103D CONGRESS

1ST SESSION H. R. 2520

AMENDMENTS
In the Senate of the United States,

September 15 (legislative day, September 7), 1993.

Resolved, That the bill from the House of Representatives (H.R. 2520) entitled ‘‘An Act making appropriations for

the Department of the Interior and related agencies for the

fiscal year ending September 30, 1994, and for other purposes’’, do pass with the following

AMENDMENTS:

1 Ω1æPage 2, after line 2, insert:

2 MANAGEMENT OF LANDS AND RESOURCES

3 For expenses necessary for protection, use, improve4 ment, development, disposal, cadastral surveying, classifica5 tion, and performance of other functions, including mainte6 nance of facilities, as authorized by law, in the management

7 of lands and their resources under the jurisdiction of the

8 Bureau of Land Management, including the general admin9 istration of the Bureau of Land Management, $604,415,000,

10 of which the following amounts shall remain available until

11 expended: not to exceed $1,462,000 to be derived from the

12 special receipt account established by section 4 of the Land

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

14 U.S.C. 460l–6a(i)), and $69,418,000 for the Automated

15 Land and Mineral Record System Project: Provided, That
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1 appropriations herein made shall not be available for the

2 destruction of healthy, unadopted, wild horses and burros

3 in the care of the Bureau of Land Management or its con4 tractors; and in addition, $15,300,000 for Mining Law Ad5 ministration program operations to remain available

6 through September 30, 1994, to be reduced by amounts col7 lected by the Bureau of Land Management and credited to

8 this appropriation from annual mining claim fees so as

9 to result in a final fiscal year 1994 appropriation estimated

10 at not more than $604,415,000: Provided further, That in

11 addition to funds otherwise available, not to exceed

12 $5,000,000 from annual mining claim fees shall be credited

13 to this account for the costs of administering the mining

14 claim fee program, and shall remain available until ex15 pended.

16 Ω2æPage 2, after line 26, insert:

17 CONSTRUCTION AND ACCESS

18 For acquisition of lands and interests therein, and

19 construction of buildings, recreation facilities, roads, trails,

20 and appurtenant facilities, $10,817,000, to remain avail21 able until expended.

22 Ω3æPage 3, line 10, strike out ø$14,877,000¿ and insert:

23 $8,177,000

24 Ω4æPage 4, after line 4, insert:
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1 RANGE IMPROVEMENTS

2 For rehabilitation, protection, and acquisition of lands

3 and interests therein, and improvement of Federal range4 lands pursuant to section 401 of the Federal Land Policy

5 and Management Act of 1976 (43 U.S.C. 1701), notwith6 standing any other Act, sums equal to 50 per centum of

7 all moneys received during the prior fiscal year under sec8 tions 3 and 15 of the Taylor Grazing Act (43 U.S.C. 315

9 et seq.) and the amount designated for range improvements

10 from grazing fees and mineral leasing receipts from

11 Bankhead-Jones lands transferred to the Department of the

12 Interior pursuant to law, but not less than $10,025,000, to

13 remain available until expended: Provided, That not to ex14 ceed $600,000 shall be available for administrative ex15 penses.

16 SERVICE CHARGES, DEPOSITS, AND FORFEITURES

17 For administrative expenses and other costs related to

18 processing application documents and other authorizations

19 for use and disposal of public lands and resources, for costs

20 of providing copies of official public land documents, for

21 monitoring construction, operation, and termination of fa22 cilities in conjunction with use authorizations, and for re23 habilitation of damaged property, such amounts as may be

24 collected under sections 209(b), 304(a), 304(b), 305(a), and

25 504(g) of the Act approved October 21, 1976 (43 U.S.C.

26 1701), and sections 101 and 203 of Public Law 93–153,
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1 to be immediately available until expended: Provided, That

2 notwithstanding any provision to the contrary of section

3 305(a) of the Act of October 21, 1976 (43 U.S.C. 1735(a)),

4 any moneys that have been or will be received pursuant

5 to that section, whether as a result of forfeiture, com6 promise, or settlement, if not appropriate for refund pursu7 ant to section 305(c) of that Act (43 U.S.C. 1735(c)), shall

8 be available and may be expended under the authority of

9 this or subsequent appropriations Acts by the Secretary to

10 improve, protect, or rehabilitate any public lands adminis11 tered through the Bureau of Land Management which have

12 been damaged by the action of a resource developer, pur13 chaser, permittee, or any unauthorized person, without re14 gard to whether all moneys collected from each such forfeit15 ure, compromise, or settlement are used on the exact lands

16 damage to which led to the forfeiture, compromise, or settle17 ment: Provided further, That such moneys are in excess of

18 amounts needed to repair damage to the exact land for

19 which collected.

