In the Senate of the United States,
September 18, 1997.
Resolved, That the bill from the House of Representa-
tives (H.R. 2107) entitled ‘‘An Act making appropriations for
the Department of the Interior and related agencies for the
fiscal year ending September 30, 1998, and for other pur-
poses’’, do pass with the following
AMENDMENTS:
Ω1æPage 2, line 17, strike out ø$581,591,000¿ and insert:
$578,851,000
Ω2æPage 3, line 4, strike out ø$27,300,000¿ and insert:
$27,650,000
Ω3æPage 3, line 9, strike out ø$581,591,000¿ and insert:
$578,851,000
Ω4æPage 3, line 23, strike out ø$280,103,000¿ and insert:
$282,728,000
HR 2107 EAS
Ω5æPage 3, line 24, strike out ø$5,025,000¿ and insert:
$6,950,000
Ω6æPage 4, line 13, strike out ø$12,000,000¿ and insert:
$14,900,000
Ω7æPage 5, line 3, strike out ø$3,254,000¿ and insert:
$3,154,000
Ω8æPage 5, line 8, strike out ø$113,500,000¿ and insert:
$124,000,000
Ω9æPage 5, line 17, strike out ø$12,000,000¿ and insert:
$8,600,000
Ω10æPage 6, after line 11, insert:
FOREST ECOSYSTEMS HEALTH AND RECOVERY
(REVOLVING FUND, SPECIAL ACCOUNT)
In addition to the purposes authorized in Public Law
102–381, funds made available in the Forest Ecosystem
Health and Recovery Fund can be used for the purpose of
planning, preparing, and monitoring salvage timber sales
and forest ecosystem health and recovery activities such as
release from competing vegetation and density control treat-
ments. The Federal share of receipts derived from treat-
ments funded by this account shall be deposited into the
Forest Ecosystem Health and Recovery Fund.
HR 2107 EAS
Public Law 103–138 is amended by inserting after ‘‘ac-
count’’ the following: ‘‘, including transfers to Federal trust-
ees and payments to non-Federal trustees,’’
Ω17æPage 11, line 12, strike out ø$53,000,000¿ and in-
sert: $57,292,000
Ω18æPage 11, line 23, strike out ø$10,000,000¿ and in-
sert: $10,779,000
Ω19æPage 12, line 6, strike out ø$10,500,000¿ and insert:
$13,000,000
Ω20æPage 14, line 20, strike out ø$2,500,000¿ and insert:
$1,593,000
Ω21æPage 14, line 25, strike out ø$1,232,325,000¿ and
insert: $1,250,429,000
Ω22æPage 15, line 13, strike out all after ‘‘for,’’ down to
and including ‘‘is’’ on line 16 and insert: $45,284,000
Ω23æPage 15, line 21, strike out ø$40,412,000¿ and in-
sert: $39,812,000
Ω24æPage 15, line 23, after ‘‘1999’’ insert: , of which
$3,200,000 pursuant to section 507 of Public Law 104–333
shall remain available until expended
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Ω25æPage 15, line 26, after ‘‘facilities’’ insert: , including
the modifications authorized by section 104 of the Ever-
glades National Park Protection and Expansion Act of
1989,
Ω26æPage 15, line 26, strike out ø$148,391,000¿ and in-
sert: $173,444,000
Ω27æPage 16, line 1, strike out all after ‘‘expended’’ down
to and including ‘‘470A’’ in line 4 and insert: : Provided,
That $500,000 for the Darwin Martin House in Buffalo,
New York and $500,000 for the Penn Center, South Caro-
lina, shall be derived from the Historic Preservation Fund
pursuant to 16 U.S.C. 470a: Provided further, That
$3,000,000 for the Hispanic Cultural Center, New Mexico,
is subject to authorization: Provided further, That
$5,000,000 for the Oklahoma City Bombing Memorial is
subject to authorization: Provided further, That none of the
funds provided in this Act may be used to relocate the
Brooks River Lodge in Katmai National Park and Preserve
from its current physical location
Ω28æPage 16, after line 4, insert:
(REPROGRAMMING)
Of unobligated amounts previously made available for
the Jefferson National Expansion Memorial, $838,000 shall
HR 2107 EAS
be made available for the U–505 National Historic Land-
mark.
