Union Calendar No. 90

103D CONGRESS

1ST SESSION H. R. 2520

[Report No. 103–158]

A BILL

Making appropriations for the Department of the

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

JUNE 24, 1993

Committed to the Committee of the Whole House on

the State of the Union and ordered to be printed
IB

Union Calendar No. 90

103D CONGRESS

1ST SESSION H. R. 2520

[Report No. 103–158]

Making appropriations for the Department of the Interior and related agencies

for the fiscal year ending September 30, 1994, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JUNE 24, 1993

Mr. YATES, from the Committee on Appropriations, reported the following bill;

which was committed to the Committee of the Whole House on the State

of the Union and ordered to be printed

A BILL

Making appropriations for the Department of the Interior

and related agencies for the fiscal year ending September

30, 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 MANAGEMENT OF LANDS AND RESOURCES

4 For expenses necessary for protection, use, improve5 ment, development, disposal, cadastral surveying, classi6 fication, and performance of other functions, including

7 maintenance of facilities, as authorized by law, in the

8 management of lands and their resources under the juris9 diction of the Bureau of Land Management, including the

10 general administration of the Bureau of Land Manage11 ment, $595,040,000, of which the following amounts shall

12 remain available until expended: $1,462,000 to be derived

13 from the special receipt account established by section 4

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

15 as amended (16 U.S.C. 460l–6a(i)), and $69,418,000 for

16 the Automated Land and Mineral Record System Project:

17 Provided, That appropriations herein made shall not be

18 available for the destruction of healthy, unadopted, wild

19 horses and burros in the care of the Bureau of Land Man20 agement or its contractors; and in addition, $15,300,000

21 for Mining Law Administration program operations to re22 main available through September 30, 1994, to be reduced

23 by amounts collected by the Bureau of Land Management

24 and credited to this appropriation from annual mining

25 claim fees so as to result in a final fiscal year 1994 appro-
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1 priation estimated at not more than $595,040,000: Pro2 vided further, That in addition to funds otherwise avail3 able, not to exceed $5,000,000 from annual mining claim

4 fees shall be credited to this account for the costs of ad5 ministering the mining claim fee program, and shall re6 main available until expended.

7 FIRE PROTECTION

8 For necessary expenses for fire management, emer9 gency rehabilitation, fire presuppression and prepared10 ness, and other related emergency actions by the Depart11 ment of the Interior, $117,143,000, to remain available

12 until expended.

13 EMERGENCY DEPARTMENT OF THE INTERIOR

14 FIREFIGHTING FUND

15 For emergency rehabilitation, severity presup16 pression, and wildfire suppression activities of the Depart17 ment of the Interior, $116,674,000, to remain available

18 until expended: Provided, That such funds also are avail19 able for repayment of advances to other appropriation ac20 counts from which funds were previously transferred for

21 such purposes: Provided further, That notwithstanding

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

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

24 without cost from funds available from this appropriation:

25 Provided further, That only amounts for emergency reha26 bilitation and wildfire suppression activities that are in ex-
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1 cess of the average of such costs for the previous ten years

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

3 section 251(b)(2)(D) of the Balanced Budget and Emer4 gency Deficit Control Act of 1985.

5 CONSTRUCTION AND ACCESS

6 For acquisition of lands and interests therein, and

7 construction of buildings, recreation facilities, roads,

8 trails, and appurtenant facilities, $7,167,000, to remain

9 available until expended.

10 PAYMENTS IN LIEU OF TAXES

11 For expenses necessary to implement the Act of Octo12 ber 20, 1976 (31 U.S.C. 6901–07), $104,108,000, of

13 which not to exceed $400,000 shall be available for admin14 istrative expenses.

15 LAND ACQUISITION

16 For expenses necessary to carry out the provisions

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

18 including administrative expenses and acquisition of lands

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

20 from the Land and Water Conservation Fund, to remain

21 available until expended.

22 OREGON AND CALIFORNIA GRANT LANDS

23 For expenses necessary for management, protection,

24 and development of resources and for construction, oper25 ation, and maintenance of access roads, reforestation, and

26 other improvements on the revested Oregon and California
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1 Railroad grant lands, on other Federal lands in the Or2 egon and California land-grant counties of Oregon, and

3 on adjacent rights-of-way; and acquisition of lands or in4 terests therein including existing connecting roads on or

5 adjacent to such grant lands; $83,052,000, to remain

6 available until expended: Provided, That 25 per centum

7 of the aggregate of all receipts during the current fiscal

8 year from the revested Oregon and California Railroad

9 grant lands is hereby made a charge against the Oregon

10 and California landgrant fund and shall be transferred to

11 the General Fund in the Treasury in accordance with the

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

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

14 RANGE IMPROVEMENTS

15 For rehabilitation, protection, and acquisition of

16 lands and interests therein, and improvement of Federal

17 rangelands pursuant to section 401 of the Federal Land

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

19 notwithstanding any other Act, sums equal to 50 per cen20 tum of all moneys received during the prior fiscal year

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

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

23 improvements from grazing fees and mineral leasing re24 ceipts from Bankhead-Jones lands transferred to the De25 partment of the Interior pursuant to law, but not less than

26 $10,025,000, to remain available until expended: Pro-
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1 vided, That not to exceed $600,000 shall be available for

2 administrative expenses.

3 SERVICE CHARGES, DEPOSITS, AND FORFEITURES

4 For administrative expenses and other costs related

5 to processing application documents and other authoriza6 tions for use and disposal of public lands and resources,

7 for costs of providing copies of official public land docu8 ments, for monitoring construction, operation, and termi9 nation of facilities in conjunction with use authorizations,

10 and for rehabilitation of damaged property, such amounts

11 as may be collected under sections 209(b), 304(a), 304(b),

12 305(a), and 504(g) of the Act approved October 21, 1976

13 (43 U.S.C. 1701), and sections 101 and 203 of Public

14 Law 93–153, to be immediately available until expended:

15 Provided, That notwithstanding any provision to the con16 trary of section 305(a) of the Act of October 21, 1976

17 (43 U.S.C. 1735(a)), any moneys that have been or will

18 be received pursuant to that section, whether as a result

19 of forfeiture, compromise, or settlement, if not appropriate

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

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

22 under the authority of this or subsequent appropriations

23 Acts by the Secretary to improve, protect, or rehabilitate

24 any public lands administered through the Bureau of

25 Land Management which have been damaged by the ac26 tion of a resource developer, purchaser, permittee, or any
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1 unauthorized person, without regard to whether all mon2 eys collected from each such forfeiture, compromise, or

3 settlement are used on the exact lands damage to which

4 led to the forfeiture, compromise, or settlement: Provided

5 further, That such moneys are in excess of amounts need6 ed to repair damage to the exact land for which collected.

7 MISCELLANEOUS TRUST FUNDS

8 In addition to amounts authorized to be expended

9 under existing law, there is hereby appropriated such

10 amounts as may be contributed under section 307 of the

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

12 amounts as may be advanced for administrative costs, sur13 veys, appraisals, and costs of making conveyances of omit14 ted lands under section 211(b) of that Act, to remain

15 available until expended.

16 ADMINISTRATIVE PROVISIONS

17 Appropriations for the Bureau of Land Management

18 shall be available for purchase, erection, and dismantle19 ment of temporary structures, and alteration and mainte20 nance of necessary buildings and appurtenant facilities to

21 which the United States has title; up to $100,000 for pay22 ments, at the discretion of the Secretary, for information

23 or evidence concerning violations of laws administered by

24 the Bureau of Land Management; miscellaneous and

25 emergency expenses of enforcement activities authorized

26 or approved by the Secretary and to be accounted for sole-
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1 ly on his certificate, not to exceed $10,000: Provided, That

2 appropriations herein made for Bureau of Land Manage3 ment expenditures in connection with the revested Oregon

4 and California Railroad and reconveyed Coos Bay Wagon

5 Road grant lands (other than expenditures made under

6 the appropriation ‘‘Oregon and California grant lands’’)

7 shall be reimbursed to the General Fund of the Treasury

8 from the 25 per centum referred to in subsection (c), title

9 II, of the Act approved August 28, 1937 (50 Stat. 876),

10 of the special fund designated the ‘‘Oregon and California

11 land grant fund’’ and section 4 of the Act approved May

12 24, 1939 (53 Stat. 754), of the special fund designated

13 the ‘‘Coos Bay Wagon Road grant fund’’: Provided further,

14 That notwithstanding 44 U.S.C. 501, the Bureau may,

15 under cooperative cost-sharing and partnership arrange16 ments authorized by law, procure printing services from

17 cooperators in connection with jointly-produced publica18 tions for which the cooperators share the cost of printing

19 either in cash or in services, and the Bureau determines

20 the cooperator is capable of meeting accepted quality

21 standards.

22 UNITED STATES FISH AND WILDLIFE SERVICE

23 RESOURCE MANAGEMENT

24 For expenses necessary for scientific and economic

25 studies, conservation, management, investigations, protec-
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1 tion, and utilization of sport fishery and wildlife resources,

2 except whales, seals, and sea lions, and for the perform3 ance of other authorized functions related to such re4 sources; for the general administration of the United

5 States Fish and Wildlife Service; and for maintenance of

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

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

8 priority projects within the scope of the approved budget

9 which shall be carried out by Youth Conservation Corps

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

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

12 $11,799,000 shall be for operation and maintenance of

13 fishery mitigation facilities constructed by the Corps of

14 Engineers under the Lower Snake River Compensation

15 Plan, authorized by the Water Resources Development Act

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

17 resources from water development projects on the Lower

18 Snake River, and which shall remain available until ex19 pended; and of which $2,500,000 shall be provided to the

20 National Fish and Wildlife Foundation for endangered

21 species activities: Provided, That such amount shall be

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

23 and Wildlife Foundation.

24 CONSTRUCTION

25 For construction and acquisition of buildings and

26 other facilities required in the conservation, management,
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1 investigation, protection, and utilization of sport fishery

2 and wildlife resources, and the acquisition of lands and

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

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

5 from the United States Fish and Wildlife Service to Ducks

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

7 of the dike and pumping station at Metzger Marsh.

