103D CONGRESS

1ST SESSION H. R. 2520

AN ACT

Making appropriations for the Department of the

poses.ending September 30, 1994, and for other purInterior and related agencies for the fiscal year
103D CONGRESS

1ST SESSION H. R. 2520

AN ACT

Making appropriations for the Department of the Interior

and related agencies for the fiscal year ending September

30, 1994, and for other purposes.

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

3 That the following sums are appropriated, out of any

4 money in the Treasury not otherwise appropriated, for the

5 Department of the Interior and related agencies for the

6 fiscal year ending September 30, 1994, and for other pur7 poses, namely:
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1 TITLE I—DEPARTMENT OF THE INTERIOR

2 BUREAU OF LAND MANAGEMENT

3 FIRE PROTECTION

4 For necessary expenses for fire management, emer5 gency rehabilitation, fire presuppression and prepared6 ness, and other related emergency actions by the Depart7 ment of the Interior, $117,143,000, to remain available

8 until expended.

9 EMERGENCY DEPARTMENT OF THE INTERIOR

10 FIREFIGHTING FUND

11 For emergency rehabilitation, severity presup12 pression, and wildfire suppression activities of the Depart13 ment of the Interior, $116,674,000, to remain available

14 until expended: Provided, That such funds also are avail15 able for repayment of advances to other appropriation ac16 counts from which funds were previously transferred for

17 such purposes: Provided further, That notwithstanding

18 any other provision of law, persons hired pursuant to 43

19 U.S.C. 1469 may be furnished subsistence and lodging

20 without cost from funds available from this appropriation:

21 Provided further, That only amounts for emergency reha22 bilitation and wildfire suppression activities that are in ex23 cess of the average of such costs for the previous ten years

24 shall be considered ‘‘emergency requirements’’ pursuant to

25 section 251(b)(2)(D) of the Balanced Budget and Emer26 gency Deficit Control Act of 1985.
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1 PAYMENTS IN LIEU OF TAXES

2 For expenses necessary to implement the Act of Octo3 ber 20, 1976 (31 U.S.C. 6901–07), $104,108,000, of

4 which not to exceed $400,000 shall be available for admin5 istrative expenses.

6 LAND ACQUISITION

7 For expenses necessary to carry out the provisions

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

9 including administrative expenses and acquisition of lands

10 or waters, or interests therein, $14,877,000, to be derived

11 from the Land and Water Conservation Fund, to remain

12 available until 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; $83,052,000, 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

26 grant lands is hereby made a charge against the Oregon
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1 and California landgrant fund and shall be transferred to

2 the General Fund in the Treasury in accordance with the

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

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

5 UNITED STATES FISH AND WILDLIFE SERVICE

6 RESOURCE MANAGEMENT

7 For expenses necessary for scientific and economic

8 studies, conservation, management, investigations, protec9 tion, and utilization of sport fishery and wildlife resources,

10 except whales, seals, and sea lions, and for the perform11 ance of other authorized functions related to such re12 sources; for the general administration of the United

13 States Fish and Wildlife Service; and for maintenance of

14 the herd of long-horned cattle on the Wichita Mountains

15 Wildlife Refuge; and not less than $1,000,000 for high

16 priority projects within the scope of the approved budget

17 which shall be carried out by Youth Conservation Corps

18 as authorized by the Act of August 13, 1970, as amended

19 by Public Law 93–408, $492,229,000, of which

20 $11,799,000 shall be for operation and maintenance of

21 fishery mitigation facilities constructed by the Corps of

22 Engineers under the Lower Snake River Compensation

23 Plan, authorized by the Water Resources Development Act

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

25 resources from water development projects on the Lower
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1 Snake River, and which shall remain available until ex2 pended; and of which $2,500,000 shall be provided to the

3 National Fish and Wildlife Foundation for endangered

4 species activities: Provided, That such amount shall be

5 matched by at least an equal amount by the National Fish

6 and Wildlife Foundation.

7 CONSTRUCTION

8 For construction and acquisition of buildings and

9 other facilities required in the conservation, management,

10 investigation, protection, and utilization of sport fishery

11 and wildlife resources, and the acquisition of lands and

12 interests therein; $53,209,000, to remain available until

13 expended of which $1,800,000 shall be available as a grant

14 from the United States Fish and Wildlife Service to Ducks

15 Unlimited, Inc., for construction of the Federal portion

16 of the dike and pumping station at Metzger Marsh.

17 NATURAL RESOURCE DAMAGE ASSESSMENT AND

18 RESTORATION FUND

19 To conduct natural resource damage assessments and

20 restoration activities by the Department of the Interior

21 necessary to carry out the provisions of the Comprehensive

22 Environmental Response, Compensation, and Liability

23 Act, as amended (42 U.S.C. 9601, et seq.), Federal Water

24 Pollution Control Act, as amended (33 U.S.C. 1251, et

25 seq.), the Oil Pollution Act of 1990 (Public Law 101–

26 380), and the Act of July 27, 1990 (Public Law 101–
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1 337); $7,260,000, to remain available until expended: Pro2 vided, That notwithstanding any other provision of law,

3 any amounts appropriated or credited in fiscal year 1992

4 and thereafter, may be transferred to any account to carry

5 out the provisions of negotiated legal settlements or other

6 legal actions for restoration activities and to carry out the

7 provisions of the Comprehensive Environmental Response,

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

9 9601, et seq.), Federal Water Pollution Control Act, as

10 amended (33 U.S.C. 1251, et seq.), the Oil Pollution Act

11 of 1990 (Public Law 101–380), and the Act of July 27,

12 1990 (Public Law 101–337) for damage assessment ac13 tivities: Provided further, That sums provided by any party

14 are not limited to monetary payments and may include

15 stocks, bonds or other personal or real property, which

16 may be retained, liquidated or otherwise disposed of by

17 the Secretary and such sums or properties shall be utilized

18 for the restoration of injured resources, and to conduct

19 new damage assessment activities.

20 LAND ACQUISITION

21 For expenses necessary to carry out the provisions

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

23 as amended (16 U.S.C. 460l–4–11), including administra24 tive expenses, and for acquisition of land or waters, or in25 terest therein, in accordance with statutory authority ap26 plicable to the United States Fish and Wildlife Service,
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1 and for activities authorized under Public Law 98–244 to

2 be carried out by the National Fish and Wildlife Founda3 tion, $61,610,000, to be derived from the Land and Water

4 Conservation Fund, to remain available until expended.

5 COOPERATIVE ENDANGERED SPECIES CONSERVATION

6 FUND

7 For expenses necessary to carry out the provisions

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

9 1543), as amended by Public Law 100–478, $9,571,000

10 for Grants to States, to be derived from the Cooperative

11 Endangered Species Conservation Fund, and to remain

12 available until expended.

13 NATIONAL WILDLIFE REFUGE FUND

14 For expenses necessary to implement the Act of Octo15 ber 17, 1978 (16 U.S.C. 715s), $11,748,000.

16 REWARDS AND OPERATIONS

17 For expenses necessary to carry out the provisions

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

19 4201–4203, 4211–4213, 4221–4225, 4241–4245, and

20 1538), $1,169,000, to remain available until expended.

21 NORTH AMERICAN WETLANDS CONSERVATION FUND

22 For expenses necessary to carry out the provisions

23 of the North American Wetlands Conservation Act, Public

24 Law 101–233, $11,257,000, and in fiscal year 1992 and

25 thereafter, amounts received during the immediately pre26 ceding fiscal year under section 6 of the Migratory Bird
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1 Treaty Act (16 U.S.C. 707) as penalties or fines or from

2 forfeitures of property or collateral, to remain available

3 until expended.

4 WILDLIFE CONSERVATION AND APPRECIATION FUND

5 For deposit to the Wildlife Conservation and Appre6 ciation Fund, $1,000,000, to remain available until ex7 pended, to be available for carrying out the Partnerships

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

9 as provided in section 7105 of said Act.

10 ADMINISTRATIVE PROVISIONS

11 Appropriations and funds available to the United

12 States Fish and Wildlife Service shall be available for pur13 chase of not to exceed 130 passenger motor vehicles, of

14 which 112 are for replacement only (including 43 for po15 lice-type use); not to exceed $400,000 for payment, at the

16 discretion of the Secretary, for information, rewards, or

17 evidence concerning violations of laws administered by the

18 United States Fish and Wildlife Service, and miscellane19 ous and emergency expenses of enforcement activities, au20 thorized or approved by the Secretary and to be accounted

21 for solely on his certificate; repair of damage to public

22 roads within and adjacent to reservation areas caused by

23 operations of the United States Fish and Wildlife Service;

24 options for the purchase of land at not to exceed $1 for

25 each option; facilities incident to such public recreational

26 uses on conservation areas as are consistent with their pri-
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1 mary purpose; and the maintenance and improvement of

2 aquaria, buildings, and other facilities under the jurisdic3 tion of the United States Fish and Wildlife Service and

4 to which the United States has title, and which are utilized

5 pursuant to law in connection with management and in6 vestigation of fish and wildlife resources: Provided, That

7 the United States Fish and Wildlife Service may accept

8 donated aircraft as replacements for existing aircraft.

9 NATIONAL BIOLOGICAL SURVEY

10 RESEARCH, INVENTORIES, AND SURVEYS

11 For expenses necessary for scientific research relating

12 to species biology, population dynamics, and ecosystems;

13 inventory and monitoring activities; technology develop14 ment and transfer; the operation of Cooperative Research

15 Units; and for the general administration of the National

16 Biological Survey, $163,604,000, of which $162,177,000

17 shall remain available until September 30, 1995, and of

18 which $1,427,000 shall remain available until expended

19 for construction.

20 NATIONAL PARK SERVICE

21 OPERATION OF THE NATIONAL PARK SYSTEM

22 For expenses necessary for the management, oper23 ation, and maintenance of areas and facilities adminis24 tered by the National Park Service (including special road

25 maintenance service to trucking permittees on a reimburs-
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1 able basis), and for the general administration of the Na2 tional Park Service, including not to exceed $1,599,000

3 for the Volunteers-in-Parks program, $38,400 for a lump4 sum payment to Marlene Anita Hudson of Washington,

5 District of Columbia, which payment shall be in addition

6 to any other amount that is otherwise payable under any

7 other provision of law based on the death of James A.

8 Hudson, and not less than $1,000,000 for high priority

9 projects within the scope of the approved budget which

10 shall be carried out by Youth Conservation Corps as au11 thorized by the Act of August 13, 1970, as amended by

12 Public Law 93–408, $1,059,033,000, without regard to

13 the Act of August 24, 1912, as amended (16 U.S.C. 451),

14 of which not to exceed $78,559,000 to remain available

15 until expended is to be derived from the special fee account

16 established pursuant to title V, section 5201, of Public

17 Law 100–203.

18 NATIONAL RECREATION AND PRESERVATION

19 For expenses necessary to carry out recreation pro20 grams, natural programs, cultural programs, environ21 mental compliance and review, international park affairs,

22 statutory or contractual aid for other activities, and grant

23 administration, not otherwise provided for, $35,606,000.

24 HISTORIC PRESERVATION FUND

25 For expenses necessary in carrying out the provisions

26 of the Historic Preservation Act of 1966 (80 Stat. 915),
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1 as amended (16 U.S.C. 470), $40,000,000 to be derived

2 from the Historic Preservation Fund, established by sec3 tion 108 of that Act, as amended, to remain available for

4 obligation until September 30, 1995.