Ω29æPage 16, line 15, strike out ø$129,000,000¿ and in-
sert: $126,690,000
Ω30æPage 16, line 17, strike out all after ‘‘expended’’
down to and including ‘‘program’’ in line 18
Ω31æPage 16, line 22, strike out all after ‘‘Congress’’
down to and including ‘‘Forest’’ in line 24 and insert: :
Provided further, That from the funds made available for
land acquisition at Everglades National Park and Big Cy-
press National Preserve, the Secretary may provide for Fed-
eral assistance to the State of Florida for the acquisition
of lands or waters, or interests therein, within the Ever-
glades watershed (consisting of lands and waters within the
boundaries of the South Florida Water Management Dis-
trict, Florida Bay and the Florida Keys) under terms and
conditions deemed necessary by the Secretary, to improve
and restore the hydrological function of the Everglades wa-
tershed: Provided further, That the Secretary may provide
such funds to the State of Florida for acquisitions within
Stormwater Treatment Area 1–E, including reimbursement
for lands or waters, or interests therein, within Stormwater
Treatment Area 1–E acquired by the State of Florida prior
to the enactment of this Act: Provided further, That funds
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provided under this head to the State of Florida shall be
subject to an agreement that such lands will be managed
in perpetuity for the restoration of the Everglades
Ω32æPage 18, line 24, strike out ø$755,795,000¿ and in-
sert: $758,160,000
Ω33æPage 19, line 5, after ‘‘industries’’ insert: ; and of
which $2,000,000 shall remain available until expended for
development of a mineral and geologic database
Ω34æPage 19, line 5, strike out ø$147,794,000¿ and in-
sert: $147,159,000
Ω35æPage 19, line 15, after ‘‘municipalities’’ insert: : Pro-
vided further, That hereafter the United States Geological
Survey may disperse to local entities Payment in Lieu of
Taxes impact funding appropriated to the Fish and Wild-
life Service pursuant to the Refuge Revenue Sharing Act
that is associated with Federal real property being trans-
ferred to the United States Geological Survey from the
United States Fish and Wildlife Service
Ω36æPage 21, line 4, strike out ø$139,621,000¿ and in-
sert: $135,722,000
Ω37æPage 21, line 5, strike out ø$70,874,000¿ and insert:
$66,175,000
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Ω38æPage 21, strike out all after line 6 down to and in-
cluding ‘‘Program,’’ in line 8
Ω39æPage 21, line 16, strike out ø$1,500,000¿ and insert:
$3,000,000
Ω40æPage 22, line 18, strike out ø$94,937,000¿ and in-
sert: $97,437,000
Ω41æPage 23, line 13, strike out ø$179,624,000¿ and in-
sert: $177,624,000
Ω42æPage 26, line 5, strike out ø$1,526,815,000¿ and in-
sert: $1,529,024,000
Ω43æPage 26, line 22, strike out ø$59,775,000¿ and in-
sert: $59,479,000
Ω44æPage 29, line 20, after ‘‘funds’’ insert: : Provided fur-
ther, That tribes may use tribal priority allocations funds
for the replacement and repair of school facilities which are
in compliance with 25 U.S.C. 2005(a), so long as such re-
placement or repair is approved by the Secretary and com-
pleted with non-Federal tribal and/or tribal priority alloca-
tions funds
Ω45æPage 30, line 2, strike out ø$110,751,000¿ and in-
sert: $125,051,000
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Ω46æPage 31, line 16, strike out ø$41,352,000¿ and in-
sert: $43,352,000
Ω47æPage 31, line 17, strike out ø$40,500,000¿ and in-
sert: $42,000,000
Ω48æPage 31, line 24, strike out ø$852,000¿ and insert:
$1,352,000
Ω49æPage 31, line 25, after ‘‘99–264’’ insert: , 100–383,
103–402,
Ω50æPage 33, line 16, strike out ø$68,214,000¿ and in-
sert: $67,214,000
Ω51æPage 33, line 16, strike out ø$64,365,000¿ and in-
sert: $63,365,000
Ω52æPage 35, line 25, strike out ø$20,445,000¿ and in-
sert: $20,545,000
Ω53æPage 36, line 17, strike out ø$24,439,000¿ and in-
sert: $24,500,000
Ω54æPage 36, strike out lines 20 through 22, and insert:
For necessary expenses of the National Indian Gaming
Commission, pursuant to Public Law 100–497, $1,000,000,
to remain available until expended.