8 NATURAL RESOURCE DAMAGE ASSESSMENT AND

9 RESTORATION FUND

10 To conduct natural resource damage assessments and

11 restoration activities by the Department of the Interior

12 necessary to carry out the provisions of the Comprehensive

13 Environmental Response, Compensation, and Liability

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

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

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

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

18 337); $7,260,000, to remain available until expended: Pro19 vided, That notwithstanding any other provision of law,

20 any amounts appropriated or credited in fiscal year 1992

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

22 out the provisions of negotiated legal settlements or other

23 legal actions for restoration activities and to carry out the

24 provisions of the Comprehensive Environmental Response,

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

26 9601, et seq.), Federal Water Pollution Control Act, as
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1 amended (33 U.S.C. 1251, et seq.), the Oil Pollution Act

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

3 1990 (Public Law 101–337) for damage assessment ac4 tivities: Provided further, That sums provided by any party

5 are not limited to monetary payments and may include

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

7 may be retained, liquidated or otherwise disposed of by

8 the Secretary and such sums or properties shall be utilized

9 for the restoration of injured resources, and to conduct

10 new damage assessment activities.

11 LAND ACQUISITION

12 For expenses necessary to carry out the provisions

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

14 as amended (16 U.S.C. 460l–4–11), including administra15 tive expenses, and for acquisition of land or waters, or in16 terest therein, in accordance with statutory authority ap17 plicable to the United States Fish and Wildlife Service,

18 and for activities authorized under Public Law 98–244 to

19 be carried out by the National Fish and Wildlife Founda20 tion, $61,610,000, to be derived from the Land and Water

21 Conservation Fund, to remain available until expended.

22 COOPERATIVE ENDANGERED SPECIES CONSERVATION

23 FUND

24 For expenses necessary to carry out the provisions

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

26 1543), as amended by Public Law 100–478, $9,571,000
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1 for Grants to States, to be derived from the Cooperative

2 Endangered Species Conservation Fund, and to remain

3 available until expended.

4 NATIONAL WILDLIFE REFUGE FUND

5 For expenses necessary to implement the Act of Octo6 ber 17, 1978 (16 U.S.C. 715s), $11,748,000.

7 REWARDS AND OPERATIONS

8 For expenses necessary to carry out the provisions

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

10 4201–4203, 4211–4213, 4221–4225, 4241–4245, and

11 1538), $1,169,000, to remain available until expended.

12 NORTH AMERICAN WETLANDS CONSERVATION FUND

13 For expenses necessary to carry out the provisions

14 of the North American Wetlands Conservation Act, Public

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

16 thereafter, amounts received during the immediately pre17 ceding fiscal year under section 6 of the Migratory Bird

18 Treaty Act (16 U.S.C. 707) as penalties or fines or from

19 forfeitures of property or collateral, to remain available

20 until expended.

21 WILDLIFE CONSERVATION AND APPRECIATION FUND

22 For deposit to the Wildlife Conservation and Appre23 ciation Fund, $1,000,000, to remain available until ex24 pended, to be available for carrying out the Partnerships

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

26 as provided in section 7105 of said Act.
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1 ADMINISTRATIVE PROVISIONS

2 Appropriations and funds available to the United

3 States Fish and Wildlife Service shall be available for pur4 chase of not to exceed 130 passenger motor vehicles, of

5 which 112 are for replacement only (including 43 for po6 lice-type use); not to exceed $400,000 for payment, at the

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

8 evidence concerning violations of laws administered by the

9 United States Fish and Wildlife Service, and miscellane10 ous and emergency expenses of enforcement activities, au11 thorized or approved by the Secretary and to be accounted

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

13 roads within and adjacent to reservation areas caused by

14 operations of the United States Fish and Wildlife Service;

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

16 each option; facilities incident to such public recreational

17 uses on conservation areas as are consistent with their pri18 mary purpose; and the maintenance and improvement of

19 aquaria, buildings, and other facilities under the jurisdic20 tion of the United States Fish and Wildlife Service and

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

22 pursuant to law in connection with management and in23 vestigation of fish and wildlife resources: Provided, That

24 the United States Fish and Wildlife Service may accept

25 donated aircraft as replacements for existing aircraft.
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1 NATIONAL BIOLOGICAL SURVEY

2 RESEARCH, INVENTORIES, AND SURVEYS

3 For expenses necessary for scientific research relating

4 to species biology, population dynamics, and ecosystems;

5 inventory and monitoring activities; technology develop6 ment and transfer; the operation of Cooperative Research

7 Units; and for the general administration of the National

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

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

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

11 for construction: Provided, That the National Biological

12 Survey is authorized to accept lands, buildings, equipment,

13 and other contributions, either cash or in-kind, from pub14 lic and private sources, and to prosecute projects in co15 operation with other agencies, Federal, State, or private:

16 Provided further, That the National Biological Survey is

17 authorized to accept the services of individuals or entities

18 without compensation.

19 NATIONAL PARK SERVICE

20 OPERATION OF THE NATIONAL PARK SYSTEM

21 For expenses necessary for the management, oper22 ation, and maintenance of areas and facilities adminis23 tered by the National Park Service (including special road

24 maintenance service to trucking permittees on a reimburs25 able basis), and for the general administration of the Na-
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1 tional Park Service, including not to exceed $1,599,000

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

3 $1,000,000 for high priority projects within the scope of

4 the approved budget which shall be carried out by Youth

5 Conservation Corps as authorized by the Act of August

6 13, 1970, as amended by Public Law 93–408,

7 $1,059,333,000, without regard to the Act of August 24,

8 1912, as amended (16 U.S.C. 451), of which not to exceed

9 $78,559,000 to remain available until expended is to be

10 derived from the special fee account established pursuant

11 to title V, section 5201, of Public Law 100–203: Provided,

12 That the National Park Service shall not enter into future

13 concessionaire contracts, including renewals, that do not

14 include a termination for cause clause that provides for

15 possible extinguishment of possessory interests excluding

16 depreciated book value of concessionaire investments with17 out compensation.

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, without regard to the Act of

8 August 24, 1912, as amended (16 U.S.C. 451),

9 $184,699,000, to remain available until expended of which

10 $2,000,000 for the Boston Public Library shall be derived

11 from the Historic Preservation Fund pursuant to 16

12 U.S.C. 470a: Provided, That not to exceed $4,500,000

13 shall be paid to the Army Corps of Engineers for modifica14 tions authorized by section 104 of the Everglades National

15 Park Protection and Expansion Act of 1989: Provided fur16 ther, That of the funds provided under this heading,

17 $3,000,000 shall be available for the Lincoln Center in

18 Springfield, Illinois: Provided further, That notwithstand19 ing any other provision of law a single procurement for

20 the construction of the Franklin Delano Roosevelt Memo21 rial may be issued which includes the full scope of the

22 project: Provided further, That the solicitation and the

23 contract shall contain the clause ‘‘availability of funds’’

24 found at 48 CFR 52.323.18: Provided further, That the

25 $250,000 for Great Basin National Park, Nevada is for

26 the Baker Water and Sewer General Improvement District
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1 to cover the additional cost for oversizing the system to

2 serve National Park Service facilities at the administrative

3 site.

4 URBAN PARK AND RECREATION FUND

5 For expenses necessary to carry out the provisions

6 of the Urban Park and Recreation Recovery Act of 1978

7 (16 U.S.C. 2501–2514), $5,000,000, to remain available

8 until expended.

9 LAND AND WATER CONSERVATION FUND

10 (RESCISSION)

11 The contract authority provided for fiscal year 1994

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

13 LAND ACQUISITION AND STATE ASSISTANCE

14 For expenses necessary to carry out the provisions

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

16 as amended (16 U.S.C. 460l–4–11), including administra17 tive expenses, and for acquisition of lands or waters, or

18 interest therein, in accordance with statutory authority

19 applicable to the National Park Service, $89,460,000 to

20 be derived from the Land and Water Conservation Fund,

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

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

23 to administer the State assistance program: Provided,

24 That of the amounts previously appropriated to the Sec25 retary’s contingency fund for grants to States $9,000 shall
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1 be available in 1994 for administrative expenses of the

2 State grant program.

3 JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS

4 For expenses necessary for operating and maintain5 ing the John F. Kennedy Center for the Performing Arts,

6 $20,629,000, of which $12,697,000 shall remain available

7 until expended.

8 ILLINOIS AND MICHIGAN CANAL NATIONAL HERITAGE

9 CORRIDOR COMMISSION

10 For operation of the Illinois and Michigan Canal Na11 tional Heritage Corridor Commission, $250,000.

12 ADMINISTRATIVE PROVISIONS

13 Appropriations for the National Park Service shall be

14 available for the purchase of not to exceed 447 passenger

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

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

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

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

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

20 and environmental concerns: Provided further, That none

21 of the funds appropriated to the National Park Service

22 may be used to process any grant or contract documents

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

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

25 to pay overtime to any individual employee of the United

26 States Park Police in excess of $20,000 per year: Provided
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1 further, That notwithstanding any other provision of law,

2 the National Park Service may recover all costs of provid3 ing necessary services associated with special use permits,

4 such reimbursements to be credited to the appropriation

5 current at that time: Provided further, That none of the

6 funds appropriated to the National Park Service may be

7 used to implement an agreement for the redevelopment of

8 the southern end of Ellis Island until such agreement has

9 been submitted to the Congress and shall not be imple10 mented prior to the expiration of 30 calendar days (not

11 including any day in which either House of Congress is

12 not in session because of adjournment of more than three

13 calendar days to a day certain) from the receipt by the

14 Speaker of the House of Representatives and the Presi15 dent of the Senate of a full and comprehensive report on

16 the development of the southern end of Ellis Island, in17 cluding the facts and circumstances relied upon in support

18 of the proposed project.

19 UNITED STATES GEOLOGICAL SURVEY

20 SURVEYS, INVESTIGATIONS, AND RESEARCH

21 For expenses necessary for the United States Geo22 logical Survey to perform surveys, investigations, and re23 search covering topography, geology, hydrology, and the

24 mineral and water resources of the United States, its Ter25 ritories and possessions, and other areas as authorized by
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1 law (43 U.S.C. 31, 1332 and 1340); classify lands as to

2 their mineral and water resources; give engineering super3 vision to power permittees and Federal Energy Regulatory

4 Commission licensees; administer the minerals exploration

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

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

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

8 with States or municipalities for water resources investiga9 tions: Provided, That no part of this appropriation shall

10 be used to pay more than one-half the cost of any topo11 graphic mapping or water resources investigations carried

12 on in cooperation with any State or municipality: Provided

13 further, That notwithstanding any other provision of law

14 a single procurement for the construction of an addition

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

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

17 Provided further, That the solicitation and the contract

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

19 48 CFR 52.323.18.