20 MISCELLANEOUS TRUST FUNDS

21 In addition to amounts authorized to be expended

22 under existing law, there is hereby appropriated such

23 amounts as may be contributed under section 307 of the

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

25 amounts as may be advanced for administrative costs, sur26 veys, appraisals, and costs of making conveyances of omit-
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1 ted lands under section 211(b) of that Act, to remain avail2 able until expended.

3 ADMINISTRATIVE PROVISIONS

4 Appropriations for the Bureau of Land Management

5 shall be available for purchase, erection, and dismantlement

6 of temporary structures, and alteration and maintenance

7 of necessary buildings and appurtenant facilities to which

8 the United States has title; up to $100,000 for payments,

9 at the discretion of the Secretary, for information or evi10 dence concerning violations of laws administered by the Bu11 reau of Land Management; miscellaneous and emergency

12 expenses of enforcement activities authorized or approved

13 by the Secretary and to be accounted for solely on his cer14 tificate, not to exceed $10,000: Provided, That appropria15 tions herein made for Bureau of Land Management expend16 itures in connection with the revested Oregon and Califor17 nia Railroad and reconveyed Coos Bay Wagon Road grant

18 lands (other than expenditures made under the appropria19 tion ‘‘Oregon and California grant lands’’) shall be reim20 bursed to the General Fund of the Treasury from the 25

21 per centum referred to in subsection (c), title II, of the Act

22 approved August 28, 1937 (50 Stat. 876), of the special

23 fund designated the ‘‘Oregon and California land grant

24 fund’’ and section 4 of the Act approved May 24, 1939 (53

25 Stat. 754), of the special fund designated the ‘‘Coos Bay

26 Wagon Road grant fund’’: Provided further, That notwith-
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1 standing 44 U.S.C. 501, the Bureau may, under cooperative

2 cost-sharing and partnership arrangements authorized by

3 law, procure printing services from cooperators in connec4 tion with jointly-produced publications for which the co5 operators share the cost of printing either in cash or in serv6 ices, and the Bureau determines the cooperator is capable

7 of meeting accepted quality standards.

8 Ω5æPage 4, line 19, strike out ø$492,229,000¿ and in9 sert: $476,831,000

10 Ω6æPage 5, line 2, strike out ø$2,500,000¿ and insert:

11 $1,500,000

12 Ω7æPage 5, line 6, after ‘‘Foundation’’ insert: : Provided

13 further, That within funds provided $100,000 shall be made

14 available to the United States Fish and Wildlife Service for

15 the purpose of compiling and maintaining a database con16 sisting of big game and small game population levels and

17 hunter harvests in, and adjacent to, areas under consider18 ation for wolf reintroduction: Provided further, That such

19 study shall consist of data obtained from State game and

20 fish agencies and Federal agencies with jurisdiction for

21 wildlife management in these areas: Provided further, That

22 such database shall include measured and estimated popu23 lation levels of game species covering a period ten years

24 prior to the date of enactment: Provided further, That such
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1 database shall be updated on a yearly basis after the date

2 of enactment

3 Ω8æPage 5, line 6, after ‘‘Foundation’’ insert: : Provided

4 further, That $40,000 of the funds provided herein shall be

5 made available for the research program relating to habitat

6 and repopulation studies and possible interactions between

7 wolves and mountain lions in and around Yellowstone Na8 tional Park

9 Ω9æPage 5, line 12, strike out ø$53,209,000¿ and insert:

10 $75,388,000

11 Ω10æPage 5, line 13, strike out all after ‘‘expended’’

12 down to and including ‘‘Marsh’’ in line 16

13 Ω11æPage 6, line 1, strike out ø$7,260,000¿ and insert:

14 $6,260,000

15 Ω12æPage 7, line 3, strike out ø$61,610,000¿ and insert:

16 $76,204,000

17 Ω13æPage 7, line 9, strike out ø$9,571,000¿ and insert:

18 $8,571,000

19 Ω14æPage 7, line 15, strike out ø$11,748,000¿ and in20 sert: $13,748,000

21 Ω15æPage 7, line 24, strike out ø$11,257,000¿ and in22 sert: $13,257,000
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1 Ω16æPage 9, line 16, strike out ø$163,604,000¿ and in2 sert: $156,837,000

3 Ω17æPage 9, line 16, strike out ø$162,177,000¿ and in4 sert: $155,410,000

5 Ω18æPage 9, line 19, after ‘‘construction’’ insert: : Pro6 vided, That the National Biological Survey is authorized

7 to accept lands, buildings, equipment, and other contribu8 tions, either cash or in-kind, from public and private

