IIA

104TH CONGRESS

2D SESSION H. R. 3662

IN THE SENATE OF THE UNITED STATES

JUNE 21, 1996

Received; read twice and referred to the Committee on Appropriations

AN ACT

Making appropriations for the Department of the Interior

and related agencies for the fiscal year ending September

30, 1997, and for other purposes.

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

3 That the following sums are appropriated, out of any
2

HR 3662 RFS

1 money in the Treasury not otherwise appropriated, for the

2 Department of the Interior and related agencies for the

3 fiscal year ending September 30, 1997, and for other pur4 poses, namely:

5 TITLE I—DEPARTMENT OF THE INTERIOR

6 BUREAU OF LAND MANAGEMENT

7 MANAGEMENT OF LANDS AND RESOURCES

8 For expenses necessary for protection, use, improve9 ment, development, disposal, cadastral surveying, classi10 fication, acquisition of easements and other interests in

11 lands, and performance of other functions, including main12 tenance of facilities, as authorized by law, in the manage13 ment of lands and their resources under the jurisdiction

14 of the Bureau of Land Management, including the general

15 administration of the Bureau, and assessment of mineral

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

17 (16 U.S.C. 3150(a)), $566,514,000, to remain available

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

19 assessment of the mineral potential of public lands in

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

21 (16 U.S.C. 3150); and of which $3,000,000 shall be de22 rived from the special receipt account established by the

23 Land and Water Conservation Act of 1965, as amended

24 (16 U.S.C. 460l–6a(i)); and of which $1,000,000 shall be

25 available in fiscal year 1997 subject to a match by at least
3

HR 3662 RFS

1 an equal amount by the National Fish and Wildlife Foun2 dation, to such Foundation for challenge cost share

3 projects supporting fish and wildlife conservation affecting

4 Bureau lands; in addition, $27,300,000 for Mining Law

5 Administration program operations, to remain available

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

7 Bureau and credited to this appropriation from annual

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

9 estimated at not more than $566,514,000; and in addi10 tion, not to exceed $5,000,000, to remain available until

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

12 credited to this account for the costs of administering the

13 mining claim fee program, and $2,000,000 from commu14 nication site rental fees established by the Bureau for the

15 cost of administering communication site activities: Pro16 vided, That appropriations herein made shall not be avail17 able for the destruction of healthy, unadopted, wild horses

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

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

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

21 year 1996 collections established by the Secretary of the

22 Interior under the authority of 43 U.S.C. 1734 for proc23 essing, recording, or documenting authorizations to use

24 public lands or public land natural resources (including

25 cultural, historical, and mineral) and for providing specific
4

HR 3662 RFS

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

2 being covered into any Bureau of Land Management ap3 propriation accounts, and not otherwise dedicated by law

4 for a specific distribution, shall be made immediately

5 available for program operations in this account and re6 main available until expended.

7 WILDLAND FIRE MANAGEMENT

8 For necessary expenses for fire use and management,

9 fire preparedness, suppression operations, and emergency

10 rehabilitation by the Department of the Interior,

11 $247,924,000, to remain available until expended, of

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

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

14 are also available for repayment of advances to other ap15 propriation accounts from which funds were previously

16 transferred for such purposes: Provided further, That per17 sons hired pursuant to 43 U.S.C. 1469 may be furnished

18 subsistence and lodging without costs from funds available

19 from this appropriation: Provided further, That unobli20 gated balances of amounts previously appropriated to the

21 ‘‘Fire Protection’’ and ‘‘Emergency Department of the In22 terior Firefighting Fund’’ may be transferred to this ap23 propriation.
5

HR 3662 RFS

1 CENTRAL HAZARDOUS MATERIALS FUND

2 For necessary expenses of the Department of the In3 terior and any of its component offices and bureaus for

4 the remedial action, including associated activities, of haz5 ardous waste substances, pollutants, or contaminants pur6 suant to the Comprehensive Environmental Response,

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

8 9601 et seq.), $12,000,000, to remain available until ex9 pended: Provided, That notwithstanding 31 U.S.C. 3302,

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

11 as reimbursement for remedial action or response activi12 ties conducted by the Department pursuant to sections

13 107 or 113(f) of such Act, shall be credited to this account

14 to be available until expended without further appropria15 tion: Provided further, That such sums recovered from or

16 paid by any party are not limited to monetary payments

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

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

19 disposed of by the Secretary and which shall be credited

20 to this account.

21 CONSTRUCTION

22 For construction of buildings, recreation facilities,

23 roads, trails, and appurtenant facilities, $3,103,000, to re24 main available until expended.
6

HR 3662 RFS

1 PAYMENTS IN LIEU OF TAXES

2 For expenses necessary to implement the Act of Octo3 ber 20, 1976, as amended (31 U.S.C. 6901–07),

4 $113,500,000, of which not to exceed $400,000 shall be

5 available for administrative expenses.

6 LAND ACQUISITION

7 For expenses necessary to carry out sections 205,

8 206, and 318(d) of Public Law 94–579 including adminis9 trative expenses and acquisition of lands or waters, or in10 terests therein, $10,000,000, to be derived from the Land

11 and Water Conservation Fund, to remain available until

12 expended.

13 OREGON AND CALIFORNIA GRANT LANDS

14 For expenses necessary for management, protection,

15 and development of resources and for construction, oper16 ation, and maintenance of access roads, reforestation, and

17 other improvements on the revested Oregon and California

18 Railroad grant lands, on other Federal lands in the Or19 egon and California land-grant counties of Oregon, and

20 on adjacent rights-of-way; and acquisition of lands or in21 terests therein including existing connecting roads on or

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

23 available until expended: Provided, That 25 per centum

24 of the aggregate of all receipts during the current fiscal

25 year from the revested Oregon and California Railroad
7

HR 3662 RFS

1 grant lands is hereby made a charge against the Oregon

2 and California land-grant fund and shall be transferred

3 to the General Fund in the Treasury in accordance with

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

5 Act of August 28, 1937 (50 Stat. 876).

6 RANGE IMPROVEMENTS

7 For rehabilitation, protection, and acquisition of

8 lands and interests therein, and improvement of Federal

9 rangelands pursuant to section 401 of the Federal Land

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

11 notwithstanding any other Act, sums equal to 50 per cen12 tum of all moneys received during the prior fiscal year

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

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

15 improvements from grazing fees and mineral leasing re16 ceipts from Bankhead-Jones lands transferred to the De17 partment of the Interior pursuant to law, but not less than

18 $9,113,000, to remain available until expended: Provided,

19 That not to exceed $600,000 shall be available for admin20 istrative expenses.

21 SERVICE CHARGES, DEPOSITS, AND FORFEITURES

22 For administrative expenses and other costs related

23 to processing application documents and other authoriza24 tions for use and disposal of public lands and resources,

25 for costs of providing copies of official public land docu-
8

HR 3662 RFS

1 ments, for monitoring construction, operation, and termi2 nation of facilities in conjunction with use authorizations,

3 and for rehabilitation of damaged property, such amounts

4 as may be collected under Public Law 94–579, as amend5 ed, and Public Law 93–153, to remain available until ex6 pended: Provided, That notwithstanding any provision to

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

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

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

10 forfeiture, compromise, or settlement, if not appropriate

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

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

13 under the authority of this Act by the Secretary to im14 prove, protect, or rehabilitate any public lands adminis15 tered through the Bureau of Land Management which

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

17 purchaser, permittee, or any unauthorized person, without

18 regard to whether all moneys collected from each such ac19 tion are used on the exact lands damaged which led to

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

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

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

23 repair other damaged public lands.
9

HR 3662 RFS

1 MISCELLANEOUS TRUST FUNDS

2 In addition to amounts authorized to be expended

3 under existing laws, there is hereby appropriated such

4 amounts as may be contributed under section 307 of the

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

6 amounts as may be advanced for administrative costs, sur7 veys, appraisals, and costs of making conveyances of omit8 ted lands under section 211(b) of that Act, to remain

9 available until expended.

10 ADMINISTRATIVE PROVISIONS

11 Appropriations for the Bureau of Land Management

12 shall be available for purchase, erection, and dismantle13 ment of temporary structures, and alteration and mainte14 nance of necessary buildings and appurtenant facilities to

15 which the United States has title; up to $100,000 for pay16 ments, at the discretion of the Secretary, for information

17 or evidence concerning violations of laws administered by

18 the Bureau; miscellaneous and emergency expenses of en19 forcement activities authorized or approved by the Sec20 retary and to be accounted for solely on his certificate,

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

22 U.S.C. 501, the Bureau may, under cooperative cost-shar23 ing and partnership arrangements authorized by law, pro24 cure printing services from cooperators in connection with

25 jointly-produced publications for which the cooperators
10

HR 3662 RFS

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

2 and the Bureau determines the cooperator is capable of

3 meeting accepted quality standards.

4 UNITED STATES FISH AND WILDLIFE SERVICE

5 RESOURCE MANAGEMENT

6 For expenses necessary for scientific and economic

7 studies, conservation, management, investigations, protec8 tion, and utilization of fishery and wildlife resources, ex9 cept whales, seals, and sea lions, and for the performance

10 of other authorized functions related to such resources; for

11 the general administration of the United States Fish and

12 Wildlife Service; for maintenance of the herd of long13 horned cattle on the Wichita Mountains Wildlife Refuge;

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

15 within the scope of the approved budget which shall be

16 carried out by the Youth Conservation Corps as author17 ized by the Act of August 13, 1970, as amended,

18 $520,519,000, to remain available until September 30,

19 1998, of which $11,557,000 shall remain available until

20 expended for operation and maintenance of fishery mitiga21 tion facilities constructed by the Corps of Engineers under

22 the Lower Snake River Compensation Plan, authorized by

23 the Water Resources Development Act of 1976, to com24 pensate for loss of fishery resources from water develop25 ment projects on the Lower Snake River, and of which
11

HR 3662 RFS

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

2 Wildlife Foundation for implementation of the Natural

3 Communities Conservation Plan, and shall be available

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

5 from the Foundation and shall remain available until ex6 pended: Provided, That pursuant to 31 U.S.C. 9701, the

7 Secretary shall charge reasonable fees for the full costs

8 of providing training by the National Education and

9 Training Center, to be credited to this account, notwith10 standing 31 U.S.C. 3302, of which not to exceed

11 $2,000,000 shall be available for the direct costs of provid12 ing such training: Provided further, That not to exceed

13 $1,000,000 of the funds provided herein may be used for

14 contaminant sample analysis.