5 CONSTRUCTION

6 For construction, improvements, repair or replace7 ment of physical facilities, $184,949,000, to remain avail8 able until expended of which $2,000,000 for the Boston

9 Public Library shall be derived from the Historic Preser10 vation Fund pursuant to 16 U.S.C. 470a.

11 URBAN PARK AND RECREATION FUND

12 For expenses necessary to carry out the provisions

13 of the Urban Park and Recreation Recovery Act of 1978

14 (16 U.S.C. 2501–2514), $5,000,000, to remain available

15 until expended.

16 LAND AND WATER CONSERVATION FUND

17 (RESCISSION)

18 The contract authority provided for fiscal year 1994

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

20 LAND ACQUISITION AND STATE ASSISTANCE

21 For expenses necessary to carry out the provisions

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

23 as amended (16 U.S.C. 460l–4–11), including administra24 tive expenses, and for acquisition of lands or waters, or

25 interest therein, in accordance with statutory authority

26 applicable to the National Park Service, $89,460,000 to
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1 be derived from the Land and Water Conservation Fund,

2 to remain available until expended, of which $28,053,000

3 is for the State assistance program including $3,303,000

4 to administer the State assistance program: Provided,

5 That of the amounts previously appropriated to the Sec6 retary’s contingency fund for grants to States $9,000 shall

7 be available in 1994 for administrative expenses of the

8 State grant program.

9 JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS

10 For expenses necessary for operating and maintain11 ing the John F. Kennedy Center for the Performing Arts,

12 $20,629,000, of which $12,697,000 shall remain available

13 until expended.

14 ILLINOIS AND MICHIGAN CANAL NATIONAL HERITAGE

15 CORRIDOR COMMISSION

16 For operation of the Illinois and Michigan Canal Na17 tional Heritage Corridor Commission, $250,000.

18 ADMINISTRATIVE PROVISIONS

19 Appropriations for the National Park Service shall be

20 available for the purchase of not to exceed 447 passenger

21 motor vehicles, of which 323 shall be for replacement only,

22 including not to exceed 345 for police-type use, 12 buses,

23 and 5 ambulances: Provided, That none of the funds in

24 this Act may be used to upgrade the Burr Trail National

25 Rural Scenic Road in Utah except to meet health, safety

26 and environmental concerns: Provided further, That none
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1 of the funds appropriated to the National Park Service

2 may be used to process any grant or contract documents

3 which do not include the text of 18 U.S.C. 1913: Provided

4 further, That none of the funds in this Act may be used

5 to pay overtime to any individual employee of the United

6 States Park Police in excess of $20,000 per year: Provided

7 further, That none of the funds appropriated to the Na8 tional Park Service may be used to implement an agree9 ment for the redevelopment of the southern end of Ellis

10 Island until such agreement has been submitted to the

11 Congress and shall not be implemented prior to the expira12 tion of 30 calendar days (not including any day in which

13 either House of Congress is not in session because of ad14 journment of more than three calendar days to a day cer15 tain) from the receipt by the Speaker of the House of Rep16 resentatives and the President of the Senate of a full and

17 comprehensive report on the development of the southern

18 end of Ellis Island, including the facts and circumstances

19 relied upon in support of the proposed project.

20 UNITED STATES GEOLOGICAL SURVEY

21 SURVEYS, INVESTIGATIONS, AND RESEARCH

22 For expenses necessary for the United States Geo23 logical Survey to perform surveys, investigations, and re24 search covering topography, geology, hydrology, and the

25 mineral and water resources of the United States, its Ter-
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1 ritories and possessions, and other areas as authorized by

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

3 their mineral and water resources; give engineering super4 vision to power permittees and Federal Energy Regulatory

5 Commission licensees; administer the minerals exploration

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

7 data relative to the foregoing activities; $584,685,000, of

8 which $63,488,000 shall be available only for cooperation

9 with States or municipalities for water resources investiga10 tions: Provided, That no part of this appropriation shall

11 be used to pay more than one-half the cost of any topo12 graphic mapping or water resources investigations carried

13 on in cooperation with any State or municipality: Provided

14 further, That notwithstanding any other provision of law

15 a single procurement for the construction of an addition

16 to the EROS Data Center in Sioux Falls, South Dakota

17 may be issued which includes the full scope of the project:

18 Provided further, That the solicitation and the contract

19 shall contain the clause ‘‘availability of funds’’ found at

20 48 CFR 52.323.18.

21 ADMINISTRATIVE PROVISIONS

22 The amount appropriated for the United States Geo23 logical Survey shall be available for purchase of not to ex24 ceed 22 passenger motor vehicles, for replacement only;

25 reimbursement to the General Services Administration for

26 security guard services; contracting for the furnishing of
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1 topographic maps and for the making of geophysical or

2 other specialized surveys when it is administratively deter3 mined that such procedures are in the public interest; con4 struction and maintenance of necessary buildings and ap5 purtenant facilities; acquisition of lands for gauging sta6 tions and observation wells; expenses of the United States

7 National Committee on Geology; and payment of com8 pensation and expenses of persons on the rolls of the Unit9 ed States Geological Survey appointed, as authorized by

10 law, to represent the United States in the negotiation and

11 administration of interstate compacts: Provided, That ac12 tivities funded by appropriations herein made may be ac13 complished through the use of contracts, grants, or coop14 erative agreements as defined in Public Law 95–224.

15 MINERALS MANAGEMENT SERVICE

16 LEASING AND ROYALTY MANAGEMENT

17 For expenses necessary for minerals leasing and envi18 ronmental studies, regulation of industry operations, and

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

20 laws and regulations applicable to oil, gas, and other min21 erals leases, permits, licenses and operating contracts; and

22 for matching grants or cooperative agreements; including

23 the purchase of not to exceed eight passenger motor vehi24 cles for replacement only; $193,197,000, of which not less

25 than $65,896,000 shall be available for royalty manage-
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1 ment activities; and an amount not to exceed $5,000,000

2 for the Technical Information Management System of

3 Outer Continental Shelf (OCS) Lands Activity, to be cred4 ited to this appropriation and to remain available until ex5 pended, from additions to current preset receipts and from

6 additional fee collections relating to OCS administrative

7 activities performed by the Minerals Management Service

8 over and above what the Minerals Management Service

9 currently collects to offset its costs for these activities:

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

11 remain available until September 30, 1995: Provided fur12 ther, That funds appropriated under this Act shall be

13 available for the payment of interest in accordance with

14 30 U.S.C. 1721 (b) and (d): Provided further, That not

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

16 related to promoting volunteer beach and marine cleanup

17 activities: Provided further, That notwithstanding any

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

19 available for refunds of overpayments in connection with

20 certain Indian leases in which the Director of the Minerals

21 Management Service concurred with the claimed refund

22 due: Provided further, That the sixth proviso under the

23 heading ‘‘Leasing and Royalty Management’’ for the Min24 erals Management Service in Public Law 102–381 (106

25 Stat. 1385–1386) is amended by striking the words ‘‘this
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1 account’’ after the words ‘‘shall be credited to’’ and insert2 ing in lieu thereof ‘‘the leasing and royalty management

3 account of the Minerals Management Service’’.

4 OIL SPILL RESEARCH

5 For necessary expenses to carry out the purposes of

6 title I, section 1016, and title VII of the Oil Pollution Act

7 of 1990, $5,681,000, which shall be derived from the Oil

8 Spill Liability Trust Fund, to remain available until ex9 pended.

10 BUREAU OF MINES

11 MINES AND MINERALS

12 For expenses necessary for conducting inquiries,

13 technological investigations, and research concerning the

14 extraction, processing, use, and disposal of mineral sub15 stances without objectionable social and environmental

16 costs; to foster and encourage private enterprise in the de17 velopment of mineral resources and the prevention of

18 waste in the mining, minerals, metal, and mineral rec19 lamation industries; to inquire into the economic condi20 tions affecting those industries; to promote health and

21 safety in mines and the mineral industry through re22 search; and for other related purposes as authorized by

23 law, $169,336,000, of which $105,063,000 shall remain

24 available until expended.
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1 ADMINISTRATIVE PROVISIONS

2 The Secretary is authorized to accept lands, build3 ings, equipment, other contributions, and fees from public

4 and private sources, and to prosecute projects using such

5 contributions and fees in cooperation with other Federal,

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

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

8 directly or through any Government agency, including cor9 porations, any metal or mineral product that may be man10 ufactured in pilot plants operated by the Bureau of Mines,

11 and the proceeds of such sales shall be covered into the

12 Treasury as miscellaneous receipts.

13 OFFICE OF SURFACE MINING RECLAMATION AND

14 ENFORCEMENT

15 REGULATION AND TECHNOLOGY

16 For necessary expenses to carry out the provisions

17 of the Surface Mining Control and Reclamation Act of

18 1977, Public Law 95–87, as amended, including the pur19 chase of not to exceed 15 passenger motor vehicles for re20 placement only; $110,552,000, and notwithstanding 31

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

22 this account, to remain available until expended, from per23 formance bond forfeitures in fiscal year 1994: Provided,

24 That notwithstanding any other provision of law, the Sec25 retary of the Interior, pursuant to regulations, may utilize
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1 directly or through grants to States, moneys collected in

2 fiscal year 1994 pursuant to the assessment of civil pen3 alties under section 518 of the Surface Mining Control

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

5 lands adversely affected by coal mining practices after Au6 gust 3, 1977, to remain available until expended: Provided

7 further, That notwithstanding any other provisions of law,

8 appropriations for the Office of Surface Mining Reclama9 tion and Enforcement may provide for the travel and per

10 diem expenses of State and tribal personnel attending Of11 fice of Surface Mining Reclamation and Enforcement

12 sponsored training.

13 ABANDONED MINE RECLAMATION FUND

14 For necessary expenses to carry out the provisions

15 of title IV of the Surface Mining Control and Reclamation

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

17 the purchase of not more than 22 passenger motor vehicles

18 for replacement only, $190,107,000 to be derived from re19 ceipts of the Abandoned Mine Reclamation Fund and to

20 remain available until expended: Provided, That of the

21 funds herein provided up to $20,000,000 may be used for

22 the emergency program authorized by section 410 of Pub23 lic Law 95–87, as amended, of which no more than 25

24 per centum shall be used for emergency reclamation

25 projects in any one State and funds for Federally-adminis26 tered emergency reclamation projects under this proviso
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1 shall not exceed $12,000,000: Provided further, That 16

2 full-time equivalent positions are to be maintained in the

3 Anthracite Reclamation Program at the Wilkes-Barre

4 Field Office: Provided further, That pursuant to Public

5 Law 97–365, the Department of the Interior is authorized

6 to utilize up to 20 per centum from the recovery of the

7 delinquent debt owed to the United States Government to

8 pay for contracts to collect these debts.