9 sources, and to prosecute projects in cooperation with other

10 agencies, Federal, State, or private: Provided further, That

11 the National Biological Survey is authorized to accept the

12 services of outside individuals or entities without compensa13 tion

14 Ω19æPage 10, line 12, strike out ø$1,059,033,000¿ and

15 insert: $1,063,335,000

16 Ω20æPage 10, line 17, after ‘‘100–203’’ insert: : Pro17 vided, That the National Park Service shall not enter into

18 future concessionaire contracts, including renewals, that do

19 not include a termination for cause clause that provides for

20 possible extinguishment of possessory interests excluding de21 preciated book value of concessionaire investments without

22 compensation
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1 Ω21æPage 10, line 17, after ‘‘100–203’’ insert: : Provided

2 further, That funds included in the section entitled as Spe3 cial Park Increases of the National Park Service budget,

4 for two natural resource management FTEs dealing with

5 the reintroduction of the wolf, shall be instead used for the

6 improvement of the physical infrastructure of Yellowstone

7 National Park: Provided further, That the resources reallo8 cated shall be consistent with accounts remaining for the

9 stated purpose based on the committee’s recommended fund10 ing level

11 Ω22æPage 10, line 23, strike out ø$35,606,000¿ and in12 sert: $43,844,000, of which not to exceed $610,000 shall be

13 for the Roosevelt Campobello International Park Commis14 sion

15 Ω23æPage 11, line 7, strike out ø$183,949,000¿ and in16 sert: $191,136,000

17 Ω24æPage 11, line 8, strike out all after ‘‘expended’’

18 down to and including ‘‘470a’’ in line 10 and insert: : Pro19 vided, That of the funds provided under this heading, not

20 to exceed $450,000 shall be made available to the City of

21 Hot Springs, Arkansas, to be used as part of the non-Fed22 eral share of a cost-shared feasibility study of flood protec23 tion for the downtown area which contains a significant

24 amount of National Park Service property and improve-
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1 ments: Provided further, That notwithstanding any other

2 provision of law a single procurement for the construction

3 of the Franklin Delano Roosevelt Memorial may be issued

4 which includes the full scope of the project: Provided further,

5 That the solicitation and the contract shall contain the

6 clause ‘‘availability of funds’’ found at 48 CFR 52.323.18

7 Ω25æPage 11, strike out lines 11 to 15

8 Ω26æPage 11, line 26, strike out ø$89,460,000¿ and in9 sert: $95,587,000

10 Ω27æPage 13, line 3, after ‘‘1913’’ insert: : Provided fur11 ther, That notwithstanding any other provision of law, the

12 National Park Service may hereafter recover all costs of

13 providing necessary services associated with special use per14 mits, such reimbursements to be credited to the appropria15 tion current at that time

16 Ω28æPage 13, line 3, strike out all after ‘‘1913’’ down

17 to and including ‘‘year’’ in line 6

18 Ω29æPage 15, line 24, strike out ø$193,197,000¿ and

19 insert: $192,897,000

20 Ω30æPage 15, line 25, strike out ø$65,896,000¿ and in21 sert: $64,896,000
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1 Ω31æPage 17, line 7, strike out ø$5,681,000¿ and insert:

2 $5,331,000

3 Ω32æPage 17, line 23, strike out ø$169,336,000¿ and

4 insert: $171,584,000

5 Ω33æPage 17, line 23, strike out ø$105,063,000¿ and

6 insert: $107,311,000

7 Ω34æPage 20, line 1, strike out all after ‘‘$12,000,000’’

8 down to and including ‘‘Office’’ in line 4

9 Ω35æPage 21, line 6, strike out ø$1,492,650,000¿ and

10 insert: $1,489,885,000

11 Ω36æPage 21, line 10, strike out ø$52,582,000¿ and in12 sert: $49,226,000

13 Ω37æPage 22, line 3, strike out ø$1,983,000¿ and insert:

14 $2,483,000

15 Ω38æPage 22, line 15, after ‘‘Act’’ insert: : Provided fur16 ther, That of the amount appropriated under this head in

17 Public Law 102–381, $250,000 for activities related to the

18 Alaska Native Claims Settlement Act shall remain available

19 until expended

20 Ω39æPage 22, line 18, after ‘‘ties’’ insert: : Provided fur21 ther, That not to exceed $84,808,000 of the funds in this

22 Act shall be available for payments to tribes and tribal or-
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1 ganizations for indirect costs associated with contracts or

2 grants or compacts authorized by the Indian Self-Deter3 mination Act of 1975, as amended

4 Ω40æPage 22, line 18, after ‘‘ties’’ insert: : Provided fur5 ther, That notwithstanding any other provision of law, any

6 locality qualified to select land as a native village under

7 the Alaska Native Claims Settlement Act (Public Law 92–

8 203 as amended) shall be eligible to participate in funding

9 for the Indian roads program

10 Ω41æPage 22, line 18, after ‘‘ties’’ insert: : Provided fur11 ther, That for the purpose of Indian Reservation road con12 struction, all public Indian reservation roads (as defined