HR 2107 EAS
change Commission and which only invest in obliga-
tions of the United States or securities that are guar-
anteed or insured by the United States, or
(b) deposited only into accounts that are insured
by an agency or instrumentality of the United States,
or are fully collateralized to ensure protection of the
Funds, even in the event of a bank failure.
Ω60æPage 44, strike out lines 1 through 20 and insert:
SEC. 113. (a) Employees of Helium Operations, Bu-
reau of Land Management, entitled to severance pay under
5 U.S.C. 5595, may apply for, and the Secretary of the
Interior may pay, the total amount of the severance pay
to the employee in a lump sum. Employees paid severance
pay in a lump sum and subsequently reemployed by the
Federal Government shall be subject to the repayment provi-
sions of 5 U.S.C. 5595(i) (2) and (3), except that any re-
payment shall be made to the Helium Fund.
(b) Helium Operations employees who elect to continue
health benefits after separation shall be liable for not more
than the required employee contribution under 5 U.S.C.
8905a(d)(1)(A). The Helium Fund shall pay for 18 months
the remaining portion of required contributions.
(c) The Secretary of the Interior may provide for
training to assist Helium Operations employees in the tran-
sition to other Federal or private sector jobs during the fa-
HR 2107 EAS
cility shut-down and disposition process and for up to 12
months following separation from Federal employment, in-
cluding retraining and relocation incentives on the same
terms and conditions as authorized for employees of the De-
partment of Defense in section 348 of the National Defense
Authorization Act for Fiscal Year 1995.
(d) For purposes of the annual leave restoration provi-
sions of 5 U.S.C. 6304(d)(1)(B), the cessation of helium pro-
duction and sales, and other related Helium Program ac-
tivities shall be deemed to create an exigency of public busi-
ness under, and annual leave that is lost during leave years
1997 through 2001 because of, 5 U.S.C. 6304 (regardless
of whether such leave was scheduled in advance) shall be
restored to the employee and shall be credited and available
in accordance with 5 U.S.C. 6304(d)(2). Annual leave so
restored and remaining unused upon the transfer of a He-
lium Program employee to a position of the executive
branch outside of the Helium Program shall be liquidated
by payment to the employee of a lump-sum from the He-
lium Fund for such leave.
(e) Benefits under this section shall be paid from the
Helium Fund in accordance with section 4(c)(4) of the He-
lium Privatization Act of 1996. Funds may be made avail-
able to Helium Program employees who are or will be sepa-
rated before October 1, 2002 because of the cessation of he-
HR 2107 EAS
lium production and sales and other related activities. Re-
training benefits, including retraining and relocation in-
centives, may be paid for retraining commencing on or be-
fore September 30, 2002.
Ω61æPage 44, strike out lines 21 through 25
Ω62æPage 44, after line 25, insert:
SEC. 115. (a) CONVEYANCE REQUIREMENT.—Within
90 days after the date of enactment of this Act, the Sec-
retary of the Interior shall convey to the State of West Vir-
ginia without reimbursement, all right, title, and interest
of the United States in and to the property described in
subsection (b), for sole use by the Wildlife Resources Section
of the West Virginia Division of Natural Resources, as part
of the State of West Virginia fish culture program.
(b) PROPERTY DESCRIBED.—The property referred to
in subsection (a) is the property known as the Bowden Na-
tional Fish Hatchery, located on old United States route
33, Randolph County, West Virginia, consisting of 44 acres
(more or less), and all improvements and related personal
property under the control of the Secretary that is located
on that property, including buildings, structures, equip-
ment, and all easements, leases, and water rights relating
to that property.
(c) USE AND REVERSIONARY INTEREST.—The prop-
erty conveyed to the State of West Virginia pursuant to this
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section shall be used and operated solely by the Wildlife Re-
sources Section of the West Virginia Division of Natural
Resources for the purposes of fishery resources management
and fisheries related activities, and if it is used for any
other purposes or by any other party other than the use
authorized under subsection (a), all right, title, and interest
in and to all property conveyed under this section shall re-
vert to the United States. The State of West Virginia shall
ensure that the property reverting to the United States is
in substantially the same or better condition as at the time
of transfer.
Ω63æPage 44, after line 25, insert:
SEC. 116. Section 115 of Public Law 103–332 is
amended by inserting after the word ‘‘title’’ the following:
‘‘or provided from other Federal agencies through reimburs-
able or other agreements pursuant to the Economy Act’’.