15 CONSTRUCTION

16 For construction and acquisition of buildings and

17 other facilities required in the conservation, management,

18 investigation, protection, and utilization of fishery and

19 wildlife resources, and the acquisition of lands and inter20 ests therein; $38,298,000, to remain available until ex21 pended.

22 NATURAL RESOURCE DAMAGE ASSESSMENT FUND

23 To conduct natural resource damage assessment ac24 tivities by the Department of the Interior necessary to

25 carry out the provisions of the Comprehensive Environ-
12

HR 3662 RFS

1 mental Response, Compensation, and Liability Act, as

2 amended (42 U.S.C. 9601, et seq.), Federal Water Pollu3 tion Control Act, as amended (33 U.S.C. 1251, et seq.),

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

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

6 until expended.

7 LAND ACQUISITION

8 For expenses necessary to carry out the Land and

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

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

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

12 in accordance with statutory authority applicable to the

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

14 be derived from the Land and Water Conservation Fund,

15 to remain available until expended.

16 COOPERATIVE ENDANGERED SPECIES CONSERVATION

17 FUND

18 For expenses necessary to carry out the provisions

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

20 1543), as amended, $13,085,000 (increased by

21 $1,000,000), for grants to States, to be derived from the

22 Cooperative Endangered Species Conservation Fund, and

23 to remain available until expended.
13

HR 3662 RFS

1 NATIONAL WILDLIFE REFUGE FUND

2 For expenses necessary to implement the Act of Octo3 ber 17, 1978 (16 U.S.C. 715s), $10,779,000.

4 REWARDS AND OPERATIONS

5 For expenses necessary to carry out the provisions

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

7 4201–4203, 4211–4213, 4221–4225, 4241–4245, and

8 1538), $1,000,000, to remain available until expended.

9 NORTH AMERICAN WETLANDS CONSERVATION FUND

10 For expenses necessary to carry out the provisions

11 of the North American Wetlands Conservation Act, Public

12 Law 101–233, $7,750,000, to remain available until ex13 pended.

14 RHINOCEROS AND TIGER CONSERVATION FUND

15 For deposit to the Rhinoceros and Tiger Conserva16 tion Fund, $400,000, to remain available until expended,

17 to carry out the Rhinoceros and Tiger Conservation Act

18 of 1994 (Public Law 103–391).

19 WILDLIFE CONSERVATION AND APPRECIATION FUND

20 For deposit to the Wildlife Conservation and Appre21 ciation Fund, $800,000, to remain available until ex22 pended, for carrying out the Partnerships for Wildlife Act

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

24 section 7105 of said Act.
14

HR 3662 RFS

1 ADMINISTRATIVE PROVISIONS

2 Appropriations and funds available to the United

3 States Fish and Wildlife Service shall be available for pur4 chase of not to exceed 83 passenger motor vehicles of

5 which 73 are for replacement only (including 43 for police6 type use); not to exceed $400,000 for payment, at the dis7 cretion of the Secretary, for information, rewards, or evi8 dence concerning violations of laws administered by the

9 Service, and miscellaneous and emergency expenses of en10 forcement activities, authorized or approved by the Sec11 retary and to be accounted for solely on his certificate;

12 repair of damage to public roads within and adjacent to

13 reservation areas caused by operations of the Service; op14 tions for the purchase of land at not to exceed $1 for each

15 option; facilities incident to such public recreational uses

16 on conservation areas as are consistent with their primary

17 purpose; and the maintenance and improvement of aquar18 ia, buildings, and other facilities under the jurisdiction of

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

20 which are utilized pursuant to law in connection with man21 agement and investigation of fish and wildlife resources:

22 Provided, That notwithstanding 44 U.S.C. 501, the Serv23 ice may, under cooperative cost sharing and partnership

24 arrangements authorized by law, procure printing services

25 from cooperators in connection with jointly-produced pub-
15

HR 3662 RFS

1 lications for which the cooperators share at least one-half

2 the cost of printing either in cash or services and the Serv3 ice determines the cooperator is capable of meeting accept4 ed quality standards: Provided further, That the Service

5 may accept donated aircraft as replacements for existing

6 aircraft: Provided further, That notwithstanding any other

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

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

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

10 establishment of any new unit of the National Wildlife

11 Refuge System unless the purchase is approved in advance

12 by the House and Senate Committees on Appropriations

13 in compliance with the reprogramming procedures con14 tained in House Report 103–551.

15 NATIONAL PARK SERVICE

16 OPERATION OF THE NATIONAL PARK SYSTEM

17 For expenses necessary for the management, oper18 ation, and maintenance of areas and facilities adminis19 tered by the National Park Service (including special road

20 maintenance service to trucking permittees on a reimburs21 able basis), and for the general administration of the Na22 tional Park Service, including not to exceed $1,593,000

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

24 $1,000,000 for high priority projects within the scope of

25 the approved budget which shall be carried out by the
16

HR 3662 RFS

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

2 1706, $1,135,139,000, without regard to 16 U.S.C. 451,

3 of which $12,800,000 for research, planning and inter4 agency coordination in support of land acquisition for Ev5 erglades restoration shall remain available until expended,

6 and of which not to exceed $72,000,000, to remain avail7 able until expended, is to be derived from the special fee

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

9 Public Law 100–203.

10 NATIONAL RECREATION AND PRESERVATION

11 For expenses necessary to carry out recreation pro12 grams, natural programs, cultural programs, environ13 mental compliance and review, international park affairs,

14 statutory or contractual aid for other activities, and grant

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

16 HISTORIC PRESERVATION FUND

17 For expenses necessary in carrying out the Historic

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

19 $36,212,000, to be derived from the Historic Preservation

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

21 CONSTRUCTION

22 For construction, improvements, repair or replace23 ment of physical facilities including the modifications au24 thorized by section 104 of the Everglades National Park

25 Protection and Expansion Act of 1989, $119,745,000, to
17

HR 3662 RFS

1 remain available until expended: Provided, That funds pro2 vided under this head, derived from the Historic Preserva3 tion Fund, established by the Historic Preservation Act

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

5 until expended to render sites safe for visitors and for

6 building stabilization.

7 LAND AND WATER CONSERVATION FUND

8 (RESCISSION)

9 The contract authority provided for fiscal year 1997

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

11 LAND ACQUISITION AND STATE ASSISTANCE

12 For expenses necessary to carry out the Land and

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

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

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

16 in accordance with statutory authority applicable to the

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

18 the Land and Water Conservation Fund, to remain avail19 able until expended, of which $1,000,000 is to administer

20 the State assistance program: Provided, That any funds

21 made available for the purpose of acquisition of the Elwha

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

23 shall not be expended until the full purchase amount has

24 been appropriated by the Congress.
18

HR 3662 RFS

1 ADMINISTRATIVE PROVISIONS

2 Appropriations for the National Park Service shall be

3 available for the purchase of not to exceed 404 passenger

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

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

6 and 6 ambulances: Provided, That none of the funds ap7 propriated to the National Park Service may be used to

8 process any grant or contract documents which do not in9 clude the text of 18 U.S.C. 1913: Provided further, That

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

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

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

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

14 than $951,000 is to be used for the Office of Congres15 sional Affairs: Provided further, That none of the funds

16 appropriated to the National Park Service may be used

17 to implement an agreement for the redevelopment of the

18 southern end of Ellis Island until such agreement has been

19 submitted to the Congress and shall not be implemented

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

21 any day in which either House of Congress is not in ses22 sion because of adjournment of more than three calendar

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

24 of the House of Representatives and the President of the

25 Senate of a full and comprehensive report on the develop-
19

HR 3662 RFS

1 ment of the southern end of Ellis Island, including the

2 facts and circumstances relied upon in support of the pro3 posed project.

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

5 National Park Service for activities taken in direct re6 sponse to the United Nations Biodiversity Convention.

7 The National Park Service may in fiscal year 1997

8 and thereafter enter into cooperative agreements that in9 volve the transfer of National Park Service appropriated

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

11 entities, educational institutions, and private nonprofit or12 ganizations for the public purpose of carrying out National

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

14 carry out public purposes of National Park Service pro15 grams.

16 UNITED STATES GEOLOGICAL SURVEY

17 SURVEYS, INVESTIGATIONS, AND RESEARCH

18 For expenses necessary for the United States Geo19 logical Survey to perform surveys, investigations, and re20 search covering topography, geology, hydrology, and the

21 mineral and water resources of the United States, its Ter22 ritories and possessions, and other areas as authorized by

23 43 U.S.C. 31, 1332 and 1340; classify lands as to their

24 mineral and water resources; give engineering supervision

25 to power permittees and Federal Energy Regulatory Com-
20

HR 3662 RFS

1 mission licensees; administer the minerals exploration pro2 gram (30 U.S.C. 641); and publish and disseminate data

3 relative to the foregoing activities; and to conduct inquiries

4 into the economic conditions affecting mining and mate5 rials processing industries (30 U.S.C. 3, 21a, and 1603;

6 50 U.S.C. 98g(1)) and related purposes as authorized by

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

8 of which $62,130,000 shall be available only for coopera9 tion with States or municipalities for water resources in10 vestigations; and of which $137,000,000 shall be available

11 until September 30, 1998 for the biological research activ12 ity and the operation of the Cooperative Research Units;

13 and of which $16,000,000 shall remain available until ex14 pended for conducting inquiries into the economic condi15 tions affecting mining and materials processing industries:

16 Provided, That none of these funds provided for the bio17 logical research activity shall be used to conduct new sur18 veys on private property, unless specifically authorized in

19 writing by the property owner: Provided further, That be20 ginning in fiscal year 1998 and once every five years there21 after, the National Academy of Sciences shall review and

22 report on the biological research activity of the Survey:

23 Provided further, That no part of this appropriation shall

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

25 mapping or water resources data collection and investiga-
21

HR 3662 RFS

1 tions carried on in cooperation with States and municipali2 ties.

