1021
lays in fiscal year 1996 resulting from the use of funds in
this account shall not exceed $5,000,000.
ENERGY INFORMATION ADMINISTRATION
For necessary expenses in carrying out the activities
of the Energy Information Administration, $72,266,000, to
remain available until expended: Provided, That notwith-
standing section 4(d) of the Service Contract Act of 1965
(41 U.S.C. 353(d)) or any other provision of law, funds
appropriated under this heading hereafter may be used to
enter into a contract for end use consumption surveys for
a term not to exceed eight years: Provided further, That
notwithstanding any other provision of law, hereafter the
Manufacturing Energy Consumption Survey shall be con-
ducted on a triennial basis.
ADMINISTRATIVE PROVISIONS, DEPARTMENT OF ENERGY
Appropriations under this Act for the current fiscal
year shall be available for hire of passenger motor vehicles;
hire, maintenance, and operation of aircraft; purchase, re-
pair, and cleaning of uniforms; and reimbursement to the
General Services Administration for security guard serv-
ices.
From appropriations under this Act, transfers of sums
may be made to other agencies of the Government for the
performance of work for which the appropriation is made.
1022
None of the funds made available to the Department
of Energy under this Act shall be used to implement or fi-
nance authorized price support or loan guarantee programs
unless specific provision is made for such programs in an
appropriations Act.
The Secretary is authorized to accept lands, buildings,
equipment, and other contributions from public and private
sources and to prosecute projects in cooperation with other
agencies, Federal, State, private, or foreign: Provided, That
revenues and other moneys received by or for the account
of the Department of Energy or otherwise generated by sale
of products in connection with projects of the Department
appropriated under this Act may be retained by the Sec-
retary of Energy, to be available until expended, and used
only for plant construction, operation, costs, and payments
to cost-sharing entities as provided in appropriate cost-
sharing contracts or agreements: Provided further, That the
remainder of revenues after the making of such payments
shall be covered into the Treasury as miscellaneous receipts:
Provided further, That any contract, agreement, or provi-
sion thereof entered into by the Secretary pursuant to this
authority shall not be executed prior to the expiration of
30 calendar days (not including any day in which either
House of Congress is not in session because of adjournment
of more than three calendar days to a day certain) from
1023
the receipt by the Speaker of the House of Representatives
and the President of the Senate of a full comprehensive re-
port on such project, including the facts and circumstances
relied upon in support of the proposed project.
No funds provided in this Act may be expended by the
Department of Energy to prepare, issue, or process procure-
ment documents for programs or projects for which appro-
priations have not been made.
DEPARTMENT OF HEALTH AND HUMAN
SERVICES
INDIAN HEALTH SERVICE
INDIAN HEALTH SERVICES
For expenses necessary to carry out the Act of August
5, 1954 (68 Stat. 674), the Indian Self-Determination Act,
the Indian Health Care Improvement Act, and titles II and
III of the Public Health Service Act with respect to the In-
dian Health Service, $1,747,842,000, together with pay-
ments received during the fiscal year pursuant to 42 U.S.C.
300aaa–2 for services furnished by the Indian Health Serv-
ice: Provided, That of the funds provided, $800,000 shall
be used for inhalant abuse treatment programs to treat in-
halant abuse and to provide for referrals to specialized
treatment facilities in the United States: Provided further,
That funds made available to tribes and tribal organiza-
tions through contracts, grant agreements, or any other
1024
agreements or compacts authorized by the Indian Self-De-
termination and Education Assistance Act of 1975 (88
Stat. 2203; 25 U.S.C. 450), shall be deemed to be obligated
at the time of the grant or contract award and thereafter
shall remain available to the tribe or tribal organization
without fiscal year limitation: Provided further, That
$12,000,000 shall remain available until expended, for the
Indian Catastrophic Health Emergency Fund: Provided
further, That $350,564,000 for contract medical care shall
remain available for obligation until September 30, 1997:
Provided further, That of the funds provided, not less than
$11,306,000 shall be used to carry out the loan repayment
program under section 108 of the Indian Health Care Im-
provement Act, as amended: Provided further, That funds
provided in this Act may be used for one-year contracts and
grants which are to be performed in two fiscal years, so
long as the total obligation is recorded in the year for which
the funds are appropriated: Provided further, That the
amounts collected by the Secretary of Health and Human
Services under the authority of title IV of the Indian Health
Care Improvement Act shall be available for two fiscal years
after the fiscal year in which they were collected, for the
purpose of achieving compliance with the applicable condi-
tions and requirements of titles XVIII and XIX of the So-
cial Security Act (exclusive of planning, design, or con-
1025
struction of new facilities): Provided further, That of the
funds provided, $7,500,000 shall remain available until ex-
pended, for the Indian Self-Determination Fund, which
shall be available for the transitional costs of initial or ex-
panded tribal contracts, grants or cooperative agreements
with the Indian Health Service under the provisions of the
Indian Self-Determination Act: Provided further, That
funding contained herein, and in any earlier appropria-
tions Acts for scholarship programs under the Indian
Health Care Improvement Act (25 U.S.C. 1613) shall re-
main available for obligation until September 30, 1997:
Provided further, That amounts received by tribes and trib-
al organizations under title IV of the Indian Health Care
Improvement Act, as amended, shall be reported and ac-
counted for and available to the receiving tribes and tribal
organizations until expended.
INDIAN HEALTH FACILITIES
For construction, repair, maintenance, improvement,
and equipment of health and related auxiliary facilities, in-
cluding quarters for personnel; preparation of plans, speci-
fications, and drawings; acquisition of sites, purchase and
erection of modular buildings, and purchases of trailers;
and for provision of domestic and community sanitation
facilities for Indians, as authorized by section 7 of the Act
of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-Deter-
1026
mination Act and the Indian Health Care Improvement
Act, and for expenses necessary to carry out the Act of Au-
gust 5, 1954 (68 Stat. 674), the Indian Self-Determination
Act, the Indian Health Care Improvement Act, and titles
II and III of the Public Health Service Act with respect
to environmental health and facilities support activities of
the Indian Health Service, $238,958,000, to remain avail-
able until expended: Provided, That notwithstanding any
other provision of law, funds appropriated for the planning,
design, construction or renovation of health facilities for the
benefit of an Indian tribe or tribes may be used to purchase
land for sites to construct, improve, or enlarge health or
related facilities.
ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE
Appropriations in this Act to the Indian Health Serv-
ice shall be available for services as authorized by 5 U.S.C.