9 BUREAU OF INDIAN AFFAIRS

10 OPERATION OF INDIAN PROGRAMS

11 For operation of Indian programs by direct expendi12 ture, contracts, cooperative agreements, and grants in13 cluding expenses necessary to provide education and wel14 fare services for Indians, either directly or in cooperation

15 with States and other organizations, including payment of

16 care, tuition, assistance, and other expenses of Indians in

17 boarding homes, or institutions, or schools; grants and

18 other assistance to needy Indians; maintenance of law and

19 order; management, development, improvement, and pro20 tection of resources and appurtenant facilities under the

21 jurisdiction of the Bureau of Indian Affairs, including pay22 ment of irrigation assessments and charges; acquisition of

23 water rights; advances for Indian industrial and business

24 enterprises; operation of Indian arts and crafts shops and

25 museums; development of Indian arts and crafts, as au-
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1 thorized by law; for the general administration of the Bu2 reau of Indian Affairs, including such expenses in field

3 offices; maintaining of Indian reservation roads as defined

4 in section 101 of title 23, United States Code; and con5 struction, repair, and improvement of Indian housing,

6 $1,492,650,000, including $316,111,000 for school oper7 ations costs of Bureau-funded schools and other education

8 programs which shall become available for obligation on

9 July 1, 1994, and shall remain available for obligation

10 until September 30, 1995, and $52,582,000 for housing

11 and road maintenance programs, to remain available until

12 expended, and of which, payments of funds obligated as

13 grants to schools pursuant to Public Law 100–297 shall

14 be made on July 1 and December 1 in lieu of the payments

15 authorized to be made on October 1 and January 1 of

16 each calendar year, and of which not to exceed

17 $74,764,000 for higher education scholarships, adult voca18 tional training, and assistance to public schools under the

19 Act of April 16, 1934 (48 Stat. 596), as amended (25

20 U.S.C. 452 et seq.), shall remain available for obligation

21 until September 30, 1995; and the funds made available

22 to tribes and tribal organizations through contracts or

23 grants obligated during fiscal year 1994 as authorized by

24 the Indian Self-Determination Act of 1975 (88 Stat.

25 2203; 25 U.S.C. 450 et seq.), or grants authorized by the
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1 Indian Education Amendments of 1988 (25 U.S.C. 2001

2 and 2008A) shall remain available until expended by the

3 contractor or grantee; and of which $1,983,000 for litiga4 tion support shall remain available until expended,

5 $4,934,000 for self-governance tribal compacts shall be

6 made available on completion and submission of such com7 pacts to the Congress, and shall remain available until ex8 pended; and of which $1,179,000 for expenses necessary

9 to carry out the provisions of section 19(a) of Public Law

10 93–531 (25 U.S.C. 640d–18(a)), shall remain available

11 until expended: Provided, That none of the funds appro12 priated to the Bureau of Indian Affairs shall be expended

13 as matching funds for programs funded under section

14 103(b)(2) of the Carl D. Perkins Vocational Education

15 Act: Provided further, That $199,000 of the funds made

16 available in this Act shall be available for cyclical mainte17 nance of tribally owned fish hatcheries and related facili18 ties: Provided further, That none of the funds in this Act

19 shall be used by the Bureau of Indian Affairs to transfer

20 funds under a contract with any third party for the man21 agement of tribal or individual Indian trust funds until

22 the funds held in trust for all such tribes or individuals

23 have been audited and reconciled to the earliest possible

24 date, the results of such reconciliation have been certified

25 by an independent party as the most complete reconcili-
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1 ation of such funds possible, and the affected tribe or indi2 vidual has been provided with an accounting of such

3 funds: Provided further, That notwithstanding any other

4 provision of law, the statute of limitations shall not com5 mence to run on any claim, including any claim in litiga6 tion pending on the date of this Act, concerning losses to

7 or mismanagement of trust funds, until the affected tribe

8 or individual Indian has been furnished with the account9 ing of such funds from which the beneficiary can deter10 mine whether there has been a loss: Provided further, That

11 $297,000 of the amounts provided for education program

12 management shall be available for a grant to the Close

13 Up Foundation: Provided further, That the Task Force on

14 Bureau of Indian Affairs Reorganization shall continue

15 activities under its charter as adopted and amended on

16 April 17, 1991: Provided further, That to provide funding

17 uniformity within a Self-Governance Compact, any funds

18 provided in this Act with availability for more than one

19 year may be reprogrammed to one year availability but

20 shall remain available within the Compact until expended:

21 Provided further, That notwithstanding any other provi22 sion of law, Indian tribal governments may, by appropriate

23 changes in eligibility criteria or by other means, change

24 eligibility for general assistance or change the amount of

25 general assistance payments for individuals within the
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1 service area of such tribe who are otherwise deemed eligi2 ble for general assistance payments so long as such

3 changes are applied in a consistent manner to individuals

4 similarly situated: Provided further, That any savings real5 ized by such changes shall be available for use in meeting

6 other priorities of the tribes: Provided further, That any

7 such change must be part of a comprehensive tribal plan

8 for reducing the long-term need for general assistance

9 payments: Provided further, That any such tribal plan

10 must incorporate, to the greatest extent feasible, currently

11 existing social service, educational training, and employ12 ment assistance resources prior to changing general assist13 ance eligibility or payment standards which would have

14 the effect of increasing the cost of general assistance: Pro15 vided further, That any net increase in costs to the Federal

16 government which result solely from tribally increased

17 payment levels and which are not part of such a com18 prehensive tribal plan shall be met exclusively from funds

19 available to the tribe from within its tribal priority alloca20 tion: Provided further, That any forestry funds allocated

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

22 1994, may be transferred during fiscal year 1995 to an

23 Indian forest land assistance account established for the

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

25 Provided further, That any such unobligated balances not
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1 so transferred shall expire on September 30, 1995: Pro2 vided further, That notwithstanding any other provision of

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

4 other than the amounts provided herein for assistance to

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

6 596), as amended (25 U.S.C. 452 et seq.), shall be avail7 able to support the operation of any elementary or second8 ary school in the State of Alaska in fiscal year 1994: Pro9 vided further, That the Bureau shall form a Joint Task

10 Force with representatives of Alaska Natives and Alaska

11 schools to examine the needs of the schools and formulate

12 recommendations to address those needs in fiscal year

13 1994.

14 CONSTRUCTION

15 For construction, major repair, and improvement of

16 irrigation and power systems, buildings, utilities, and

17 other facilities, including architectural and engineering

18 services by contract; acquisition of lands and interests in

19 lands; and preparation of lands for farming,

20 $172,799,000, to remain available until expended: Pro21 vided, That $1,500,000 of the funds made available in this

22 Act shall be available for rehabilitation of tribally owned

23 fish hatcheries and related facilities: Provided further,

24 That such amounts as may be available for the construc25 tion of the Navajo Indian Irrigation Project and for other

26 water resource development activities related to the Salt
26

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1 River Pima-Maricopa Water Rights Settlement Act,

2 Southern Arizona Water Rights Settlement Act and Fort

3 McDowell Indian Community Water Rights Settlement

4 Act may be transferred to the Bureau of Reclamation:

5 Provided further, That not to exceed 6 per centum of con6 tract authority available to the Bureau of Indian Affairs

7 from the Federal Highway Trust Fund may be used to

8 cover the road program management costs of the Bureau

9 of Indian Affairs: Provided further, That any funds pro10 vided for the Safety of Dams program pursuant to 25

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

12 basis.

13 INDIAN LAND AND WATER CLAIM SETTLEMENTS AND

14 MISCELLANEOUS PAYMENTS TO INDIANS

15 For miscellaneous payments to Indian tribes and in16 dividuals for implementation of enacted Indian land and

17 water claim settlements pursuant to Public Laws 87–483,

18 97–293, 100–512, 101–486, 101–602, 101–618, 101–

19 628, 102–441, 102–575, and for implementation of other

20 enacted water rights settlements, and for necessary ad21 ministrative expenses, $103,259,000, to remain available

22 until expended: Provided, That of the funds provided here23 in, $1,260,000 shall be available pursuant to Public Laws

24 96–420, 98–500, 99–264, and 100–580; and $3,000,000

25 shall be available (1) to liquidate obligations owed tribal

26 and individual Indian payees of any checks canceled pur-
27

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1 suant to section 1003 of the Competitive Equality Bank2 ing Act of 1987 (Public Law 100–86 (101 Stat. 659)),

3 31 U.S.C. 3334(b), and (2) to restore to Individual Indian

4 Monies trust funds amounts invested in credit unions or

5 defaulted savings and loan associations and which were

6 not Federally insured, including any interest on these

7 amounts that may have been earned, but was not because

8 of the default.

9 NAVAJO REHABILITATION TRUST FUND

10 For Navajo tribal rehabilitation and improvement ac11 tivities in accordance with the provisions of section 32(d)

12 of Public Law 93–531, as amended (25 U.S.C. 640d–30),

13 including necessary administrative expenses, $2,466,000,

14 to remain available until expended.

15 TECHNICAL ASSISTANCE OF INDIAN ENTERPRISES

16 For payment of management and technical assistance

17 requests associated with loans and grants approved under

18 the Indian Financing Act of 1974, as amended,

19 $1,970,000.

20 INDIAN DIRECT LOAN PROGRAM ACCOUNT

21 For the cost, as defined in section 13201 of the

22 Budget Enforcement Act of 1990, including the cost of

23 modifying loans, of expert assistance loans authorized by

24 the Act of November 4, 1963, as amended, and the cost

25 of direct loans authorized by the Indian Financing Act of

26 1974, as amended, $2,484,000: Provided, That these
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1 funds are available to subsidize gross obligations for the

2 principal amount of direct loans not to exceed

3 $10,890,000.

4 INDIAN GUARANTEED LOAN PROGRAM ACCOUNT

5 For the cost of guaranteed loans, $8,784,000, as au6 thorized by the Indian Financing Act of 1974, as amend7 ed: Provided, That such costs including the cost of modify8 ing such loans, shall be as defined in section 502 of the

9 Congressional Budget Act of 1974, as amended: Provided

10 further, That these funds are available to subsidize total

11 loan principal any part of which is to be guaranteed not

12 to exceed $69,000,000.

13 In addition, for administrative expenses necessary to

14 carry out the guaranteed loan program, $906,000.