3 ADMINISTRATIVE PROVISIONS

4 The amount appropriated for the United States Geo5 logical Survey shall be available for the purchase of not

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

7 for replacement only; reimbursement to the General Serv8 ices Administration for security guard services; contract9 ing for the furnishing of topographic maps and for the

10 making of geophysical or other specialized surveys when

11 it is administratively determined that such procedures are

12 in the public interest; construction and maintenance of

13 necessary buildings and appurtenant facilities; acquisition

14 of lands for gauging stations and observation wells; ex15 penses of the United States National Committee on Geol16 ogy; and payment of compensation and expenses of per17 sons on the rolls of the Survey duly appointed to represent

18 the United States in the negotiation and administration

19 of interstate compacts: Provided, That activities funded by

20 appropriations herein made may be accomplished through

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

22 defined in 31 U.S.C. 6302, et seq.
22

HR 3662 RFS

1 MINERALS MANAGEMENT SERVICE

2 ROYALTY AND OFFSHORE MINERALS MANAGEMENT

3 For expenses necessary for minerals leasing and envi4 ronmental studies, regulation of industry operations, and

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

6 laws and regulations applicable to oil, gas, and other min7 erals leases, permits, licenses and operating contracts; and

8 for matching grants or cooperative agreements; including

9 the purchase of not to exceed eight passenger motor vehi10 cles for replacement only; $182,555,000, of which not less

11 than $74,063,000 shall be available for royalty manage12 ment activities; and an amount not to exceed $15,400,000

13 for the Technical Information Management System and

14 Related Activities of the Outer Continental Shelf (OCS)

15 Lands Activity, to be credited to this appropriation and

16 to remain available until expended, from additions to re17 ceipts resulting from increases to rates in effect on August

18 5, 1993, from rate increases to fee collections for OCS

19 administrative activities performed by the Minerals Man20 agement Service over and above the rates in effect on Sep21 tember 30, 1993, and from additional fees for OCS admin22 istrative activities established after September 30, 1993:

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

24 remain available until September 30, 1998: Provided fur25 ther, That funds appropriated under this Act shall be
23

HR 3662 RFS

1 available for the payment of interest in accordance with

2 30 U.S.C. 1721 (b) and (d): Provided further, That not

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

4 related to promoting volunteer beach and marine cleanup

5 activities: Provided further, That notwithstanding any

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

7 available for refunds of overpayments in connection with

8 certain Indian leases in which the Director of the Minerals

9 Management Service concurred with the claimed refund

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

11 or to correct prior unrecoverable erroneous payments.

12 OIL SPILL RESEARCH

13 For necessary expenses to carry out title I, section

14 1016, title IV, sections 4202 and 4303, title VII, and title

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

16 $6,440,000, which shall be derived from the Oil Spill Li17 ability Trust Fund, to remain available until expended.

18 OFFICE OF SURFACE MINING RECLAMATION AND

19 ENFORCEMENT

20 REGULATION AND TECHNOLOGY

21 For necessary expenses to carry out the provisions

22 of the Surface Mining Control and Reclamation Act of

23 1977, Public Law 95–87, as amended, including the pur24 chase of not to exceed 10 passenger motor vehicles, for

25 replacement only; $94,272,000, and notwithstanding 31
24

HR 3662 RFS

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

2 this account, to remain available until expended, from per3 formance bond forfeitures in fiscal year 1997: Provided,

4 That the Secretary of the Interior, pursuant to regula5 tions, may utilize directly or through grants to States,

6 moneys collected in fiscal year 1997 for civil penalties as7 sessed under section 518 of the Surface Mining Control

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

9 lands adversely affected by coal mining practices after Au10 gust 3, 1977, to remain available until expended: Provided

11 further, That appropriations for the Office of Surface Min12 ing Reclamation and Enforcement may provide for the

13 travel and per diem expenses of State and tribal personnel

14 attending Office of Surface Mining Reclamation and En15 forcement sponsored training.

16 ABANDONED MINE RECLAMATION FUND

17 For necessary expenses to carry out title IV of the

18 Surface Mining Control and Reclamation Act of 1977,

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

20 of not more than 10 passenger motor vehicles for replace21 ment only, $175,887,000, to be derived from receipts of

22 the Abandoned Mine Reclamation Fund and to remain

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

24 supplemental grants to States for the reclamation of aban25 doned sites with acid mine rock drainage from coal mines
25

HR 3662 RFS

1 through the Appalachian Clean Streams Initiative: Pro2 vided, That grants to minimum program States will be

3 $1,500,000 per State in fiscal year 1997: Provided further,

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

5 be used for the emergency program authorized by section

6 410 of Public Law 95–87, as amended, of which no more

7 than 25 per centum shall be used for emergency reclama8 tion projects in any one State and funds for federally-ad9 ministered emergency reclamation projects under this pro10 viso shall not exceed $11,000,000: Provided further, That

11 prior year unobligated funds appropriated for the emer12 gency reclamation program shall not be subject to the 25

13 per centum limitation per State and may be used without

14 fiscal year limitation for emergency projects: Provided fur15 ther, That pursuant to Public Law 97–365, the Depart16 ment of the Interior is authorized to use up to 20 per

17 centum from the recovery of the delinquent debt owed to

18 the United States Government to pay for contracts to col19 lect these debts: Provided further, That funds made avail20 able to States under title IV of Public Law 95–87 may

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

22 share of the cost of projects funded by the Federal Gov23 ernment for the purpose of environmental restoration re24 lated to treatment or abatement of acid mine drainage

25 from abandoned mines: Provided further, That such
26

HR 3662 RFS

1 projects must be consistent with the purposes and prior2 ities of the Surface Mining Control and Reclamation Act.

3 BUREAU OF INDIAN AFFAIRS

4 OPERATION OF INDIAN PROGRAMS

5 For operation of Indian programs by direct expendi6 ture, contracts, cooperative agreements, compacts, and

7 grants including expenses necessary to provide education

8 and welfare services for Indians, either directly or in co9 operation with States and other organizations, including

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

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

12 grants and other assistance to needy Indians; maintenance

13 of law and order; management, development, improve14 ment, and protection of resources and appurtenant facili15 ties under the jurisdiction of the Bureau, including pay16 ment of irrigation assessments and charges; acquisition of

17 water rights; advances for Indian industrial and business

18 enterprises; operation of Indian arts and crafts shops and

19 museums; development of Indian arts and crafts, as au20 thorized by law; for the general administration of the Bu21 reau, including such expenses in field offices; maintaining

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

23 and construction, repair, and improvement of Indian hous24 ing, $1,381,623,000, of which not to exceed $90,829,000

25 shall be for payments to tribes and tribal organizations
27

HR 3662 RFS

1 for contract support costs associated with ongoing con2 tracts or grants or compacts entered into with the Bureau

3 prior to fiscal year 1997, as authorized by the Indian Self4 Determination Act of 1975, as amended, and up to

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

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

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

8 cooperative agreements with the Bureau under such Act;

9 and of which not to exceed $339,709,000 for school oper10 ations costs of Bureau-funded schools and other education

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

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

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

14 scholarships, adult vocational training, and assistance to

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

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

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

18 for housing improvement, road maintenance, attorney

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

20 Self-Determination Fund, and the Navajo-Hopi Settle21 ment Program: Provided, That tribes and tribal contrac22 tors may use their tribal priority allocations for unmet in23 direct costs of ongoing contracts, grants or compact agree24 ments: Provided further, That funds made available to

25 tribes and tribal organizations through contracts or grants
28

HR 3662 RFS

1 obligated during fiscal year 1997, as authorized by the In2 dian Self-Determination Act of 1975, or grants authorized

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

4 2001 and 2008A) shall remain available until expended

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

6 provide funding uniformity within a Self-Governance Com7 pact, any funds provided in this Act with availability for

8 more than one year may be reprogrammed to one year

9 availability but shall remain available within the Compact

10 until expended: Provided further, That notwithstanding

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

12 by appropriate changes in eligibility criteria or by other

13 means, change eligibility for general assistance or change

14 the amount of general assistance payments for individuals

15 within the service area of such tribe who are otherwise

16 deemed eligible for general assistance payments so long

17 as such changes are applied in a consistent manner to in18 dividuals similarly situated: Provided further, That any

19 savings realized by such changes shall be available for use

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

21 That any net increase in costs to the Federal Government

22 which result solely from tribally increased payment levels

23 for general assistance shall be met exclusively from funds

24 available to the tribe from within its tribal priority alloca25 tion: Provided further, That any forestry funds allocated
29

HR 3662 RFS

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

2 1997, may be transferred during fiscal year 1998 to an

3 Indian forest land assistance account established for the

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

5 Provided further, That any such unobligated balances not

6 so transferred shall expire on September 30, 1998: Pro7 vided further, That notwithstanding any other provision of

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

9 amounts provided herein for assistance to public schools

10 under 25 U.S.C. 452 et seq., shall be available to support

11 the operation of any elementary or secondary school in the

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

13 funds made available in this or any other Act for expendi14 ture through September 30, 1998 for schools funded by

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

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

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

18 used to support expanded grades for any school beyond

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

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

21 That in fiscal year 1997 and thereafter, notwithstanding

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

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

24 school supervisor for an education position in a Bureau

25 of Indian Affairs operated school, or (ii) an Agency school
30

HR 3662 RFS

1 board and education line officer for an Agency education

2 position, the Secretary shall establish adjustments to the

3 rates of basic compensation or annual salary rates estab4 lished under 25 U.S.C. 2012(h)(1) (A) and (B) for edu5 cation positions at the school or the Agency, at a level

6 not less than that for comparable positions in the nearest

7 public school district, and the adjustment shall be deemed

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

9 collective bargaining: Provided further, That any reduction

10 to rates of basic compensation or annual salary rates

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

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

13 June 30, 1997, and shall not affect the right of an individ14 ual employed on June 30, 1997, in an education position,

15 to receive the compensation attached to such position

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

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

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

19 2012(h)(1)(B), when the rates of basic compensation for

20 teachers and counselors at Bureau-operated schools are

21 established at the rates of basic compensation applicable

22 to comparable positions in overseas schools under the De23 fense Department Overseas Teachers Pay and Personnel

24 Practices Act, such rates shall become effective with the

25 start of the next academic year following the issuance of
31

HR 3662 RFS

1 the Department of Defense salary schedule and shall not

2 be effected retroactively.