20 ADMINISTRATIVE PROVISIONS

21 The amount appropriated for the United States Geo22 logical Survey shall be available for purchase of not to ex23 ceed 22 passenger motor vehicles, for replacement only;

24 reimbursement to the General Services Administration for

25 security guard services; contracting for the furnishing of

26 topographic maps and for the making of geophysical or
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1 other specialized surveys when it is administratively deter2 mined that such procedures are in the public interest; con3 struction and maintenance of necessary buildings and ap4 purtenant facilities; acquisition of lands for gauging sta5 tions and observation wells; expenses of the United States

6 National Committee on Geology; and payment of com7 pensation and expenses of persons on the rolls of the Unit8 ed States Geological Survey appointed, as authorized by

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

10 administration of interstate compacts: Provided, That ac11 tivities funded by appropriations herein made may be ac12 complished through the use of contracts, grants, or coop13 erative agreements as defined in Public Law 95–224.

14 MINERALS MANAGEMENT SERVICE

15 LEASING AND ROYALTY MANAGEMENT

16 For expenses necessary for minerals leasing and envi17 ronmental studies, regulation of industry operations, and

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

19 laws and regulations applicable to oil, gas, and other min20 erals leases, permits, licenses and operating contracts; and

21 for matching grants or cooperative agreements; including

22 the purchase of not to exceed eight passenger motor vehi23 cles for replacement only; $193,197,000, of which not less

24 than $65,896,000 shall be available for royalty manage25 ment activities; and an amount not to exceed $5,000,000
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1 for the Technical Information Management System of

2 Outer Continental Shelf (OCS) Lands Activity, to be cred3 ited to this appropriation and to remain available until ex4 pended, from additions to current preset receipts and from

5 additional fee collections relating to OCS administrative

6 activities performed by the Minerals Management Service

7 over and above what the Minerals Management Service

8 currently collects to offset its costs for these activities:

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

10 remain available until September 30, 1995: Provided fur11 ther, That funds appropriated under this Act shall be

12 available for the payment of interest in accordance with

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

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

15 related to promoting volunteer beach and marine cleanup

16 activities: Provided further, That notwithstanding any

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

18 available for refunds of overpayments in connection with

19 certain Indian leases in which the Director of the Minerals

20 Management Service concurred with the claimed refund

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

22 heading ‘‘Leasing and Royalty Management’’ for the Min23 erals Management Service in Public Law 102–381 (106

24 Stat. 1385–1386) is amended by striking the words ‘‘this

25 account’’ after the words ‘‘shall be credited to’’ and insert-
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1 ing in lieu thereof ‘‘the leasing and royalty management

2 account of the Minerals Management Service’’.

3 OIL SPILL RESEARCH

4 For necessary expenses to carry out the purposes of

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

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

7 Spill Liability Trust Fund, to remain available until ex8 pended.

9 BUREAU OF MINES

10 MINES AND MINERALS

11 For expenses necessary for conducting inquiries,

12 technological investigations, and research concerning the

13 extraction, processing, use, and disposal of mineral sub14 stances without objectionable social and environmental

15 costs; to foster and encourage private enterprise in the de16 velopment of mineral resources and the prevention of

17 waste in the mining, minerals, metal, and mineral rec18 lamation industries; to inquire into the economic condi19 tions affecting those industries; to promote health and

20 safety in mines and the mineral industry through re21 search; and for other related purposes as authorized by

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

23 available until expended.

24 ADMINISTRATIVE PROVISIONS

25 The Secretary is authorized to accept lands, build26 ings, equipment, other contributions, and fees from public
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1 and private sources, and to prosecute projects using such

2 contributions and fees in cooperation with other Federal,

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

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

5 directly or through any Government agency, including cor6 porations, any metal or mineral product that may be man7 ufactured in pilot plants operated by the Bureau of Mines,

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

9 Treasury as miscellaneous receipts.

10 OFFICE OF SURFACE MINING RECLAMATION AND

11 ENFORCEMENT

12 REGULATION AND TECHNOLOGY

13 For necessary expenses to carry out the provisions

14 of the Surface Mining Control and Reclamation Act of

15 1977, Public Law 95–87, as amended, including the pur16 chase of not to exceed 15 passenger motor vehicles for re17 placement only; $110,552,000, and notwithstanding 31

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

19 this account, to remain available until expended, from per20 formance bond forfeitures in fiscal year 1994: Provided,

21 That notwithstanding any other provision of law, the Sec22 retary of the Interior, pursuant to regulations, may utilize

23 directly or through grants to States, moneys collected in

24 fiscal year 1994 pursuant to the assessment of civil pen25 alties under section 518 of the Surface Mining Control
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1 and Reclamation Act of 1977 (30 U.S.C. 1268), to reclaim

2 lands adversely affected by coal mining practices after Au3 gust 3, 1977, to remain available until expended: Provided

4 further, That notwithstanding any other provisions of law,

5 appropriations for the Office of Surface Mining Reclama6 tion and Enforcement may provide for the travel and per

7 diem expenses of State and tribal personnel attending Of8 fice of Surface Mining Reclamation and Enforcement

9 sponsored training.

10 ABANDONED MINE RECLAMATION FUND

11 For necessary expenses to carry out the provisions

12 of title IV of the Surface Mining Control and Reclamation

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

14 the purchase of not more than 22 passenger motor vehicles

15 for replacement only, $190,107,000 to be derived from re16 ceipts of the Abandoned Mine Reclamation Fund and to

17 remain available until expended: Provided, That of the

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

19 the emergency program authorized by section 410 of Pub20 lic Law 95–87, as amended, of which no more than 25

21 per centum shall be used for emergency reclamation

22 projects in any one State and funds for Federally-adminis23 tered emergency reclamation projects under this proviso

24 shall not exceed $12,000,000: Provided further, That 16

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

26 Anthracite Reclamation Program at the Wilkes-Barre
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1 Field Office: Provided further, That pursuant to Public

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

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

4 delinquent debt owed to the United States Government to

5 pay for contracts to collect these debts.

6 BUREAU OF INDIAN AFFAIRS

7 OPERATION OF INDIAN PROGRAMS

8 For operation of Indian programs by direct expendi9 ture, contracts, cooperative agreements, and grants in10 cluding expenses necessary to provide education and wel11 fare services for Indians, either directly or in cooperation

12 with States and other organizations, including payment of

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

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

15 other assistance to needy Indians; maintenance of law and

16 order; management, development, improvement, and pro17 tection of resources and appurtenant facilities under the

18 jurisdiction of the Bureau of Indian Affairs, including pay19 ment of irrigation assessments and charges; acquisition of

20 water rights; advances for Indian industrial and business

21 enterprises; operation of Indian arts and crafts shops and

22 museums; development of Indian arts and crafts, as au23 thorized by law; for the general administration of the Bu24 reau of Indian Affairs, including such expenses in field

25 offices; maintaining of Indian reservation roads as defined
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1 in section 101 of title 23, United States Code; and con2 struction, repair, and improvement of Indian housing,

3 $1,492,650,000, including $316,111,000 for school oper4 ations costs of Bureau-funded schools and other education

5 programs which shall become available for obligation on

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

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

8 and road maintenance programs, to remain available until

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

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

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

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

13 each calendar year, and of which not to exceed

14 $74,764,000 for higher education scholarships, adult voca15 tional training, and assistance to public schools under the

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

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

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

19 to tribes and tribal organizations through contracts or

20 grants obligated during fiscal year 1994 as authorized by

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

22 2203; 25 U.S.C. 450 et seq.), or grants authorized by the

23 Indian Education Amendments of 1988 (25 U.S.C. 2001

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

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

2 $4,934,000 for self-governance tribal compacts shall be

3 made available on completion and submission of such com4 pacts to the Congress, and shall remain available until ex5 pended; and of which $1,179,000 for expenses necessary

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

7 93–531 (25 U.S.C. 640d–18(a)), shall remain available

8 until expended: Provided, That none of the funds appro9 priated to the Bureau of Indian Affairs shall be expended

10 as matching funds for programs funded under section

11 103(b)(2) of the Carl D. Perkins Vocational Education

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

13 available in this Act shall be available for cyclical mainte14 nance of tribally owned fish hatcheries and related facili15 ties: Provided further, That none of the funds in this Act

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

17 funds under a contract with any third party for the man18 agement of tribal or individual Indian trust funds until

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

20 have been audited and reconciled to the earliest possible

21 date, the results of such reconciliation have been certified

22 by an independent party as the most complete reconcili23 ation of such funds possible, and the affected tribe or indi24 vidual has been provided with an accounting of such

25 funds: Provided further, That notwithstanding any other
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1 provision of law, the statute of limitations shall not com2 mence to run on any claim, including any claim in litiga3 tion pending on the date of this Act, concerning losses to

4 or mismanagement of trust funds, until the affected tribe

5 or individual Indian has been furnished with the account6 ing of such funds from which the beneficiary can deter7 mine whether there has been a loss: Provided further, That

8 $297,000 of the amounts provided for education program

9 management shall be available for a grant to the Close

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

11 Bureau of Indian Affairs Reorganization shall continue

12 activities under its charter as adopted and amended on

13 April 17, 1991: Provided further, That any reorganization

14 proposal shall not be implemented until the Task Force

15 has reviewed it and recommended its implementation to

16 the Secretary and such proposal has been submitted to

17 and approved by the Committees on Appropriations, ex18 cept that the Bureau may submit a reorganization pro19 posal related only to management improvements, along

20 with Task Force comments or recommendations to the

21 Committees on Appropriations for review and disposition

22 by the Committees: Provided further, That to provide

23 funding uniformity within a Self-Governance Compact,

24 any funds provided in this Act with availability for more

25 than one year may be reprogrammed to one year availabil-
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1 ity but shall remain available within the Compact until

2 expended: Provided further, That notwithstanding any

3 other provision of law, Indian tribal governments may, by

4 appropriate changes in eligibility criteria or by other

5 means, change eligibility for general assistance or change

6 the amount of general assistance payments for individuals

7 within the service area of such tribe who are otherwise

8 deemed eligible for general assistance payments so long

9 as such changes are applied in a consistent manner to in10 dividuals similarly situated: Provided further, That any

11 savings realized by such changes shall be available for use

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

13 That any such change must be part of a comprehensive

14 tribal plan for reducing the long-term need for general as15 sistance payments: Provided further, That any such tribal

16 plan must incorporate, to the greatest extent feasible, cur17 rently existing social service, educational training, and em18 ployment assistance resources prior to changing general

19 assistance eligibility or payment standards which would

20 have the effect of increasing the cost of general assistance:

21 Provided further, That any net increase in costs to the

22 Federal government which result solely from tribally in23 creased payment levels and which are not part of such a

24 comprehensive tribal plan shall be met exclusively from

25 funds available to the tribe from within its tribal priority
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1 allocation: Provided further, That any forestry funds allo2 cated to a tribe which remain unobligated as of September

3 30, 1994, may be transferred during fiscal year 1995 to

4 an Indian forest land assistance account established for

5 the benefit of such tribe within the tribe’s trust fund ac6 count: Provided further, That any such unobligated bal7 ances not so transferred shall expire on September 30,

8 1995: Provided further, That notwithstanding any other

9 provision of law, no funds available to the Bureau of In10 dian Affairs, other than the amounts provided herein for

11 assistance to public schools under the Act of April 16,

12 1934 (48 Stat. 596), as amended (25 U.S.C. 452 et seq.),

13 shall be available to support the operation of any elemen14 tary or secondary school in the State of Alaska in fiscal

15 year 1994: Provided further, That the Bureau shall form

16 a Joint Task Force with representatives of Alaska Natives

17 and Alaska schools to examine the needs of the schools

18 and formulate recommendations to address those needs in

19 fiscal year 1994.

