorial Council, as authorized by 
Public Law 96-388 (36 U.S.C. 1401), as amended, $29,707,000, of which 
$1,575,000 for the Museum's repair and rehabilitation program and 
$1,264,000 for the Museum's exhibitions program shall remain available 
until expended.

                     TITLE III--GENERAL PROVISIONS

    Sec. 301. The expenditure of any appropriation under this Act for 
any consulting service through procurement contract, pursuant to 5 
U.S.C. 3109, shall be limited to those contracts where such 
expenditures are a matter of public record and available for public 
inspection, except where otherwise provided under existing law, or 
under existing Executive Order issued pursuant to existing law.
    Sec. 302. No part of any appropriation under this Act shall be 
available to the Secretary of the Interior or the Secretary of 
Agriculture for the leasing of oil and natural gas by noncompetitive 
bidding on publicly owned lands within the boundaries of the Shawnee 
National Forest, Illinois: Provided, That nothing herein is intended to 
inhibit or otherwise affect the sale, lease, or right to access to 
minerals owned by private individuals.
    Sec. 303. No part of any appropriation contained in this Act shall 
be available for any activity or the publication or distribution of 
literature that in any way tends to promote public support or 
opposition to any legislative proposal on which congressional action is 
not complete.
    Sec. 304. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 305. None of the funds provided in this Act to any department 
or agency shall be obligated or expended to provide a personal cook, 
chauffeur, or other personal servants to any officer or employee of 
such department or agency except as otherwise provided by law.
    Sec. 306. No assessments may be levied against any program, budget 
activity, subactivity, or project funded by this Act unless advance 
notice of such assessments and the basis therefor are presented to the 
Committees on Appropriations and are approved by such Committees.
    Sec. 307. (a) Compliance With Buy American Act.--None of the funds 
made available in this Act may be expended by an entity unless the 
entity agrees that in expending the funds the entity will comply with 
sections 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a-10c; 
popularly known as the ``Buy American Act'').
    (b) Sense of Congress; Requirement Regarding Notice.--
            (1) Purchase of american-made equipment and products.--In 
        the case of any equipment or product that may be authorized to 
        be purchased with financial assistance provided using funds 
        made available in this Act, it is the sense of the Congress 
        that entities receiving the assistance should, in expending the 
        assistance, purchase only American-made equipment and products.
            (2) Notice to recipients of assistance.--In providing 
        financial assistance using funds made available in this Act, 
        the head of each Federal agency shall provide to each recipient 
        of the assistance a notice describing the statement made in 
        paragraph (1) by the Congress.
     (c) Prohibition of Contracts With Persons Falsely Labeling 
Products as Made in America.--If it has been finally determined by a 
court or Federal agency that any person intentionally affixed a label 
bearing a ``Made in America'' inscription, or any inscription with the 
same meaning, to any product sold in or shipped to the United States 
that is not made in the United States, the person shall be ineligible 
to receive any contract or subcontract made with funds made available 
in this Act, pursuant to the debarment, suspension, and ineligibility 
procedures described in sections 9.400 through 9.409 of title 48, Code 
of Federal Regulations.
    Sec. 308. None of the funds in this Act may be used to plan, 
prepare, or offer for sale timber from trees classified as giant 
sequoia (Sequoiadendron giganteum) which are located on National Forest 
System or Bureau of Land Management lands in a manner different than 
such sales were conducted in fiscal year 1995.
    Sec. 309. None of the funds made available by this Act may be 
obligated or expended by the National Park Service to enter into or 
implement a concession contract which permits or requires the removal 
of the underground lunchroom at the Carlsbad Caverns National Park.
    Sec. 310. Where the actual costs of construction projects under 
self-determination contracts, compacts, or grants, pursuant to Public 
Laws 93-638, 103-413, or 100-297, are less than the estimated costs 
thereof, use of the resulting excess funds shall be determined by the 
appropriate Secretary after consultation with the tribes.
    Sec. 311. Notwithstanding Public Law 103-413, quarterly payments of 
funds to tribes and tribal organizations under annual funding 
agreements pursuant to section 108 of Public Law 93-638, as amended, 
may be made on the first business day following the first day of a 
fiscal quarter.
    Sec. 312. None of the funds appropriated or otherwise made 
available by this Act may be used for the AmeriCorps program, unless 
the relevant agencies of the Department of the Interior and/or 
Agriculture follow appropriate reprogramming guidelines: Provided, That 
if no funds are provided for the AmeriCorps program by the VA-HUD and 
Independent Agencies fiscal year 1997 appropriations bill, then none of 
the funds appropriated or otherwise made available by this Act may be 
used for the AmeriCorps programs.
    Sec. 313. None of the funds made available in this Act may be used 
(1) to demolish the bridge between Jersey City, New Jersey, and Ellis 
Island; or (2) to prevent pedestrian use of such bridge, when it is 
made known to the Federal official having authority to obligate or 
expend such funds that such pedestrian use is consistent with generally 
accepted safety standards.
    Sec. 314. (a) None of the funds appropriated or otherwise made 
available pursuant to this Act shall be obligated or expended to accept 
or process applications for a patent for any mining or mill site claim 
located under the general mining laws.
    (b) The provisions of subsection (a) shall not apply if the 
Secretary of the Interior determines that, for the claim concerned: (1) 