3 CONSTRUCTION

4 For construction, major repair, and improvement of

5 irrigation and power systems, buildings, utilities, and

6 other facilities, including architectural and engineering

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

8 lands; and preparation of lands for farming, and for con9 struction of the Navajo Indian Irrigation Project pursuant

10 to Public Law 87–483, $85,831,000, to remain available

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

12 available for the construction of the Navajo Indian Irriga13 tion Project may be transferred to the Bureau of Reclama14 tion: Provided further, That not to exceed 6 per centum

15 of contract authority available to the Bureau of Indian

16 Affairs from the Federal Highway Trust Fund may be

17 used to cover the road program management costs of the

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

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

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

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

22 construction or facilities improvement and repair project

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

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

25 amended, the Secretary of the Interior shall use the Ad-
32

HR 3662 RFS

1 ministrative and Audit Requirements and Cost Principles

2 for Assistance Programs contained in 43 CFR part 12 as

3 the regulatory requirements: Provided further, That such

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

5 the Secretary and the grantee shall negotiate and deter6 mine a schedule of payments for the work to be performed:

7 Provided further, That in considering applications, the

8 Secretary shall consider whether the Indian tribe or tribal

9 organization would be deficient in assuring that the con10 struction projects conform to applicable building stand11 ards and codes and Federal, tribal, or State health and

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

13 respect to organizational and financial management capa14 bilities: Provided further, That if the Secretary declines an

15 application, the Secretary shall follow the requirements

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

17 any disputes between the Secretary and any grantee con18 cerning a grant shall be subject to the disputes provision

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

20 INDIAN LAND AND WATER CLAIM SETTLEMENTS AND

21 MISCELLANEOUS PAYMENTS TO INDIANS

22 For miscellaneous payments to Indian tribes and in23 dividuals and for necessary administrative expenses,

24 $65,241,000, to remain available until expended; of which

25 $56,400,000 shall be available for implementation of en-
33

HR 3662 RFS

1 acted Indian land and water claim settlements pursuant

2 to Public Laws 101–618, 102–374, 102–575, and for im3 plementation of other enacted water rights settlements, in4 cluding not to exceed $8,000,000, which shall be for the

5 Federal share of the Catawba Indian Tribe of South Caro6 lina Claims Settlement, as authorized by section 5(a) of

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

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

9 100–580.

10 INDIAN GUARANTEED LOAN PROGRAM ACCOUNT

11 For the cost of guaranteed loans, $4,500,000, as au12 thorized by the Indian Financing Act of 1974, as amend13 ed: Provided, That such costs, including the cost of modi14 fying such loans, shall be as defined in section 502 of the

15 Congressional Budget Act of 1974: Provided further, That

16 these funds are available to subsidize total loan principal,

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

18 $34,615,000.

19 In addition, for administrative expenses to carry out

20 the guaranteed loan programs, $500,000.

21 ADMINISTRATIVE PROVISIONS

22 Appropriations for the Bureau of Indian Affairs (ex23 cept the revolving fund for loans, the Indian loan guaran24 tee and insurance fund, the Technical Assistance of Indian

25 Enterprises account, the Indian Direct Loan Program ac-
34

HR 3662 RFS

1 count, and the Indian Guaranteed Loan Program account)

2 shall be available for expenses of exhibits, and purchase

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

4 not to exceed 187 shall be for replacement only.

5 DEPARTMENTAL OFFICES

6 INSULAR AFFAIRS

7 ASSISTANCE TO TERRITORIES

8 For expenses necessary for assistance to territories

9 under the jurisdiction of the Department of the Interior,

10 $65,088,000, of which (1) $61,239,000 shall be available

11 until expended for technical assistance, including mainte12 nance assistance, disaster assistance, insular management

13 controls, and brown tree snake control and research;

14 grants to the judiciary in American Samoa for compensa15 tion and expenses, as authorized by law (48 U.S.C.

16 1661(c)); grants to the Government of American Samoa,

17 in addition to current local revenues, for construction and

18 support of governmental functions; grants to the Govern19 ment of the Virgin Islands as authorized by law; grants

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

21 grants to the Government of the Northern Mariana Is22 lands as authorized by law (Public Law 94–241; 90 Stat.

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

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

25 That all financial transactions of the territorial and local
35

HR 3662 RFS

1 governments herein provided for, including such trans2 actions of all agencies or instrumentalities established or

3 utilized by such governments, may be audited by the Gen4 eral Accounting Office, at its discretion, in accordance

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

6 further, That Northern Mariana Islands Covenant grant

7 funding shall be provided according to those terms of the

8 Agreement of the Special Representatives on Future Unit9 ed States Financial Assistance for the Northern Mariana

10 Islands approved by Public Law 99–396, or any subse11 quent legislation related to Commonwealth of the North12 ern Mariana Islands grant funding: Provided further, That

13 of the amounts provided for technical assistance, sufficient

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

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

16 program of operations and maintenance improvement are

17 appropriated to institutionalize routine operations and

18 maintenance improvement of capital infrastructure in

19 American Samoa, Guam, the Virgin Islands, the Common20 wealth of the Northern Mariana Islands, the Republic of

21 Palau, the Republic of the Marshall Islands, and the Fed22 erated States of Micronesia through assessments of long23 range operations maintenance needs, improved capability

24 of local operations and maintenance institutions and agen25 cies (including management and vocational education
36

HR 3662 RFS

1 training), and project-specific maintenance (with terri2 torial participation and cost sharing to be determined by

3 the Secretary based on the individual territory’s commit4 ment to timely maintenance of its capital assets): Provided

5 further, That any appropriation for disaster assistance

6 under this head in this Act or previous appropriations Acts

7 may be used as non-Federal matching funds for the pur8 pose of hazard mitigation grants provided pursuant to sec9 tion 404 of the Robert T. Stafford Disaster Relief and

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

11 COMPACT OF FREE ASSOCIATION

12 For economic assistance and necessary expenses for

13 the Federated States of Micronesia and the Republic of

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

15 223, 232, and 233 of the Compacts of Free Association,

16 and for economic assistance and necessary expenses for

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

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

19 $23,638,000, to remain available until expended, as au20 thorized by Public Law 99–239 and Public Law 99–658.

21 DEPARTMENTAL MANAGEMENT

22 SALARIES AND EXPENSES

23 For necessary expenses for management of the De24 partment of the Interior, $53,691,000, of which not to ex25 ceed $7,500 may be for official reception and representa26 tion expenses.
37

HR 3662 RFS

1 OFFICE OF THE SOLICITOR

2 SALARIES AND EXPENSES

3 For necessary expenses of the Office of the Solicitor,

4 $35,208,000.

5 OFFICE OF INSPECTOR GENERAL

6 SALARIES AND EXPENSES

7 For necessary expenses of the Office of Inspector

8 General, $24,439,000, together with any funds or prop9 erty transferred to the Office of Inspector General through

10 forfeiture proceedings or from the Department of Justice

11 Assets Forfeiture Fund or the Department of the Treas12 ury Assets Forfeiture Fund, that represent an equitable

13 share from the forfeiture of property in investigations in

14 which the Office of Inspector General participated, with

15 such transferred funds to remain available until expended.

16 NATIONAL INDIAN GAMING COMMISSION

17 SALARIES AND EXPENSES

18 For necessary expenses of the National Indian Gam19 ing Commission, pursuant to Public Law 100–497,

20 $1,000,000.

21 OFFICE OF SPECIAL TRUSTEE FOR AMERICAN INDIANS

22 FEDERAL TRUST PROGRAMS

23 For operation of trust programs for Indians by direct

24 expenditure, contracts, cooperative agreements, compacts,

25 and grants, $19,126,000, to remain available until ex-
38

HR 3662 RFS

1 pended for trust funds management: Provided, That funds

2 made available to tribes and tribal organizations through

3 contracts or grants obligated during fiscal year 1997, as

4 authorized by the Indian Self-Determination Act of 1975

5 (25 U.S.C. 450 et seq.), shall remain available until ex6 pended by the contractor or grantee: Provided further,

7 That notwithstanding any other provision of law, the stat8 ute of limitations shall not commence to run on any claim,

9 including any claim in litigation pending on the date of

10 this Act, concerning losses to or mismanagement of trust

11 funds, until the affected tribe or individual Indian has

12 been furnished with an accounting of such funds from

13 which the beneficiary can determine whether there has

14 been a loss: Provided further, That unobligated balances

15 previously made available (1) to liquidate obligations owed

16 tribal and individual Indian payees of any checks canceled

17 pursuant to section 1003 of the Competitive Equality

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

19 3334(b)), (2) to restore Individual Indian Monies trust

20 funds, Indian Irrigation Systems, and Indian Power Sys21 tems accounts amounts invested in credit unions or de22 faulted savings and loan associations and which where not

23 Federally insured, including any interest on these amounts

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

25 default, and (3) to reimburse Indian trust fund account
39

HR 3662 RFS

1 holders for losses to their respective accounts where the

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

3 settlement agreement approved by the Department of Jus4 tice, under the heading ‘‘Indian Land and Water Claim

5 Settlements and Miscellaneous Payments to Indians’’, Bu6 reau of Indian Affairs in fiscal years 1995 and 1996, are

7 hereby transferred to and merged with this appropriation

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

9 in accordance with this appropriation.

10 ADMINISTRATIVE PROVISIONS

11 There is hereby authorized for acquisition from avail12 able resources within the Working Capital Fund, 15 air13 craft, 10 of which shall be for replacement and which may

14 be obtained by donation, purchase or through available ex15 cess surplus property: Provided, That notwithstanding any

16 other provision of law, existing aircraft being replaced may

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

18 offset the purchase price for the replacement aircraft: Pro19 vided further, That no programs funded with appropriated

20 funds in ‘‘Departmental Management’’, ‘‘Office of the So21 licitor’’, and ‘‘Office of Inspector General’’ may be aug22 mented through the Working Capital Fund or the Consoli23 dated Working Fund.
40

HR 3662 RFS

1 GENERAL PROVISIONS, DEPARTMENT OF THE

2 INTERIOR

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

4 available for expenditure or transfer (within each bureau

5 or office), with the approval of the Secretary, for the emer6 gency reconstruction, replacement, or repair of aircraft,

7 buildings, utilities, or other facilities or equipment dam8 aged or destroyed by fire, flood, storm, or other unavoid9 able causes: Provided, That no funds shall be made avail10 able under this authority until funds specifically made

11 available to the Department of the Interior for emer12 gencies shall have been exhausted: Provided further, That

13 all funds used pursuant to this section are hereby des14 ignated by Congress to be ‘‘emergency requirements’’ pur15 suant to section 251(b)(2)(D) of the Balanced Budget and

16 Emergency Deficit Control Act of 1985, and must be re17 plenished by a supplemental appropriation which must be

18 requested as promptly as possible.