3109 but at rates not to exceed the per diem rate equivalent
to the maximum rate payable for senior-level positions
under 5 U.S.C. 5376; hire of passenger motor vehicles and
aircraft; purchase of medical equipment; purchase of re-
prints; purchase, renovation and erection of modular build-
ings and renovation of existing facilities; payments for tele-
phone service in private residences in the field, when au-
thorized under regulations approved by the Secretary; and
for uniforms or allowances therefor as authorized by law
1027
(5 U.S.C. 5901–5902); and for expenses of attendance at
meetings which are concerned with the functions or activi-
ties for which the appropriation is made or which will con-
tribute to improved conduct, supervision, or management
of those functions or activities: Provided, That in accord-
ance with the provisions of the Indian Health Care Im-
provement Act, non-Indian patients may be extended health
care at all tribally administered or Indian Health Service
facilities, subject to charges, and the proceeds along with
funds recovered under the Federal Medical Care Recovery
Act (42 U.S.C. 2651–53) shall be credited to the account
of the facility providing the service and shall be available
without fiscal year limitation: Provided further, That not-
withstanding any other law or regulation, funds transferred
from the Department of Housing and Urban Development
to the Indian Health Service shall be administered under
Public Law 86–121 (the Indian Sanitation Facilities Act)
and Public Law 93–638, as amended: Provided further,
That funds appropriated to the Indian Health Service in
this Act, except those used for administrative and program
direction purposes, shall not be subject to limitations di-
rected at curtailing Federal travel and transportation: Pro-
vided further, That the Indian Health Service shall neither
bill nor charge those Indians who may have the economic
means to pay unless and until such time as Congress has
1028
agreed upon a specific policy to do so and has directed the
Indian Health Service to implement such a policy: Pro-
vided further, That, notwithstanding any other provision
of law, funds previously or herein made available to a tribe
or tribal organization through a contract, grant or agree-
ment authorized by title I of the Indian Self-Determination
and Education Assistance Act of 1975 (88 Stat. 2203; 25
U.S.C. 450), may be deobligated and reobligated to a self-
governance funding agreement under title III of the Indian
Self-Determination and Education Assistance Act of 1975
and thereafter shall remain available to the tribe or tribal
organization without fiscal year limitation: Provided fur-
ther, That none of the funds made available to the Indian
Health Service in this Act shall be used to implement the
final rule published in the Federal Register on September
16, 1987, by the Department of Health and Human Serv-
ices, relating to eligibility for the health care services of the
Indian Health Service until the Indian Health Service has
submitted a budget request reflecting the increased costs as-
sociated with the proposed final rule, and such request has
been included in an appropriations Act and enacted into
law: Provided further, That funds made available in this
Act are to be apportioned to the Indian Health Service as
appropriated in this Act, and accounted for in the appro-
priation structure set forth in this Act: Provided further,
1029
That the appropriation structure for the Indian Health
Service may not be altered without advance approval of the
House and Senate Committees on Appropriations.
DEPARTMENT OF EDUCATION
OFFICE OF ELEMENTARY AND SECONDARY EDUCATION
INDIAN EDUCATION
For necessary expenses to carry out, to the extent not
otherwise provided, title IX, part A, subpart 1 of the Ele-
mentary and Secondary Education Act of 1965, as amend-
ed, and section 215 of the Department of Education Organi-
zation Act, $52,500,000.
OTHER RELATED AGENCIES
OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION
SALARIES AND EXPENSES
For necessary expenses of the Office of Navajo and
Hopi Indian Relocation as authorized by Public Law 93–
531, $20,345,000, to remain available until expended: Pro-
vided, That funds provided in this or any other appropria-
tions Act are to be used to relocate eligible individuals and
groups including evictees from District 6, Hopi-partitioned
lands residents, those in significantly substandard housing,
and all others certified as eligible and not included in the
preceding categories: Provided further, That none of the
funds contained in this or any other Act may be used by
the Office of Navajo and Hopi Indian Relocation to evict
1030
any single Navajo or Navajo family who, as of November
30, 1985, was physically domiciled on the lands partitioned
to the Hopi Tribe unless a new or replacement home is pro-
vided for such household: Provided further, That no
relocatee will be provided with more than one new or re-
placement home: Provided further, That the Office shall re-
locate any certified eligible relocatees who have selected and
received an approved homesite on the Navajo reservation
or selected a replacement residence off the Navajo reserva-
tion or on the land acquired pursuant to 25 U.S.C. 640d–
10.
INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE
CULTURE AND ARTS DEVELOPMENT
PAYMENT TO THE INSTITUTE
For payment to the Institute of American Indian and
Alaska Native Culture and Arts Development, as authorized
by title XV of Public Law 99–498 (20 U.S.C. 4401 et seq.),
$5,500,000.
SMITHSONIAN INSTITUTION
SALARIES AND EXPENSES
For necessary expenses of the Smithsonian Institution,
as authorized by law, including research in the fields of art,
science, and history; development, preservation, and docu-
mentation of the National Collections; presentation of pub-
lic exhibits and performances; collection, preparation, dis-
1031
semination, and exchange of information and publications;
conduct of education, training, and museum assistance pro-
grams; maintenance, alteration, operation, lease (for terms
not to exceed thirty years), and protection of buildings, fa-
cilities, and approaches; not to exceed $100,000 for services
as authorized by 5 U.S.C. 3109; up to 5 replacement pas-
senger vehicles; purchase, rental, repair, and cleaning of
uniforms for employees; $308,188,000, of which not to ex-
ceed $30,472,000 for the instrumentation program, collec-
tions acquisition, Museum Support Center equipment and
move, exhibition reinstallation, the National Museum of the
American Indian, the repatriation of skeletal remains pro-
gram, research equipment, information management, and
Latino programming shall remain available until expended
and, including such funds as may be necessary to support
American overseas research centers and a total of $125,000
for the Council of American Overseas Research Centers:
Provided, That funds appropriated herein are available for
advance payments to independent contractors performing
research services or participating in official Smithsonian
presentations.
CONSTRUCTION AND IMPROVEMENTS, NATIONAL
ZOOLOGICAL PARK
For necessary expenses of planning, construction, re-
modeling, and equipping of buildings and facilities at the
1032
National Zoological Park, by contract or otherwise,
$3,250,000, to remain available until expended.
REPAIR AND RESTORATION OF BUILDINGS
For necessary expenses of repair and restoration of
buildings owned or occupied by the Smithsonian Institu-
tion, by contract or otherwise, as authorized by section 2
of the Act of August 22, 1949 (63 Stat. 623), including not
to exceed $10,000 for services as authorized by 5 U.S.C.
3109, $33,954,000, to remain available until expended: Pro-
vided, That contracts awarded for environmental systems,
protection systems, and exterior repair or restoration of
buildings of the Smithsonian Institution may be negotiated
with selected contractors and awarded on the basis of con-
tractor qualifications as well as price.
CONSTRUCTION
For necessary expenses for construction, $27,700,000,
to remain available until expended.
NATIONAL GALLERY OF ART
SALARIES AND EXPENSES
For the upkeep and operations of the National Gallery
of Art, the protection and care of the works of art therein,
and administrative expenses incident thereto, as authorized
by the Act of March 24, 1937 (50 Stat. 51), as amended
by the public resolution of April 13, 1939 (Public Resolu-
tion 9, Seventy-sixth Congress), including services as au-
1033
thorized by 5 U.S.C. 3109; payment in advance when au-
thorized by the treasurer of the Gallery for membership in
library, museum, and art associations or societies whose
publications or services are available to members only, or
to members at a price lower than to the general public; pur-
chase, repair, and cleaning of uniforms for guards, and uni-
forms, or allowances therefor, for other employees as author-
ized by law (5 U.S.C. 5901–5902); purchase or rental of
devices and services for protecting buildings and contents
thereof, and maintenance, alteration, improvement, and re-
pair of buildings, approaches, and grounds; and purchase
of services for restoration and repair of works of art for
the National Gallery of Art by contracts made, without ad-
vertising, with individuals, firms, or organizations at such
rates or prices and under such terms and conditions as the
Gallery may deem proper, $51,844,000, of which not to ex-
ceed $3,026,000 for the special exhibition program shall re-
main available until expended.
REPAIR, RESTORATION AND RENOVATION OF BUILDINGS
For necessary expenses of repair, restoration and ren-
ovation of buildings, grounds and facilities owned or occu-
pied by the National Gallery of Art, by contract or other-
wise, as authorized, $6,442,000, to remain available until
expended: Provided, That contracts awarded for environ-
mental systems, protection systems, and exterior repair or
renovation of buildings of the National Gallery of Art may
1034
be negotiated with selected contractors and awarded on the
basis of contractor qualifications as well as price.
JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS
OPERATIONS AND MAINTENANCE
For necessary expenses for the operation, maintenance
and security of the John F. Kennedy Center for the Per-
forming Arts, $10,323,000: Provided, That 40 U.S.C. 193n
is hereby amended by striking the word ‘‘and’’ after the
word ‘‘Institution’’ and inserting in lieu thereof a comma,
and by inserting ‘‘and the Trustees of the John F. Kennedy
Center for the Performing Arts,’’ after the word ‘‘Art,’’.