15 ADMINISTRATIVE PROVISIONS

16 Appropriations for the Bureau of Indian Affairs (ex17 cept the revolving fund for loans, the Indian loan guaran18 tee and insurance fund, the Technical Assistance of Indian

19 Enterprises account, the Indian Direct Loan Program ac20 count, and the Indian Guaranteed Loan Program account)

21 shall be available for expenses of exhibits, and purchase

22 of not to exceed 260 passenger carrying motor vehicles,

23 of which not to exceed 212 shall be for replacement only.
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1 TERRITORIAL AND INTERNATIONAL AFFAIRS

2 ADMINISTRATION OF TERRITORIES

3 For expenses necessary for the administration of ter4 ritories under the jurisdiction of the Department of the

5 Interior, $82,107,000, of which (1) $77,569,000 shall be

6 available until expended for technical assistance, including

7 maintenance assistance, disaster assistance, drug interdic8 tion and abuse prevention, insular management controls,

9 and brown tree snake control and research; grants to the

10 judiciary in American Samoa for compensation and ex11 penses, as authorized by law (48 U.S.C. 1661(c)); grants

12 to the Government of American Samoa, in addition to cur13 rent local revenues, for construction and support of gov14 ernmental functions; grants to the Government of the Vir15 gin Islands as authorized by law; grants to the Govern16 ment of Guam, as authorized by law; and grants to the

17 Government of the Northern Mariana Islands as author18 ized by law (Public Law 94–241; 90 Stat. 272); and (2)

19 $4,538,000 shall be available for salaries and expenses of

20 the Office of Territorial and International Affairs: Pro21 vided, That all financial transactions of the territorial and

22 local governments herein provided for, including such

23 transactions of all agencies or instrumentalities estab24 lished or utilized by such governments, shall be audited

25 by the General Accounting Office, in accordance with
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1 chapter 35 of title 31, United States Code: Provided fur2 ther, That Northern Mariana Islands Covenant grant

3 funding shall be provided according to those terms of the

4 Agreement of the Special Representatives on Future Unit5 ed States Financial Assistance for the Northern Mariana

6 Islands approved by Public Law 99–396, except that

7 should the Secretary of the Interior believe that the per8 formance standards of such agreement are not being met,

9 operations funds may be withheld, but only by Act of Con10 gress as required by Public Law 99–396: Provided further,

11 That $1,025,000 of the amounts provided for technical as12 sistance shall be available for a grant to the Close Up

13 Foundation.

14 TRUST TERRITORY OF THE PACIFIC ISLANDS

15 For expenses necessary for the Department of the In16 terior in administration of the Trust Territory of the Pa17 cific Islands pursuant to the Trusteeship Agreement ap18 proved by joint resolution of July 18, 1947 (61 Stat. 397),

19 and the Act of June 30, 1954 (68 Stat. 330), as amended

20 (90 Stat. 299; 91 Stat. 1159; 92 Stat. 495), and grants

21 to the Trust Territory of the Pacific Islands, in addition

22 to local revenues, for support of governmental functions;

23 $24,038,000, to remain available until expended, including

24 $18,605,000 for operations of the Government of Palau:

25 Provided, That all financial transactions of the Trust Ter26 ritory, including such transactions of all agencies or in-
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1 strumentalities established or utilized by such Trust Terri2 tory, shall be audited by the General Accounting Office

3 in accordance with chapter 35 of title 31, United States

4 Code: Provided further, That all Government operations

5 funds appropriated and obligated for the Republic of

6 Palau under this account for fiscal year 1994 shall be

7 credited as an offset against fiscal year 1994 payments

8 made pursuant to the legislation approving the Palau

9 Compact of Free Association (Public Law 99–658), if such

10 Compact is implemented before October 1, 1994: Provided

11 further, That not less than $300,000 of the grants to the

12 Republic of Palau, for support of governmental functions,

13 shall be dedicated to the College of Micronesia in accord14 ance with the agreement between the Micronesian entities.

15 COMPACT OF FREE ASSOCIATION

16 For economic assistance and necessary expenses for

17 the Federated States of Micronesia and the Republic of

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

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

20 $22,102,000, to remain available until expended, as au21 thorized by Public Law 99–239: Provided, That the effec22 tive date of the Palau Compact for purposes of economic

23 assistance pursuant to the Palau Compact of Free Asso24 ciation, Public Law 99–658, shall be the effective date of

25 the Palau Compact as determined pursuant to section 101

26 of Public Law 101–219.
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1 DEPARTMENTAL OFFICES

2 OFFICE OF THE SECRETARY

3 SALARIES AND EXPENSES

4 For necessary expenses of the Office of the Secretary

5 of the Interior, $64,111,000 of which not to exceed $7,500

6 may be for official reception and representation expenses.

7 OFFICE OF THE SOLICITOR

8 SALARIES AND EXPENSES

9 For necessary expenses of the Office of the Solicitor,

10 $33,359,000.

11 OFFICE OF INSPECTOR GENERAL

12 SALARIES AND EXPENSES

13 For necessary expenses of the Office of the Inspector

14 General, $24,283,000.

15 CONSTRUCTION MANAGEMENT

16 SALARIES AND EXPENSES

17 For necessary expenses of the Office of Construction

18 Management, $2,494,000.

19 NATIONAL INDIAN GAMING COMMISSION

20 SALARIES AND EXPENSES

21 For necessary expenses of the National Indian Gam22 ing Commission, pursuant to Public Law 100–497,

23 $1,000,000.

24 ADMINISTRATIVE PROVISIONS

25 There is hereby authorized for acquisition from avail26 able resources within the Working Capital Fund, 18 air-
33

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1 craft, 10 of which shall be for replacement and which may

2 be obtained by donation, purchase or through available ex3 cess surplus property: Provided, That notwithstanding any

4 other provision of law, existing aircraft being replaced may

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

6 offset the purchase price for the replacement aircraft: Pro7 vided further, That no programs funded with appropriated

8 funds in the ‘‘Office of the Secretary’’, ‘‘Office of the So9 licitor’’, and ‘‘Office of Inspector General’’ may be aug10 mented through the Working Capital Fund or the Consoli11 dated Working Fund.

12 GENERAL PROVISIONS, DEPARTMENT OF THE

13 INTERIOR

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

15 available for expenditure or transfer (within each bureau

16 or office), with the approval of the Secretary, for the emer17 gency reconstruction, replacement, or repair of aircraft,

18 buildings, utilities, or other facilities or equipment dam19 aged or destroyed by fire, flood, storm, or other unavoid20 able causes: Provided, That no funds shall be made avail21 able under this authority until funds specifically made

22 available to the Department of the Interior for emer23 gencies shall have been exhausted: Provided further, That

24 all funds used pursuant to this section are hereby des25 ignated by Congress to be ‘‘emergency requirements’’ pur-
34

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1 suant to section 251(b)(2)(D) of the Balanced Budget and

2 Emergency Deficit Control Act of 1985 and must be re3 plenished by a supplemental appropriation which must be

4 requested as promptly as possible.

5 SEC. 102. The Secretary may authorize the expendi6 ture or transfer of any no year appropriation in this title,

7 in addition to the amounts included in the budget pro8 grams of the several agencies, for the suppression or emer9 gency prevention of forest or range fires on or threatening

10 lands under the jurisdiction of the Department of the Inte11 rior; for the emergency rehabilitation of burned-over lands

12 under its jurisdiction; for emergency actions related to po13 tential or actual earthquakes, floods, volcanoes, storms, or

14 other unavoidable causes; for contingency planning subse15 quent to actual oilspills; response and natural resource

16 damage assessment activities related to actual oilspills; for

17 the prevention, suppression, and control of actual or po18 tential grasshopper and Mormon cricket outbreaks on

19 lands under the jurisdiction of the Secretary, pursuant to

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

21 (99 Stat. 1658); for emergency reclamation projects under

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

23 any no year funds available to the Office of Surface Min24 ing Reclamation and Enforcement, such funds as may be

25 necessary to permit assumption of regulatory authority in
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1 the event a primacy State is not carrying out the regu2 latory provisions of the Surface Mining Act: Provided,

3 That appropriations made in this title for fire suppression

4 purposes shall be available for the payment of obligations

5 incurred during the preceding fiscal year, and for reim6 bursement to other Federal agencies for destruction of ve7 hicles, aircraft, or other equipment in connection with

8 their use for fire suppression purposes, such reimburse9 ment to be credited to appropriations currently available

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

11 emergency rehabilitation and wildfire suppression activi12 ties, no funds shall be made available under this authority

13 until funds appropriated to the ‘‘Emergency Department

14 of the Interior Firefighting Fund’’ shall have been ex15 hausted: Provided further, That all funds used pursuant

16 to this section are hereby designated by Congress to be

17 ‘‘emergency requirements’’ pursuant to section

18 251(b)(2)(D) of the Balanced Budget and Emergency

19 Deficit Control Act of 1985 and must be replenished by

20 a supplemental appropriation which must be requested as

21 promptly as possible: Provided further, That such replen22 ishment funds shall be used to reimburse, on a pro rata

23 basis, accounts from which emergency funds were trans24 ferred.
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1 SEC. 103. Appropriations made in this title shall be

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

3 similar facilities, wherever consolidation of activities will

4 contribute to efficiency or economy, and said appropria5 tions shall be reimbursed for services rendered to any

6 other activity in the same manner as authorized by sec7 tions 1535 and 1536 of title 31, U.S.C.: Provided, That

8 reimbursements for costs and supplies, materials, equip9 ment, and for services rendered may be credited to the

10 appropriation current at the time such reimbursements

11 are received.

12 SEC. 104. Appropriations made to the Department

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

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

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

16 maintenance, and operation of aircraft; hire of passenger

17 motor vehicles; purchase of reprints; payment for tele18 phone service in private residences in the field, when au19 thorized under regulations approved by the Secretary; and

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

21 for library membership in societies or associations which

22 issue publications to members only or at a price to mem23 bers lower than to subscribers who are not members.

24 SEC. 105. Appropriations available to the Depart25 ment of the Interior for salaries and expenses shall be
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1 available for uniforms or allowances therefor, as author2 ized by law (5 U.S.C. 5901–5902 and D.C. Code 4–204).

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

4 available for obligation in connection with contracts issued

5 by the General Services Administration for services or

6 rentals for periods not in excess of twelve months begin7 ning at any time during the fiscal year.

8 SEC. 107. No funds provided in this title may be ex9 pended by the Department of the Interior for the conduct

10 of offshore leasing and related activities placed under re11 striction in the President’s moratorium statement of June

12 26, 1990, in the areas of Northern, Central, and Southern

13 California; the North Atlantic; Washington and Oregon;

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

15 latitude and east of 86 degrees west longitude.

16 SEC. 108. No funds provided in this title may be ex17 pended by the Department of the Interior for the conduct

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

19 or other exploration activity, on lands within the North

20 Aleutian Basin planning area.

21 SEC. 109. No funds provided in this title may be ex22 pended by the Department of the Interior for the conduct

23 of preleasing and leasing activities in the Eastern Gulf of

24 Mexico for Outer Continental Shelf Lease Sale 137 or for

25 Sale 151 in the April 1992 proposal for the Outer Con-
38

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1 tinental Shelf Natural Gas and Oil Resource Management

2 Comprehensive Program, 1992–1997.

3 SEC. 110. No funds provided in this title may be ex4 pended by the Department of the Interior for the conduct

5 of preleasing and leasing activities in the Atlantic for

6 Outer Continental Shelf Lease Sale 164 in the April 1992

7 proposal for the Outer Continental Shelf Natural Gas and

8 Oil Resource Management Comprehensive Program,

9 1992–1997.

10 SEC. 111. None of the funds appropriated or other11 wise made available pursuant to this Act shall be obligated

12 or expended to accept or process applications for a patent

13 for any mining or mill site claim located under the general

14 mining laws or to issue a patent for any mining or mill

15 site claim located under the general mining laws.

16 SEC. 112. The provisions of section 112 shall not

17 apply if the Secretary of the Interior determines that, for

18 the claim concerned: (1) a patent application was filed

19 with the Secretary on or before the date of enactment of

20 this Act, and (2) all requirements established under sec21 tions 2325 and 2326 of the Revised Statutes (30 U.S.C.

22 29 and 30) for vein or lode claims and sections 2329,

23 2330, 2331, and 2333 of the Revised Statutes (30 U.S.C.

24 35, 36, and 37) for placer claims, and section 2337 of
39

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1 the Revised Statutes (30 U.S.C. 42) for mill site claims,

2 as the case may be, were fully complied with by that date.

3 SEC. 113. None of the funds in this Act may be used

4 to publish a National final rule defining the term ‘‘valid

5 existing rights’’ for purposes of section 522(e) of the Sur6 face Mining Control and Reclamation Act of 1977 or to

7 publish a final rule disapproving any existing State defini8 tion of valid existing rights.