19 SEC. 102. The Secretary may authorize the expendi20 ture or transfer of any no year appropriation in this title,

21 in addition to the amounts included in the budget pro22 grams of the several agencies, for the suppression or emer23 gency prevention of forest or range fires on or threatening

24 lands under the jurisdiction of the Department of the Inte25 rior; for the emergency rehabilitation of burned-over lands
41

HR 3662 RFS

1 under its jurisdiction; for emergency actions related to po2 tential or actual earthquakes, floods, volcanoes, storms, or

3 other unavoidable causes; for contingency planning subse4 quent to actual oilspills; response and natural resource

5 damage assessment activities related to actual oilspills; for

6 the prevention, suppression, and control of actual or po7 tential grasshopper and Mormon cricket outbreaks on

8 lands under the jurisdiction of the Secretary, pursuant to

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

10 (99 Stat. 1658); for emergency reclamation projects under

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

12 any no year funds available to the Office of Surface Min13 ing Reclamation and Enforcement, such funds as may be

14 necessary to permit assumption of regulatory authority in

15 the event a primacy State is not carrying out the regu16 latory provisions of the Surface Mining Act: Provided,

17 That appropriations made in this title for fire suppression

18 purposes shall be available for the payment of obligations

19 incurred during the preceding fiscal year, and for reim20 bursement to other Federal agencies for destruction of ve21 hicles, aircraft, or other equipment in connection with

22 their use for fire suppression purposes, such reimburse23 ment to be credited to appropriations currently available

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

25 emergency rehabilitation and wildfire suppression activi-
42

HR 3662 RFS

1 ties, no funds shall be made available under this authority

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

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

4 used pursuant to this section are hereby designated by

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

6 section 251(b)(2)(D) of the Balanced Budget and Emer7 gency Deficit Control Act of 1985, and must be replen8 ished by a supplemental appropriation which must be re9 quested as promptly as possible: Provided further, That

10 such replenishment funds shall be used to reimburse, on

11 a pro rata basis, accounts from which emergency funds

12 were transferred.

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

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

15 similar facilities, wherever consolidation of activities will

16 contribute to efficiency or economy, and said appropria17 tions shall be reimbursed for services rendered to any

18 other activity in the same manner as authorized by sec19 tions 1535 and 1536 of title 31, United States Code: Pro20 vided, That reimbursements for costs and supplies, mate21 rials, equipment, and for services rendered may be cred22 ited to the appropriation current at the time such reim23 bursements are received.

24 SEC. 104. Appropriations made to the Department

25 of the Interior in this title shall be available for services
43

HR 3662 RFS

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

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

3 maintenance, and operation of aircraft; hire of passenger

4 motor vehicles; purchase of reprints; payment for tele5 phone service in private residences in the field, when au6 thorized under regulations approved by the Secretary; and

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

8 for library membership in societies or associations which

9 issue publications to members only or at a price to mem10 bers lower than to subscribers who are not members.

11 SEC. 105. Appropriations available to the Depart12 ment of the Interior for salaries and expenses shall be

13 available for uniforms or allowances therefor, as author14 ized by law (5 U.S.C. 5901–5902 and D.C. Code 4–204).

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

16 available for obligation in connection with contracts issued

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

18 months beginning at any time during the fiscal year.

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

20 Land and Water Conservation Fund for acquisition of

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

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

23 the following accounts: Bureau of Land Management,

24 Land acquisition, United States Fish and Wildlife Service,

25 Land acquisition, and National Park Service, Land acqui-
44

HR 3662 RFS

1 sition and State assistance. Use of such funds are subject

2 to the reprogramming guidelines of the House and Senate

3 Committees on Appropriations.

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

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

not obligate in any calendar month more than 1 6 ⁄12 of the

7 fiscal year 1997 appropriation for operation of the Pre8 sidio: Provided, That prior to the transfer of any Presidio

9 property to the Presidio Trust, the Secretary shall trans10 fer such funds as the Trust deems necessary to initiate

11 leasing and other authorized activities of the Trust: Pro12 vided further, That this section shall expire on September

13 30, 1997.

14 SEC. 109. None of the funds appropriated or other15 wise made available by this Act may be obligated or ex16 pended by the Secretary of the Interior for developing,

17 promulgating, and thereafter implementing a rule con18 cerning rights-of-way under section 2477 of the Revised

19 Statutes.

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

22 of offshore leasing and related activities placed under re23 striction in the President’s moratorium statement of June

24 26, 1990, in the areas of Northern, Central, and Southern

25 California; the North Atlantic; Washington and Oregon;
45

HR 3662 RFS

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

2 latitude and east of 86 degrees west longitude.

3 SEC. 111. No funds provided in this title may be ex4 pended by the Department of the Interior for the conduct

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

6 or other exploration activity, on lands within the North

7 Aleutian Basin planning area.

8 SEC. 112. No funds provided in this title may be ex9 pended by the Department of the Interior for the conduct

10 of preleasing and leasing activities in the Eastern Gulf of

11 Mexico for Outer Continental Shelf Lease Sale 151 in the

12 Outer Continental Shelf Natural Gas and Oil Resource

13 Management Comprehensive Program, 1992–1997.

14 SEC. 113. No funds provided in this title may be ex15 pended by the Department of the Interior for the conduct

16 of preleasing and leasing activities in the Atlantic for

17 Outer Continental Shelf Lease Sale 164 in the Outer Con18 tinental Shelf Natural Gas and Oil Resource Management

19 Comprehensive Program, 1992–1997.

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

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

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

23 section for costs of capitalizing and operating administra24 tive services as the Secretary determines may be per25 formed more advantageously as central services: Provided,
46

HR 3662 RFS

1 That any inventories, equipment, and other assets pertain2 ing to the services to be provided by such fund, either on

3 hand or on order, less the related liabilities or unpaid obli4 gations, and any appropriations made prior to the current

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

6 capitalize such fund: Provided further, That such fund

7 shall be paid in advance from funds available to the De8 partment and other Federal agencies for which such cen9 tralized services are performed, at rates which will return

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

11 depreciation of fund plant and equipment, amortization of

12 automatic data processing (ADP) software and systems

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

14 maintain a reasonable operating reserve, as determined by

15 the Secretary: Provided further, That such fund shall pro16 vide services on a competitive basis: Provided further, That

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

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

19 year 1997 and each fiscal year thereafter, to remain avail20 able until expended, to be used for the acquisition of cap21 ital equipment, and for the improvement and implementa22 tion of Department financial management, ADP, and

23 other support systems: Provided further, That no later

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

25 in excess of this reserve limitation shall be transferred to
47

HR 3662 RFS

1 the Treasury: Provided further, That such franchise fund

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

3 Law 103–356.

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

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

6 Pennsylvania Avenue in front of the White House without

7 the advance approval of the House and Senate Committees

8 on Appropriations.

9 TITLE II—RELATED AGENCIES

10 DEPARTMENT OF AGRICULTURE

11 FOREST SERVICE

12 FOREST AND RANGELAND RESEARCH

13 For necessary expenses of forest and rangeland re14 search as authorized by law, $179,000,000, to remain

15 available until September 30, 1998: Provided, That unobli16 gated and unexpended balances remaining in this account

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

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

19 Research appropriation.

20 STATE AND PRIVATE FORESTRY

21 For necessary expenses of cooperating with, and pro22 viding technical and financial assistance to States, Terri23 tories, possessions, and others and for forest pest manage24 ment activities, cooperative forestry and education and
48

HR 3662 RFS

1 land conservation activities, $148,884,000 to remain avail2 able until expended, as authorized by law.

3 NATIONAL FOREST SYSTEM

4 For necessary expenses of the Forest Service, not

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

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

8 administrative expenses associated with the management

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

10 Research,’’ ‘‘State and Private Forestry,’’ ‘‘National For11 est System,’’ ‘‘Wildland Fire Management,’’ ‘‘Reconstruc12 tion and Construction,’’ and ‘‘Land Acquisition,’’

13 $1,259,057,000 (reduced by $1,000,000) to remain avail14 able for obligation until September 30, 1998, and includ15 ing 50 per centum of all monies received during the prior

16 fiscal year as fees collected under the Land and Water

17 Conservation Fund Act of 1965, as amended, in accord18 ance with section 4 of the Act (16 U.S.C. 4601–6a(i)):

19 Provided, That unobligated and unexpended balances in

20 the National Forest System account at the end of fiscal

21 year 1996, shall be merged with and made a part of the

22 fiscal year 1997 National Forest System appropriation,

23 and shall remain available for obligation until September

24 30, 1998: Provided further, That up to $5,000,000 of the

25 funds provided herein for road maintenance shall be avail-
49

HR 3662 RFS

1 able for the planned obliteration of roads which are no

2 longer needed.

3 WILDLAND FIRE MANAGEMENT

4 For necessary expenses for forest fire presuppression

5 activities on National Forest System lands, for emergency

6 fire suppression on or adjacent to such lands or other

7 lands under fire protection agreement, and for emergency

8 rehabilitation of burned over National Forest System

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

10 Provided, That unexpended balances of amounts pre11 viously appropriated under any other headings for Forest

12 Service fire activities are transferred to and merged with

13 this appropriation and subject to the same terms and con14 ditions: Provided further, That such funds are available

15 for repayment of advances from other appropriations ac16 counts previously transferred for such purposes.

17 RECONSTRUCTION AND CONSTRUCTION

18 For necessary expenses of the Forest Service, not

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

20 until expended for construction, reconstruction and acqui21 sition of buildings and other facilities, and for construc22 tion, reconstruction and repair of forest roads and trails

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

24 538 and 23 U.S.C. 101 and 205: Provided, That not to

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

26 may be obligated for the construction of forest roads by
50

HR 3662 RFS

1 timber purchasers: Provided further, That funds appro2 priated under this head for the construction of the Wayne

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

4 Ohio State Highway Patrol, Ohio State Department of

5 Transportation, as the Federal share of the cost of con6 struction of a new facility to be jointly occupied by the

7 Forest Service and the Ohio State Highway Patrol: Pro8 vided further, That an agreed upon lease of space in the

9 new facility shall be provided to the Forest Service without

10 charge for the life of the building.

11 LAND ACQUISITION

12 For expenses necessary to carry out the provisions

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

14 as amended (16 U.S.C. 4601–4–11), including adminis15 trative expenses, and for acquisition of land or waters, or

16 interest therein, in accordance with statutory authority

17 applicable to the Forest Service, $30,000,000, to be de18 rived from the Land and Water Conservation Fund, to

19 remain available until expended: Provided, That funding

20 for specific land acquisitions are subject to the approval

21 of the House and Senate Committees on Appropriations.

22 ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL

23 ACTS

24 For acquisition of lands within the exterior bound25 aries of the Cache, Uinta, and Wasatch National Forests,
51

HR 3662 RFS

1 Utah; the Toiyabe National Forest, Nevada; and the An2 geles, San Bernardino, Sequoia, and Cleveland National

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

4 be derived from forest receipts.

5 ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES

6 For acquisition of lands, to be derived from funds de7 posited by State, county, or municipal governments, public

8 school districts, or other public school authorities pursuant

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

10 484a), to remain available until expended.

11 RANGE BETTERMENT FUND

12 For necessary expenses of range rehabilitation, pro13 tection, and improvement, 50 per centum of all moneys

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

15 domestic livestock on lands in National Forests in the six16 teen Western States, pursuant to section 401(b)(1) of

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

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

19 available for administrative expenses associated with on20 the-ground range rehabilitation, protection, and improve21 ments.
52

HR 3662 RFS

1 GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND

2 RANGELAND RESEARCH

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

4 $92,000, to remain available until expended, to be derived

5 from the fund established pursuant to the above Act.