20 CONSTRUCTION

21 For construction, major repair, and improvement of

22 irrigation and power systems, buildings, utilities, and

23 other facilities, including architectural and engineering

24 services by contract; acquisition of lands and interests in

25 lands; and preparation of lands for farming,

26 $172,799,000, to remain available until expended: Pro-
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1 vided, That $1,500,000 of the funds made available in this

2 Act shall be available for rehabilitation of tribally owned

3 fish hatcheries and related facilities: Provided further,

4 That such amounts as may be available for the construc5 tion of the Navajo Indian Irrigation Project and for other

6 water resource development activities related to the Salt

7 River Pima-Maricopa Water Rights Settlement Act,

8 Southern Arizona Water Rights Settlement Act and Fort

9 McDowell Indian Community Water Rights Settlement

10 Act may be transferred to the Bureau of Reclamation:

11 Provided further, That not to exceed 6 per centum of con12 tract authority available to the Bureau of Indian Affairs

13 from the Federal Highway Trust Fund may be used to

14 cover the road program management costs of the Bureau

15 of Indian Affairs: Provided further, That any funds pro16 vided for the Safety of Dams program pursuant to 25

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

18 basis.

19 INDIAN LAND AND WATER CLAIM SETTLEMENTS AND

20 MISCELLANEOUS PAYMENTS TO INDIANS

21 For miscellaneous payments to Indian tribes and in22 dividuals for implementation of enacted Indian land and

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

24 97–293, 100–512, 101–486, 101–602, 101–618, 101–

25 628, 102–441, 102–575, and for implementation of other

26 enacted water rights settlements, and for necessary ad-
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1 ministrative expenses, $103,259,000, to remain available

2 until expended: Provided, That of the funds provided here3 in, $1,260,000 shall be available pursuant to Public Laws

4 96–420, 98–500, 99–264, and 100–580; and $3,000,000

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

6 and individual Indian payees of any checks canceled pur7 suant to section 1003 of the Competitive Equality Bank8 ing Act of 1987 (Public Law 100–86 (101 Stat. 659)),

9 31 U.S.C. 3334(b), and (2) to restore to Individual Indian

10 Monies trust funds amounts invested in credit unions or

11 defaulted savings and loan associations and which were

12 not Federally insured, including any interest on these

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

14 of the default.

15 NAVAJO REHABILITATION TRUST FUND

16 For Navajo tribal rehabilitation and improvement ac17 tivities in accordance with the provisions of section 32(d)

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

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

20 to remain available until expended.

21 TECHNICAL ASSISTANCE OF INDIAN ENTERPRISES

22 For payment of management and technical assistance

23 requests associated with loans and grants approved under

24 the Indian Financing Act of 1974, as amended,

25 $1,970,000.
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1 INDIAN DIRECT LOAN PROGRAM ACCOUNT

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

3 Budget Enforcement Act of 1990, including the cost of

4 modifying loans, of expert assistance loans authorized by

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

6 of direct loans authorized by the Indian Financing Act of

7 1974, as amended, $2,484,000: Provided, That these

8 funds are available to subsidize gross obligations for the

9 principal amount of direct loans not to exceed

10 $10,890,000.

11 INDIAN GUARANTEED LOAN PROGRAM ACCOUNT

12 For the cost of guaranteed loans, $8,784,000, as au13 thorized by the Indian Financing Act of 1974, as amend14 ed: Provided, That such costs including the cost of modify15 ing such loans, shall be as defined in section 502 of the

16 Congressional Budget Act of 1974, as amended: Provided

17 further, That these funds are available to subsidize total

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

19 to exceed $69,000,000.

20 In addition, for administrative expenses necessary to

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

22 ADMINISTRATIVE PROVISIONS

23 Appropriations for the Bureau of Indian Affairs (ex24 cept the revolving fund for loans, the Indian loan guaran25 tee and insurance fund, the Technical Assistance of Indian

26 Enterprises account, the Indian Direct Loan Program ac-
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1 count, and the Indian Guaranteed Loan Program account)

2 shall be available for expenses of exhibits, and purchase

3 of not to exceed 260 passenger carrying motor vehicles,

4 of which not to exceed 212 shall be for replacement only.

5 TERRITORIAL AND INTERNATIONAL AFFAIRS

6 ADMINISTRATION OF TERRITORIES

7 For expenses necessary for the administration of ter8 ritories under the jurisdiction of the Department of the

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

10 available until expended for technical assistance, including

11 maintenance assistance, disaster assistance, drug interdic12 tion and abuse prevention, insular management controls,

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

14 judiciary in American Samoa for compensation and ex15 penses, as authorized by law (48 U.S.C. 1661(c)); grants

16 to the Government of American Samoa, in addition to cur17 rent local revenues, for construction and support of gov18 ernmental functions; grants to the Government of the Vir19 gin Islands as authorized by law; grants to the Govern20 ment of Guam, as authorized by law; and grants to the

21 Government of the Northern Mariana Islands as author22 ized by law (Public Law 94–241; 90 Stat. 272); and (2)

23 $4,538,000 shall be available for salaries and expenses of

24 the Office of Territorial and International Affairs: Pro25 vided, That all financial transactions of the territorial and
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1 local governments herein provided for, including such

2 transactions of all agencies or instrumentalities estab3 lished or utilized by such governments, shall be audited

4 by the General Accounting Office, in accordance with

5 chapter 35 of title 31, United States Code: Provided fur6 ther, That Northern Mariana Islands Covenant grant

7 funding shall be provided according to those terms of the

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

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

11 should the Secretary of the Interior believe that the per12 formance standards of such agreement are not being met,

13 operations funds may be withheld, but only by Act of Con14 gress as required by Public Law 99–396: Provided further,

15 That $1,025,000 of the amounts provided for technical as16 sistance shall be available for a grant to the Close Up

17 Foundation.

18 TRUST TERRITORY OF THE PACIFIC ISLANDS

19 For expenses necessary for the Department of the In20 terior in administration of the Trust Territory of the Pa21 cific Islands pursuant to the Trusteeship Agreement ap22 proved by joint resolution of July 18, 1947 (61 Stat. 397),

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

24 (90 Stat. 299; 91 Stat. 1159; 92 Stat. 495), and grants

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

26 to local revenues, for support of governmental functions;
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1 $24,038,000, to remain available until expended, including

2 $18,605,000 for operations of the Government of Palau:

3 Provided, That all financial transactions of the Trust Ter4 ritory, including such transactions of all agencies or in5 strumentalities established or utilized by such Trust Terri6 tory, shall be audited by the General Accounting Office

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

8 Code: Provided further, That all Government operations

9 funds appropriated and obligated for the Republic of

10 Palau under this account for fiscal year 1994 shall be

11 credited as an offset against fiscal year 1994 payments

12 made pursuant to the legislation approving the Palau

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

14 Compact is implemented before October 1, 1994: Provided

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

16 Republic of Palau, for support of governmental functions,

17 shall be dedicated to the College of Micronesia in accord18 ance with the agreement between the Micronesian entities.

19 COMPACT OF FREE ASSOCIATION

20 For economic assistance and necessary expenses for

21 the Federated States of Micronesia and the Republic of

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

23 223, 232, and 233 of the Compacts of Free Association,

24 $22,102,000, to remain available until expended, as au25 thorized by Public Law 99–239: Provided, That the effec26 tive date of the Palau Compact for purposes of economic
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1 assistance pursuant to the Palau Compact of Free Asso2 ciation, Public Law 99–658, shall be the effective date of

3 the Palau Compact as determined pursuant to section 101

4 of Public Law 101–219.

5 DEPARTMENTAL OFFICES

6 OFFICE OF THE SECRETARY

7 SALARIES AND EXPENSES

8 For necessary expenses of the Office of the Secretary

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

10 may be for official reception and representation expenses.

11 OFFICE OF THE SOLICITOR

12 SALARIES AND EXPENSES

13 For necessary expenses of the Office of the Solicitor,

14 $33,359,000.

15 OFFICE OF INSPECTOR GENERAL

16 SALARIES AND EXPENSES

17 For necessary expenses of the Office of the Inspector

18 General, $24,283,000.

19 CONSTRUCTION MANAGEMENT

20 SALARIES AND EXPENSES

21 For necessary expenses of the Office of Construction

22 Management, $2,494,000.
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1 NATIONAL INDIAN GAMING COMMISSION

2 SALARIES AND EXPENSES

3 For necessary expenses of the National Indian Gam4 ing Commission, pursuant to Public Law 100–497,

5 $1,000,000.

6 ADMINISTRATIVE PROVISIONS

7 There is hereby authorized for acquisition from avail8 able resources within the Working Capital Fund, 18 air9 craft, 10 of which shall be for replacement and which may

10 be obtained by donation, purchase or through available ex11 cess surplus property: Provided, That notwithstanding any

12 other provision of law, existing aircraft being replaced may

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

14 offset the purchase price for the replacement aircraft: Pro15 vided further, That no programs funded with appropriated

16 funds in the ‘‘Office of the Secretary’’, ‘‘Office of the So17 licitor’’, and ‘‘Office of Inspector General’’ may be aug18 mented through the Working Capital Fund or the Consoli19 dated Working Fund.

20 GENERAL PROVISIONS, DEPARTMENT OF THE

21 INTERIOR

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

23 available for expenditure or transfer (within each bureau

24 or office), with the approval of the Secretary, for the emer25 gency reconstruction, replacement, or repair of aircraft,

26 buildings, utilities, or other facilities or equipment dam-
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1 aged or destroyed by fire, flood, storm, or other unavoid2 able causes: Provided, That no funds shall be made avail3 able under this authority until funds specifically made

4 available to the Department of the Interior for emer5 gencies shall have been exhausted: Provided further, That

6 all funds used pursuant to this section are hereby des7 ignated by Congress to be ‘‘emergency requirements’’ pur8 suant to section 251(b)(2)(D) of the Balanced Budget and

9 Emergency Deficit Control Act of 1985 and must be re10 plenished by a supplemental appropriation which must be

11 requested as promptly as possible.