9 SEC. 114. None of the funds appropriated or other10 wise made available in this title may be used to fund oper11 ation or support of Grazing Advisory Boards established

12 by order of the Secretary of the Interior.

13 TITLE II—RELATED AGENCIES

14 DEPARTMENT OF AGRICULTURE

15 FOREST SERVICE

16 FOREST RESEARCH

17 For necessary expenses of forest research as author18 ized by law, $193,083,000, to remain available until Sep19 tember 30, 1995.

20 INTERNATIONAL FORESTRY

21 For necessary expenses of international forestry as

22 authorized by Public Laws 101–513 and 101–624,

23 $11,996,000, to remain available until September 30,

24 1995.
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HR 2520 EH

1 STATE AND PRIVATE FORESTRY

2 For necessary expenses of cooperating with, and pro3 viding technical and financial assistance to States, Terri4 tories, possessions, and others; and for forest pest man5 agement activities, $148,955,000, to remain available

6 until expended, as authorized by law: Provided, That of

7 the funds previously appropriated under this head as a

8 grant to the National Tree Trust Foundation, $3,000,000

9 shall be provided as a grant to the Texas Reforestation

10 Foundation.

11 EMERGENCY PEST SUPPRESSION FUND

12 For necessary expenses for emergency suppression of

13 pests, $15,000,000, to remain available until expended:

14 Provided, That these funds, or any portion thereof, shall

15 be available in fiscal year 1994 only to the extent that

16 the President notifies the Congress of his designation of

17 any or all of these amounts as emergency requirements

18 under section 251(b)(2)(D) of the Balanced Budget and

19 Emergency Deficit Control Act of 1985: Provided further,

20 That Congress hereby designates these amounts as emer21 gency requirements pursuant to section 251(b)(2)(D) of

22 the Balanced Budget and Emergency Deficit Control Act

23 of 1985.

24 NATIONAL FOREST SYSTEM

25 For necessary expenses of the Forest Service, not

26 otherwise provided for, for management, protection, im-
41

HR 2520 EH

1 provement, and utilization of the National Forest System,

2 and for administrative expenses associated with the man3 agement of funds provided under the heads ‘‘Forest Re4 search’’, ‘‘State and Private Forestry’’, ‘‘National Forest

5 System’’, ‘‘Construction’’, ‘‘Forest Service Fire Protec6 tion’’, ‘‘Emergency Forest Service Firefighting Fund’’,

7 ‘‘Forest Service Law Enforcement’’, and ‘‘Land Acquisi8 tion’’, $1,237,272,000, to remain available for obligation

9 until September 30, 1995, and including 65 per centum

10 of all monies received during the prior fiscal year as fees

11 collected under the Land and Water Conservation Fund

12 Act of 1965, as amended, in accordance with section 4

13 of the Act (16 U.S.C. 460l–6a(i)): Provided, That unobli14 gated and unexpended balances in the National Forest

15 System account at the end of fiscal year 1993, shall be

16 merged with and made a part of the fiscal year 1994 Na17 tional Forest System appropriation, and shall remain

18 available for obligation until September 30, 1995: Pro19 vided further, That timber volume authorized or scheduled

20 for sale during fiscal year 1993, but which remains unsold

21 at the end of fiscal year 1993, shall be offered for sale

22 during fiscal year 1994 in addition to the fiscal year 1994

23 timber sale volume to the extent possible: Provided further,

24 That up to $5,000,000 of the funds provided herein for
42

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1 road maintenance shall be available for the planned oblit2 eration of roads which are no longer needed.

3 FOREST SERVICE LAW ENFORCEMENT

4 For necessary expenses for Forest Service law en5 forcement, including criminal investigations, as authorized

6 by law, $67,781,000, to remain available for obligation

7 until September 30, 1995.

8 FOREST SERVICE FIRE PROTECTION

9 For necessary expenses for firefighting on or adjacent

10 to National Forest System lands or other lands under fire

11 protection agreement, and for forest fire management and

12 presuppression on National Forest System lands,

13 $190,108,000, to remain available until expended: Pro14 vided, That unexpended balances of amounts previously

15 appropriated for this purpose under the heading ‘‘Forest

16 Service Firefighting’’, Forest Service, may be transferred

17 to and merged with this appropriation and accounted for

18 as one appropriation for the same time period as originally

19 enacted.

20 EMERGENCY FOREST SERVICE FIREFIGHTING FUND

21 For necessary expenses for emergency rehabilitation,

22 presuppression due to emergencies or economic efficiency,

23 and wildfire suppression activities of the Forest Service,

24 $190,222,000, to remain available until expended: Pro25 vided, That such funds are available for repayment of ad-
43

HR 2520 EH

1 vances from other appropriation accounts previously

2 transferred for such purposes.

3 CONSTRUCTION

4 For necessary expenses of the Forest Service, not

5 otherwise provided for, for construction, $237,423,000, to

6 remain available until expended, of which $96,495,000 is

7 for construction and acquisition of buildings and other fa8 cilities; and $140,228,000 is for construction and repair

9 of forest roads and trails by the Forest Service as author10 ized by 16 U.S.C. 532–538 and 23 U.S.C. 101 and 205:

11 Provided, That funds becoming available in fiscal year

12 1994 under the Act of March 4, 1913 (16 U.S.C. 501)

13 shall be transferred to the General Fund of the Treasury

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

15 $60,000,000, to remain available until expended, may be

16 obligated for the construction of forest roads by timber

17 purchasers.

18 LAND ACQUISITION

19 For expenses necessary to carry out the provisions

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

21 as amended (16 U.S.C. 460l–4–11), including administra22 tive expenses, and for acquisition of land or waters, or in23 terest therein, in accordance with statutory authority ap24 plicable to the Forest Service, $56,700,000, to be derived

25 from the Land and Water Conservation Fund, to remain

26 available until expended and $300,000 which shall be de-
44

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1 rived from funds appropriated under this head in Public

2 Law 101–512 for acquisition of land and interests therein

3 at and near the Old Chief Joseph Gravesite and which

4 shall be available for all activities under this heading.

5 ACQUISITION OF LANDS FOR NATIONAL FORESTS

6 SPECIAL ACTS

7 For acquisition of lands within the exterior bound8 aries of the Cache, Uinta, and Wasatch National Forests,

9 Utah; the Toiyabe National Forest, Nevada; and the An10 geles, San Bernardino, Sequoia, and Cleveland National

11 Forests, California, as authorized by law, $1,212,000, to

12 be derived from forest receipts.

13 ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES

14 For acquisition of lands, to be derived from funds de15 posited by State, county, or municipal governments, public

16 school districts, or other public school authorities pursuant

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

18 484a), to remain available until expended.

19 RANGE BETTERMENT FUND

20 For necessary expenses of range rehabilitation, pro21 tection, and improvement, 50 per centum of all moneys

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

23 domestic livestock on lands in National Forests in the six24 teen Western States, pursuant to section 401(b)(1) of

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

26 expended, of which not to exceed 6 per centum shall be
45

HR 2520 EH

1 available for administrative expenses associated with on2 the-ground range rehabilitation, protection, and improve3 ments.

4 GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND

5 RANGELAND RESEARCH

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

7 $96,000, to remain available until expended, to be derived

8 from the fund established pursuant to the above Act.

9 ADMINISTRATIVE PROVISIONS, FOREST SERVICE

10 Appropriations to the Forest Service for the current

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

12 exceed 182 passenger motor vehicles of which 20 will be

13 used primarily for law enforcement purposes and of which

14 164 shall be for replacement only, of which acquisition of

15 122 passenger motor vehicles shall be from excess sources,

16 and hire of such vehicles; operation and maintenance of

17 aircraft, the purchase of not to exceed two for replacement

18 only, and acquisition of 28 aircraft from excess sources;

19 notwithstanding other provisions of law, existing aircraft

20 being replaced may be sold, with proceeds derived or

21 trade-in value used to offset the purchase price for the

22 replacement aircraft; (b) services pursuant to the second

23 sentence of section 706(a) of the Organic Act of 1944 (7

24 U.S.C. 2225), and not to exceed $100,000 for employment

25 under 5 U.S.C. 3109; (c) purchase, erection, and alter26 ation of buildings and other public improvements (7
46

HR 2520 EH

1 U.S.C. 2250); (d) acquisition of land, waters, and inter2 ests therein, pursuant to the Act of August 3, 1956 (7

3 U.S.C. 428a); (e) for expenses pursuant to the Volunteers

4 in the National Forest Act of 1972 (16 U.S.C. 558a,

5 558d, 558a note); and (f) for debt collection contracts in

6 accordance with 31 U.S.C. 3718(c).

7 None of the funds made available under this Act shall

8 be obligated or expended to change the boundaries of any

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

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

11 Forest System administration of the Forest Service, De12 partment of Agriculture, without the consent of the House

13 and Senate Committees on Appropriations and the Com14 mittee on Agriculture, Nutrition, and Forestry in the

15 United States Senate and the Committee on Agriculture

16 in the United States House of Representatives.

17 Any appropriations or funds available to the Forest

18 Service may be advanced to the Forest Service Firefight19 ing appropriation and may be used for forest firefighting

20 and the emergency rehabilitation of burned-over lands

21 under its jurisdiction: Provided, That no funds shall be

22 made available under this authority until funds appro23 priated to the ‘‘Emergency Forest Service Firefighting

24 Fund’’ shall have been exhausted.
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1 The appropriation structure for the Forest Service

2 may not be altered without advanced approval of the

3 House and Senate Committees on Appropriations.

4 Funds appropriated to the Forest Service shall be

5 available for assistance to or through the Agency for Inter6 national Development and the Office of International Co7 operation and Development in connection with forest and

8 rangeland research, technical information, and assistance

9 in foreign countries, and shall be available to support for10 estry and related natural resource activities outside the

11 United States and its territories and possessions, includ12 ing technical assistance, education and training, and co13 operation with United States and international organiza14 tions.

15 All funds received for timber salvage sales may be

16 credited to the Forest Service Permanent Appropriations

17 to be expended for timber salvage sales from any national

18 forest.

19 None of the funds made available to the Forest Serv20 ice under this Act shall be subject to transfer under the

21 provisions of section 702(b) of the Department of Agri22 culture Organic Act of 1944 (7 U.S.C. 2257) or 7 U.S.C.

23 147b unless the proposed transfer is approved in advance

24 by the House and Senate Committees on Appropriations
48

HR 2520 EH

1 in compliance with the reprogramming procedures con2 tained in House Report 102–116.

3 No funds appropriated to the Forest Service shall be

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

6 the Forest Service.

7 Notwithstanding any other provision of law, any ap8 propriations or funds available to the Forest Service may

9 be used to disseminate program information to private and

10 public individuals and organizations through the use of

11 nonmonetary items of nominal value and to provide

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

14 individuals and organizations that make contributions to

15 Forest Service programs.

16 Notwithstanding any other provision of law, money

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

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

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

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

21 permit applications and for costs incurred in monitoring

22 the construction, operation, maintenance, and termination

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

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

3 for high priority projects within the scope of the approved

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

6 as amended by Public Law 93–408.