13 in 23 U.S.C. 101), identified in the 1990 Bureau of Indian

14 Affairs Juneau Area Transportation Study (and in any

15 subsequent update of such Transportation Study) shall be

16 included as BIA system adjusted miles in the Bureau of

17 Indian Affairs highway trust fund formula for distribution

18 for fiscal year 1994: Provided further, That this provision

19 shall expire upon implementation by the Secretary of the

20 Interior of a relative needs based highway trust fund alloca21 tion formula pursuant to 23 U.S.C. 202(d)

22 Ω42æPage 23, line 16, after ‘‘1991’’ insert: : Provided

23 further, That any reorganization proposal shall not be im24 plemented until the Task Force has reviewed it and rec-
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1 ommended its implementation to the Secretary and such

2 proposal has been submitted to and approved by the Com3 mittees on Appropriations, except that the Bureau may sub4 mit a reorganization proposal related only to management

5 improvements, along with Task Force comments or rec6 ommendations to the Committees on Appropriations for re7 view and disposition by the Committees

8 Ω43æPage 25, line 13, after ‘‘1994’’ insert: : Provided

9 further, That any funds provided under this head or pre10 viously provided for tribally-controlled community colleges

11 which are distributed prior to September 30, 1994 which

12 have been or are being invested or administered in compli13 ance with section 331 of the Higher Education Act shall

14 be deemed to be in compliance for current and future pur15 poses with Title III of the Tribally Controlled Community

16 Colleges Assistance Act

17 Ω44æPage 25, line 20, strike out ø$172,799,000¿ and

18 insert: $150,429,000

19 Ω45æPage 26, line 9, after ‘‘Affairs’’ insert: : Provided

20 further, That funds appropriated for construction of the

21 Wind River Indian Irrigation Project in fiscal year 1990

22 (Public Law 101–121), fiscal year 1991 (Public Law 101–

23 512), fiscal year 1992 (Public Law 102–154), and hereafter

24 shall be made available on a non-reimbursable basis
14

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1 Ω46æPage 29, line 5, strike out ø$82,107,000¿ and in2 sert: $81,457,000

3 Ω47æPage 29, line 5, strike out ø$77,569,000¿ and in4 sert: $76,869,000

5 Ω48æPage 29, line 19, strike out ø$4,538,000¿ and in6 sert: $4,588,000

7 Ω49æPage 30, line 6, after ‘‘99–396,’’ insert: or any sub8 sequent legislation related to Commonwealth of the North9 ern Mariana Islands covenant grant funding,

10 Ω50æPage 30, line 13, after ‘‘Foundation’’ insert: : Pro11 vided further, That the funds for the program of operations

12 and maintenance improvement are appropriated to institu13 tionalize routine operations and maintenance of capital in14 frastructure in American Samoa, Guam, the Virgin Is15 lands, the Commonwealth of the Northern Mariana Islands,

16 the Republic of Palau, the Republic of the Marshall Islands,

17 and the Federated States of Micronesia through assessments

18 of long-range operations and maintenance needs, improved

19 capability of local operations and maintenance institutions

20 and agencies (including management and vocational edu21 cation training), and project-specific maintenance (with

22 territorial participation and cost sharing to be determined

23 by the Secretary based on the individual territory’s commit24 ment to timely maintenance of its capital assets)
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1 Ω51æPage 30, line 13, after ‘‘Foundation’’ insert: : Pro2 vided further, That any appropriation for disaster assist3 ance under this head in this act or previous appropriations

4 acts may be used as non-Federal matching funds for the

5 purpose of hazard mitigation grants provided pursuant to

6 section 404 of the Robert T. Stafford Disaster Relief and

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

8 Ω52æPage 30, line 23, strike out ø$24,038,000¿ and in9 sert: $23,338,000

10 Ω53æPage 30, line 24, strike out ø$18,605,000¿ and in11 sert: $17,964,000

12 Ω54æPage 32, after line 6, insert:

13 ECOSYSTEM RESTORATION FUND

14 For expenses necessary to implement the President’s

15 Forest Plan for ‘‘Jobs in the Woods’’ ecosystem restoration

16 in Northern California, Washington, and Oregon,

17 $7,000,000, to remain available until September 30, 1995:

18 Provided, That with the approval of the Secretary, such

19 amounts as may be identified in implementation plans

20 may be transferred to the Bureau of Land Management,

21 the Fish and Wildlife Service, and the Bureau of Indian

22 Affairs.
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1 Ω55æPage 32, line 18, strike out ø$2,494,000¿ and in2 sert: $2,194,000