12 SEC. 102. The Secretary may authorize the expendi13 ture or transfer of any no year appropriation in this title,

14 in addition to the amounts included in the budget pro15 grams of the several agencies, for the suppression or emer16 gency prevention of forest or range fires on or threatening

17 lands under the jurisdiction of the Department of the Inte18 rior; for the emergency rehabilitation of burned-over lands

19 under its jurisdiction; for emergency actions related to po20 tential or actual earthquakes, floods, volcanoes, storms, or

21 other unavoidable causes; for contingency planning subse22 quent to actual oilspills; response and natural resource

23 damage assessment activities related to actual oilspills; for

24 the prevention, suppression, and control of actual or po25 tential grasshopper and Mormon cricket outbreaks on
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1 lands under the jurisdiction of the Secretary, pursuant to

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

3 (99 Stat. 1658); for emergency reclamation projects under

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

5 any no year funds available to the Office of Surface Min6 ing Reclamation and Enforcement, such funds as may be

7 necessary to permit assumption of regulatory authority in

8 the event a primacy State is not carrying out the regu9 latory provisions of the Surface Mining Act: Provided,

10 That appropriations made in this title for fire suppression

11 purposes shall be available for the payment of obligations

12 incurred during the preceding fiscal year, and for reim13 bursement to other Federal agencies for destruction of ve14 hicles, aircraft, or other equipment in connection with

15 their use for fire suppression purposes, such reimburse16 ment to be credited to appropriations currently available

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

18 emergency rehabilitation and wildfire suppression activi19 ties, no funds shall be made available under this authority

20 until funds appropriated to the ‘‘Emergency Department

21 of the Interior Firefighting Fund’’ shall have been ex22 hausted: Provided further, That all funds used pursuant

23 to this section are hereby designated by Congress to be

24 ‘‘emergency requirements’’ pursuant to section

25 251(b)(2)(D) of the Balanced Budget and Emergency
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1 Deficit Control Act of 1985 and must be replenished by

2 a supplemental appropriation which must be requested as

3 promptly as possible: Provided further, That such replen4 ishment funds shall be used to reimburse, on a pro rata

5 basis, accounts from which emergency funds were trans6 ferred.

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

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

9 similar facilities, wherever consolidation of activities will

10 contribute to efficiency or economy, and said appropria11 tions shall be reimbursed for services rendered to any

12 other activity in the same manner as authorized by sec13 tions 1535 and 1536 of title 31, U.S.C.: Provided, That

14 reimbursements for costs and supplies, materials, equip15 ment, and for services rendered may be credited to the

16 appropriation current at the time such reimbursements

17 are received.

18 SEC. 104. Appropriations made to the Department

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

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

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

22 maintenance, and operation of aircraft; hire of passenger

23 motor vehicles; purchase of reprints; payment for tele24 phone service in private residences in the field, when au25 thorized under regulations approved by the Secretary; and
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1 the payment of dues, when authorized by the Secretary,

2 for library membership in societies or associations which

3 issue publications to members only or at a price to mem4 bers lower than to subscribers who are not members.

5 SEC. 105. Appropriations available to the Depart6 ment of the Interior for salaries and expenses shall be

7 available for uniforms or allowances therefor, as author8 ized by law (5 U.S.C. 5901–5902 and D.C. Code 4–204).

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

10 available for obligation in connection with contracts issued

11 by the General Services Administration for services or

12 rentals for periods not in excess of twelve months begin13 ning at any time during the fiscal year.

14 SEC. 107. No funds provided in this title may be ex15 pended by the Department of the Interior for the conduct

16 of offshore leasing and related activities placed under re17 striction in the President’s moratorium statement of June

18 26, 1990, in the areas of Northern, Central, and Southern

19 California; the North Atlantic; Washington and Oregon;

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

21 latitude and east of 86 degrees west longitude.

22 SEC. 108. No funds provided in this title may be ex23 pended by the Department of the Interior for the conduct

24 of leasing, or the approval or permitting of any drilling
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1 or other exploration activity, on lands within the North

2 Aleutian Basin planning area.

3 SEC. 109. 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 Eastern Gulf of

6 Mexico for Outer Continental Shelf Lease Sale 137 or for

7 Sale 151 in the April 1992 proposal for the Outer Con8 tinental Shelf Natural Gas and Oil Resource Management

9 Comprehensive Program, 1992–1997.

10 SEC. 110. No funds provided in this title may be ex11 pended by the Department of the Interior for the conduct

12 of preleasing and leasing activities in the Atlantic for

13 Outer Continental Shelf Lease Sale 164 in the April 1992

14 proposal for the Outer Continental Shelf Natural Gas and

15 Oil Resource Management Comprehensive Program,

16 1992–1997.

17 SEC. 111. None of the funds in this Act may be used

18 to issue permits necessary for the construction of jetties

19 at Oregon Inlet, North Carolina.

20 SEC. 112. None of the funds appropriated or other21 wise made available pursuant to this Act shall be obligated

22 or expended to accept or process applications for a patent

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

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

25 site claim located under the general mining laws.
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1 SEC. 113. The provisions of section 112 shall not

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

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

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

5 this Act, and (2) all requirements established under sec6 tions 2325 and 2326 of the Revised Statutes (30 U.S.C.

7 29 and 30) for vein or lode claims and sections 2329,

8 2330, 2331, and 2333 of the Revised Statutes (30 U.S.C.

9 35, 36, and 37) for placer claims, and section 2337 of

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

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

12 SEC. 114. None of the funds in this Act may be used

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

14 existing rights’’ for purposes of section 522(e) of the Sur15 face Mining Control and Reclamation Act of 1977 or to

16 publish a final rule disapproving any existing State defini17 tion of valid existing rights.

18 SEC. 115. None of the funds appropriated or other19 wise made available in this title may be used to fund oper20 ation or support of Grazing Advisory Boards established

21 by order of the Secretary of the Interior.
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1 TITLE II—RELATED AGENCIES

2 DEPARTMENT OF AGRICULTURE

3 FOREST SERVICE

4 FOREST RESEARCH

5 For necessary expenses of forest research as author6 ized by law, $193,083,000, to remain available until Sep7 tember 30, 1995.

8 INTERNATIONAL FORESTRY

9 For necessary expenses of international forestry as

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

11 $16,996,000, to remain available until September 30,

12 1995.

13 STATE AND PRIVATE FORESTRY

14 For necessary expenses of cooperating with, and pro15 viding technical and financial assistance to States, Terri16 tories, possessions, and others; and for forest pest man17 agement activities, $155,903,000, to remain available

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

19 the funds previously appropriated under this head as a

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

21 shall be provided as a grant to the Texas Reforestation

22 Foundation.

23 EMERGENCY PEST SUPPRESSION FUND

24 For necessary expenses for emergency suppression of

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

26 Provided, That these funds, or any portion thereof, shall
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1 be available in fiscal year 1994 only to the extent that

2 the President notifies the Congress of his designation of

3 any or all of these amounts as emergency requirements

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

5 Emergency Deficit Control Act of 1985: Provided further,

6 That Congress hereby designates these amounts as emer7 gency requirements pursuant to section 251(b)(2)(D) of

8 the Balanced Budget and Emergency Deficit Control Act

9 of 1985.

10 NATIONAL FOREST SYSTEM

11 For necessary expenses of the Forest Service, not

12 otherwise provided for, for management, protection, im13 provement, and utilization of the National Forest System,

14 and for administrative expenses associated with the man15 agement of funds provided under the heads ‘‘Forest Re16 search’’, ‘‘State and Private Forestry’’, ‘‘National Forest

17 System’’, ‘‘Construction’’, ‘‘Forest Service Fire Protec18 tion’’, ‘‘Emergency Forest Service Firefighting Fund’’,

19 ‘‘Forest Service Law Enforcement’’, and ‘‘Land Acquisi20 tion’’, $1,237,272,000, to remain available for obligation

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

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

23 collected under the Land and Water Conservation Fund

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

25 of the Act (16 U.S.C. 460l–6a(i)): Provided, That unobli26 gated and unexpended balances in the National Forest
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1 System account at the end of fiscal year 1993, shall be

2 merged with and made a part of the fiscal year 1994 Na3 tional Forest System appropriation, and shall remain

4 available for obligation until September 30, 1995: Pro5 vided further, That timber volume authorized or scheduled

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

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

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

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

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

11 road maintenance shall be available for the planned oblit12 eration of roads which are no longer needed.

13 FOREST SERVICE LAW ENFORCEMENT

14 For necessary expenses for Forest Service law en15 forcement, including criminal investigations, as authorized

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

17 until September 30, 1995.

18 FOREST SERVICE FIRE PROTECTION

19 For necessary expenses for firefighting on or adjacent

20 to National Forest System lands or other lands under fire

21 protection agreement, and for forest fire management and

22 presuppression on National Forest System lands,

23 $190,108,000, to remain available until expended: Pro24 vided, That unexpended balances of amounts previously

25 appropriated for this purpose under the heading ‘‘Forest

26 Service Firefighting’’, Forest Service, may be transferred
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1 to and merged with this appropriation and accounted for

2 as one appropriation for the same time period as originally

3 enacted.

4 EMERGENCY FOREST SERVICE FIREFIGHTING FUND

5 For necessary expenses for emergency rehabilitation,

6 presuppression due to emergencies or economic efficiency,

7 and wildfire suppression activities of the Forest Service,

8 $190,222,000, to remain available until expended: Pro9 vided, That such funds are available for repayment of ad10 vances from other appropriation accounts previously

11 transferred for such purposes.

12 CONSTRUCTION

13 For necessary expenses of the Forest Service, not

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

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

16 for construction and acquisition of buildings and other fa17 cilities; and $140,228,000 is for construction and repair

18 of forest roads and trails by the Forest Service as author19 ized by 16 U.S.C. 532–538 and 23 U.S.C. 101 and 205:

20 Provided, That funds becoming available in fiscal year

21 1994 under the Act of March 4, 1913 (16 U.S.C. 501)

22 shall be transferred to the General Fund of the Treasury

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

24 $60,000,000, to remain available until expended, may be

25 obligated for the construction of forest roads by timber

26 purchasers.
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1 LAND ACQUISITION

2 For expenses necessary to carry out the provisions

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

4 as amended (16 U.S.C. 460l–4–11), including administra5 tive expenses, and for acquisition of land or waters, or in6 terest therein, in accordance with statutory authority ap7 plicable to the Forest Service, $56,700,000, to be derived

8 from the Land and Water Conservation Fund, to remain

9 available until expended and $300,000 which shall be de10 rived from funds appropriated under this head in Public

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

12 at and near the Old Chief Joseph Gravesite and which

13 shall be available for all activities under this heading.