CONSTRUCTION
For necessary expenses of capital repair and rehabili-
tation of the existing features of the building and site of
the John F. Kennedy Center for the Performing Arts,
$8,983,000, to remain available until expended.
WOODROW WILSON INTERNATIONAL CENTER FOR
SCHOLARS
SALARIES AND EXPENSES
For expenses necessary in carrying out the provisions
of the Woodrow Wilson Memorial Act of 1968 (82 Stat.
1356) including hire of passenger vehicles and services as
authorized by 5 U.S.C. 3109, $5,840,000.
1035
NATIONAL FOUNDATION ON THE ARTS AND THE
HUMANITIES
NATIONAL ENDOWMENT FOR THE ARTS
GRANTS AND ADMINISTRATION
For necessary expenses to carry out the National Foun-
dation on the Arts and the Humanities Act of 1965, as
amended, $82,259,000, shall be available to the National
Endowment for the Arts for the support of projects and pro-
ductions in the arts through assistance to groups and indi-
viduals pursuant to section 5(c) of the Act, and for admin-
istering the functions of the Act, to remain available until
September 30, 1997.
MATCHING GRANTS
To carry out the provisions of section 10(a)(2) of the
National Foundation on the Arts and the Humanities Act
of 1965, as amended, $17,235,000, to remain available until
September 30, 1997, to the National Endowment for the
Arts, of which $7,500,000 shall be available for purposes
of section 5(p)(1): Provided, That this appropriation shall
be available for obligation only in such amounts as may
be equal to the total amounts of gifts, bequests, and devises
of money, and other property accepted by the Chairman
or by grantees of the Endowment under the provisions of
section 10(a)(2), subsections 11(a)(2)(A) and 11(a)(3)(A)
during the current and preceding fiscal years for which
equal amounts have not previously been appropriated.
1036
NATIONAL ENDOWMENT FOR THE HUMANITIES
GRANTS AND ADMINISTRATION
For necessary expenses to carry out the National Foun-
dation on the Arts and the Humanities Act of 1965, as
amended, $94,000,000, shall be available to the National
Endowment for the Humanities for support of activities in
the humanities, pursuant to section 7(c) of the Act, and for
administering the functions of the Act, to remain available
until September 30, 1997.
MATCHING GRANTS
To carry out the provisions of section 10(a)(2) of the
National Foundation on the Arts and the Humanities Act
of 1965, as amended, $16,000,000, to remain available until
September 30, 1997, of which $10,000,000 shall be available
to the National Endowment for the Humanities for the pur-
poses of section 7(h): Provided, That this appropriation
shall be available for obligation only in such amounts as
may be equal to the total amounts of gifts, bequests, and
devises of money, and other property accepted by the Chair-
man or by grantees of the Endowment under the provisions
of subsections 11(a)(2)(B) and 11(a)(3)(B) during the cur-
rent and preceding fiscal years for which equal amounts
have not previously been appropriated.
1037
INSTITUTE OF MUSEUM SERVICES
GRANTS AND ADMINISTRATION
For carrying out title II of the Arts, Humanities, and
Cultural Affairs Act of 1976, as amended, $21,000,000, to
remain available until September 30, 1997.
ADMINISTRATIVE PROVISIONS
None of the funds appropriated to the National Foun-
dation on the Arts and the Humanities may be used to
process any grant or contract documents which do not in-
clude the text of 18 U.S.C. 1913: Provided, That none of
the funds appropriated to the National Foundation on the
Arts and the Humanities may be used for official reception
and representation expenses.
COMMISSION OF FINE ARTS
SALARIES AND EXPENSES
For expenses made necessary by the Act establishing
a Commission of Fine Arts (40 U.S.C. 104), $834,000.
NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS
For necessary expenses as authorized by Public Law
99–190 (99 Stat. 1261; 20 U.S.C. 956(a)), as amended,
$6,000,000.
ADVISORY COUNCIL ON HISTORIC PRESERVATION
SALARIES AND EXPENSES
For expenses necessary for the Advisory Council on
Historic Preservation, $2,500,000.
1038
NATIONAL CAPITAL PLANNING COMMISSION
SALARIES AND EXPENSES
For necessary expenses, as authorized by the National
Capital Planning Act of 1952 (40 U.S.C. 71–71i), includ-
ing services as authorized by 5 U.S.C. 3109, $5,090,000:
Provided, That all appointed members will be compensated
at a rate not to exceed the rate for Executive Schedule Level
IV.
FRANKLIN DELANO ROOSEVELT MEMORIAL COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Franklin Delano Roo-
sevelt Memorial Commission, established by the Act of Au-
gust 11, 1955 (69 Stat. 694), as amended by Public Law
92–332 (86 Stat. 401), $147,000, to remain available until
September 30, 1997.
PENNSYLVANIA AVENUE DEVELOPMENT CORPORATION
PUBLIC DEVELOPMENT
Funds made available under this heading in prior
years shall be available for operating and administrative
expenses and for the orderly closure of the Corporation, as
well as operating and administrative expenses for the func-
tions transferred to the General Services Administration.
(RESCISSION)
Of the available balances under this heading,
$2,172,000 are rescinded.
1039
UNITED STATES HOLOCAUST MEMORIAL COUNCIL
HOLOCAUST MEMORIAL COUNCIL
For expenses of the Holocaust Memorial Council, as
authorized 
by 
Public 
Law 
96–388, 
as 
amended,
$28,707,000; of which $1,575,000 for the Museum’s repair
and rehabilitation program and $1,264,000 for the Muse-
um’s exhibition program shall remain available until ex-
pended.
TITLE III—GENERAL PROVISIONS
SEC. 301. The expenditure of any appropriation under
this Act for any consulting service through procurement
contract, pursuant to 5 U.S.C. 3109, shall be limited to
those contracts where such expenditures are a matter of pub-
lic record and available for public inspection, except where
otherwise provided under existing law, or under existing
Executive order issued pursuant to existing law.
SEC. 302. No part of any appropriation under this
Act shall be available to the Secretary of the Interior or
the Secretary of Agriculture for the leasing of oil and natu-
ral gas by noncompetitive bidding on publicly owned lands
within the boundaries of the Shawnee National Forest, Illi-
nois: Provided, That nothing herein is intended to inhibit
or otherwise affect the sale, lease, or right to access to min-
erals owned by private individuals.
1040
SEC. 303. No part of any appropriation contained in
this Act shall be available for any activity or the publica-
tion or distribution of literature that in any way tends to
promote public support or opposition to any legislative pro-
posal on which congressional action is not complete.
SEC. 304. No part of any appropriation contained in
this Act shall remain available for obligation beyond the
current fiscal year unless expressly so provided herein.
SEC. 305. None of the funds provided in this Act to
any department or agency shall be obligated or expended
to provide a personal cook, chauffeur, or other personal serv-
ants to any officer or employee of such department or agen-
cy except as otherwise provided by law.
SEC. 306. No assessments may be levied against any
program, budget activity, subactivity, or project funded by
this Act unless notice of such assessments and the basis
therefor are presented to the Committees on Appropriations
and are approved by such Committees.
SEC. 307. (a) COMPLIANCE WITH BUY AMERICAN
ACT.—None of the funds made available in this Act may
be expended by an entity unless the entity agrees that in
expending the funds the entity will comply with sections
2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a–
10c; popularly known as the ‘‘Buy American Act’’).
1041
(b) SENSE OF CONGRESS; REQUIREMENT REGARDING
NOTICE.—
(1) PURCHASE OF AMERICAN-MADE EQUIPMENT
AND PRODUCTS.—In the case of any equipment or
product that may be authorized to be purchased with
financial assistance provided using funds made avail-
able in this Act, it is the sense of the Congress that
entities receiving the assistance should, in expending
the assistance, purchase only American-made equip-
ment and products.
(2) NOTICE TO RECIPIENTS OF ASSISTANCE.—In
providing financial assistance using funds made
available in this Act, the head of each Federal agency
shall provide to each recipient of the assistance a no-
tice describing the statement made in paragraph (1)
by the Congress.