Ω64æPage 44, after line 25, insert:
SEC. 117. The third proviso under the heading ‘‘Com-
pact of Free Association’’ of Public Law 100–446 is amend-
ed by striking ‘‘$2,000,000’’ and inserting ‘‘$2,500,000’’
and by adding at the end of the proviso the following: ‘‘and
commencing on October 1, 1998 and every year thereafter,
this dollar amount shall be changed to reflect any fluctua-
tion occurring during the previous twelve (12) months in
HR 2107 EAS
the Consumer Price Index, as determined by the Secretary
of Labor’’.
Ω65æPage 44, after line 25, insert:
SEC. 118. Any funds made available in this Act or
any other Act for tribal priority allocations (hereinafter in
this section ‘‘TPA’’) in excess of the funds expended for TPA
in fiscal year 1997 (adjusted for fixed costs, internal trans-
fers pursuant to other law, and proposed increases to for-
mula driven programs not included in tribes’ TPA base)
shall only be available for distribution—
(1) to each tribe to the extent necessary to pro-
vide that tribe the minimum level of funding rec-
ommended by the Joint/Tribal/BIA/DOI Task Force
on Reorganization of the Bureau of Indian Affairs
Report of 1994 (hereafter ‘‘the 1994 Report’’) not to
exceed $160,000 per tribe; and
(2) to the extent funds remain, such funds will
be allocated according to the recommendations of a
task force comprised of 2 representatives from each
BIA area. These representatives shall be selected by
the Secretary with the participation of the tribes fol-
lowing procedures similar to those used in establish-
ing the Joint/Tribal/BIA/DOI Task Force on Reorga-
nization of the Bureau of Indian Affairs. In deter-
mining the allocation of remaining funds, the task
HR 2107 EAS
force shall consider the recommendations and prin-
ciples contained in the 1994 Report. If the task force
cannot agree on a distribution by January 31, 1998,
the Secretary shall distribute the remaining funds
based on the recommendations of a majority of Task
Force members no later than February 28, 1998.
Ω66æPage 44, after line 25, insert:
SEC. 119. Section 116 of the Omnibus Appropriations
Act for Fiscal Year 1997 (Public Law 104–208; 110 Stat.
3009–201) is amended—
(1) by striking ‘‘Miners Hospital Grant’’ each
place it appears and inserting in lieu thereof ‘‘Miners
Hospital Grants’’;
(2) by striking ‘‘(February 20, 1929, 45 Stat.
1252)’’ each place it appears and inserting in lieu
thereof ‘‘(July 16, 1894, 28 Stat. 110 and February
20, 1929, 45 Stat. 1252)’’; and
(3) by striking ‘‘(July 26, 1894, 28 Stat. 110)’’
each place it appears and inserting in lieu thereof
‘‘(July 16, 1894, 28 Stat. 110)’’.
Ω67æPage 44, after line 25, insert:
SEC. 120. KANTISHNA MINING CLAIMS.—Notwith-
standing any other provision of law, on October 1, 1998,
there is hereby vested in the United States all right, title,
and interest in and to, and the right of immediate posses-
HR 2107 EAS
sion of, all patented mining claims and valid unpatented
mining claims (including any unpatented claim whose va-
lidity is in dispute, so long as such validity is later estab-
lished in a settlement or judgement pursuant to this section)
in the Kantishna Mining District within Denali National
Park and Preserve whose owners consent in writing to this
action within said 120 day period: Provided, That in the
event a bankruptcy trustee is an owner in interest in a min-
ing claim in the Kantishna Mining District, that consent
will be deemed timely for purposes of this section if the
trustee applies within said 120 day period to the bank-
ruptcy court for authority to sell the mining claim and to
consent to the taking of such claim, and that in such event
title shall vest in the United States 10 days after entry of
an unstayed order or judgement approving the trustee’s ap-
plication: Provided further, That the United States shall
pay just compensation to the owners of any property taken
pursuant to this section, determined as of the date of taking:
Provided further, That payment shall be in the amount of
a negotiated settlement of the value of such property or the
valuation of such property awarded by judgment and shall
be made solely from the permanent judgment appropriation
established pursuant to section 1304 of title 31, United
States Code, and shall include accrued interest on the
amount of the agreed settlement value or the final judgment
HR 2107 EAS
from the date of taking to the date of payment, calculated
in accordance with section 258e–1 of title 40, United States
Code, except that interest shall not be allowed on such
amounts as shall have been paid into the court registry:
Provided further, That the United States or the property
owner may initiate proceedings at any time after said 120