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

8 for timber sale preparation using clearcutting in hardwood

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

12 stands damaged by natural disaster: Provided further,

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

15 None of the funds made available to the Forest Serv16 ice in this Act shall be expended for the purpose of admin17 istering a special use authorization permitting land use

18 and occupancy and surface disturbing activities for any

19 project to be constructed on Rock Creek, Madera County,

20 California, until a study has been completed and submit21 ted to the Congress by the Forest Service in consultation

22 with the United States Fish and Wildlife Service, the

23 United States Army Corps of Engineers, the California

24 State Water Resources Control Board, the California De25 partment of Fish and Game and other interested public
50

HR 2520 EH

1 parties regarding the project’s potential cumulative im2 pacts on the environment, together with a finding that

3 there will be no substantial adverse impact on the environ4 ment. Findings from the study must be presented at no

5 less than three public meetings.

6 Any money collected from the States for fire suppres7 sion assistance rendered by the Forest Service on non8 Federal lands not in the vicinity of National Forest Sys9 tem lands shall be used to reimburse the applicable appro10 priation and shall remain available until expended as the

11 Secretary may direct in conducting activities authorized

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

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

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

15 reception and representation expenses.

16 Notwithstanding any other provision of law, the For17 est Service is authorized to employ or otherwise contract

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

19 Service, to perform work occasioned by emergencies such

20 as fires, storms, floods, earthquakes or any other unavoid21 able cause without regard to Sundays, Federal holidays,

22 and the regular workweek.

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

24 for preparation of timber sales using clearcutting or other
51

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1 forms of even aged management in hardwood stands in

2 the Shawnee National Forest, Illinois.

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

4 for timber sale planning, scoping or preparation using

5 clearcutting in the Ouachita and Ozark-St. Francis Na6 tional Forests, Arkansas.

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

8 to alter the current understory, midstory or overstory com9 position or the current proportion of pines and hardwoods

10 through the life of each timber stand in the Ouachita and

11 Ozark-St. Francis National Forest, Arkansas.

12 None of the funds available to the Forest Service in

13 this Act shall be used to plan or conduct timber sales or

14 to plan or build roads in the Rocky Face, Hidden Creek

15 or Johns Mountain areas of the Chattahoochee National

16 Forest, Georgia.

17 The Forest Service may offer for sale salvageable

18 timber in Region 5 and Region 6 in fiscal year 1994: Pro19 vided, That for forests known to contain the Northern

20 spotted owl, such salvage sales may be offered as long as

21 the offering of such sale will not render the area unsuit22 able as habitat for the Northern spotted owl: Provided fur23 ther, That timber salvage activity in spotted owl habitat

24 is to be done in full compliance with all existing environ25 mental and forest management laws.
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1 Pursuant to section 405(b), and section 410(b) of

2 Public Law 101–593, funds up to $1,000,000 for match3 ing funds shall be available for the National Forest Foun4 dation.

5 None of the funds available to the Forest Service in

6 this Act shall be used to begin preparation of timber sales

7 in fiscal year 1994 using the scaling method.

8 It is the sense of Congress that the Secretary of Agri9 culture should issue rules at the earliest practicable date

10 on the issue of below-cost timber sales.

11 DEPARTMENT OF ENERGY

12 CLEAN COAL TECHNOLOGY

13 The first paragraph under this head in Public Law

14 101–512, as amended, is further amended by striking the

15 phrase ‘‘$150,000,000 on October 1, 1993, and

16 $100,000,000 on October 1, 1994’’ and inserting

17 ‘‘$100,000,000 on October 1, 1993, $100,000,000 on Oc18 tober 1, 1994, and $50,000,000 on October 1, 1995’’ and

19 by striking the phrase ‘‘$250,000,000 on October 1, 1993,

20 and $250,000,000 on October 1, 1994’’ and inserting

21 ‘‘$150,000,000 on October 1, 1993, $250,000,000 on Oc22 tober 1, 1994, and $100,000,000 on October 1, 1995’’.

23 FOSSIL ENERGY RESEARCH AND DEVELOPMENT

24 For necessary expenses in carrying out fossil energy

25 research and development activities, under the authority
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1 of the Department of Energy Organization Act (Public

2 Law 95–91), including the acquisition of interest, includ3 ing defeasible and equitable interests in any real property

4 or any facility or for plant or facility acquisition or expan5 sion, $433,163,000, to remain available until expended:

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

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

8 the recovery of oil and gas.

9 ALTERNATIVE FUELS PRODUCTION

10 (INCLUDING TRANSFER OF FUNDS)

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

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

14 earned as of October 1, 1993, shall be deposited in this

15 account and immediately transferred to the General Fund

16 of the Treasury. Monies received as revenue sharing from

17 the operation of the Great Plains Gasification Plant shall

18 be immediately transferred to the General Fund of the

19 Treasury.

20 NAVAL PETROLEUM AND OIL SHALE RESERVES

21 For necessary expenses in carrying out naval petro22 leum and oil shale reserve activities, $214,772,000, to re23 main available until expended: Provided, That the require24 ments of 10 U.S.C. 7430(b)(2)(B) shall not apply in fiscal

25 year 1994.
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1 ENERGY CONSERVATION

2 For necessary expenses in carrying out energy con3 servation activities, $702,825,000, to remain available

4 until expended, including, notwithstanding any other pro5 vision of law, the excess amount for fiscal year 1994 deter6 mined under the provisions of section 3003(d) of Public

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

8 $261,325,000 shall be for use in energy conservation pro9 grams as defined in section 3008(3) of Public Law 99–

10 509 (15 U.S.C. 4507) and shall not be available until ex11 cess amounts are determined under the provisions of sec12 tion 3003(d) of Public Law 99–509 (15 U.S.C. 4502):

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

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

15 eligible programs as follows: $213,600,000 for the weath16 erization assistance program, $18,810,000 for the State

17 energy conservation program, and $28,915,000 for the in18 stitutional conservation program: Provided further, That

19 $3,000,000 made available in the third proviso under this

20 head in Public Law 102–154 (105 Stat. 1022–1023) shall

21 be available without restriction for use in the weatheriza22 tion assistance program: Provided further, That

23 $18,091,000 of the amount provided under this heading

24 shall be available for continuing research and development

25 efforts begun under title II of the Interior and Related
55

HR 2520 EH

1 Agencies portion of the joint resolution entitled ‘‘Joint

2 Resolution making further continuing appropriations for

3 the fiscal year 1986, and for other purposes’’, approved

4 December 19, 1985 (Public Law 99–190), and implemen5 tation of steel and aluminum research authorized by Pub6 lic Law 100–680.

7 ECONOMIC REGULATION

8 For necessary expenses in carrying out the activities

9 of the Economic Regulatory Administration and the Office

10 of Hearings and Appeals, $12,994,000, to remain avail11 able until expended.

12 EMERGENCY PREPAREDNESS

13 For necessary expenses in carrying out emergency

14 preparedness activities, $8,901,000, to remain available

15 until expended.

16 STRATEGIC PETROLEUM RESERVE

17 For necessary expenses for Strategic Petroleum Re18 serve facility development and operations and program

19 management activities pursuant to the Energy Policy and

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

21 et seq.), $206,810,000, to remain available until expended:

22 Provided, That appropriations herein made shall not be

23 available for leasing of facilities for the storage of crude

24 oil for the Strategic Petroleum Reserve unless the quantity

25 of oil stored in or deliverable to Government-owned stor26 age facilities by virtue of contractual obligations is equal
56

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1 to 700,000,000 barrels: Provided further, That the re2 quirements of 42 U.S.C. 6240(g) shall not apply in fiscal

3 year 1994.

4 SPR PETROLEUM ACCOUNT

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

6 States share of crude oil in Naval Petroleum Reserve

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

8 of to other than the Strategic Petroleum Reserve: Pro9 vided, That outlays in fiscal year 1994 resulting from the

10 use of funds in this account shall not exceed $79,580,000:

11 Provided further, That no outlays resulting from appro12 priations made in fiscal year 1993 for acquisition, trans13 porting, and drawing down oil to be stored in the Strategic

14 Petroleum Reserve for national defense purposes shall be

15 counted against any outlay ceiling established for the SPR

16 petroleum account.

17 ENERGY INFORMATION ADMINISTRATION

18 For necessary expenses in carrying out the activities

19 of the Energy Information Administration, $86,053,000,

20 to remain available until expended.

21 ADMINISTRATIVE PROVISIONS, DEPARTMENT OF ENERGY

22 Appropriations under this Act for the current fiscal

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

24 hire, maintenance, and operation of aircraft; purchase, re25 pair, and cleaning of uniforms; and reimbursement to
57

HR 2520 EH

1 the General Services Administration for security guard

2 services.

3 From appropriations under this Act, transfers of

4 sums may be made to other agencies of the Government

5 for the performance of work for which the appropriation

6 is made.

7 None of the funds made available to the Department

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

9 finance authorized price support or loan guarantee pro10 grams unless specific provision is made for such programs

11 in an appropriations Act.

12 The Secretary is authorized to accept lands, build13 ings, equipment, and other contributions from public and

14 private sources and to prosecute projects in cooperation

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

16 Provided, That revenues and other moneys received by or

17 for the account of the Department of Energy or otherwise

18 generated by sale of products in connection with projects

19 of the Department appropriated under this Act may be

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

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

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

23 in appropriate cost-sharing contracts or agreements: Pro24 vided further, That the remainder of revenues after the

25 making of such payments shall be covered into the Treas-
58

HR 2520 EH

1 ury as miscellaneous receipts: Provided further, That any

2 contract, agreement, or provision thereof entered into by

3 the Secretary pursuant to this authority shall not be exe4 cuted prior to the expiration of 30 calendar days (not in5 cluding any day in which either House of Congress is not

6 in session because of adjournment of more than three cal7 endar days to a day certain) from the receipt by the

8 Speaker of the House of Representatives and the Presi9 dent of the Senate of a full comprehensive report on such

10 project, including the facts and circumstances relied upon

11 in support of the proposed project.

12 The Secretary of Energy may transfer to the Emer13 gency Preparedness appropriation such funds as are nec14 essary to meet any unforeseen emergency needs from any

15 funds available to the Department of Energy from this

16 Act.

17 No funds provided in this Act may be expended by

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

19 procurement documents for programs or projects for

20 which appropriations have not been made.

21 REVISION OF AMOUNTS FOR DEPARTMENT OF ENERGY

22 The amounts otherwise provided by this title for the

23 Department of Energy are revised by reducing the amount

24 made available under the heading ‘‘Fossil Energy Re25 search and Development’’ by, and also transferring from

26 the remaining amount made available under such heading
59

HR 2520 EH

1 to the appropriation for ‘‘Energy Conservation’’ an addi2 tional, $24,873,000.