14 ACQUISITION OF LANDS FOR NATIONAL FORESTS

15 SPECIAL ACTS

16 For acquisition of lands within the exterior bound17 aries of the Cache, Uinta, and Wasatch National Forests,

18 Utah; the Toiyabe National Forest, Nevada; and the An19 geles, San Bernardino, Sequoia, and Cleveland National

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

21 be derived from forest receipts.

22 ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES

23 For acquisition of lands, to be derived from funds de24 posited by State, county, or municipal governments, public

25 school districts, or other public school authorities pursuant
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1 to the Act of December 4, 1967, as amended (16 U.S.C.

2 484a), to remain available until expended.

3 RANGE BETTERMENT FUND

4 For necessary expenses of range rehabilitation, pro5 tection, and improvement, 50 per centum of all moneys

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

7 domestic livestock on lands in National Forests in the six8 teen Western States, pursuant to section 401(b)(1) of

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

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

11 available for administrative expenses associated with on12 the-ground range rehabilitation, protection, and improve13 ments.

14 GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND

15 RANGELAND RESEARCH

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

17 $96,000, to remain available until expended, to be derived

18 from the fund established pursuant to the above Act.

19 ADMINISTRATIVE PROVISIONS, FOREST SERVICE

20 Appropriations to the Forest Service for the current

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

22 exceed 182 passenger motor vehicles of which 20 will be

23 used primarily for law enforcement purposes and of which

24 164 shall be for replacement only, of which acquisition of

25 122 passenger motor vehicles shall be from excess sources,

26 and hire of such vehicles; operation and maintenance of
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1 aircraft, the purchase of not to exceed two for replacement

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

3 notwithstanding other provisions of law, existing aircraft

4 being replaced may be sold, with proceeds derived or

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

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

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

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

9 under 5 U.S.C. 3109; (c) purchase, erection, and alter10 ation of buildings and other public improvements (7

11 U.S.C. 2250); (d) acquisition of land, waters, and inter12 ests therein, pursuant to the Act of August 3, 1956 (7

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

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

15 558d, 558a note); and (f) for debt collection contracts in

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

17 None of the funds made available under this Act shall

18 be obligated or expended to change the boundaries of any

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

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

21 Forest System administration of the Forest Service, De22 partment of Agriculture, without the consent of the House

23 and Senate Committees on Appropriations and the Com24 mittee on Agriculture, Nutrition, and Forestry in the
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1 United States Senate and the Committee on Agriculture

2 in the United States House of Representatives.

3 Any appropriations or funds available to the Forest

4 Service may be advanced to the Forest Service Firefight5 ing appropriation and may be used for forest firefighting

6 and the emergency rehabilitation of burned-over lands

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

8 made available under this authority until funds appro9 priated to the ‘‘Emergency Forest Service Firefighting

10 Fund’’ shall have been exhausted.

11 The appropriation structure for the Forest Service

12 may not be altered without advanced approval of the

13 House and Senate Committees on Appropriations.

14 Funds appropriated to the Forest Service shall be

15 available for assistance to or through the Agency for Inter16 national Development and the Office of International Co17 operation and Development in connection with forest and

18 rangeland research, technical information, and assistance

19 in foreign countries, and shall be available to support for20 estry and related natural resource activities outside the

21 United States and its territories and possessions, includ22 ing technical assistance, education and training, and co23 operation with United States and international organiza24 tions.
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1 All funds received for timber salvage sales may be

2 credited to the Forest Service Permanent Appropriations

3 to be expended for timber salvage sales from any national

4 forest.

5 None of the funds made available to the Forest Serv6 ice under this Act shall be subject to transfer under the

7 provisions of section 702(b) of the Department of Agri8 culture Organic Act of 1944 (7 U.S.C. 2257) or 7 U.S.C.

9 147b unless the proposed transfer is approved in advance

10 by the House and Senate Committees on Appropriations

11 in compliance with the reprogramming procedures con12 tained in House Report 102–116.

13 No funds appropriated to the Forest Service shall be

14 transferred to the Working Capital Fund of the Depart15 ment of Agriculture without the approval of the Chief of

16 the Forest Service.

17 Notwithstanding any other provision of law, any ap18 propriations or funds available to the Forest Service may

19 be used to disseminate program information to private and

20 public individuals and organizations through the use of

21 nonmonetary items of nominal value and to provide

22 nonmonetary awards of nominal value and to incur nec23 essary expenses for the nonmonetary recognition of private

24 individuals and organizations that make contributions to

25 Forest Service programs.
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1 Notwithstanding any other provision of law, money

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

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

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

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

6 permit applications and for costs incurred in monitoring

7 the construction, operation, maintenance, and termination

8 of any pipeline and related facilities, may be used to reim9 burse the applicable appropriation to which such costs

10 were originally charged.

11 Funds available to the Forest Service shall be avail12 able to conduct a program of not less than $1,000,000

13 for high priority projects within the scope of the approved

14 budget which shall be carried out by the Youth Conserva15 tion Corps as authorized by the Act of August 13, 1970,

16 as amended by Public Law 93–408.

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

18 for timber sale preparation using clearcutting in hardwood

19 stands in excess of 25 percent of the fiscal year 1989 har20 vested volume in the Wayne National Forest, Ohio: Pro21 vided, That this limitation shall not apply to hardwood

22 stands damaged by natural disaster: Provided further,

23 That landscape architects shall be used to maintain a vis24 ually pleasing forest.
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1 None of the funds made available to the Forest Serv2 ice in this Act shall be expended for the purpose of admin3 istering a special use authorization permitting land use

4 and occupancy and surface disturbing activities for any

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

6 California, until a study has been completed and submit7 ted to the Congress by the Forest Service in consultation

8 with the United States Fish and Wildlife Service, the

9 United States Army Corps of Engineers, the California

10 State Water Resources Control Board, the California De11 partment of Fish and Game and other interested public

12 parties regarding the project’s potential cumulative im13 pacts on the environment, together with a finding that

14 there will be no substantial adverse impact on the environ15 ment. Findings from the study must be presented at no

16 less than three public meetings.

17 Any money collected from the States for fire suppres18 sion assistance rendered by the Forest Service on non19 Federal lands not in the vicinity of National Forest Sys20 tem lands shall be used to reimburse the applicable appro21 priation and shall remain available until expended as the

22 Secretary may direct in conducting activities authorized

23 by 16 U.S.C. 2101 (note), 2101–2110, 1606, and 2111.
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1 Of the funds available to the Forest Service, $1,500

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

3 reception and representation expenses.

4 Notwithstanding any other provision of law, the For5 est Service is authorized to employ or otherwise contract

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

7 Service, to perform work occasioned by emergencies such

8 as fires, storms, floods, earthquakes or any other unavoid9 able cause without regard to Sundays, Federal holidays,

10 and the regular workweek.

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

12 for preparation of timber sales using clearcutting or other

13 forms of even aged management in hardwood stands in

14 the Shawnee National Forest, Illinois.

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

16 for timber sale planning, scoping or preparation using

17 clearcutting in the Ouachita and Ozark-St. Francis Na18 tional Forests, Arkansas.

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

20 to alter the current understory, midstory or overstory com21 position or the current proportion of pines and hardwoods

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

23 Ozark-St. Francis National Forest, Arkansas.

24 None of the funds available to the Forest Service in

25 this Act shall be used to plan or conduct timber sales or
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1 to plan or build roads in the Rocky Face, Hidden Creek

2 or Johns Mountain areas of the Chattahoochee National

3 Forest, Georgia.

4 Notwithstanding section 14 of the National Forest

5 Management Act of 1976 (16 U.S.C. 472a), the Secretary

6 of Agriculture may negotiate sales of Pacific yew at not

7 less than appraised value, to parties manufacturing taxol

8 in the United States in accordance with the requirements

9 of section 505 of the Food, Drug, and Cosmetic Act (21

10 U.S.C. 355) for use in humans. Moneys received from the

11 sale of Pacific yew are hereby appropriated and made

12 available until expended by the Forest Service to fund the

13 costs associated with the harvest of Pacific yew.

14 The Forest Service may offer for sale salvageable

15 timber in Region 5 and Region 6 in fiscal year 1994: Pro16 vided, That for forests known to contain the Northern

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

18 the offering of such sale will not render the area unsuit19 able as habitat for the Northern spotted owl: Provided fur20 ther, That timber salvage activity in spotted owl habitat

21 is to be done in full compliance with all existing environ22 mental and forest management laws.

23 Pursuant to section 405(b), and section 410(b) of

24 Public Law 101–593, funds up to $1,000,000 for match-
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1 ing funds shall be available for the National Forest Foun2 dation.

3 None of the funds available to the Forest Service in

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

5 in fiscal year 1994 using the scaling method.

6 It is the sense of Congress that the Secretary of Agri7 culture should issue rules at the earliest practicable date

8 on the issue of below-cost timber sales.

9 DEPARTMENT OF ENERGY

10 CLEAN COAL TECHNOLOGY

11 The first paragraph under this head in Public Law

12 101–512, as amended, is further amended by striking the

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

14 $100,000,000 on October 1, 1994’’ and inserting

15 ‘‘$100,000,000 on October 1, 1993, $100,000,000 on Oc16 tober 1, 1994, and $50,000,000 on October 1, 1995’’ and

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

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

19 ‘‘$150,000,000 on October 1, 1993, $250,000,000 on Oc20 tober 1, 1994, and $100,000,000 on October 1, 1995’’.

21 FOSSIL ENERGY RESEARCH AND DEVELOPMENT

22 For necessary expenses in carrying out fossil energy

23 research and development activities, under the authority

24 of the Department of Energy Organization Act (Public

25 Law 95–91), including the acquisition of interest, includ-
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1 ing defeasible and equitable interests in any real property

2 or any facility or for plant or facility acquisition or expan3 sion, $438,163,000, to remain available until expended:

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

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

6 the recovery of oil and gas.