day period seeking a determination of just compensation
in the District Court for the District of Alaska pursuant
to sections 1358 and 1403 of title 28, United States Code:
Provided further, That the United States shall deposit in
the registry of the court the estimated just compensation,
or at least seventy-five percent thereof, in accordance with
the procedures generally described in section 258a of title
40, United States Code not otherwise inconsistent with this
section: Provided further, That in establishing any estimate
(other than an estimate based on an agency-certified ap-
praisal made prior to the date of enactment of this Act)
the Secretary of the Interior shall permit the property
owner to present evidence of the value of the property, in-
cluding potential mineral value, and shall consider such
evidence and permit the property owner to have a reason-
able and sufficient opportunity to comment on such esti-
mate: Provided further, That the estimated just compensa-
tion or part thereof deposited in the court registry shall be
paid to the property owner upon request: Provided further,
HR 2107 EAS
That any payment from the court registry to the property
owner shall be deducted from any negotiated settlement or
award by judgement: Provided further, That the United
States may not request the court to withhold any payment
from the court registry or pursue any claim for environ-
mental remediation with respect to such property until 30
days after a negotiated settlement or award by judgement
with respect to such property has been reached and payment
has been made: Provided further, That the Secretary shall
not allow any unauthorized use of property acquired pursu-
ant to this section after the date of taking, and the Secretary
shall permit the orderly termination of all operation on the
lands and the removal of equipment, facilities, and personal
property.
Ω68æPage 44, after line 25, insert:
SEC. 121. Section 1034 of Public Law 104–333 (110
Stat. 4093, 4240) is amended by striking ‘‘at any time
within 12 months of enactment of this Act’’ and inserting
in lieu thereof ‘‘on or before October 1, 1998’’.
Ω69æPage 44, after line 25, insert:
SEC. 122. (a) KODIAK LAND VALUATION.—Notwith-
standing the Refuge Revenue Sharing Act (16 U.S.C. 715s)
or any regulations implementing such Act, the fair market
value for the initial computation of the payment to Kodiak
Island Borough pursuant to such Act shall be based on the
HR 2107 EAS
purchase price of the parcels acquired from Akhiok-
Kaguyak, Incorporated, Koniag, Incorporated, and the Old
Harbor Native Corporation for addition to the Kodiak Na-
tional Wildlife Refuge.
(b) The fair market value of the parcels described in
subsection (a) shall be reappraised under the normal sched-
ule for appraisals adopted by the Alaska Region of the Unit-
ed States Fish and Wildlife Service under the Refuge Reve-
nue Sharing Act (16 U.S.C. 715s). Any such reappraisals
shall be made in accordance with such Act and any other
applicable law or regulation.
(c) The fair market value computation required under
subsection (a) shall be effective as of the date of the acquisi-
tion of the parcels described in such subsection.
Ω70æPage 44, after line 25, insert:
SEC. 123. (a) ANDROSCOGGIN RIVER VALLEY HERIT-
AGE AREA ACT—SHORT TITLE.—This Act may be cited as
the ‘‘Androscoggin River Valley Heritage Area Act’’.
(b) PURPOSE.—The purpose of this Act is to establish
a locally oriented commission to assist the city of Berlin,
New Hampshire, in identifying and studying the
Androscoggin River Valley’s historical and cultural assets.
(c) ESTABLISHMENT OF COMMISSION.—There is estab-
lished the Androscoggin River Valley Heritage Commission
(referred to in this Act as the ‘‘Commission’’), which shall
HR 2107 EAS
consist of 10 members appointed not later than 3 months
after the date of enactment of this Act, as follows:
(1) 1 member appointed by the Governor of New
Hampshire, who shall serve as Chairperson.
(2) 1 member appointed by the Speaker of the
House of Representatives of the State of New Hamp-
shire.
(3) 1 member appointed by the President of the
Senate of the State of New Hampshire.
(4) 2 members appointed by the Secretary of the
Interior from among individuals recommended by
State and local cultural or historic preservation orga-
nizations.
(5) 1 member, appointed by the Secretary of the
Interior, who has experience in the area of historical
projects.
(6) 4 members appointed by the mayor of the
city of Berlin, New Hampshire.
(d) VOTING.—The Commission shall act and advise by
affirmative vote of a majority of its members.
(e) COMPENSATION.—
(1) IN GENERAL.—A member of the Commission
shall receive no pay on account of the member’s serv-
ice on the Commission.