3 DEPARTMENT OF HEALTH AND HUMAN

4 SERVICES

5 INDIAN HEALTH SERVICE

6 INDIAN HEALTH SERVICES

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

10 titles III and XXVII and section 208 of the Public Health

11 Service Act with respect to the Indian Health Service,

12 $1,652,394,000, together with payments received during

13 the fiscal year pursuant to 42 U.S.C. 300aaa–2 for serv14 ices furnished by the Indian Health Service: Provided,

15 That funds made available to tribes and tribal organiza16 tions through contracts, grant agreements, or any other

17 agreements or compacts authorized by the Indian Self-De18 termination and Education Assistance Act of 1975 (88

19 Stat. 2203; 25 U.S.C. 450), shall be deemed to be obli20 gated at the time of the grant or contract award and

21 thereafter shall remain available to the tribe or tribal orga22 nization without fiscal year limitation: Provided further,

23 That $12,000,000 shall remain available until expended,

24 for the Indian Catastrophic Health Emergency Fund: Pro25 vided further, That $337,848,000 for contract medical
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HR 2520 EH

1 care shall remain available for obligation until September

2 30, 1995: Provided further, That of the funds provided,

3 not less than $11,526,000 shall be used to carry out the

4 loan repayment program under section 108 of the Indian

5 Health Care Improvement Act, as amended: Provided fur6 ther, That funds provided in this Act may be used for one7 year contracts and grants which are to be performed in

8 two fiscal years, so long as the total obligation is recorded

9 in the year for which the funds are appropriated: Provided

10 further, That the amounts collected by the Secretary of

11 Health and Human Services under the authority of title

12 IV of the Indian Health Care Improvement Act shall be

13 available for two fiscal years after the fiscal year in which

14 they were collected, for the purpose of achieving compli15 ance with the applicable conditions and requirements of

16 titles XVIII and XIX of the Social Security Act (exclusive

17 of planning, design, or construction of new facilities): Pro18 vided further, That of the funds provided, $8,000,000 shall

19 remain available until expended, for the Indian Self-Deter20 mination Fund, which shall be available for the transi21 tional costs of initial or expanded tribal contracts, grants

22 or cooperative agreements with the Indian Health Service

23 under the provisions of the Indian Self-Determination Act:

24 Provided further, That funding contained herein, and in

25 any earlier appropriations Acts for scholarship programs
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HR 2520 EH

1 under the Indian Health Care Improvement Act (25

2 U.S.C. 1613) shall remain available for obligation until

3 September 30, 1995: Provided further, That amounts re4 ceived by tribes and tribal organizations under title IV of

5 the Indian Health Care Improvement Act, as amended,

6 shall be reported and accounted for and available to the

7 receiving tribes and tribal organizations until expended.

8 INDIAN HEALTH FACILITIES

9 For construction, repair, maintenance, improvement,

10 and equipment of health and related auxiliary facilities,

11 including quarters for personnel; preparation of plans,

12 specifications, and drawings; acquisition of sites, purchase

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

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

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

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

21 Act, and titles III and XXVII and section 208 of the Pub22 lic Health Service Act with respect to environmental

23 health and facilities support activities of the Indian Health

24 Service, $296,997,000, to remain available until expended:

25 Provided, That notwithstanding any other provision of

26 law, funds appropriated for the planning, design, construc-
62

HR 2520 EH

1 tion or renovation of health facilities for the benefit of an

2 Indian tribe or tribes may be used to purchase land for

3 sites to construct, improve, or enlarge health or related

4 facilities.

5 ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE

6 Appropriations in this Act to the Indian Health Serv7 ice shall be available for services as authorized by 5 U.S.C.

8 3109 but at rates not to exceed the per diem rate equiva9 lent to the maximum rate payable for senior-level positions

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

11 aircraft; purchase of medical equipment; purchase of re12 prints; purchase, renovation and erection of modular

13 buildings; payments for telephone service in private resi14 dences in the field, when authorized under regulations ap15 proved by the Secretary; and for uniforms or allowances

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

17 for expenses of attendance at meetings which are con18 cerned with the functions or activities for which the appro19 priation is made or which will contribute to improved con20 duct, supervision, or management of those functions or ac21 tivities: Provided, That in accordance with the provisions

22 of the Indian Health Care Improvement Act, non-Indian

23 patients may be extended health care at all tribally admin24 istered or Indian Health Service facilities, subject to

25 charges, and the proceeds along with funds recovered

26 under the Federal Medical Care Recovery Act (42 U.S.C.
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HR 2520 EH

1 2651–53) shall be credited to the account of the facility

2 providing the service and shall be available without fiscal

3 year limitation: Provided further, That notwithstanding

4 any other law or regulation, funds transferred from the

5 Department of Housing and Urban Development to the

6 Indian Health Service shall be administered under Public

7 Law 86–121 (the Indian Sanitation Facilities Act) and

8 Public Law 93–638, as amended: Provided further, That

9 funds appropriated to the Indian Health Service in this

10 Act, except those used for administrative and program di11 rection purposes, shall not be subject to limitations di12 rected at curtailing Federal travel and transportation:

13 Provided further, That the Indian Health Service shall nei14 ther bill nor charge those Indians who may have the eco15 nomic means to pay unless and until such time as Con16 gress has agreed upon a specific policy to do so and has

17 directed the Indian Health Service to implement such a

18 policy: Provided further, That personnel ceilings may not

19 be imposed on the Indian Health Service nor may any ac20 tion be taken to reduce the full-time equivalent level of

21 the Indian Health Service by the elimination of temporary

22 employees by reduction in force, hiring freeze or any other

23 means without the review and approval of the Committees

24 on Appropriations: Provided further, That none of the

25 funds made available to the Indian Health Service in this
64

HR 2520 EH

1 Act shall be used to implement the final rule published

2 in the Federal Register on September 16, 1987, by the

3 Department of Health and Human Services, relating to

4 eligibility for the health care services of the Indian Health

5 Service until the Indian Health Service has submitted a

6 budget request reflecting the increased costs associated

7 with the proposed final rule, and such request has been

8 included in an appropriations Act and enacted into law:

9 Provided further, That funds made available in this Act

10 are to be apportioned to the Indian Health Service as ap11 propriated in this Act, and accounted for in the appropria12 tion structure set forth in this Act: Provided further, That

13 the appropriation structure for the Indian Health Service

14 may not be altered without the advance approval of the

15 House and Senate Committees on Appropriations.

16 DEPARTMENT OF EDUCATION

17 OFFICE OF ELEMENTARY AND SECONDARY EDUCATION

18 INDIAN EDUCATION

19 For necessary expenses to carry out, to the extent

20 not otherwise provided, the Indian Education Act of 1988,

21 $83,500,000, of which $60,304,000 shall be for subpart

22 1, $19,161,000 shall be for subparts 2 and 3, and

23 $200,000 shall be for collection and analyses of data on

24 Indian education: Provided, That $1,735,000 available
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1 pursuant to section 5323 of the Act shall remain available

2 for obligation until September 30, 1995.

3 OTHER RELATED AGENCIES

4 OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION

5 SALARIES AND EXPENSES

6 For necessary expenses of the Office of Navajo and

7 Hopi Indian Relocation as authorized by Public Law 93–

8 531, $26,936,000, to remain available until expended:

9 Provided, That funds provided in this or any other appro10 priations Act are to be used to relocate eligible individuals

11 and groups including evictees from District 6, Hopi-parti12 tioned lands residents, those in significantly substandard

13 housing, and all others certified as eligible and not in14 cluded in the preceding categories: Provided further, That

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

16 be used by the Office of Navajo and Hopi Indian Reloca17 tion to evict any single Navajo or Navajo family who, as

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

19 lands partitioned to the Hopi Tribe unless a new or re20 placement home is provided for such household: Provided

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

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

23 Office shall relocate any certified eligible relocatees who

24 have selected and received an approved homesite on the

25 Navajo reservation or selected a replacement residence off
66

HR 2520 EH

1 the Navajo reservation or on the land acquired pursuant

2 to 25 U.S.C. 640d–10.

3 INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE

4 CULTURE AND ARTS DEVELOPMENT

5 PAYMENT TO THE INSTITUTE

6 For payment to the Institute of American Indian and

7 Alaska Native Culture and Arts Development, as author8 ized by Public Law 99–498, as amended (20 U.S.C. 56,

9 Part A), $12,563,000, of which not to exceed $350,000

10 for Federal matching contributions, to remain available

11 until expended, shall be paid to the Institute endowment

12 fund: Provided, That notwithstanding any other provision

13 of law, the annual budget proposal and justification for

14 the Institute shall be submitted to the Congress concur15 rently with the submission of the President’s Budget to

16 the Congress: Provided further, That the Institute shall

17 act as its own certifying officer.

18 SMITHSONIAN INSTITUTION

19 SALARIES AND EXPENSES

20 For necessary expenses of the Smithsonian Institu21 tion, as authorized by law, including research in the fields

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

23 documentation of the National Collections; presentation of

24 public exhibits and performances; collection, preparation,

25 dissemination, and exchange of information and publica-
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HR 2520 EH

1 tions; conduct of education, training, and museum assist2 ance programs; maintenance, alteration, operation, lease

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

4 buildings, facilities, and approaches; not to exceed

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

6 to 5 replacement passenger vehicles; purchase, rental, re7 pair, and cleaning of uniforms for employees;

8 $302,083,000, of which not to exceed $27,579,000 for the

9 instrumentation program, collections acquisition, Museum

10 Support Center equipment and move, exhibition

11 reinstallation, the National Museum of the American In12 dian, and the repatriation of skeletal remains program

13 shall remain available until expended and, including such

14 funds as may be necessary to support American overseas

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

16 of American Overseas Research Centers: Provided, That

17 funds appropriated herein are available for advance pay18 ments to independent contractors performing research

19 services or participating in official Smithsonian presen20 tations.

21 CONSTRUCTION AND IMPROVEMENTS, NATIONAL

22 ZOOLOGICAL PARK

23 For necessary expenses of planning, construction, re24 modeling, and equipping of buildings and facilities at the

25 National Zoological Park, by contract or otherwise,

26 $5,400,000, to remain available until expended.
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HR 2520 EH

1 REPAIR AND RESTORATION OF BUILDINGS

2 For necessary expenses of repair and restoration of

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

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

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

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

10 restoration of buildings of the Smithsonian Institution

11 may be negotiated with selected contractors and awarded

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

13 CONSTRUCTION

14 For necessary expenses for construction,

15 $10,400,000, to remain available until expended.

16 NATIONAL GALLERY OF ART

17 SALARIES AND EXPENSES

18 For the upkeep and operations of the National Gal19 lery of Art, the protection and care of the works of art

20 therein, and administrative expenses incident thereto, as

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

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

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

24 services as authorized by 5 U.S.C. 3109; payment in ad25 vance when authorized by the treasurer of the Gallery for

26 membership in library, museum, and art associations or
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HR 2520 EH

1 societies whose publications or services are available to

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

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

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

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

6 purchase or rental of devices and services for protecting

7 buildings and contents thereof, and maintenance, alter8 ation, improvement, and repair of buildings, approaches,

9 and grounds; and purchase of services for restoration and

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

11 contracts made, without advertising, with individuals,

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

13 such terms and conditions as the Gallery may deem prop14 er, $51,908,000, of which not to exceed $3,026,000 for

15 the special exhibition program shall remain available until

16 expended.

17 REPAIR, RESTORATION AND RENOVATION OF BUILDINGS

18 For necessary expenses of repair, restoration and

19 renovation of buildings, grounds and facilities owned or

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

21 otherwise, as authorized $2,831,000, to remain available

22 until expended: Provided, That contracts awarded for envi23 ronmental systems, protection systems, and exterior repair

24 or renovation of buildings of the National Gallery of Art

25 may be negotiated with selected contractors and awarded

26 on the basis of contractor qualifications as well as price.
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1 WOODROW WILSON INTERNATIONAL CENTER FOR

2 SCHOLARS

3 SALARIES AND EXPENSES

4 For expenses necessary in carrying out the provisions

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

6 1356) including hire of passenger vehicles and services as

7 authorized by 5 U.S.C. 3109, $6,352,000.