7 ALTERNATIVE FUELS PRODUCTION

8 (INCLUDING TRANSFER OF FUNDS)

9 Monies received as investment income on the prin10 cipal amount in the Great Plains Project Trust at the

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

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

13 account and immediately transferred to the General Fund

14 of the Treasury. Monies received as revenue sharing from

15 the operation of the Great Plains Gasification Plant shall

16 be immediately transferred to the General Fund of the

17 Treasury.

18 NAVAL PETROLEUM AND OIL SHALE RESERVES

19 For necessary expenses in carrying out naval petro20 leum and oil shale reserve activities, $214,772,000, to re21 main available until expended: Provided, That the require22 ments of 10 U.S.C. 7430(b)(2)(B) shall not apply in fiscal

23 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 $19,366,000 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
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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: Provided further, That existing facilities,

7 equipment, and supplies, or previously expended research

8 or development funds are not accepted as contributions

9 for the purposes of this appropriation, except as amor10 tized, depreciated, or expensed in normal business prac11 tice: Provided further, That the total Federal expenditure

12 under this proviso shall be repaid up to one and one-half

13 times from the proceeds of the commercial sale, lease,

14 manufacture, or use of technologies developed under this

15 proviso, at a rate of one-fourth of all net proceeds: Pro16 vided further, That funding provided under this head for

17 electric and hybrid vehicle battery research and develop18 ment conducted on a cooperative basis with non-Federal

19 entities shall be available only as matched on an equal

20 basis by such entities: Provided further, That hereafter the

21 Department of Energy, for a period of up to five years

22 after the completion of individual projects may provide ap23 propriate protections, including exemptions from sub24 chapter II of chapter 5 of title 5, United States Code,

25 against the dissemination of information that results from
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1 activities conducted by the United States Advanced Bat2 tery Consortium or its contractors, or participants in the

3 hybrid vehicle propulsion development program and their

4 contractors and that would be a trade secret or commer5 cial or financial information that is privileged or confiden6 tial if the information had been obtained from and first

7 produced by a non-Federal party participating in the Unit8 ed States Advanced Battery Consortium or in the hybrid

9 vehicle propulsion development program.

10 ECONOMIC REGULATION

11 For necessary expenses in carrying out the activities

12 of the Economic Regulatory Administration and the Office

13 of Hearings and Appeals, $12,994,000, to remain avail14 able until expended.

15 EMERGENCY PREPAREDNESS

16 For necessary expenses in carrying out emergency

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

18 until expended.

19 STRATEGIC PETROLEUM RESERVE

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

22 management activities pursuant to the Energy Policy and

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

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

25 Provided, That appropriations herein made shall not be

26 available for leasing of facilities for the storage of crude
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1 oil for the Strategic Petroleum Reserve unless the quantity

2 of oil stored in or deliverable to Government-owned stor3 age facilities by virtue of contractual obligations is equal

4 to 700,000,000 barrels: Provided further, That the re5 quirements of 42 U.S.C. 6240(g) shall not apply in fiscal

6 year 1994.

7 SPR PETROLEUM ACCOUNT

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

9 States share of crude oil in Naval Petroleum Reserve

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

11 of to other than the Strategic Petroleum Reserve: Pro12 vided, That outlays in fiscal year 1994 resulting from the

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

14 Provided further, That no outlays resulting from appro15 priations made in fiscal year 1993 for acquisition, trans16 porting, and drawing down oil to be stored in the Strategic

17 Petroleum Reserve for national defense purposes shall be

18 counted against any outlay ceiling established for the SPR

19 petroleum account.

20 ENERGY INFORMATION ADMINISTRATION

21 For necessary expenses in carrying out the activities

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

23 to remain available until expended.

24 ADMINISTRATIVE PROVISIONS, DEPARTMENT OF ENERGY

25 Appropriations under this Act for the current fiscal

26 year shall be available for hire of passenger motor vehicles;
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1 hire, maintenance, and operation of aircraft; purchase, re2 pair, and cleaning of uniforms; and reimbursement to

3 the General Services Administration for security guard

4 services.

5 From appropriations under this Act, transfers of

6 sums may be made to other agencies of the Government

7 for the performance of work for which the appropriation

8 is made.

9 None of the funds made available to the Department

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

11 finance authorized price support or loan guarantee pro12 grams unless specific provision is made for such programs

13 in an appropriations Act.

14 The Secretary is authorized to accept lands, build15 ings, equipment, and other contributions from public and

16 private sources and to prosecute projects in cooperation

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

18 Provided, That revenues and other moneys received by or

19 for the account of the Department of Energy or otherwise

20 generated by sale of products in connection with projects

21 of the Department appropriated under this Act may be

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

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

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

25 in appropriate cost-sharing contracts or agreements: Pro-
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1 vided further, That the remainder of revenues after the

2 making of such payments shall be covered into the Treas3 ury as miscellaneous receipts: Provided further, That any

4 contract, agreement, or provision thereof entered into by

5 the Secretary pursuant to this authority shall not be exe6 cuted prior to the expiration of 30 calendar days (not in7 cluding any day in which either House of Congress is not

8 in session because of adjournment of more than three cal9 endar days to a day certain) from the receipt by the

10 Speaker of the House of Representatives and the Presi11 dent of the Senate of a full comprehensive report on such

12 project, including the facts and circumstances relied upon

13 in support of the proposed project.

14 The Secretary of Energy may transfer to the Emer15 gency Preparedness appropriation such funds as are nec16 essary to meet any unforeseen emergency needs from any

17 funds available to the Department of Energy from this

18 Act.

19 No funds provided in this Act may be expended by

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

21 procurement documents for programs or projects for

22 which appropriations have not been made.
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1 DEPARTMENT OF HEALTH AND HUMAN

2 SERVICES

3 INDIAN HEALTH SERVICE

4 INDIAN HEALTH SERVICES

5 For expenses necessary to carry out the Act of Au6 gust 5, 1954 (68 Stat. 674), the Indian Self-Determina7 tion Act, the Indian Health Care Improvement Act, and

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

9 Service Act with respect to the Indian Health Service,

10 $1,652,394,000, together with payments received during

11 the fiscal year pursuant to 42 U.S.C. 300aaa–2 for serv12 ices furnished by the Indian Health Service: Provided,

13 That funds made available to tribes and tribal organiza14 tions through contracts, grant agreements, or any other

15 agreements or compacts authorized by the Indian Self-De16 termination and Education Assistance Act of 1975 (88

17 Stat. 2203; 25 U.S.C. 450), shall be deemed to be obli18 gated at the time of the grant or contract award and

19 thereafter shall remain available to the tribe or tribal orga20 nization without fiscal year limitation: Provided further,

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

22 for the Indian Catastrophic Health Emergency Fund: Pro23 vided further, That $337,848,000 for contract medical

24 care shall remain available for obligation until September

25 30, 1995: Provided further, That of the funds provided,
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1 not less than $11,526,000 shall be used to carry out the

2 loan repayment program under section 108 of the Indian

3 Health Care Improvement Act, as amended: Provided fur4 ther, That funds provided in this Act may be used for one5 year contracts and grants which are to be performed in

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

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

8 further, That the amounts collected by the Secretary of

9 Health and Human Services under the authority of title

10 IV of the Indian Health Care Improvement Act shall be

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

12 they were collected, for the purpose of achieving compli13 ance with the applicable conditions and requirements of

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

15 of planning, design, or construction of new facilities): Pro16 vided further, That of the funds provided, $8,000,000 shall

17 remain available until expended, for the Indian Self-Deter18 mination Fund, which shall be available for the transi19 tional costs of initial or expanded tribal contracts, grants

20 or cooperative agreements with the Indian Health Service

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

22 Provided further, That funding contained herein, and in

23 any earlier appropriations Acts for scholarship programs

24 under the Indian Health Care Improvement Act (25

25 U.S.C. 1613) shall remain available for obligation until
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1 September 30, 1995: Provided further, That amounts re2 ceived by tribes and tribal organizations under title IV of

3 the Indian Health Care Improvement Act, as amended,

4 shall be reported and accounted for and available to the

5 receiving tribes and tribal organizations until expended.

6 INDIAN HEALTH FACILITIES

7 For construction, repair, maintenance, improvement,

8 and equipment of health and related auxiliary facilities,

9 including quarters for personnel; preparation of plans,

10 specifications, and drawings; acquisition of sites, purchase

11 and erection of modular buildings, and purchases of trail12 ers; and for provision of domestic and community sanita13 tion facilities for Indians, as authorized by section 7 of

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

15 Self-Determination Act and the Indian Health Care Im16 provement Act, and for expenses necessary to carry out

17 the Act of August 5, 1954 (68 Stat. 674), the Indian Self18 Determination Act, the Indian Health Care Improvement

19 Act, and titles III and XXVII and section 208 of the Pub20 lic Health Service Act with respect to environmental

21 health and facilities support activities of the Indian Health

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

23 Provided, That notwithstanding any other provision of

24 law, funds appropriated for the planning, design, construc25 tion or renovation of health facilities for the benefit of an

26 Indian tribe or tribes may be used to purchase land for
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1 sites to construct, improve, or enlarge health or related

2 facilities.

3 ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE

4 Appropriations in this Act to the Indian Health Serv5 ice shall be available for services as authorized by 5 U.S.C.

6 3109 but at rates not to exceed the per diem rate equiva7 lent to the maximum rate payable for senior-level positions

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

9 aircraft; purchase of medical equipment; purchase of re10 prints; purchase, renovation and erection of modular

11 buildings; payments for telephone service in private resi12 dences in the field, when authorized under regulations ap13 proved by the Secretary; and for uniforms or allowances

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

15 for expenses of attendance at meetings which are con16 cerned with the functions or activities for which the appro17 priation is made or which will contribute to improved con18 duct, supervision, or management of those functions or ac19 tivities: Provided, That in accordance with the provisions

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

21 patients may be extended health care at all tribally admin22 istered or Indian Health Service facilities, subject to

23 charges, and the proceeds along with funds recovered

24 under the Federal Medical Care Recovery Act (42 U.S.C.