6 ADMINISTRATIVE PROVISIONS, FOREST SERVICE

7 Appropriations to the Forest Service for the current

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

9 exceed 159 passenger motor vehicles of which 14 will be

10 used primarily for law enforcement purposes and of which

11 149 shall be for replacement; acquisition of 10 passenger

12 motor vehicles from excess sources, and hire of such vehi13 cles; operation and maintenance of aircraft, the purchase

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

15 of 20 aircraft from excess sources; notwithstanding other

16 provisions of law, existing aircraft being replaced may be

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

18 the purchase price for the replacement aircraft; (b) serv19 ices pursuant to 7 U.S.C. 2225, and not to exceed

20 $100,000 for employment under 5 U.S.C. 3109; (c) pur21 chase, erection, and alteration of buildings and other pub22 lic improvements (7 U.S.C. 2250); (d) acquisition of land,

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

24 (e) for expenses pursuant to the Volunteers in the Na25 tional Forest Act of 1972 (16 U.S.C 558a, 558d, 558a
53

HR 3662 RFS

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

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

3 None of the funds made available under this Act shall

4 be obligated or expended to change the boundaries of any

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

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

7 or other type of organizational restructuring of the Forest

8 Service without the consent of the House and Senate Com9 mittees on Appropriations.

10 Any appropriations or funds available to the Forest

11 Service may be advanced to the Wildland Fire Manage12 ment appropriation and may be used for forest firefighting

13 and the emergency rehabilitation of burned-over lands

14 under its jurisdiction.

15 Funds appropriated to the Forest Service shall be

16 available for assistance to or through the Agency for Inter17 national Development and the Foreign Agricultural Serv18 ice in connection with forest and rangeland research, tech19 nical information, and assistance in foreign countries, and

20 shall be available to support forestry and related natural

21 resource activities outside the United States and its terri22 tories and possessions, including technical assistance, edu23 cation and training, and cooperation with United States

24 and international organizations.
54

HR 3662 RFS

1 None of the funds made available to the Forest Serv2 ice under this Act shall be subject to transfer under the

3 provisions of section 702(b) of the Department of Agri4 culture Organic Act of 1944 (7 U.S.C. 2257) or 7 U.S.C

5 147b unless the proposed transfer is approved in advance

6 by the House and Senate Committees on Appropriations

7 in compliance with the reprogramming procedures con8 tained in House Report 103–551.

9 None of the funds available to the Forest Service may

10 be reprogrammed without the advance approval of the

11 House and Senate Committees on Appropriations in ac12 cordance with the procedures contained in House Report

13 103–551.

14 No funds appropriated to the Forest Service shall be

15 transferred to the Working Capital Fund of the Depart16 ment of Agriculture without the approval of the Chief of

17 the Forest Service.

18 Notwithstanding any other provision of the law, any

19 appropriations or funds available to the Forest Service

20 may be used to disseminate program information to pri21 vate and public individuals and organizations through the

22 use of nonmonetary items of nominal value and to provide

23 nonmonetary awards of nominal value and to incur nec24 essary expenses for the nonmonetary recognition of private
55

HR 3662 RFS

1 individuals and organizations that make contributions to

2 Forest Service programs.

3 Notwithstanding any other provision of law, money

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

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

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

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

8 permit applications and for costs incurred in monitoring

9 the construction, operation, maintenance, and termination

10 of any pipeline and related facilities, may be used to reim11 burse the applicable appropriation to which such costs

12 were originally charged.

13 Funds available to the Forest Service shall be avail14 able to conduct a program of not less than $1,000,000

15 for high priority projects within the scope of the approved

16 budget which shall be carried out by the Youth Conserva17 tion Corps as authorized by the Act of August 13, 1970,

18 as amended by Public Law 93–408.

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

20 for timber sale preparation using clearcutting in hardwood

21 stands in excess of 25 percent of the fiscal year 1989 har22 vested volume in the Wayne National Forest, Ohio: Pro23 vided, That this limitation shall not apply to hardwood

24 stands damaged by natural disaster: Provided further,
56

HR 3662 RFS

1 That landscape architects shall be used to maintain a vis2 ually pleasing forest.

3 Any money collected from the States for fire suppres4 sion assistance rendered by the Forest Service on non5 Federal lands not in the vicinity of National Forest Sys6 tem lands shall be used to reimburse the applicable appro7 priation and shall remain available until expended as the

8 Secretary may direct in conducting activities authorized

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

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

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

12 reception and representation expenses.

13 Notwithstanding any other provision of law, the For14 est Service is authorized to employ or otherwise contract

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

16 Service, to perform work occasioned by emergencies such

17 as fires, storms, floods, earthquakes or any other unavoid18 able cause without regard to Sundays, Federal holidays,

19 and the regular workweek.

20 To the greatest extent possible, and in accordance

21 with the Final Amendment to the Shawnee National For22 est Plan, none of the funds available in this Act shall be

23 used for preparation of timber sales using clearcutting or

24 other forms of even aged management in hardwood stands

25 in the Shawnee National Forest, Illinois.
57

HR 3662 RFS

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

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

3 shall be available for the National Forest Foundation.

4 Funds appropriated to the Forest Service shall be

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

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

10 the National Forest System and Construction accounts

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

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

13 land in the State of Washington may be granted directly

14 to the Washington State Department of Fish and Wildlife

15 for accomplishment of planned projects. Twenty percent

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

17 planning and administering projects. Project selection and

18 prioritization shall be accomplished by the Forest Service

19 with such consultation with the State of Washington as

20 the Forest Service deems appropriate.

21 Funds appropriated to the Forest Service shall be

22 available for payments to counties within the Columbia

23 River Gorge National Scenic Area, pursuant to sections

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

25 663.
58

HR 3662 RFS

1 DEPARTMENT OF ENERGY

2 FOSSIL ENERGY RESEARCH AND DEVELOPMENT

3 For necessary expenses in carrying out fossil energy

4 research and development activities, under the authority

5 of the Department of Energy Organization Act (Public

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

8 or any facility or for plant or facility acquisition or expan9 sion, and for conducting inquiries, technological investiga10 tions and research concerning the extraction, processing,

11 use, and disposal of mineral substances without objection12 able social and environmental costs (30 U.S.C. 3, 1602,

13 and 1603), performed under the minerals and materials

14 science programs at the Albany Research Center in Or15 egon, $354,754,000, to remain available until expended:

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

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

18 the recovery of oil and gas.

19 ALTERNATIVE FUELS PRODUCTION

20 (INCLUDING TRANSFER AND RESCISSION OF FUNDS)

21 Monies received as investment income on the prin22 cipal amount in the Great Plains Project Trust at the

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

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

25 account and immediately transferred to the General Fund
59

HR 3662 RFS

1 of the Treasury. Monies received as revenue sharing from

2 the operation of the Great Plains Gasification Plant shall

3 be immediately transferred to the General Fund of the

4 Treasury. Funds are hereby rescinded in the amount of

5 $2,500,000 from unobligated balances under this head.

6 NAVAL PETROLEUM AND OIL SHALE RESERVES

7 For necessary expenses in carrying out naval petro8 leum and oil shale reserve activities, $143,786,000 (re9 duced by $11,764,000), to remain available until ex10 pended: Provided, That the requirements of 10 U.S.C.

11 7430(b)(2)(B) shall not apply to fiscal year 1997.

12 ENERGY CONSERVATION

13 For necessary expenses in carrying out energy con14 servation activities, $507,680,000 (increased by

15 $11,764,000) (increased by $4,000,000), to remain avail16 able until expended, including, notwithstanding any other

17 provision of law, the excess amount for fiscal year 1997

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

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

20 $125,000,000 (increased by $11,764,000) shall be for use

21 in energy conservation programs as defined in section

22 3008(3) of Public Law 99–509 (15 U.S.C. 4507) and shall

23 not be available until excess amounts are determined

24 under the provisions of section 3003(d) of Public Law 99–

25 509 (15 U.S.C. 4502): Provided further, That notwith-
60

HR 3662 RFS

1 standing section 3003(d)(2) of Public Law 99–509 such

2 sums shall be allocated to the eligible programs as follows:

3 $100,000,000 (increased by $11,764,000) for weatheriza4 tion assistance grants and $25,000,000 for State energy

5 conservation grants.

6 ECONOMIC REGULATION

7 For necessary expenses in carrying out the activities

8 of the Office of Hearing and Appeals, $2,725,000, to re9 main available until expended.

10 STRATEGIC PETROLEUM RESERVE

11 (INCLUDING TRANSFER OF FUNDS)

12 For necessary expenses for Strategic Petroleum Re13 serve facility development and operations and program

14 management activities pursuant to the Energy Policy and

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

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

17 of which $220,000,000 shall be repaid from the ‘‘SPR Op18 erating Fund’’ from amounts made available from the sale

19 of oil from the Reserve.

20 SPR PETROLEUM ACCOUNT

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

22 States share of crude oil in Naval Petroleum Reserve

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

24 of to other than the Strategic Petroleum Reserve: Pro-
61

HR 3662 RFS

1 vided, That outlays in fiscal year 1997 resulting from the

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

3 ENERGY INFORMATION ADMINISTRATION

4 For necessary expenses in carrying out the activities

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

6 to remain available until expended.

7 ADMINISTRATIVE PROVISIONS, DEPARTMENT OF ENERGY

8 Appropriations under this Act for the current fiscal

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

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

12 General Services Administration for security guard serv13 ices.

14 From appropriations under this Act, transfers of

15 sums may be made to other agencies of the Government

16 for the performance of work for which the appropriation

17 is made.

18 None of the funds made available to the Department

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

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

22 in an appropriations Act.

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

25 private sources and to prosecute projects in cooperation
62

HR 3662 RFS

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

2 Provided, That revenues and other moneys received by or

3 for the account of the Department of Energy or otherwise

4 generated by sale of products in connection with projects

5 of the Department appropriated under this Act may be

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

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

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

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

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

13 contract, agreement, or provision thereof entered into by

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

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

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

21 project, including the facts and circumstances relied upon

22 in support of the proposed project.

23 No funds provided in this Act may be expended by

24 the Department of Energy to prepare, issue, or process
63

HR 3662 RFS

1 procurement documents for programs or projects for

2 which appropriations have not been made.

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

4 the Secretary may accept fees and contributions from pub5 lic and private sources, to be deposited in a contributed

6 funds account, and prosecute projects using such fees and

7 contributions in cooperation with other Federal, State or

8 private agencies or concerns.