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 Humanities Act of 1965, as

14 amended, $137,228,450 shall be available to the National

15 Endowment for the Arts for the support of projects and

16 productions in the arts through assistance to groups and

17 individuals pursuant to section 5(c) of the Act, and for

18 administering the functions of the Act.

19 MATCHING GRANTS

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

21 National Foundation on the Arts and the Humanities Act

22 of 1965, as amended, $28,634,900, to remain available

23 until September 30, 1995, to the National Endowment for

24 the Arts, of which $13,187,000 shall be available for pur25 poses of section 5(l): Provided, That this appropriation

26 shall be available for obligation only in such amounts as
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1 may be equal to the total amounts of gifts, bequests, and

2 devises of money, and other property accepted by the

3 Chairman or by grantees of the Endowment under the

4 provisions of section 10(a)(2), subsections 11(a)(2)(A)

5 and 11(a)(3)(A) during the current and preceding fiscal

6 years for which equal amounts have not previously been

7 appropriated.

8 NATIONAL ENDOWMENT FOR THE HUMANITIES

9 GRANTS AND ADMINISTRATION

10 For necessary expenses to carry out the National

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

12 as amended, $151,300,000 shall be available to the Na13 tional Endowment for the Humanities for support of ac14 tivities in the humanities, pursuant to section 7(c) of the

15 Act, and for administering the functions of the Act, of

16 which $5,000,000 for the Office of Preservation shall re17 main available until September 30, 1995.

18 MATCHING GRANTS

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

20 National Foundation on the Arts and the Humanities Act

21 of 1965, as amended, $26,191,000, to remain available

22 until September 30, 1995, of which $14,228,000 shall be

23 available to the National Endowment for the Humanities

24 for the purposes of section 7(h): Provided, That this ap25 propriation shall be available for obligation only in such

26 amounts as may be equal to the total amounts of gifts,
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1 bequests, and devises of money, and other property accept2 ed by the Chairman or by grantees of the Endowment

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

4 11(a)(3)(B) during the current and preceding fiscal years

5 for which equal amounts have not previously been

6 appropriated.

7 INSTITUTE OF MUSEUM SERVICES

8 GRANTS AND ADMINISTRATION

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

10 Cultural Affairs Act of 1976, as amended, $28,777,000.

11 ADMINISTRATIVE PROVISIONS

12 None of the funds appropriated to the National

13 Foundation on the Arts and the Humanities may be used

14 to process any grant or contract documents which do not

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

16 of the funds appropriated to the National Foundation on

17 the Arts and the Humanities may be used for official re18 ception and representation expenses: Provided further,

19 That none of the funds in this Act may be used for the

20 President’s Committee on the Arts and the Humanities.

21 COMMISSION OF FINE ARTS

22 SALARIES AND EXPENSES

23 For expenses made necessary by the Act establishing

24 a Commission of Fine Arts (40 U.S.C. 104), $805,000.
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1 NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS

2 For necessary expenses as authorized by Public Law

3 99–190 (99 Stat. 1261; 20 U.S.C. 956(a)), as amended,

4 $7,500,000.

5 ADVISORY COUNCIL ON HISTORIC PRESERVATION

6 SALARIES AND EXPENSES

7 For expenses made necessary by the Act establishing

8 an Advisory Council on Historic Preservation, Public Law

9 89–665, as amended, $2,959,000: Provided, That none of

10 these funds shall be available for the compensation of Ex11 ecutive Level V or higher positions.

12 NATIONAL CAPITAL PLANNING COMMISSION

13 SALARIES AND EXPENSES

14 For necessary expenses, as authorized by the Na15 tional Capital Planning Act of 1952 (40 U.S.C. 71–71i),

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

17 $5,868,000: Provided, That all appointed members will be

18 compensated at a rate equivalent to the rate for Executive

19 Schedule Level IV.

20 FRANKLIN DELANO ROOSEVELT MEMORIAL COMMISSION

21 SALARIES AND EXPENSES

22 For necessary expenses of the Franklin Delano Roo23 sevelt Memorial Commission, established by the Act of Au24 gust 11, 1955 (69 Stat. 694), as amended by Public Law
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1 92–332 (86 Stat. 401), $49,000, to remain available until

2 September 30, 1995.

3 PENNSYLVANIA AVENUE DEVELOPMENT CORPORATION

4 SALARIES AND EXPENSES

5 For necessary expenses, as authorized by section

6 17(a) of Public Law 92–578, as amended, $2,738,000 for

7 operating and administrative expenses of the Corporation.

8 PUBLIC DEVELOPMENT

9 For public development activities and projects in ac10 cordance with the development plan as authorized by sec11 tion 17(b) of Public Law 92–578, as amended,

12 $4,289,000, to remain available until expended.

13 LAND ACQUISITION AND DEVELOPMENT FUND

14 The Pennsylvania Avenue Development Corporation

15 is authorized to borrow from the Treasury of the United

16 States $7,193,000, pursuant to the terms and conditions

17 in paragraph 10, section 6, of Public Law 92–576, as

18 amended.

19 UNITED STATES HOLOCAUST MEMORIAL COUNCIL

20 HOLOCAUST MEMORIAL COUNCIL

21 For expenses of the Holocaust Memorial Council, as

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

23 $21,679,000.

24 TITLE III—GENERAL PROVISIONS

25 SEC. 301. The expenditure of any appropriation

26 under this Act for any consulting service through procure-
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1 ment contract, pursuant to 5 U.S.C. 3109, shall be limited

2 to those contracts where such expenditures are a matter

3 of public record and available for public inspection, except

4 where otherwise provided under existing law, or under ex5 isting Executive order issued pursuant to existing law.

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

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

8 the Secretary of Agriculture for the leasing of oil and nat9 ural gas by noncompetitive bidding on publicly owned

10 lands within the boundaries of the Shawnee National For11 est, Illinois: Provided, That nothing herein is intended to

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

13 to minerals owned by private individuals.

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

15 this Act shall be available for any activity or the publica16 tion or distribution of literature that in any way tends to

17 promote public support or opposition to any legislative

18 proposal on which congressional action is not complete.

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

20 this Act shall remain available for obligation beyond the

21 current fiscal year unless expressly so provided herein.

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

23 any department or agency shall be obligated or expended

24 to provide a personal cook, chauffeur, or other personal
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1 servants to any officer or employee of such department

2 or agency except as otherwise provided by law.

3 SEC. 306. None of the funds provided in this Act

4 shall be used to evaluate, consider, process, or award oil,

5 gas, or geothermal leases on Federal lands in the Mount

6 Baker-Snoqualmie National Forest, State of Washington,

7 within the hydrographic boundaries of the Cedar River

8 municipal watershed upstream of river mile 21.6, the

9 Green River municipal watershed upstream of river mile

10 61.0, the North Fork of the Tolt River proposed municipal

11 watershed upstream of river mile 11.7, and the South

12 Fork Tolt River municipal watershed upstream of river

13 mile 8.4.

14 SEC. 307. No assessments may be levied against any

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

16 this Act unless notice of such assessments and the basis

17 therefor are presented to the Committees on Appropria18 tions and are approved by such Committees.

19 SEC. 308. No part of any appropriation under this

20 Act shall be available to the Secretaries of the Interior

21 and Agriculture for use for any sale hereafter made of un22 processed timber from Federal lands in the State of Texas

23 which will be exported by the purchaser: Provided, That

24 this limitation shall not apply to specific quantities of

25 grades and species of timber which said Secretaries deter-
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1 mine are surplus to domestic lumber and plywood manu2 facturing needs.

3 SEC. 309. Notwithstanding any other provision of

4 law, payments to States pursuant to 16 U.S.C. 500 for

5 National Forests affected by decisions relating to the

6 Northern Spotted Owl from fiscal year 1994 receipts shall

7 not be less than 70 per centum of the average annual pay8 ments to States, based on receipts collected on those Na9 tional Forests during the five-year baseline period of fiscal

10 years 1986 through 1990: Provided, That in no event shall

11 these payments exceed the total amount of receipts col12 lected from the affected National Forests during fiscal

13 year 1994.

14 SEC. 310. Notwithstanding any other provision of

15 law, the payment to be made by the United States Govern16 ment pursuant to the provision of subsection (a) of title

17 II of the Act of August 28, 1937 (50 Stat. 876) to the

18 Oregon and California land-grant counties in the State of

19 Oregon from fiscal year 1994 receipts derived from the

20 Oregon and California grant lands shall not be less than

21 70 per centum of the average annual payment made to

22 those counties of their share of the Oregon and California

23 land-grant receipts collected during the five-year baseline

24 period of fiscal years 1986 through 1990: Provided, That

25 in no event shall this payment exceed the total amount
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1 of receipts collected from the Oregon and California grant

2 lands during fiscal year 1994 or $38,111,000, whichever

3 is lower.

4 SEC. 311. Section 314 of Public Law 101–512 (104

5 Stat. 1959–1960) is amended by striking the words ‘‘coop6 erative agreement’’ and inserting in lieu thereof: ‘‘any

7 other agreement or compact’’.

8 SEC. 312. Section 1405, subsection (a) of title 36,

9 United States Code, is amended by striking all of the first

10 sentence through the words ‘‘confirmation of the Council

11 and who’’ and inserting in lieu thereof: ‘‘There shall be

12 an Executive Director of the Holocaust Memorial Museum

13 who shall be appointed by the Chairperson of the Council,

14 subject to confirmation of the Council, who may be paid

15 with nonappropriated funds, and who, if paid with appro16 priated funds,’’.

17 SEC. 313. Section 42 of title 20, United States Code,

18 is amended by inserting ‘‘the Speaker of the United States

19 House of Representatives,’’ immediately after the phrase

20 ‘‘the Chief Justice of the United States,’’.

21 SEC. 314. (a) COMPLIANCE WITH BUY AMERICAN

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

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

24 expending the funds the entity will comply with sections
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1 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a2 10c: popularly known as the ‘‘Buy American Act’’).

3 (b) SENSE OF CONGRESS; REQUIREMENT REGARD4 ING NOTICE.—

5 (1) PURCHASE OF AMERICAN-MADE EQUIPMENT

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

7 product that may be authorized to be purchased

8 with financial assistance provided using funds made

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

10 that entities receiving the assistance should, in ex11 pending the assistance, purchase only American12 made equipment and products.

13 (2) NOTICE TO RECIPIENTS OF ASSISTANCE.—

14 In providing financial assistance using funds made

15 available in this Act, the head of each Federal agen16 cy shall provide to each recipient of the assistance

17 a notice describing the statement made in paragraph

18 (1) by the Congress.

19 (c) PROHIBITION OF CONTRACTS WITH PERSONS

20 FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—

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

22 agency that any person intentionally affixed a label bear23 ing a ‘‘Made in America’’ inscription, or any inscription

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

25 to the United States that is not made in the United
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1 States, the person shall be ineligible to receive any con2 tract or subcontract made with funds made available in

3 this Act, pursuant to the debarment, suspension, and ineli4 gibility procedures described in sections 9.400 through

5 9.409 of title 48, Code of Federal Regulations.

6 This Act may be cited as the ‘‘Department of the In7 terior and Related Agencies Appropriations Act, 1994’’.

Passed the House of Representatives July 15, 1993.

Attest:

Clerk.

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