3 Ω56æPage 32, line 23, strike out ø$1,000,000¿ and in4 sert: $1,500,000

5 Ω57æPage 38, strike out lines 10 to 15

6 Ω58æPage 38, strike out all after line 15 over to and

7 including line 2 on page 39

8 Ω59æPage 39, strike out lines 9 to 12

9 Ω60æPage 39, after line 12, insert:

10 SEC. 115. None of the funds appropriated under this

11 Act shall be available for the planning or implementation

12 of an increase in entrance fees above the levels in effect on

13 January 1, 1993, charged at the Blackwater National Wild14 life Refuge, Maryland.

15 Ω61æPage 39, after line 12, insert:

16 SEC. 116. None of the funds in this Act may be used

17 to implement an agreement between the Secretary of the In18 terior and Save Our Cumberland Mountains, Inc. regard19 ing the operation and maintenance of the Applicant/Viola20 tor System.

21 Ω62æPage 39, after line 12, insert:
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1 SEC. 117. In implementing Section 1307 of Public

2 Law 96–487 (94 Stat. 2479), the Secretary shall deem the

3 holder of entry permit LP–GLBA005–93 to be a person

4 who, on or before January 1, 1979, was engaged in ade5 quately providing visitor services of the type authorized in

6 said permit within Glacier Bay National Park.

7 Ω63æPage 39, line 18, strike out ø$193,083,000¿ and

8 insert: $192,983,000

9 Ω64æPage 39, strike out lines 20 to 24

10 Ω65æPage 40, line 5, strike out ø$148,955,000¿ and in11 sert: $169,107,000

12 Ω66æPage 40, line 6, strike out all after ‘‘law’’ down to

13 and including ‘‘Foundation’’ in line 10

14 Ω67æPage 40, after line 23 insert:

15 INTERNATIONAL FORESTRY

16 For necessary expenses of international forestry as au17 thorized by Public Laws 101–513 and 101–624, $6,996,000,

18 to remain available until September 30, 1995.

19 Ω68æPage 41, line 7, strike out ø‘‘Forest Service Law

20 Enforcement’’,¿

21 Ω69æPage 41, line 8, strike out ø$1,237,272,000¿ and

22 insert: $1,300,153,000
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1 Ω70æPage 42, strike out lines 3 to 7

2 Ω71æPage 43, line 5, strike out ø$237,423,000¿ and in3 sert: $264,795,000

4 Ω72æPage 43, line 6, strike out ø$96,495,000¿ and in5 sert: $97,867,000

6 Ω73æPage 43, line 8, strike out ø$140,228,000¿ and in7 sert: $166,928,000

8 Ω74æPage 43, line 24, strike out ø$56,700,000¿ and in9 sert: $51,050,000

10 Ω75æPage 47, line 18, after ‘‘forest’’ insert: , and for

11 timber sales preparation to replace sales lost to fire or other

12 causes, and sales preparation to replace sales inventory on

13 the shelf for any national forest to a level sufficient to main14 tain new sales availability equal to a rolling five-year aver15 age of the total sales offerings, and for design, engineering,

16 and supervision of construction of roads lost to fire or other

17 causes associated with the timber sales programs described

18 above: Provided, That notwithstanding any other provision

19 of law, moneys received from the timber salvage sales pro20 gram shall be considered as money received for purposes

21 of computing and distributing 25 per centum payments to

22 local governments under 16 U.S.C. 500, as amended
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1 Ω76æPage 50, strike out all after line 22 over to and

2 including line 2 on page 51, and insert:

3 To the greatest extent possible, and in accordance with

4 the Final Amendment to the Shawnee National Forest Plan,

5 none of the funds available in this Act shall be used for

6 preparation of timber sales using clearcutting or other

7 forms of even aged management in hardwood stands in the

8 Shawnee National Forest, Illinois.

9 Ω77æPage 51, strike out lines 3 to 6 and insert:

10 None of the funds made available in this Act shall be

11 used for timber sale planning or scoping using clearcutting

12 on the Ozark-St. Francis National Forest in Arkansas, ex13 cept for sales that, in the discretion of the forest supervisor,

14 are necessary as a result of natural disaster or a threat

15 to forest health, or for maintaining or enhancing wildlife

16 habitat, or habitat for endangered and threatened species,

17 or for research purposes.

18 Ω78æPage 51, strike out lines 7 to 11 and insert:

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

20 Ozark-St. Francis or Ouachita National Forest in Arkansas

21 for timber sales that both permanently and substantially

22 alter the current understory, midstory, or overstory com23 position of a forest stand. The current proportion of pines

24 and hardwoods is to be generally maintained through the

25 life of such forest stand except as necessary for threatened
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1 or endangered species, wildlife habitat improvement, eco2 system restoration, to improve visual quality, to comply

3 with forest plan goals to increase the proportion of hard4 woods in the forest, fire protection, or for research purposes.