(c) PROHIBITION
OF CONTRACTS WITH PERSONS
FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—
If it has been finally determined by a court or Federal agen-
cy that any person intentionally affixed a label bearing a
‘‘Made in America’’ inscription, or any inscription with
the same meaning, to any product sold in or shipped to
the United States that is not made in the United States,
the person shall be ineligible to receive any contract or sub-
contract made with funds made available in this Act, pur-
1042
suant to the debarment, suspension, and ineligibility proce-
dures described in sections 9.400 through 9.409 of title 48,
Code of Federal Regulations.
SEC. 308. None of the funds in this Act may be used
to plan, prepare, or offer for sale timber from trees classified
as giant sequoia (sequoiadendron giganteum) which are lo-
cated on National Forest System or Bureau of Land Man-
agement lands in a manner different than such sales were
conducted in fiscal year 1995.
SEC. 309. None of the funds made available by this
Act may be obligated or expended by the National Park
Service to enter into or implement a concession contract
which permits or requires the removal of the underground
lunchroom at the Carlsbad Caverns National Park.
SEC. 310. Where the actual costs of construction
projects under self-determination contracts, compacts, or
grants, pursuant to Public Laws 93–638, 103–413, or 100–
297, are less than the estimated costs thereof, use of the re-
sulting excess funds shall be determined by the appropriate
Secretary after consultation with the tribes.
SEC. 311. Notwithstanding Public Law 103–413,
quarterly payments of funds to tribes and tribal organiza-
tions under annual funding agreements pursuant to section
108 of Public Law 93–638, as amended, may be made on
1043
the first business day following the first day of a fiscal
quarter.
SEC. 312. None of funds appropriated or otherwise
made available by this Act may be used for the AmeriCorps
program, unless the relevant agencies of the Department of
the 
Interior 
and/or 
Agriculture 
follow 
appropriate
reprogramming guidelines: Provided, That if no funds are
provided for the AmeriCorps program by the VA–HUD and
Independent Agencies fiscal year 1996 appropriations bill,
then none of the funds appropriated or otherwise made
available by this Act may be used for the AmeriCorps pro-
grams.
SEC. 313. (a) On or before April 1, 1996, the Penn-
sylvania Avenue Development Corporation shall—
(1) transfer and assign in accordance with this
section all of its rights, title, and interest in and to
all of the leases, covenants, agreements, and easements
it has executed or will execute by March 31, 1996, in
carrying out its powers and duties under the Penn-
sylvania Avenue Development Corporation Act (40
U.S.C. 871–885) and the Federal Triangle Develop-
ment Act (40 U.S.C. 1101–1109) to the General Serv-
ices Administration, National Capital Planning
Commission, or the National Park Service; and
1044
(2) except as provided by subsection (d), transfer
all rights, title, and interest in and to all property,
both real and personal, held in the name of the Penn-
sylvania Avenue Development Corporation to the
General Services Administration.
(b) The responsibilities of the Pennsylvania Avenue
Development Corporation transferred to the General Serv-
ices Administration under subsection (a) include, but are
not limited to, the following:
(1) Collection of revenue owed the Federal Gov-
ernment as a result of real estate sales or lease agree-
ments entered into by the Pennsylvania Avenue De-
velopment Corporation and private parties, includ-
ing, at a minimum, with respect to the following
projects:
(A) The Willard Hotel property on Square
225.
(B) The Gallery Row project on Square
457.
(C) The Lansburgh’s project on Square 431.
(D) The Market Square North project on
Square 407.
(2) Collection of sale or lease revenue owed the
Federal Government (if any) in the event two unde-
veloped sites owned by the Pennsylvania Avenue De-
1045
velopment Corporation on Squares 457 and 406 are
sold or leased prior to April 1, 1996.
(3) Application of collected revenue to repay
United States Treasury debt incurred by the Penn-
sylvania Avenue Development Corporation in the
course of acquiring real estate.
(4) Performing financial audits for projects in
which the Pennsylvania Avenue Development Cor-
poration has actual or potential revenue expectation,
as identified in paragraphs (1) and (2), in accord-
ance with procedures described in applicable sale or
lease agreements.
(5) Disposition of real estate properties which
are or become available for sale and lease or other
uses.
(6) Payment of benefits in accordance with the
Uniform Relocation Assistance and Real Property Ac-
quisitions Policies Act of 1970 to which persons in the
project area squares are entitled as a result of the
Pennsylvania Avenue Development Corporation’s ac-
quisition of real estate.
(7) Carrying out the responsibilities of the Penn-
sylvania Avenue Development Corporation under the
Federal Triangle Development Act (40 U.S.C. 1101–
1046
1109), including responsibilities for managing assets
and liabilities of the Corporation under such Act.
(c) In carrying out the responsibilities of the Penn-
sylvania Avenue Development Corporation transferred
under this section, the Administrator of the General Serv-
ices Administration shall have the following powers:
(1) To acquire lands, improvements, and prop-
erties by purchase, lease or exchange, and to sell,
lease, or otherwise dispose of real or personal property
as necessary to complete the development plan devel-
oped under section 5 of the Pennsylvania Avenue De-
velopment Corporation Act of 1972 (40 U.S.C. 874)
if a notice of intention to carry out such acquisition
or disposal is first transmitted to the Committee on
Transportation and Infrastructure and the Committee
on Appropriations of the House of Representatives
and the Committee on Environment and Public
Works and the Committee on Appropriations of the
Senate and at least 60 days elapse after the date of
such transmission.
(2) To modify from time to time the plan re-
ferred to in paragraph (1) if such modification is
first transmitted to the Committee on Transportation
and Infrastructure and the Committee on Appropria-
tions of the House of Representatives and the Com-
1047
mittee on Environment and Public Works and the
Committee on Appropriations of the Senate and at
least 60 days elapse after the date of such trans-
mission.
(3) To maintain any existing Pennsylvania Ave-
nue Development Corporation insurance programs.
(4) To enter into and perform such leases, con-
tracts, or other transactions with any agency or in-
strumentality of the United States, the several States,
or the District of Columbia or with any person, firm,
association, or corporation as may be necessary to
carry out the responsibilities of the Pennsylvania Av-
enue Development Corporation under the Federal Tri-
angle Development Act (40 U.S.C. 1101–1109).
(5) To request the Council of the District of Co-
lumbia to close any alleys necessary for the comple-
tion of development in Square 457.
(6) To use all of the funds transferred from the
Pennsylvania Avenue Development Corporation or in-
come earned on Pennsylvania Avenue Development
Corporation property to complete any pending devel-
opment projects.
(d)(1)(A) On or before April 1, 1996, the Pennsylvania
Avenue Development Corporation shall transfer all its
right, title, and interest in and to the property described
1048
in subparagraph (B) to the National Park Service, Depart-
ment of the Interior.
(B) The property referred to in subparagraph (A) is
the property located within the Pennsylvania Avenue Na-
tional Historic Site depicted on a map entitled ‘‘Pennsylva-
nia Avenue National Historic Park’’, dated June 1, 1995,
and numbered 840–82441, which shall be on file and avail-
able for public inspection in the offices of the National Park
Service, Department of the Interior. The Pennsylvania Ave-
nue National Historic Site includes the parks, plazas, side-
walks, special lighting, trees, sculpture, and memorials.
(2) Jurisdiction of Pennsylvania Avenue and all other
roadways from curb to curb shall remain with the District
of Columbia but vendors shall not be permitted to occupy
street space except during temporary special events.
(3) The National Park Service shall be responsible for
management, administration, maintenance, law enforce-
ment, visitor services, resource protection, interpretation,
and historic preservation at the Pennsylvania Avenue Na-
tional Historic Site.