HR 2107 EAS
(2) TRAVEL EXPENSES.—A member of the Com-
mission, while away from the member’s home or regu-
lar place of business in the performance of services for
the Commission, shall be allowed travel expenses, in-
cluding per diem in lieu of subsistence, in the same
manner as persons employed intermittently in Gov-
ernment service are allowed expenses under section
5703 of title 5, United States Code.
(f) EXEMPTION FROM CHARTER RENEWAL REQUIRE-
MENTS.—Section 14(b) of the Federal Advisory Committee
Act (5 U.S.C. App.) shall not apply to the Commission.
(g) TERMINATION.—The Commission shall terminate
on submission of a report under section 4(b).
(h) SUPPORT.—
(1) STAFF AND TECHNICAL SERVICES.—The Di-
rector of the National Park Service may provide such
staff support and technical services as are necessary
to carry out the functions of the Commission.
(2) COMPLETION OF STUDY.—The Secretary of
the Interior may provide the Commission such tech-
nical and other assistance as is necessary to complete
the study described in subsection (j).
(i) OPEN MEETINGS.—All meetings of the Commission
shall be open to the public.
(j) STUDY.—
HR 2107 EAS
(1) IN GENERAL.—Not later than 1 year after
the completion of appointment of the members of the
Commission, the Commission shall complete a com-
prehensive study of the Androscoggin River Valley’s
history and culture in New Hampshire, which shall—
(A) include a catalog of all available his-
torically and culturally significant sites, build-
ings, and areas in the region;
(B) examine the feasibility of any Federal
or State historic recognition in the region;
(C) include a set of options for the city of
Berlin, New Hampshire, to pursue with respect
to heritage-based development, including a list of
available Federal, State, and private programs
that would further any such efforts; and
(D) account for the impacts of any heritage-
based development on State, municipal, and pri-
vate property.
(2) REPORT.—The Commission shall provide
Congress, the Secretary of the Interior, and the State
of New Hampshire with a report based on the study
described in paragraph 1.
(k) NO REGULATORY AUTHORITY.—Nothing in this
Act provides the Commission with any regulatory author-
ity.
HR 2107 EAS
(l) AUTHORIZATION
OF APPROPRIATIONS.—For the
purpose of carrying out the functions of the Commission,
there is authorized to be appropriated $50,000.
Ω71æPage 44, after line 25, insert:
SEC. 124. (a) PRIORITY OF BONDS.—Section 3 of Pub-
lic Law 94–392 (90 Stat. 1193, 1195) is amended—
(1) by striking ‘‘priority for payment’’ and in-
serting ‘‘a parity lien with every other issue of bonds
or other obligations issued for payment’’; and
(2) by striking ‘‘in the order of the date of
issue’’.
(b) APPLICATION.—The amendments made by sub-
section (a) shall apply to obligations issued on or after the
date of enactment of this section.
(c) SHORT TERM BORROWING.—Section 1 of Public
Law 94–392 (90 Stat. 1193) is amended by adding the fol-
lowing new subsection at the end thereof:
‘‘(d) The legislature of the Government of the Virgin
Islands may cause to be issued notes in anticipation of the
collection of the taxes and revenues for the current fiscal
year. Such notes shall mature and be paid within one year
from the date they are issued. No extension of such notes
shall be valid and no additional notes shall be issued under
this section until all notes issued during a preceding year
shall have been paid.’’.
HR 2107 EAS
Ω72æPage 44, after line 25, insert:
SEC. 125. (a) In this section—
(1) the term ‘‘Huron Cemetery’’ means the lands
that form the cemetery that is popularly known as the
Huron Cemetery, located in Kansas City, Kansas, as
described in subsection (b)(3);
(2) the term ‘‘Secretary’’ means the Secretary of
the Interior.
(b)(1) The Secretary shall take such action as may be
necessary to ensure that the lands comprising the Huron
Cemetery (as described in paragraph (3)) are used only in
accordance with this subsection.
(2) The lands of the Huron Cemetery shall be used
only—
(A) for religious and cultural uses that are com-
patible with the use of the lands as a cemetery; and
(B) as a burial ground.