5 Ω79æPage 51, strike out lines 12 to 16

6 Ω80æPage 51, strike out lines 17 to 25

7 Ω81æPage 52, strike out lines 5 to 7

8 Ω82æPage 52, after line 10 insert:

9 The Secretary of Agriculture, acting through the Forest

10 Service, shall reimburse the Agricultural Stabilization and

11 Conservation Service for administrative costs incurred

12 under the Stewardship Incentive Program for the actual

13 cost of services provided by the Agricultural Stabilization

14 and Conservation Service, except that the actual costs shall

15 not exceed 10 percent of the total annual appropriation for

16 the program.

17 Ω83æPage 52, after line 10 insert:

18 As a pilot effort, for the purpose of achieving eco19 logically defensible management practices, the Kaibab,

20 Dixie, Idaho Panhandle, Stanislaus and Coconino National

21 Forests and the Lake Tahoe Basin Management Unit are

22 authorized to apply the value or a reasonable portion of

23 the value of timber removed under a stewardship end result
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1 contract as an offset against the cost of stewardship services

2 received including, but not limited to, site preparation, re3 planting silviculture programs, recreation, wildlife habitat

4 enhancement, and other multiple-use enhancements on se5 lected projects: Provided, That timber removed shall count

6 toward meeting the Congressional expectations for the an7 nual timber harvest.

8 Ω84æPage 52, after line 10, insert:

9 Funds appropriated to the Forest Service shall be

10 available for interactions with and providing technical as11 sistance to rural communities for sustainable rural develop12 ment purposes outside the boundaries of National Forest

13 System lands.

14 Ω85æPage 53, line 5, strike out ø$433,163,000¿ and in15 sert: $429,070,000

16 Ω86æPage 53, line 8, after ‘‘gas’’ insert: : Provided fur17 ther, That notwithstanding any other provision of law a

18 single procurement for health and safety renovations at the

19 Morgantown Energy Technology Center’s Building 4 may

20 be issued which includes the full scope of the required ren21 ovation: Provided further, That the solicitation and con22 tract shall contain the clause ‘‘availability of funds’’ found

23 at 48 CFR 52.323.18
22

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1 Ω87æPage 54, line 3, strike out ø$702,825,000¿ and in2 sert: $677,013,000

3 Ω88æPage 54, line 8, strike out ø$261,325,000¿ and in4 sert: $248,225,000

5 Ω89æPage 54, line 15, strike out ø$213,600,000¿ and

6 insert: $200,000,000

7 Ω90æPage 54, line 16, strike out ø$18,810,000¿ and in8 sert: $19,310,000

9 Ω91æPage 54, line 23, strike out ø$18,091,000¿ and in10 sert: $19,366,000

11 Ω92æPage 55, line 6, after ‘‘100–680’’ insert: : Provided

12 further, That existing facilities, equipment, and supplies,

13 or previously expended research or development funds are

14 not accepted as contributions for the purposes of this appro15 priation, except as amortized, depreciated, or expensed in

16 normal business practice: Provided further, That the total

17 Federal expenditure under this proviso shall be repaid up

18 to one and one-half times from the proceeds of the commer19 cial sale, lease, manufacture, or use of technologies devel20 oped under this proviso, at a rate of one-fourth of all net

21 proceeds: Provided further, That funding provided under

22 this head for electric and hybrid vehicle battery research

23 and development conducted on a cooperative basis with
23

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1 non-Federal entities shall be available only as matched on

2 an equal basis by such entities: Provided further, That here3 after the Department of Energy, for a period of up to five

4 years after the completion of individual projects may pro5 vide appropriate protections, including exemptions from

6 subchapter II of chapter 5 of title 5, United States Code,

7 against the dissemination of information that results from

8 activities conducted by the United States Advanced Battery

9 Consortium or its contractors, or participants in the hybrid

10 vehicle propulsion development program and their contrac11 tors and that would be a trade secret or commercial or fi12 nancial information that is privileged or confidential if the

13 information had been obtained from and first produced by

14 a non-Federal party participating in the United States Ad15 vanced Battery Consortium or in the hybrid vehicle propul16 sion development program

17 Ω93æPage 56, line 10, strike out ø$79,580,000¿ and in18 sert: $75,580,000

19 Ω94æPage 56, line 19, strike out ø$86,053,000¿ and in20 sert: $86,953,000

21 Ω95æPage 58, after line 20 insert:

22 The thirty-day waiting period required under this

23 head in Public Law 101–512, Department of Energy Ad24 ministrative Provisions, relating to a contract, agreement,
24

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1 or arrangement with a profit-making or non-profit entity

2 to conduct activities at the Department of Energy’s research

3 facilities at Bartlesville, Oklahoma, is hereby waived.