(4) The National Park Service may enter into con-
tracts, cooperative agreements, or other transactions with
any agency or instrumentality of the United States, the sev-
eral States, or the District of Columbia or with any person,
firm, association, or corporation as may be deemed nec-
1049
essary or appropriate for the conduct of special events, fes-
tivals, concerts, or other art and cultural programs at the
Pennsylvania Avenue National Historic Site or may estab-
lish a nonprofit foundation to solicit funds for such activi-
ties.
(e) Notwithstanding any other provision of law, the
responsibility for ensuring that development or redevelop-
ment in the Pennsylvania Avenue area is carried out in
accordance with the Pennsylvania Avenue Development
Corporation Plan—1974, as amended, is transferred to the
National Capital Planning Commission or its successor
commencing April 1, 1996.
(f) SAVINGS PROVISIONS.—
(1) REGULATIONS.—Any regulations prescribed
by the Corporation in connection with the Pennsylva-
nia Avenue Development Corporation Act of 1972 (40
U.S.C. 871–885) and the Federal Triangle Develop-
ment Act (40 U.S.C. 1101–1109) shall continue in ef-
fect until suspended by regulations prescribed by the
Administrator of the General Services Administra-
tion.
(2) EXISTING
RIGHTS, DUTIES, AND
OBLIGA-
TIONS NOT AFFECTED.—Subsection (a) shall not be
construed as affecting the validity of any right, duty,
or obligation of the United States or any other person
1050
arising under or pursuant to any contract, loan, or
other instrument or agreement which was in effect on
the day before the date of the transfers under sub-
section (a).
(3) CONTINUATION
OF
SUITS.—No action or
other proceeding commenced by or against the Cor-
poration in connection with administration of the
Pennsylvania Avenue Development Corporation Act
of 1972 (40 U.S.C. 871–885) and the Federal Tri-
angle Development Act (40 U.S.C. 1101–1109) shall
abate by reason of enactment and implementation of
this Act, except that the General Services Administra-
tion shall be substituted for the Corporation as a
party to any such action or proceeding.
(g) Section 3(b) of the Pennsylvania Avenue Develop-
ment Corporation Act of 1972 (40 U.S.C. 872(b)) is amend-
ed as follows:
‘‘(b) The Corporation shall be dissolved on or before
April 1, 1996. Upon dissolution, assets, obligations, indebt-
edness, and all unobligated and unexpended balances of the
Corporation shall be transferred in accordance with the De-
partment of the Interior and Related Agencies Appropria-
tions Act, 1996.’’.
SEC. 314. (a) Except as provided in subsection (b), no
part of any appropriation contained in this Act or any
1051
other Act shall be obligated or expended for the operation
or implementation of the Interior Columbia Basin Eco-
system Management Project (hereinafter ‘‘Project’’).
(b) From the funds appropriated to the Forest Service
and Bureau of Land Management: a sum of $4,000,000 is
made available for the Executive Steering Committee of the
Project to publish, and submit to the Congress, by May 31,
1996, an assessment of the National Forest System lands
and lands administered by the Bureau of Land Manage-
ment within the area encompassed by the Project. The as-
sessment shall be accompanied by two draft Environmental
Impact Statements that: are not decisional and not subject
to judicial review; contain a range of alternatives, without
the identification of a preferred alternative or management
recommendation; and provide a methodology for conducting
any cumulative effects analysis required by section 102(2)
of the National Environmental Policy Act (42 U.S.C.
433(2)) in the preparation of amendments to resource man-
agement plans pursuant to subsection (c). The assessment
shall incorporate all existing relevant scientific information
including, but not limited to, information on landscape dy-
namics, forest and rangeland health conditions, fisheries,
and watersheds and the implications of each as they relate
to federal forest and rangeland health. The assessment and
draft Environmental Impact Statements shall not be: the
1052
subject of consultation or conferencing pursuant to section
7 of the Endangered Species Act of 1973 (16 U.S.C. 1536);
accompanied by any record of decision or other National
Environmental Policy Act documentation; or applied or
used to regulate non-federal lands. The Executive Steering
Committee shall release the draft Environmental Impact
Statements for a ninety day public comment period and
include a summary of the public comments received in the
submission to Congress.
(c)(1) From the funds appropriated to the Forest Serv-
ice and the Bureau of Land Management, based on the doc-
uments prepared pursuant to subsection (b) and any other
guidance or policy issued prior to the date of enactment
of this section, and in consultation with the affected Gov-
ernor, and county commissioners, each Forest Supervisor
and District Manager with responsibility for a national
forest or a unit of land administered by the Bureau of Land
Management (hereinafter ‘‘forest’’) within the area encom-
passed by the Project shall review the resource management
plan (hereinafter ‘‘plan’’) for such forest and develop, by
an amendment to such plan, a modification of or alter-
native to any policy which is applicable to such plan upon
the date of enactment of this section (whether or not such
policy has been added to such plan by amendment), includ-
ing any policy which is, or is intended to be, of limited
1053
duration, and which the Project addresses, to meet the spe-
cific conditions of such forest. Each amendment shall: con-
tain the modified or alternative policy developed pursuant
to this paragraph, be directed solely to and affect only such
plan; address the specific conditions of the forest to which
the plan applies and the relationship of the modified or al-
ternative policy to such conditions; and, to the maximum
extent practicable, establish site-specific standards in lieu
of imposing general standards applicable to multiple sites.
(2)(A) Each amendment prepared pursuant to para-
graph (1) shall comply with any applicable requirements
of section 102(2) of the National Environmental Policy Act,
except that any cumulative effects analysis conducted in ac-
cordance with the methodology provided pursuant to sub-
section (b) shall be deemed to meet any requirement of such
Act for such analysis.
(B) Any policy adopted in an amendment prepared
pursuant to paragraph (1) which is a modification of or
alternative to a policy referred to in paragraph (1) upon
which consultation or conferencing has occurred pursuant
to section 7 of the Endangered Species Act of 1973 shall
not again be subject to the consultation or conferencing pro-
visions of such section 7. Any other consultation or con-
ferencing required by such section 7 shall be conducted sepa-
rately on each amendment prepared pursuant to paragraph
1054
(1): Provided, That, except as provided in this subpara-
graph, no other consultation shall be undertaken on such
amendments, on any project or activity which is consistent
with an applicable amendment, on any policy referred to
in paragraph (1), or on any portion of any plan related
to such policy or the species to which such policy applies.
(3) Each amendment prepared pursuant to paragraph
(1) shall be adopted on or before March 31, 1997, and no
policy referred to in paragraph (1), or any provision of
a plan or other planning document incorporating such pol-
icy, shall be effective in any forest subject to the Project
on or after such date, or after an amendment to the plan
which applies to such forest is adopted pursuant to this sub-
section, whichever occurs first.
(4) On the signing of a record of decision or equivalent
document making an amendment for the Clearwater Na-
tional Forest pursuant to paragraph (1), the requirement
for revision referred to in this Stipulation of Dismissal
dated September 13, 1993, applicable to such Forest is
deemed to be satisfied, and the interim management direc-
tion provisions contained in the Stipulation of Dismissal
shall be of no further effect with respect to such Forest.
SEC. 315. RECREATIONAL FEE DEMONSTRATION PRO-
GRAM.—(a) The Secretary of the Interior (acting through
the Bureau of Land Management, the National Park Serv-
1055
ice and the United States Fish and Wildlife Service) and
the Secretary of Agriculture (acting through the Forest
Service) shall each implement a fee program to demonstrate
the feasibility of user-generated cost recovery for the oper-
ation and maintenance of recreation areas or sites and
habitat enhancement projects on Federal lands.
(b) In carrying out the pilot program established pur-
suant to this section, the appropriate Secretary shall select
from areas under the jurisdiction of each of the four agen-
cies referred to in subsection (a) no fewer than 10, but as
many as 50, areas, sites or projects for fee demonstration.