9 DEPARTMENT OF HEALTH AND HUMAN

10 SERVICES

11 INDIAN HEALTH SERVICE

12 INDIAN HEALTH SERVICES

13 For expenses necessary to carry out the Act of Au14 gust 5, 1954 (68 Stat. 674), the Indian Self-Determina15 tion Act, the Indian Health Care Improvement Act, and

16 titles II and III of the Public Health Service Act with re17 spect to the Indian Health Service, $1,779,561,000, to18 gether with payments received during the fiscal year pur19 suant to 42 U.S.C. 238(b) for services furnished by the

20 Indian Health Service: Provided, That funds made avail21 able to tribes and tribal organizations through contracts,

22 grant agreements, or any other agreements or compacts

23 authorized by the Indian Self-Determination and Edu24 cation Assistance Act of 1975 (25 U.S.C. 450), shall be

25 deemed to be obligated at the time of the grant or contract
64

HR 3662 RFS

1 award and thereafter shall remain available to the tribe

2 or tribal organization without fiscal year limitation: Pro3 vided further, That $12,000,000 shall remain available

4 until expended, for the Indian Catastrophic Health Emer5 gency Fund: Provided further, That $353,125,000 for con6 tract medical care shall remain available for obligation

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

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

9 to carry out the loan repayment program under section

10 108 of the Indian Health Care Improvement Act: Provided

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

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

13 in two fiscal years, so long as the total obligation is re14 corded in the year for which the funds are appropriated:

15 Provided further, That the amounts collected by the Sec16 retary of Health and Human Services under the authority

17 of title IV of the Indian Health Care Improvement Act

18 shall remain available until expended for the purpose of

19 achieving compliance with the applicable conditions and

20 requirements of titles XVIII and XIX of the Social Secu21 rity Act (exclusive of planning, design, or construction of

22 new facilities): Provided further, That of the funds pro23 vided, $7,500,000 shall remain available until expended,

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

25 available for the transitional costs of initial or expanded
65

HR 3662 RFS

1 tribal contracts, grants or cooperative agreements with the

2 Indian Health Service under the provisions of the Indian

3 Self-Determination Act: Provided further, That funding

4 contained herein, and in any earlier appropriations Acts

5 for scholarship programs under the Indian Health Care

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

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

8 That amounts received by tribes and tribal organizations

9 under title IV of the Indian Health Care Improvement Act

10 shall be reported and accounted for and available to the

11 receiving tribes and tribal organizations until expended.

12 INDIAN HEALTH FACILITIES

13 For construction, repair, maintenance, improvement,

14 and equipment of health and related auxiliary facilities,

15 including quarters for personnel; preparation of plans,

16 specifications, and drawings; acquisition of sites, purchase

17 and erection of modular buildings, and purchases of trail18 ers; and for provision of domestic and community sanita19 tion facilities for Indians, as authorized by section 7 of

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

21 Self-Determination Act, and the Indian Health Care Im22 provement Act, and for expenses necessary to carry out

23 such Acts and titles II and III of the Public Health Serv24 ice Act with respect to environmental health and facilities

25 support activities of the Indian Health Service,
66

HR 3662 RFS

1 $227,701,000, to remain available until expended: Pro2 vided, That notwithstanding any other provision of law,

3 funds appropriated for the planning, design, construction

4 or renovation of health facilities for the benefit of an In5 dian tribe or tribes may be used to purchase land for sites

6 to construct, improve, or enlarge health or related facili7 ties.

8 ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE

9 Appropriations in this Act to the Indian Health Serv10 ice shall be available for services as authorized by 5 U.S.C.

11 3109 but at rates not to exceed the per diem rate equiva12 lent to the maximum rate payable for senior-level positions

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

14 aircraft; purchase of medical equipment; purchase of re15 prints; purchase, renovation and erection of modular

16 buildings and renovation of existing facilities; payments

17 for telephone service in private residences in the field,

18 when authorized under regulations approved by the Sec19 retary; and for uniforms or allowances therefore as au20 thorized by 5 U.S.C. 5901–5902; and for expenses of at21 tendance at meetings which are concerned with the func22 tions or activities for which the appropriation is made or

23 which will contribute to improved conduct, supervision, or

24 management of those functions or activities: Provided,

25 That in accordance with the provisions of the Indian
67

HR 3662 RFS

1 Health Care Improvement Act, non-Indian patients may

2 be extended health care at all tribally administered or In3 dian Health Service facilities, subject to charges, and the

4 proceeds along with funds recovered under the Federal

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

6 credited to the account of the facility providing the service

7 and shall be available without fiscal year limitation: Pro8 vided further, That notwithstanding any other law or regu9 lation, funds transferred from the Department of Housing

10 and Urban Development to the Indian Health Service

11 shall be administered under Public Law 86–121 (the In12 dian Sanitation Facilities Act) and Public Law 93–638,

13 as amended: Provided further, That funds appropriated to

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

15 for administrative and program direction purposes, shall

16 not be subject to limitations directed at curtailing Federal

17 travel and transportation: Provided further, That the In18 dian Health Service shall neither bill nor charge those In19 dians who may have the economic means to pay unless

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

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

22 to implement such a policy: Provided further, That not23 withstanding any other provision of law, funds previously

24 or herein made available to a tribe or tribal organization

25 through a contract, grant, or agreement authorized by
68

HR 3662 RFS

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

2 Education Assistance Act of 1975 (25 U.S.C. 450), may

3 be deobligated and reobligated to a self-determination con4 tract under title I, or a self-governance agreement under

5 title III of such Act and thereafter shall remain available

6 to the tribe or tribal organization without fiscal year limi7 tation: Provided further, That none of the funds made

8 available to the Indian Health Service in this Act shall

9 be used to implement the final rule published in the Fed10 eral Register on September 16, 1987, by the Department

11 of Health and Human Services, relating to the eligibility

12 for the health care services of the Indian Health Service

13 until the Indian Health Service has submitted a budget

14 request reflecting the increased costs associated with the

15 proposed final rule, and such request has been included

16 in an appropriations Act and enacted into law: Provided

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

18 apportioned to the Indian Health Service as appropriated

19 in this Act, and accounted for in the appropriation struc20 ture set forth in this Act: Provided further, That funds

21 received from any source, including tribal contractors and

22 compactors for previously transferred functions which

23 tribal contractors and compactors no longer wish to retain,

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

25 shall be retained by the Indian Health Service and shall
69

HR 3662 RFS

1 remain available until expended by the Indian Health

2 Service: Provided further, That reimbursements for train3 ing, technical assistance, or services provided by the In4 dian Health Service will contain total costs, including di5 rect, administrative, and overhead associated with the pro6 vision of goods, services, or technical assistance: Provided

7 further, That the appropriation structure for the Indian

8 Health Service may not be altered without advance ap9 proval of the House and Senate Committees on Appropria10 tions.

11 DEPARTMENT OF EDUCATION

12 OFFICE OF ELEMENTARY AND SECONDARY EDUCATION

13 INDIAN EDUCATION

14 For necessary expenses to carry out, to the extent

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

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

17 section 215 of the Department of Education Organization

18 Act, $52,500,000.

19 OTHER RELATED AGENCIES

20 OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION

21 SALARIES AND EXPENSES

22 For necessary expenses of the Office of Navajo and

23 Hopi Indian Relocation as authorized by Public Law 93–

24 531, $20,345,000, to remain available until expended:

25 Provided, That funds provided in this or any other appro-
70

HR 3662 RFS

1 priations Act are to be used to relocate eligible individuals

2 and groups including evictees from District 6, Hopi-parti3 tioned lands residents, those in significantly substandard

4 housing, and all others certified as eligible and not in5 cluded in the preceding categories: Provided further, That

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

7 be used by the Office of Navajo and Hopi Indian Reloca8 tion to evict any single Navajo or Navajo family who, as

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

10 lands partitioned to the Hopi Tribe unless a new or re11 placement home is provided for such household: Provided

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

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

14 Office shall relocate any certified eligible relocatees who

15 have selected and received an approved homesite on the

16 Navajo reservation or selected a replacement residence off

17 the Navajo reservation or on the land acquired pursuant

18 to 25 U.S.C. 640d–10.

19 INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE

20 CULTURE AND ARTS DEVELOPMENT

21 PAYMENT TO THE INSTITUTE

22 For payment to the Institute of American Indian and

23 Alaska Native Culture and Arts Development, as author24 ized by title XV of Public Law 99–498, as amended (20

25 U.S.C. 56, part A), $5,500,000.
71

HR 3662 RFS

1 SMITHSONIAN INSTITUTION

2 SALARIES AND EXPENSES

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

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

6 documentation of the National Collections; presentation of

7 public exhibits and performances; collection, preparation,

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

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

12 buildings, facilities, and approaches; not to exceed

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

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

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

17 instrumentation program, collections acquisition, Museum

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

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

22 shall remain available until expended, and including such

23 funds as may be necessary to support American overseas

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

25 of American Overseas Research Centers: Provided, That
72

HR 3662 RFS

1 funds appropriated herein are available for advance pay2 ments to independent contractors performing research

3 services or participating in official Smithsonian presen4 tations.

5 CONSTRUCTION AND IMPROVEMENTS, NATIONAL

6 ZOOLOGICAL PARK

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

9 National Zoological Park, by contract or otherwise,

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

11 REPAIR AND RESTORATION OF BUILDINGS

12 For necessary expenses of repair and restoration of

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

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

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

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

20 restoration of buildings of the Smithsonian Institution

21 may be negotiated with selected contractors and awarded

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

23 CONSTRUCTION

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

25 to remain available until expended.
73

HR 3662 RFS

1 NATIONAL GALLERY OF ART

2 SALARIES AND EXPENSES

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

5 therein, and administrative expenses incident thereto, as

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

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

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

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

11 membership in library, museum, and art associations or

12 societies whose publications or services are available to

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

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

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

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

17 purchase or rental of devices and services for protecting

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

20 and grounds; and purchase of services for restoration and

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

22 contracts made, without advertising, with individuals,

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

24 such terms and conditions as the Gallery may deem prop25 er, $53,899,000, of which not to exceed $3,026,000 for
74

HR 3662 RFS

1 the special exhibition program shall remain available until

2 expended.

3 REPAIR, RESTORATION AND RENOVATION OF BUILDINGS

4 For necessary expenses of repair, restoration and

5 renovation of buildings, grounds and facilities owned or

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

7 otherwise, as authorized, $5,942,000, to remain available

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

10 or renovation of buildings of the National Gallery of Art

11 may be negotiated with selected contractors and awarded

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

13 JOHN F. KENNEDY CENTER FOR THE PERFORMING

14 ARTS

15 OPERATIONS AND MAINTENANCE

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

18 the Performing Arts, $10,875,000.