4 Ω96æPage 58, strike out all after line 20 over to and

5 including line 2 on page 59

6 Ω97æPage 59, line 12, strike out ø$1,652,394,000¿ and

7 insert: $1,641,592,000

8 Ω98æPage 60, line 18, strike out ø$8,000,000¿ and in9 sert: $7,000,000

10 Ω99æPage 61, line 24, strike out ø$296,997,000¿ and

11 insert: $293,682,000

12 Ω100æPage 62, line 4, after ‘‘facilities’’ insert: : Provided

13 further, That of the funds provided herein, $500,000 is

14 available to initiate planning and design for the replace15 ment facility at Winnebago, Nebraska upon approval of a

16 program justification document by the Assistant Secretary

17 for Health

18 Ω101æPage 62, line 13, after ‘‘buildings’’ insert: and ren19 ovation of existing facilities

20 Ω102æPage 63, line 18, strike out all after ‘‘policy’’ down

21 to and including ‘‘Appropriations’’ in line 24
25

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1 Ω103æPage 64, line 21, strike out ø$83,500,000¿ and

2 insert: $83,405,000

3 Ω104æPage 65, line 8, strike out ø$26,936,000¿ and in4 sert: $34,436,000

5 Ω105æPage 67, line 8, strike out ø$302,083,000¿ and

6 insert: $302,349,000

7 Ω106æPage 67, line 8, strike out ø$27,579,000¿ and in8 sert: $24,552,000

9 Ω107æPage 70, line 14, strike out ø$137,228,450¿ and

10 insert: $140,836,000

11 Ω108æPage 70, line 22, strike out ø$28,634,900¿ and

12 insert: $29,392,000

13 Ω109æPage 70, line 24, strike out ø$13,187,000¿ and

14 insert: $12,858,000

15 Ω110æPage 72, line 18, strike out all after ‘‘expenses’’

16 down to and including ‘‘Humanities’’ in line 20

17 Ω111æPage 74, line 2, after ‘‘1995’’ insert: : Provided,

18 That funds provided under this head in Public Law 102–

19 381 shall remain available until expended

20 Ω112æPage 74, line 12, strike out ø$4,289,000¿ and in21 sert: $4,389,000
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1 Ω113æPage 76, strike out all after line 18 over to and

2 including line 2 on page 77

3 Ω114æPage 77, strike out lines 3 to 13

4 Ω115æPage 77, strike out all after line 13 over to and

5 including line 3 on page 78

6 Ω116æPage 78, strike out lines 17 to 20

7 Ω117æPage 78, strike out all after line 20 over to and

8 including line 5 on page 80

9 Ω118æPage 80, after line 5 insert:

10 SEC. 315. The Forest Service and Bureau of Land

11 Management may offer for sale salvageable timber in the

12 Pacific Northwest in fiscal year 1994: Provided, That for

13 public lands known to contain the Northern spotted owl,

14 such salvage sales may be offered as long as the offering

15 of such sale will not render the area unsuitable as habitat

16 for the Northern spotted owl: Provided further, That timber

17 salvage activity in spotted owl habitat is to be done in full

18 compliance with all existing environmental and forest man19 agement laws.

20 Ω119æPage 80, after line 5 insert:

21 SEC. 316. None of the funds provided in this Act may

22 be used to initiate any new construction or land acquisition

23 project, or any new operating program which is estimated
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1 to have a total cost in excess of $500,000, unless such project

2 or program is described in the budget justification material

3 submitted to the Congress or is expressly provided for in

4 this Act or its accompanying reports or is requested through

5 established reprogramming procedures: Provided further,

6 That this provision shall not apply to emergency acquisi7 tions or transfers made pursuant to emergency transfer au8 thority.

9 Ω120æPage 80, after line 5 insert:

10 SEC. 317. None of the funds in this Act may be used

11 to plan, prepare, or offer for sale timber from trees classified

12 as giant sequoia (sequoiadendron giganteum) which are lo13 cated on National Forest System or Bureau of Land Man14 agement lands until an environmental assessment has been

15 completed and the giant sequoia management implementa16 tion plan is approved. In any event, timber harvest within

17 the identified groves will be done only to enhance and per18 petuate giant sequoia. There will be no harvesting of giant

19 sequoia specimen trees. Removal of hazard, insect, disease

20 and fire killed giant sequoia other than specimen trees is

21 permitted.

22 Ω121æPage 80, after line 5 insert:

23 SEC. 318. None of the funds appropriated in this Act

24 may be used to implement any increase in government

25 housing rental rates in excess of 10 per centum more than
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1 the rental rates which were in effect on September 1, 1993,

2 for such housing.