For each such demonstration, the Secretary, notwithstand-
ing any other provision of law—
(1) shall charge and collect fees for admission to
the area or for the use of outdoor recreation sites, fa-
cilities, visitor centers, equipment, and services by in-
dividuals and groups, or any combination thereof;
(2) shall establish fees under this section based
upon a variety of cost recovery and fair market valu-
ation methods to provide a broad basis for feasibility
testing;
(3) may contract, including provisions for rea-
sonable commissions, with any public or private en-
tity to provide visitor services, including reservations
and information, and may accept services of volun-
1056
teers to collect fees charged pursuant to paragraph
(1);
(4) may encourage private investment and part-
nerships to enhance the delivery of quality customer
services and resource enhancement, and provide ap-
propriate recognition to such partners or investors;
and
(5) may assess a fine of not more than $100 for
any violation of the authority to collect fees for ad-
mission to the area or for the use of outdoor recre-
ation sites, facilities, visitor centers, equipment, and
services.
(c)(1) Amounts collected at each fee demonstration
area, site or project shall be distributed as follows:
(A) Of the amount in excess of 104% of the
amount collected in fiscal year 1995, and thereafter
annually adjusted upward by 4%, eighty percent to
a special account in the Treasury for use without fur-
ther appropriation, by the agency which administers
the site, to remain available for expenditures in ac-
cordance with paragraph (2)(A).
(B) Of the amount in excess of 104% of the
amount collected in fiscal year 1995, and thereafter
annually adjusted upward by 4%, twenty percent to
a special account in the Treasury for use without fur-
1057
ther appropriation, by the agency which administers
the site, to remain available for expenditure in ac-
cordance with paragraph (2)(B).
(C) For agencies other than the Fish and Wild-
life Service, up to 15% of current year collections of
each agency, but not greater than fee collection costs
for that fiscal year, to remain available for expendi-
ture without further appropriation in accordance
with paragraph (2)(C).
(D) For agencies other than the Fish and Wild-
life Service, the balance to the special account estab-
lished pursuant to subparagraph (A) of section 4(i)(1)
of the Land and Water Conservation Fund Act, as
amended.
(E) For the Fish and Wildlife Service, the bal-
ance shall be distributed in accordance with section
201(c) of the Emergency Wetlands Resources Act.
(2)(A) Expenditures from site specific special funds
shall be for further activities of the area, site or project from
which funds are collected, and shall be accounted for sepa-
rately.
(B) Expenditures from agency specific special funds
shall be for use on an agency-wide basis and shall be ac-
counted for separately.
1058
(C) Expenditures from the fee collection support fund
shall be used to cover fee collection costs in accordance with
section 4(i)(1)(B) of the Land and Water Conservation
Fund Act, as amended: Provided, That funds unexpended
and unobligated at the end of the fiscal year shall not be
deposited into the special account established pursuant to
section 4(i)(1)(A) of said Act and shall remain available
for expenditure without further appropriation.
(3) In order to increase the quality of the visitor expe-
rience at public recreational areas and enhance the protec-
tion of resources, amounts available for expenditure under
this section may only be used for the area, site or project
concerned, for backlogged repair and maintenance projects
(including projects relating to health and safety) and for
interpretation, signage, habitat or facility enhancement, re-
source preservation, annual operation (including fee collec-
tion), maintenance, and law enforcement relating to public
use. The agencywide accounts may be used for the same pur-
poses set forth in the preceding sentence, but for areas, sites
or projects selected at the discretion of the respective agency
head.
(d)(1) Amounts collected under this section shall not
be taken into account for the purposes of the Act of May
23, 1908 and the Act of March 1, 1911 (16 U.S.C. 500),
the Act of March 4, 1913 (16 U.S.C. 501), the Act of July
1059
22, 1937 (7 U.S.C. 1012), the Act of August 8, 1937 and
the Act of May 24, 1939 (43 U.S.C. 1181f et seq.), the Act
of June 14, 1926 (43 U.S.C. 869–4), chapter 69 of title 31,
United States Code, section 401 of the Act of June 15, 1935
(16 U.S.C. 715s), the Land and Water Conservation Fund
Act of 1965 (16 U.S.C. 460l), and any other provision of
law relating to revenue allocation.
(2) Fees charged pursuant to this section shall be in
lieu of fees charged under any other provision of law.
(e) The Secretary of the Interior and the Secretary of
Agriculture shall carry out this section without promulgat-
ing regulations.
(f) The authority to collect fees under this section shall
commence on October 1, 1995, and end on September 30,
1998. Funds in accounts established shall remain available
through September 30, 2001.
SEC. 316. Section 2001(a)(2) of Public Law 104–19
is amended as follows: Strike ‘‘September 30, 1997’’ and
insert in lieu thereof ‘‘December 31, 1996’’.
SEC. 317. None of the funds made available in this
Act may be used for any program, project, or activity when
it is made known to the Federal entity or official to which
the funds are made available that the program, project, or
activity is not in compliance with any applicable Federal
1060
law relating to risk assessment, the protection of private
property rights, or unfunded mandates.
SEC. 318. None of the funds provided in this Act may
be made available for the Mississippi River Corridor Herit-
age Commission.
SEC. 319. GREAT BASIN NATIONAL PARK.—Section 3
of the Great Basin National Park Act of 1986 (16 U.S.C.
410mm–1) is amended—
(1) in the first sentence of subsection (e) by strik-
ing ‘‘shall’’ and inserting ‘‘may’’; and
(2) in subsection (f)—
(A) by striking ‘‘At the request’’ and insert-
ing the following:
‘‘(1) EXCHANGES.—At the request’’;
(B) by striking ‘‘grazing permits’’ and in-
serting ‘‘grazing permits and grazing leases’’;
and
(C) by adding after ‘‘Federal lands.’’ the
following:
‘‘(2) ACQUISITION BY DONATION.—
(A) IN GENERAL.—The Secretary may ac-
quire by donation valid existing permits and
grazing leases authorizing grazing on land in the
park.
1061
(B) TERMINATION.—The Secretary shall
terminate a grazing permit or grazing lease ac-
quired under subparagraph (A) so as to end
grazing previously authorized by the permit or
lease.’’.
SEC. 320. None of the funds made available in this
Act shall be used by the Department of Energy in imple-
menting the Codes and Standards Program to propose,
issue, or prescribe any new or amended standard: Provided,
That this section shall expire on September 30, 1996: Pro-
vided further, That nothing in this section shall preclude
the Federal Government from promulgating rules concern-
ing energy efficiency standards for the construction of new
federally-owned commercial and residential buildings.
SEC. 321. None of the funds made available in this
Act may be used (1) to demolish the bridge between Jersey
City, New Jersey, and Ellis Island; or (2) to prevent pedes-
trian use of such bridge, when it is made known to the Fed-
eral official having authority to obligate or expend such
funds that such pedestrian use is consistent with generally
accepted safety standards.
SEC. 322. (a) None of the funds appropriated or other-
wise made available pursuant to this Act shall be obligated
or expended to accept or process applications for a patent
1062
for any mining or mill site claim located under the general
mining laws.
(b) The provisions of subsection (a) shall not apply
if the Secretary of the Interior determines that, for the claim
concerned: (1) a patent application was filed with the Sec-
retary on or before September 30, 1994, and (2) all require-
ments established under sections 2325 and 2326 of the Re-
vised Statutes (30 U.S.C. 29 and 30) for vein or lode claims
and sections 2329, 2330, 2331, and 2333 of the Revised
Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and
section 2337 of the Revised Statutes (30 U.S.C. 42) for mill
site claims, as the case may be, were fully complied with
by the applicant by that date.