19 CONSTRUCTION

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

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

23 $9,000,000, to remain available until expended.
75

HR 3662 RFS

1 WOODROW WILSON INTERNATIONAL CENTER FOR

2 SCHOLARS

3 SALARIES AND EXPENSES

4 For expenses necessary in carrying out the provisions

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

6 1356) including hire of passenger vehicles and services as

7 authorized by 5 U.S.C. 3109, $5,840,000.

8 NATIONAL FOUNDATION ON THE ARTS AND THE

9 HUMANITIES

10 NATIONAL ENDOWMENT FOR THE ARTS

11 GRANTS AND ADMINISTRATION

12 For necessary expenses to carry out the National

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

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

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

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

19 available until expended.

20 MATCHING GRANTS

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

22 National Foundation on the Arts and the Humanities Act

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

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

25 Provided, That this appropriation shall be available for ob26 ligation only in such amounts as may be equal to the total
76

HR 3662 RFS

1 amounts of gifts, bequests, and devises of money, and

2 other property accepted by the Chairman or by grantees

3 of the Endowment under the provisions of section

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

5 the current and preceding fiscal years for which equal

6 amounts have not previously been appropriated.

7 NATIONAL ENDOWMENT FOR THE HUMANITIES

8 GRANTS AND ADMINISTRATION

9 For necessary expenses to carry out the National

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

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

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

15 remain available until expended.

16 MATCHING GRANTS

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

18 National Foundation on the Arts and the Humanities Act

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

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

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

23 shall be available for obligation only in such amounts as

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

25 devises of money, and other property accepted by the

26 Chairman or by grantees of the Endowment under the
77

HR 3662 RFS

1 provisions of subsections 11(a)(2)(B) and 11(a)(3)(B)

2 during the current and preceding fiscal years for which

3 equal amounts have not previously been appropriated.

4 INSTITUTE OF MUSEUM SERVICES

5 GRANTS AND ADMINISTRATION

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

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

8 to remain available until expended.

9 ADMINISTRATIVE PROVISIONS

10 None of the funds appropriated to the National

11 Foundation on the Arts and the Humanities may be used

12 to process any grant or contract documents which do not

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

14 of the funds appropriated to the National Foundation on

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

17 COMMISSION OF FINE ARTS

18 SALARIES AND EXPENSES

19 For expenses made necessary by the Act establishing

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

21 NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS

22 For necessary expenses as authorized by Public Law

23 99–190 (20 U.S.C. 956(a)), as amended, $6,000,000.
78

HR 3662 RFS

1 ADVISORY COUNCIL ON HISTORIC PRESERVATION

2 SALARIES AND EXPENSES

3 For necessary expenses of the Advisory Council on

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

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

6 available for the compensation of Executive Level V or

7 higher position.

8 NATIONAL CAPITAL PLANNING COMMISSION

9 SALARIES AND EXPENSES

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

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

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

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

15 Schedule Level IV.

16 FRANKLIN DELANO ROOSEVELT MEMORIAL COMMISSION

17 SALARIES AND EXPENSES

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

21 92–332 (86 Stat. 401), $125,000.

22 UNITED STATES HOLOCAUST MEMORIAL COUNCIL

23 HOLOCAUST MEMORIAL COUNCIL

24 For expenses of the Holocaust Memorial Council, as

25 authorized by Public Law 96–388 (36 U.S.C. 1401), as
79

HR 3662 RFS

1 amended, $29,707,000, of which $1,575,000 for the Muse2 um’s repair and rehabilitation program and $1,264,000

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

5 TITLE III—GENERAL PROVISIONS

6 SEC. 301. The expenditure of any appropriation

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

9 to those contracts where such expenditures are a matter

10 of public record and available for public inspection, except

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

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

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

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

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

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

20 to minerals owned by private individuals.

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

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

24 promote public support or opposition to any legislative

25 proposal on which congressional action is not complete.
80

HR 3662 RFS

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

2 this Act shall remain available for obligation beyond the

3 current fiscal year unless expressly so provided herein.

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

5 any department or agency shall be obligated or expended

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

7 servants to any officer or employee of such department

8 or agency except as otherwise provided by law.

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

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

11 this Act unless advance notice of such assessments and

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

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

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

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

17 expending the funds the entity will comply with sections

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

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

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

22 (1) PURCHASE OF AMERICAN-MADE EQUIPMENT

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

24 product that may be authorized to be purchased

25 with financial assistance provided using funds made
81

HR 3662 RFS

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

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

5 (2) NOTICE TO RECIPIENTS OF ASSISTANCE.—

6 In providing financial assistance using funds made

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

9 a notice describing the statement made in paragraph

10 (1) by the Congress.

11 (c) PROHIBITION OF CONTRACTS WITH PERSONS

12 FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—

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

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

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

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

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

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

22 9.409 of title 48, Code of Federal Regulations.

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

24 to plan, prepare, or offer for sale timber from trees classi25 fied as giant sequoia (Sequoiadendron giganteum) which
82

HR 3662 RFS

1 are located on National Forest System or Bureau of Land

2 Management lands in a manner different than such sales

3 were conducted in fiscal year 1995.

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

5 Act may be obligated or expended by the National Park

6 Service to enter into or implement a concession contract

7 which permits or requires the removal of the underground

8 lunchroom at the Carlsbad Caverns National Park.

9 SEC. 310. Where the actual costs of construction

10 projects under self-determination contracts, compacts, or

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

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

13 of the resulting excess funds shall be determined by the

14 appropriate Secretary after consultation with the tribes.

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

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

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

20 quarter.

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

23 AmeriCorps program, unless the relevant agencies of the

24 Department of the Interior and/or Agriculture follow ap25 propriate reprogramming guidelines: Provided, That if no
83

HR 3662 RFS

1 funds are provided for the AmeriCorps program by the

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

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

5 AmeriCorps programs.

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

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

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

10 the Federal official having authority to obligate or expend

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

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

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

17 the general mining laws.

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

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

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

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

22 all requirements established under sections 2325 and 2326

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

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

25 of the Revised Statutes (30 U.S.C. 35, 36, and 37) for
84

HR 3662 RFS

1 placer claims, and section 2337 of the Revised Statutes

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

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

4 (c) PROCESSING SCHEDULE.—For those applications

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

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

7 1994, the Secretary of the Interior shall—

8 (1) Within three months of the enactment of

9 this Act, file with the House and Senate Committees

10 on Appropriations and the Committee on Resources

11 of the House of Representatives and the Committee

12 on Energy and Natural Resources of the United

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

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

16 patent under the general mining laws on at least 90

17 percent of such applications within five years of the

18 enactment of this Act and file reports annually

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

21 carry out such plan; and

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

23 carry out such plan.

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

25 patent applications in a timely and responsible manner,
85

HR 3662 RFS

1 upon the request of a patent applicant, the Secretary of

2 the Interior shall allow the applicant to fund a qualified

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

4 Land Management to conduct a mineral examination of

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

7 Management shall have the sole responsibility to choose

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

9 standard procedures employed by the Bureau of Land

10 Management in the retention of third-party contractors.

11 SEC. 315. None of the funds appropriated or other12 wise made available by this Act may be used for the pur13 poses of acquiring lands in the counties of Lawrence, Mon14 roe, or Washington, Ohio, for the Wayne National Forest.

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

17 (a) The Chairperson shall only award a grant

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

22 (b) The Chairperson shall establish procedures

23 to ensure that no funding provided through a grant,

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

25 group, may be used to make a grant to any other
86

HR 3662 RFS

1 organization or individual to conduct activity inde2 pendent of the direct grant recipient. Nothing in this

3 subsection shall prohibit payments made in exchange

4 for goods and services.

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

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

7 contents of the season, including identified programs

8 and/or projects.

9 SEC. 317. The United States Forest Service approval

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

11 1993, is hereby authorized and approved and shall be

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

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

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

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

18 implement final regulations, rules, or policies pursuant to

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

21 over navigable waters transferred to the State of Alaska

22 pursuant to the Submerged Lands Act of 1953 or the

23 Alaska Statehood Act of 1959.

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

25 other Act shall be used to review or modify sourcing areas
87

HR 3662 RFS

1 previously approved under section 490(c)(3) of the Forest

2 Resources Conservation and Shortage Relief Act of 1990

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

4 regulations 36 CFR part 223 promulgated on September

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

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

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

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

10 any policies concerning Public Law 101–382 or existing

11 regulations that would restrain domestic transportation or

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

15 1997, the order issued under section 491(b)(2)(A) of Pub16 lic Law 101–382 and shall issue an order under section

17 491(b)(2)(B) of such law that will be effective October 1,

18 1997.

19 SEC. 320. Section 101(c) of Public Law 104–134 is

20 amended as follows: Under the heading ‘‘Title III—Gen21 eral Provisions’’ amend section 315(f) by striking ‘‘Sep22 tember 30, 1998’’ and inserting in lieu thereof ‘‘Septem23 ber 30, 1999’’ and by striking ‘‘September 30, 2001’’ and

24 inserting in lieu thereof ‘‘September 30, 2002’’.
88

HR 3662 RFS

1 SEC. 321. None of the amounts made available by

2 this Act may be used for design, planning, implementa3 tion, engineering, construction, or any other activity in

4 connection with a scenic shoreline drive in Pictured Rocks

5 National Lakeshore.

6 SEC. 322. None of the funds made available in this

7 Act may be used by the Bureau of Indian Affairs to trans8 fer any land into trust under section 5 of the Indian Reor9 ganization Act (25 U.S.C. 465), or any other Federal stat10 ute that does not explicitly denominate and identify a spe11 cific tribe or specific property, except when it is made

12 known to the Federal official having authority to obligate

13 or expend such funds that—

14 (1) a binding agreement is in place between the

15 tribe that will have jurisdiction over the land to be

16 taken into trust and the appropriate State and local

17 officials; and

18 (2) such agreement provides, for as long as the

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

20 by any retail establishment located on the land to be

21 taken into trust, of State and local sales and excise

22 taxes, including any special tax on motor fuel, to23 bacco, or alcohol, on any retail item sold to any non24 member of the tribe for which the land is held in
89

HR 3662 RFS

1 trust, or an agreed upon payment in lieu of such

2 taxes.

3 This Act may be cited as the ‘‘Department of the In4 terior and Related Agencies Appropriations Act, 1997’’.

Passed the House of Representatives June 20, 1996.

Attest: ROBIN H. CARLE,

Clerk.

By LINDA NAVE,

Deputy Clerk.