3 Ω122æPage 80, after line 5 insert:

4 SEC. 319. (a) Section 2374(2) of the Food, Agriculture,

5 Conservation, and Trade Act of 1990 (7 U.S.C. 6612) is

6 amended by inserting ‘‘, forage production’’ after ‘‘recre7 ation’’.

8 (b) Section 2374(3) of the Food, Agriculture, Conserva9 tion, and Trade Act of 1990 (7 U.S.C. 6612) is amended

10 to read as follows:

11 ‘‘(3) The term ‘rural community’ means—

12 ‘‘(A) any town, township, municipality, or

13 other similar unit of general purpose local gov14 ernment, or any area represented by a not-for15 profit corporation organized under state law for

16 any purpose of promoting broad based economic

17 development, that has a population of not more

18 than 10,000 individuals (according to the latest

19 decennial census), that is located within a coun20 ty in which at least 15 percent of the total pri21 mary and secondary labor and proprietor in22 come is derived from forestry, wood products,

23 and forest-related industries such as recreation,

24 forage production, and tourism, and that is lo-
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1 cated within the boundary, or within 100 miles

2 of the boundary, of a national forest; or

3 ‘‘(B) any county that is not contained with4 in a Metropolitan Statistical Area as defined by

5 the United States Office of Management and

6 Budget, in which at least 15 percent of the total

7 primary and secondary labor and proprietor in8 come is derived from forestry, wood products,

9 and forest-related industries such as recreation,

10 forage production, and tourism, and that is lo11 cated within the boundary, or within 100 miles

12 of the boundary, of a national forest.

13 ‘‘(C) any unincorporated area of a county

14 having a population larger than 22,550 individ15 uals (according to the latest decennial census) in

16 which at least 15 percent of the total primary

17 and secondary labor and proprietor income is

18 derived from forestry, wood products, and forest19 related industries such as recreation, forage pro20 duction, and tourism, and that is located more

21 than 10 miles from an incorporated municipal22 ity.’’.

23 (c) Section 2374 of the Food, Agriculture, Conserva24 tion, and Trade Act of 1990 (7 U.S.C. 6612) is amended

25 by adding at the end thereof the following new subsection:
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1 ‘‘(5) The term ‘National Forests’ means National

2 Forest System lands.’’.

3 Ω123æPage 80, after line 5 insert:

4 SEC. 320. None of the funds made available by this

5 or any other law may be used to revise part 4, 1780, or

6 4100 of title 43 of the Code of Federal Regulations in ac7 cordance with Part VI, Department of the Interior, Bureau

8 of Land Management or part 222 of title 36 of the Code

9 of Federal Regulations in accordance with Part V, Depart10 ment of Agriculture, Forest Service, of volume 58, number

11 155, of the Federal Register, dated August 13, 1993, or to

12 continue any action involving the proposed rulemaking con13 tained in such Federal Register prior to October 1, 1994.

14 Ω124æPage 80, after line 5 insert:

15 SEC. 321. FOREST SERVICE SEPARATION PAY.—(a) In

16 order to avoid or minimize the need for involuntary separa17 tions, effective for the period beginning upon the date of

18 enactment of this Act through and including September 30,

19 1994, the Secretary of Agriculture, under such regulations

20 and subject to such conditions as the Secretary of Agri21 culture may prescribe, shall have authority to offer separa22 tion pay to employees of the Forest Service to the same ex23 tent the Secretary of Defense is authorized to offer separa24 tion pay to employees of a defense agency in section 5597

25 of title 5, United States Code.
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1 (b) In the event that an authority is enacted to offer

2 separation pay or a voluntary separation incentive similar

3 to such section 5597 of title 5, United States Code, but ap4 plicable to employees in the executive branch generally, the

5 authority under subsection (a) shall terminate.

6 (c) Such payments may be made to employees who

7 agree, during a continuous 90 day period designated by the

8 agency head, beginning no earlier than the date of enact9 ment of this Act and ending no later than September 30,

10 1994, to separate from service with the agency, whether by

11 retirement or resignation.

12 (d) An employee who has received a voluntary separa13 tion incentive under this section and accepts employment

14 with the Government of the United States within 2 years

15 of the date of the separation on which payment of the incen16 tive is based shall be required to repay the entire amount

17 of the incentive to the agency that paid the incentive.

18 (e) Total outlays by the Forest Service pursuant to the

19 cooperative work trust funds accounts (12–8028–0–7–302)

20 shall not exceed $279,668,000 in fiscal year 1994.

21 Ω125æPage 80, after line 5 insert:

22 SEC. 322. None of the funds provided in this Act may

23 be used to study or implement the Bureau of Land Manage24 ment/United States Forest Service comprehensive strategy
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1 for Pacific salmon and steelhead habitat (‘‘PACFISH’’) in

2 the Tongass National Forest.

Attest:

Secretary.
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