(c) PROCESSING SCHEDULE.—For those applications
for patents pursuant to subsection (b) which were filed with
the Secretary of the Interior, prior to September 30, 1994,
the Secretary of the Interior shall—
(1) Within three months of the enactment of this
Act, file with the House and Senate Committees on
Appropriations and the Committee on Resources of
the House of Representatives and the Committee on
Energy and Natural Resources of the United States
Senate a plan which details how the Department of
the Interior will make a final determination as to
whether or not an applicant is entitled to a patent
1063
under the general mining laws on at least 90 percent
of such applications within five years of the enact-
ment of this Act and file reports annually thereafter
with the same committees detailing actions taken by
the Department of the Interior to carry out such plan;
and
(2) Take such actions as may be necessary to
carry out such plan.
(d) MINERAL EXAMINATIONS.—In order to process
patent applications in a timely and responsible manner,
upon the request of a patent applicant, the Secretary of the
Interior shall allow the applicant to fund a qualified third-
party contractor to be selected by the Bureau of Land
Managment to conduct a mineral examination of the min-
ing claims or mill sites contained in a patent application
as set forth in subsection (b). The Bureau of Land Manage-
ment shall have the sole responsibility to choose and pay
the third-party contractor in accordance with the standard
procedures employed by the Bureau of Land Management
in the retention of third-party contractors.
SEC. 323. None of the funds appropriated or otherwise
made available by this Act may be used for the purposes
of acquiring lands in the counties of Lawrence, Monroe, or
Washington, Ohio, for the Wayne National Forest.
1064
SEC. 324. No part of any appropriation contained in
this Act or any other Act shall be expended or obligated
to fund the activities of the Office of Forestry and Economic
Development after December 31, 1995.
SEC. 325. Amend section 2001(k) of Public Law 104–
19 by striking ‘‘in fiscal years 1995 and 1996’’ in para-
graph (1) and adding paragraph (4) to read:
‘‘(4) TIMING AND CONDITIONS OF ALTERNATIVE VOL-
UME.—For any sale subject to paragraph (2) of this sub-
section, the Secretary concerned shall, and for any other
sale subject to this subsection, the Secretary concerned may,
within 45 days of the date of enactment of this paragraph,
reach agreement with the purchaser to identify and provide,
by a date agreed to by the purchaser, a volume, value and
kind of timber satisfactory to the purchaser to substitute
for all or a portion of the timber subject to the sale, which
shall be subject to the original terms of the contract except
as otherwise agreed, and shall be subject to paragraph (1).
After the agreed date for providing alternative timber the
purchaser may operate the original sale under the terms
of paragraph (1) until the Secretary concerned designates
and the purchaser accepts alternative timber under this
paragraph. Any sale subject to this subsection shall be
awarded, released, and completed pursuant to paragraph
(1) for a period equal to the length of the original contract,
1065
and shall not count against current allowable sale quan-
tities or timber sales to be offered under subsections (b) and
(d).’’
‘‘(5) BUY-OUT AUTHORIZATION.—The Secretary con-
cerned is authorized to permit a requesting purchaser of
any sale subject to this subsection to return to the Govern-
ment all or a specific volume of timber under the sale con-
tract, and shall pay to such purchaser upon tender of such
volume a buy-out payment for such volume from any funds
available to the Secretary concerned except from accounts
governing or related to forest land management, fire fight-
ing, timber sale preparation, harvest administration, road
construction and maintenance, timber sale program sup-
port; any accounts associated with preparing or admin-
istering the sale of timber from any public lands under the
jurisdiction of the Secretary concerned, range or minerals
management; or any permanent appropriation or trust
funds. Such volume and such payment shall be mutually
agreed to by the Secretary and the purchaser. The authority
provided by this paragraph to reach such agreement shall
expire 45 days after the enactment of this paragraph.’’
SEC. 326. (a) LAND EXCHANGE.—The Secretary of the
Interior (hereinafter referred to as the ‘‘Secretary’’) is au-
thorized to convey to the Boise Cascade Corporation (here-
inafter referred to as the ‘‘Corporation’’), a corporation
1066
formed under the statutes of the State of Delaware, with
its principal place of business at Boise, Idaho, title to ap-
proximately seven acres of land, more or less, located in
sections 14 and 23, township 36 north, range 37 east, Wil-
lamette Meridian, Stevens County, Washington, further
identified in the records of the Bureau of Reclamation, De-
partment of the Interior, as Tract No. GC–19860, and to
accept from the Corporation in exchange therefor, title to
approximately one hundred and thirty-six acres of land lo-
cated in section 19, township 37 north, range 38 east and
section 33, township 38 north, range 37 east, Willamette
Meridian, Stevens County, Washington, and further identi-
fied in the records of the Bureau of Reclamation, Depart-
ment of the Interior, as Tract No. GC–19858 and Tract
No. GC–19859, respectively.
(b) APPRAISAL.—The properties so exchanged either
shall be approximately equal in fair market value or if they
are not approximately equal, shall be equalized by the pay-
ment of cash to the Corporation or to the Secretary as re-
quired or in the event the value of the Corporation’s lands
is greater, the acreage may be reduced so that the fair mar-
ket value is approximately equal: Provided, That the Sec-
retary shall order appraisals made of the fair market value
of each tract of land included in the exchange without con-
sideration for improvements thereon: Provided further, That
1067
any cash payment received by the Secretary shall be covered
in the Reclamation Fund and credited to the Columbia
Basin project.
(c) ADMINISTRATIVE COSTS.—Costs of conducting the
necessary land surveys, preparing the legal descriptions of
the lands to be conveyed, performing the appraisals, and
administrative costs incurred in completing the exchange
shall be borne by the Corporation.
(d) LIABILITY
FOR HAZARDOUS SUBSTANCES.—(1)
The Secretary shall not acquire any lands under this Act
if the Secretary determines that such lands, or any portion
thereof, have become contaminated with hazardous sub-
stances (as defined in the Comprehensive Environmental
Response, Compensation, and Liability Act (42 U.S.C.
9601)).
(2) Notwithstanding any other provision of law, the
United States shall have no responsibility or liability with
respect to any hazardous wastes or other substances placed
on any of the lands covered by this Act after their transfer
to the ownership of any party, but nothing in this Act shall
be construed as either diminishing or increasing any re-
sponsibility or liability of the United States based on the
condition of such lands on the date of their transfer to the
ownership of another party. The Corporation shall indem-
nify the United States for liabilities arising under the Com-
1068
prehensive Environmental Response, Compensation, and
Liability Act (42 U.S.C. 9601), and the Resource Conserva-
tion Recovery Act (42 U.S.C. 6901 et seq.).
(e) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated such sums as may be nec-
essary to carry out the purposes of this Act.
SEC. 327. TIMBER SALES PIPELINE RESTORATION
FUNDS.—(a) The Secretary of Agriculture and the Sec-
retary of the Interior shall each establish a Timber Sales
Pipeline Restoration Fund (hereinafter ‘‘Agriculture Fund’’
and ‘‘Interior Fund’’ or ‘‘Funds’’). Any revenues received
from sales released under section 2001(k) of the fiscal year
1995 Supplemental Appropriations for Disaster Assistance
and Rescissions Act, minus the funds necessary to make
payments to States or local governments under other law
concerning the distribution of revenues derived from the af-
fected lands, which are in excess of $37,500,000 (hereinafter
‘‘excess revenues’’) shall be deposited into the Funds. The
distribution of excess revenues between the Agriculture
Fund and Interior Fund shall be calculated by multiplying
the total of excess revenues times a fraction with a denomi-
nator of the total revenues received from all sales released
under such section 2001(k) and numerators of the total reve-
nues received from such sales on lands within the National
Forest System and the total revenues received from such
1069
sales on lands administered by the Bureau of Land Man-
agement, respectively: Provided, That revenues or portions
thereof from sales released under such section 2001(k),
minus the amounts necessary for State and local govern-
ment payments and other necessary deposits, may be depos-
ited into the Funds immediately upon receipt thereof and
subsequently redistributed between the Funds or paid into
the United States Treasury as miscellaneous receipts as
may be required when the calculation of excess revenues is
made.