25 2651–53) shall be credited to the account of the facility

26 providing the service and shall be available without fiscal
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1 year limitation: Provided further, That notwithstanding

2 any other law or regulation, funds transferred from the

3 Department of Housing and Urban Development to the

4 Indian Health Service shall be administered under Public

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

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

7 funds appropriated to the Indian Health Service in this

8 Act, except those used for administrative and program di9 rection purposes, shall not be subject to limitations di10 rected at curtailing Federal travel and transportation:

11 Provided further, That the Indian Health Service shall nei12 ther bill nor charge those Indians who may have the eco13 nomic means to pay unless and until such time as Con14 gress has agreed upon a specific policy to do so and has

15 directed the Indian Health Service to implement such a

16 policy: Provided further, That personnel ceilings may not

17 be imposed on the Indian Health Service nor may any ac18 tion be taken to reduce the full-time equivalent level of

19 the Indian Health Service by the elimination of temporary

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

21 means without the review and approval of the Committees

22 on Appropriations: Provided further, That none of the

23 funds made available to the Indian Health Service in this

24 Act shall be used to implement the final rule published

25 in the Federal Register on September 16, 1987, by the
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1 Department of Health and Human Services, relating to

2 eligibility for the health care services of the Indian Health

3 Service until the Indian Health Service has submitted a

4 budget request reflecting the increased costs associated

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

6 included in an appropriations Act and enacted into law:

7 Provided further, That funds made available in this Act

8 are to be apportioned to the Indian Health Service as ap9 propriated in this Act, and accounted for in the appropria10 tion structure set forth in this Act: Provided further, That

11 the appropriation structure for the Indian Health Service

12 may not be altered without the advance approval of the

13 House and Senate Committees on Appropriations.

14 DEPARTMENT OF EDUCATION

15 OFFICE OF ELEMENTARY AND SECONDARY EDUCATION

16 INDIAN EDUCATION

17 For necessary expenses to carry out, to the extent

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

19 $83,500,000, of which $60,304,000 shall be for subpart

20 1, $19,161,000 shall be for subparts 2 and 3, and

21 $200,000 shall be for collection and analyses of data on

22 Indian education: Provided, That $1,735,000 available

23 pursuant to section 5323 of the Act shall remain available

24 for obligation until September 30, 1995.
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1 OTHER RELATED AGENCIES

2 OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION

3 SALARIES AND EXPENSES

4 For necessary expenses of the Office of Navajo and

5 Hopi Indian Relocation as authorized by Public Law 93–

6 531, $26,936,000, to remain available until expended:

7 Provided, That funds provided in this or any other appro8 priations Act are to be used to relocate eligible individuals

9 and groups including evictees from District 6, Hopi-parti10 tioned lands residents, those in significantly substandard

11 housing, and all others certified as eligible and not in12 cluded in the preceding categories: Provided further, That

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

14 be used by the Office of Navajo and Hopi Indian Reloca15 tion to evict any single Navajo or Navajo family who, as

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

17 lands partitioned to the Hopi Tribe unless a new or re18 placement home is provided for such household: Provided

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

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

21 Office shall relocate any certified eligible relocatees who

22 have selected and received an approved homesite on the

23 Navajo reservation or selected a replacement residence off

24 the Navajo reservation or on the land acquired pursuant

25 to 25 U.S.C. 640d–10.
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1 INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE

2 CULTURE AND ARTS DEVELOPMENT

3 PAYMENT TO THE INSTITUTE

4 For payment to the Institute of American Indian and

5 Alaska Native Culture and Arts Development, as author6 ized by Public Law 99–498, as amended (20 U.S.C. 56,

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

8 for Federal matching contributions, to remain available

9 until expended, shall be paid to the Institute endowment

10 fund: Provided, That notwithstanding any other provision

11 of law, the annual budget proposal and justification for

12 the Institute shall be submitted to the Congress concur13 rently with the submission of the President’s Budget to

14 the Congress: Provided further, That the Institute shall

15 act as its own certifying officer.

16 SMITHSONIAN INSTITUTION

17 SALARIES AND EXPENSES

18 For necessary expenses of the Smithsonian Institu19 tion, as authorized by law, including research in the fields

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

21 documentation of the National Collections; presentation of

22 public exhibits and performances; collection, preparation,

23 dissemination, and exchange of information and publica24 tions; conduct of education, training, and museum assist25 ance programs; maintenance, alteration, operation, lease
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1 (for terms not to exceed thirty years), and protection of

2 buildings, facilities, and approaches; not to exceed

3 $100,000 for services as authorized by 5 U.S.C. 3109; up

4 to 5 replacement passenger vehicles; purchase, rental, re5 pair, and cleaning of uniforms for employees;

6 $302,083,000, of which not to exceed $27,579,000 for the

7 instrumentation program, collections acquisition, Museum

8 Support Center equipment and move, exhibition

9 reinstallation, the National Museum of the American In10 dian, and the repatriation of skeletal remains program

11 shall remain available until expended and, including such

12 funds as may be necessary to support American overseas

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

14 of American Overseas Research Centers: Provided, That

15 funds appropriated herein are available for advance pay16 ments to independent contractors performing research

17 services or participating in official Smithsonian presen18 tations.

19 CONSTRUCTION AND IMPROVEMENTS, NATIONAL

20 ZOOLOGICAL PARK

21 For necessary expenses of planning, construction, re22 modeling, and equipping of buildings and facilities at the

23 National Zoological Park, by contract or otherwise,

24 $5,400,000, to remain available until expended.
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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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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, $144,451,000 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, $30,142,000, 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. None of the funds in this Act may be used

20 to plan, prepare, or offer for sale timber from trees classi21 fied as giant sequoia (sequoiadendron giganteum) which

22 are located on National Forest System or Bureau of Land

23 Management lands until an environmental assessment has

24 been completed and the giant sequoia management imple25 mentation plan is approved. In any event, timber harvest
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1 within the identified groves will be done only to enhance

2 and perpetuate giant sequoia. There will be no harvesting

3 of giant sequoia specimen trees. Removal of hazard, insect,

4 disease and fire killed giant sequoia other than specimen

5 trees is permitted.

6 SEC. 309. No part of any appropriation under this

7 Act shall be available to the Secretaries of the Interior

8 and Agriculture for use for any sale hereafter made of un9 processed timber from Federal lands in the State of Texas

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

11 this limitation shall not apply to specific quantities of

12 grades and species of timber which said Secretaries deter13 mine are surplus to domestic lumber and plywood manu14 facturing needs.

15 SEC. 310. Notwithstanding any other provision of

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

17 National Forests affected by decisions relating to the

18 Northern Spotted Owl from fiscal year 1994 receipts shall

19 not be less than 70 per centum of the average annual pay20 ments to States, based on receipts collected on those Na21 tional Forests during the five-year baseline period of fiscal

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

23 these payments exceed the total amount of receipts col24 lected from the affected National Forests during fiscal

25 year 1994.
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1 SEC. 311. Notwithstanding any other provision of

2 law, the payment to be made by the United States Govern3 ment pursuant to the provision of subsection (a) of title

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

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

6 Oregon from fiscal year 1994 receipts derived from the

7 Oregon and California grant lands shall not be less than

8 70 per centum of the average annual payment made to

9 those counties of their share of the Oregon and California

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

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

12 in no event shall this payment exceed the total amount

13 of receipts collected from the Oregon and California grant

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

15 is lower.

16 SEC. 312. Section 314 of Public Law 101–512 (104

17 Stat. 1959–1960) is amended by striking the words ‘‘coop18 erative agreement’’ and inserting in lieu thereof: ‘‘any

19 other agreement or compact’’.

20 SEC. 313. Section 1405, subsection (a) of title 36,

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

22 sentence through the words ‘‘confirmation of the Council

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

24 an Executive Director of the Holocaust Memorial Museum

25 who shall be appointed by the Chairperson of the Council,
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1 subject to confirmation of the Council, who may be paid

2 with nonappropriated funds, and who, if paid with appro3 priated funds,’’.

4 SEC. 314. Section 401 of the Federal Land Policy

5 and Management Act of 1976 (43 U.S.C. 1751), is hereby

6 amended by adding at the end the following new sub7 sections:

8 ‘‘(c)(1) Notwithstanding any other provision of law,

9 the Secretary of Agriculture, with respect to National For10 est lands in the 16 contiguous western states (except Na11 tional Grasslands) administered by the Forest Service

12 where domestic livestock grazing is permitted under appli13 cable law, and the Secretary of the Interior with respect

14 to public domain lands administered by the Bureau of

15 Land Management where domestic livestock grazing is

16 permitted under applicable law, shall establish beginning

17 with the grazing season which commences on March 1,

18 1994, an annual domestic livestock grazing fee equal to

19 fair market value: Provided, That the fee charged for any

20 given year shall not increase nor decrease by more than

21 33.3 percent from the previous year’s grazing fee.

22 ‘‘(2)(A) For purposes of this subsection, the term

23 ‘fair market value’ is defined as follows:

Fair Market Value =

Appraised Base Value × Forage Value Index

100
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1 ‘‘(B) For the purposes of subparagraph (A)—

2 ‘‘(i) the term ‘Forage Value Index’ means the

3 Forage Value Index (FVI) computed annually by the

4 Economic Research Service, United States Depart5 ment of Agriculture, and set with the 1993 FVI

6 equal to 100; and

7 ‘‘(ii) the term ‘Appraised Base Value’ means

8 the 1983 Appraisal Value conclusions for mature

9 cattle and horses (expressed in dollars per head or

10 pair month), as determined in the 1986 report pre11 pared jointly by the Secretary of Agriculture and the

12 Secretary of the Interior entitled ‘Grazing Fee Re13 view and Evaluation’, dated February 1986, on a

14 westwide basis using the lowest appraised value of

15 the pricing areas adjusted for advanced payment

16 and indexed to 1993.

17 ‘‘(3) Executive Order No. 12548, dated February 14,

18 1986, shall not apply to grazing fees established pursuant

19 to this Act.

20 ‘‘(d) The grazing advisory boards established pursu21 ant to Secretarial action, notice of which was published

22 in the Federal Register on May 14, 1986 (51 Fed. Reg.

23 17874), are hereby abolished, and the advisory functions

24 exercised by such boards, shall, after the date of enact-
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1 ment of this sentence, be exercised only by the appropriate

2 councils established under law.

3 ‘‘(e) Funds appropriated pursuant to section 5 of the

4 Public Rangelands Improvement Act of 1978 (43 U.S.C.

5 1904) or any other provision of law related to disposition

6 of the Federal share of receipts from fees for grazing on

7 public domain lands or National Forests lands in the 16

8 contiguous western States shall be used for restoration

9 and enhancement of fish and wildlife habitat, for restora10 tion and improved management of riparian areas, and for

11 implementation and enforcement of applicable land man12 agement plans, allotment plans, and regulations regarding

13 the use of such lands for domestic livestock grazing. Such

14 funds shall be distributed as the Secretary concerned

15 deems advisable after consultation and coordination with

16 the advisory councils established pursuant to section 309

17 of this Act and other interested parties.’’.

18 SEC. 315. Section 42 of title 20, United States Code,

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

20 House of Representatives,’’ immediately after the phrase

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

22 This Act may be cited as the ‘‘Department of the In23 terior and Related Agencies Appropriations Act, 1994’’.

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