a patent application was filed with the Secretary on or before 
September 30, 1994, and (2) all requirements established under sections 
2325 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30) for vein or 
lode claims and sections 2329, 2330, 2331, and 2333 of the Revised 
Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and section 2337 
of the Revised Statutes (30 U.S.C. 42) for mill site claims, as the 
case may be, were fully complied with by the applicant by that date.
    (c) Processing Schedule.--For those applications for patents 
pursuant to subsection (b) which were filed with the Secretary of the 
Interior, prior to September 30, 1994, the Secretary of the Interior 
shall--
            (1) Within three months of the enactment of this Act, file 
        with the House and Senate Committees on Appropriations and the 
        Committee on Resources of the House of Representatives and the 
        Committee on Energy and Natural Resources of the United States 
        Senate a plan which details how the Department of the Interior 
        will make a final determination as to whether or not an 
        applicant is entitled to a patent under the general mining laws 
        on at least 90 percent of such applications within five years 
        of the enactment of this Act and file reports annually 
        thereafter with the same committees detailing actions taken by 
        the Department of the Interior to carry out such plan; and
            (2) Take such actions as may be necessary to carry out such 
        plan.
    (d) Mineral Examinations.--In order to process patent applications 
in a timely and responsible manner, upon the request of a patent 
applicant, the Secretary of the Interior shall allow the applicant to 
fund a qualified third-party contractor to be selected by the Bureau of 
Land Management to conduct a mineral examination of the mining claims 
or mill sites contained in a patent application as set forth in 
subsection (b). The Bureau of Land Management shall have the sole 
responsibility to choose and pay the third-party contractor in 
accordance with the standard procedures employed by the Bureau of Land 
Management in the retention of third-party contractors.
    Sec. 315. None of the funds appropriated or otherwise made 
available by this Act may be used for the purposes of acquiring lands 
in the counties of Lawrence, Monroe, or Washington, Ohio, for the Wayne 
National Forest.
    Sec. 316. Of the funds provided to the National Endowment for the 
Arts:
            (a) The Chairperson shall only award a grant to an 
        individual if such grant is awarded to such individual for a 
        literature fellowship, National Heritage Fellowship, or 
        American Jazz Masters Fellowship.
            (b) The Chairperson shall establish procedures to ensure 
        that no funding provided through a grant, except a grant made 
        to a State, regional or local group, may be used to make a 
        grant to any other organization or individual to conduct 
        activity independent of the direct grant recipient. Nothing in 
        this subsection shall prohibit payments made in exchange for 
        goods and services.
            (c) No grant shall be used for seasonal support to a group, 
        unless the application is specific to the contents of the 
        season, including identified programs and/or projects.
    Sec. 317. The United States Forest Service approval of Alternative 
site 2 (ALT 2), issued on December 6, 1993, is hereby authorized and 
approved and shall be deemed to be consistent with, and permissible 
under, the terms of Public Law 100-696 (the Arizona-Idaho Conservation 
Act of 1988).
    Sec. 318. None of the funds made available to the Department of the 
Interior or the Department of Agriculture by this or any other Act may 
be used to issue or implement final regulations, rules, or policies 
pursuant to title VIII of the Alaska National Interest Lands 
Conservation Act to assert jurisdiction, management, or control over 
navigable waters transferred to the State of Alaska pursuant to the 
Submerged Lands Act of 1953 or the Alaska Statehood Act of 1959.
    Sec. 319. No funds appropriated under this or any other Act shall 
be used to review or modify sourcing areas previously approved under 
section 490(c)(3) of the Forest Resources Conservation and Shortage 
Relief Act of 1990 (Public Law 101-382) or to enforce or implement 
Federal regulations 36 CFR part 223 promulgated on September 8, 1995. 
The regulations and interim rules in effect prior to September 8, 1995 
(36 CFR 223.48, 36 CFR 223.87, 36 CFR 223 subpart D, 36 CFR 223 subpart 
F, and 36 CFR 261.6) shall remain in effect. The Secretary of 
Agriculture or the Secretary of the Interior shall not adopt any 
policies concerning Public Law 101-382 or existing regulations that 
would restrain domestic transportation or processing of timber from 
private lands or impose additional accountability requirements on any 
timber. The Secretary of Commerce shall extend until September 30, 
1997, the order issued under section 491(b)(2)(A) of Public Law 101-382 
and shall issue an order under section 491(b)(2)(B) of such law that 
will be effective October 1, 1997.
    Sec. 320. Section 101(c) of Public Law 104-134 is amended as 
follows: Under the heading ``Title III--General Provisions'' amend 
section 315(f) by striking ``September 30, 1998'' and inserting in lieu 
thereof ``September 30, 1999'' and by striking ``September 30, 2001'' 
and inserting in lieu thereof ``September 30, 2002''.
    This Act may be cited as the ``Department of the Interior and 
Related Agencies Appropriations Act, 1997''.

                                                 Union Calendar No. 313

104th CONGRESS

  2d Session

                               H. R. 3662

                          [Report No. 104-625]

_______________________________________________________________________

                                 A BILL

 Making appropriations for the Department of the Interior and related 
 agencies for the fiscal year ending September 30, 1997, and for other 
                               purposes.

_______________________________________________________________________

                             June 18, 1996

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed
```