(b)(1) From the funds deposited into the Agriculture
Fund and into the Interior Fund pursuant to subsection
(a)—
(A) seventy-five percent shall be available, with-
out fiscal year limitation or further appropriation,
for preparation of timber sales, other than salvage
sales as defined in section 2001(a)(3) of the fiscal
year 1995 Supplemental Appropriations for Disaster
Assistance and Rescissions Act, which—
(i) are situated on lands within the Na-
tional Forest System and lands administered by
the Bureau of Land Management, respectively;
and
1070
(ii) are in addition to timber sales for
which funds are otherwise available in this Act
or other appropriations Acts; and
(B) twenty-five percent shall be available, with-
out fiscal year limitation or further appropriation, to
expend on the backlog of recreation projects on lands
within the National Forest System and lands admin-
istered by the Bureau of Land Management, respec-
tively.
(2) Expenditures under this subsection for preparation
of timber sales may include expenditures for Forest Service
activities within the forest land management budget line
item and associated timber roads, and Bureau of Land
Management activities within the Oregon and California
grant lands account and the forestry management area ac-
count, as determined by the Secretary concerned.
(c) Revenues received from any timber sale prepared
under subsection (b) or under this subsection, minus the
amounts necessary for State and local government pay-
ments and other necessary deposits, shall be deposited into
the Fund from which funds were expended on such sale.
Such deposited revenues shall be available for preparation
of additional timber sales and completion of additional
recreation projects in accordance with the requirements set
forth in subsection (b).
1071
(d) The Secretary concerned shall terminate all pay-
ments into the Agriculture Fund or the Interior Fund, and
pay any unobligated funds in the affected Fund into the
United States Treasury as miscellaneous receipts, whenever
the Secretary concerned makes a finding, published in the
Federal Register, that sales sufficient to achieve the total
allowable sales quantity of the National Forest System for
the Forest Service or the allowable sales level for the Oregon
and California grant lands for the Bureau of Land Man-
agement, respectively, have been prepared.
(e) Any timber sales prepared and recreation projects
completed under this section shall comply with all applica-
ble environmental and natural resource laws and regula-
tions.
(f) The Secretary concerned shall report annually to
the Committees on Appropriations of the United States
Senate and the House of Representatives on expenditures
made from the Fund for timber sales and recreation
projects, revenues received into the Fund from timber sales,
and timber sale preparation and recreation project work
undertaken during the previous year and projected for the
next year under the Fund. Such information shall be pro-
vided for each Forest Service region and Bureau of Land
Management State office.
1072
(g) The authority of this section shall terminate upon
the termination of both Funds in accordance with the provi-
sions of subsection (d).
SEC. 328. Of the funds provided to the National En-
dowment for the Arts:
(a) The Chairperson shall only award a grant to
an individual if such grant is awarded to such indi-
vidual for a literature fellowship, National Heritage
Fellowship, or American Jazz Masters Fellowship.
(b) The Chairperson shall establish procedures to
ensure that no funding provided through a grant, ex-
cept a grant made to a State or regional group, may
be used to make a grant to any other organization or
individual to conduct activity independent of the di-
rect grant recipient. Nothing in this subsection shall
prohibit payments made in exchange for goods and
services.
(c) No grant shall be used for seasonal support
to a group, unless the application is specific to the
contents of the season, including identified programs
and/or projects.
SEC. 329. DELAY IN IMPLEMENTATION OF THE ADMIN-
ISTRATION’S RANGELAND REFORM PROGRAM.—None of the
funds made available under this or any other Act may be
used to implement or enforce the final rule published by
1073
the Secretary of the Interior on February 22, 1995 (60 Fed.
Reg. 9894), making amendments to parts 4, 1780, and 4100
of title 43, Code of Federal Regulations, to take effect August
21, 1995, until November 21, 1995. None of the funds made
available under this or any other Act may be used to pub-
lish proposed or enforce final regulations governing the
management of livestock grazing on lands administered by
the Forest Service until November 21, 1995.
SEC. 330. Section 1864 of title 18, United States Code,
is amended—
(1) in subsection (b)—
(A) in paragraph (2), by striking ‘‘twenty’’
and inserting ‘‘40’’;
(B) in paragraph (3), by striking ‘‘ten’’ and
inserting ‘‘20’’;
(C) in paragraph (4), by striking ‘‘if dam-
age exceeding $10,000 to the property of any in-
dividual results,’’ and inserting ‘‘if damage to
the property of any individual results or if
avoidance costs have been incurred exceeding
$10,000, in the aggregate,’’; and
(D) in paragraph (4), by striking ‘‘ten’’
and inserting ‘‘20’’;
(2) in subsection (c) by striking ‘‘ten’’ and in-
serting ‘‘20’’;
1074
(3) in subsection (d), by—
(A) striking ‘‘and’’ at the end of paragraph
(2);
(B) striking the period at the end of para-
graph (3) and inserting ‘‘; and’’; and
(C) adding at the end the following:
‘‘(4) the term ‘avoidance costs’ means costs in-
curred by any individual for the purpose of—
‘‘(A) detecting a hazardous or injurious de-
vice; or
‘‘(B) preventing death, serious bodily in-
jury, bodily injury, or property damage likely to
result from the use of a hazardous or injurious
device in violation of subsection (a).’’; and
(4) by adding at the end thereof the following:
‘‘(e) Any person injured as the result of a violation
of subsection (a) may commence a civil action on his own
behalf against any person who is alleged to be in violation
of subsection (a). The district courts shall have jurisdiction,
without regard to the amount in controversy or the citizen-
ship of the parties, in such civil actions. The court may
award, in addition to monetary damages for any injury
resulting from an alleged violation of subsection (a), costs
of litigation, including reasonable attorney and expert wit-
ness fees, to any prevailing or substantially prevailing
1075
party, whenever the court determines such award is appro-
priate.’’.
SEC. 331. (a) PURPOSES OF NATIONAL ENDOWMENT
FOR THE ARTS.—Section 2 of the National Foundation on
the Arts and the Humanities Act of 1965, as amended (20
U.S.C. 951), sets out findings and purposes for which the
National Endowment for the Arts was established, among
which are—
(1) ‘‘The arts and humanities belong to all the
people of the United States’’;
(2) ‘‘The arts and humanities reflect the high
place accorded by the American people .
.
. to the
fostering of mutual respect for the diverse beliefs and
values of all persons and groups’’;
(3) ‘‘Public funding of the arts and humanities
is subject to the conditions that traditionally govern
the use of public money [and] such funding should
contribute to public support and confidence in the use
of taxpayer funds’’; and
(4) ‘‘Public funds provided by the Federal Gov-
ernment must ultimately serve public purposes the
Congress defines’’.
(b) ADDITIONAL CONGRESSIONAL FINDINGS.—Con-
gress further finds and declares that the use of scarce funds,
which have been taken from all taxpayers of the United
1478
porting the drug or device to a country for which the Sec-
retary cannot make a finding under paragraph (1)(A).
‘‘(E) If the Secretary receives credible evidence that an
importer is exporting a drug or device to a country for
which the Secretary cannot make a finding under para-
graph (1)(A), the Secretary shall notify the holder of the
application authorizing the export of such drug or device
of such evidence and shall require the holder to investigate
the export by such importer and to report to the Secretary
within 14 days of the receipt of such notice the findings
of the holder. If the Secretary determines that the importer
has exported a drug or device to such a country, the Sec-
retary shall prohibit such holder from exporting such drug
or device to the importer unless the Secretary determines
that the export by the importer was unintentional.
‘‘(f) A drug or device may not be exported under this
section if—
‘‘(1) the drug or device is not manufactured,
processed, packaged, and held in conformity with cur-
rent good manufacturing practice or is adulterated
under paragraph (1), (2)(A), or (3) of section 501(a)
or subsection (c) or (d) of section 501;
‘‘(2) the requirements of subparagraphs (A)
through (D) of section 801(e)(1) have not been met;