(3) The description of the lands of the Huron Cemetery
is as follows:
The tract of land in the NW 1⁄4 of sec. 10, T. 11
S., R. 25 E., of the sixth principal meridian, in Wy-
andotte County, Kansas (as surveyed and marked on
the ground on August 15, 1888, by William Millor,
Civil Engineer and Surveyor), described as follows:
HR 2107 EAS
‘‘Commencing on the Northwest corner of
the Northwest Quarter of the Northwest Quarter
of said Section 10;
‘‘Thence South 28 poles to the ‘true point of
beginning’;
‘‘Thence South 71 degrees East 10 poles and
18 links;
‘‘Thence South 18 degrees and 30 minutes
West 28 poles;
‘‘Thence West 11 and one-half poles;
‘‘Thence North 19 degrees 15 minutes East
31 poles and 15 feet to the ‘true point of begin-
ning’, containing 2 acres or more.’’.
Ω73æPage 44, after line 25, insert:
SEC. 126. ARKANSAS POST NATIONAL MEMORIAL. (a)
The boundaries of the Arkansas Post National Memorial are
revised to include the approximately 360 acres of land gen-
erally depicted on the map entitled ‘‘Arkansas Post Na-
tional Memorial, Osotouy Unit, Arkansas County, Arkan-
sas’’ and dated June 1993. Such map shall be on file and
available for public inspection in appropriate offices of the
National Park Service of the Department of the Interior.
(b) The Secretary of the Interior is authorized to ac-
quire the lands and interests therein described in subsection
(a) by donation, purchase with donated or appropriated
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funds, or exchange: Provided, That such lands or interests
therein may only be acquired with the consent of the owner
thereof.
Ω74æPage 44, after line 25, insert:
SEC. 127. Entry and permit limitations for Glacier
Bay National Park shall not apply to the Auk Nu Marine—
Glacier Bay Ferry entering Bartlett Cove for the sole pur-
pose of accessing park or other authorized visitor services
or facilities at, or originating from, the public dock area
at Bartlett Cove: Provided, That any such motor vessel en-
tering park waters for this stated and sole purpose shall
be subject to speed, distance from coast lines, and related
limitations imposed on all vessels operating in waters des-
ignated by the Superintendent, Glacier Bay, as having a
high probability of whale occupancy based on recent sight-
ing and/or past patterns of occurrence: Provided further,
That nothing in this Act shall be construed as constituting
approval for such vessels entering the waters of Glacier Bay
National Park beyond the immediate Bartlett Cove area as
defined by a line extending northeastward from Pt. Carolus
to the west to the southernmost point of Lester Island, ab-
sent required permits.
Ω75æPage 44, after line 25, insert:
SEC. 128. Title I of Public Law 96–514 (94 Stat.
2957) is amended under the heading ‘‘Exploration of Na-
HR 2107 EAS
tional Petroleum Reserve in Alaska’’ by striking ‘‘(8) each
lease shall be issued’’ through the end of the first paragraph
and inserting in lieu thereof the following: ‘‘(8) each lease
shall be issued for an initial period of ten years, and shall
be extended for so long thereafter as oil or gas is produced
from the lease in paying quantities, or as drilling or re-
working operations, as approved by the Secretary, are con-
ducted thereon; (9) for purposes of conservation of the natu-
ral resources of any oil or gas pool, field, or like area, or
any part thereof, lessees thereof and their representatives are
authorized to unite with each other, or jointly or separately
with others, in collectively adopting and operating under
a unit agreement for such pool, field, or like area, or any
part thereof (whether or not any other part of said oil or
gas pool, field, or like area is already subject to any cooper-
ative or unit plan of development or operation), whenever
determined by the Secretary to be necessary or advisable
in the public interest. Drilling, production, and well re-
working operations performed in accordance with a unit
agreement shall be deemed to be performed for the benefit
of all leases that are subject in whole or in part to such
unit agreement. When separate tracts cannot be independ-
ently developed and operated in conformity with an estab-
lished well spacing or development program, any lease, or
a portion thereof, may be pooled with other lands, whether
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or 
not 
owned 
by 
the 
United 
States, 
under 
a
communitization or drilling agreement providing for an
apportionment of production or royalties among the sepa-
rate tracts of land comprising the drilling or spacing unit
when determined by the Secretary of the Interior to be in
the public interest, and operations or production pursuant
to such an agreement shall be deemed to be operations or
production as to each such lease committed thereto; (10) to
encourage the greatest ultimate recovery of oil or gas or in
the interest of conservation the Secretary is authorized to
waive, suspend, or reduce the rental, or minimum royalty,
or reduce the royalty on an entire leasehold, including on
any lease operated pursuant to a unit agreement, whenever
in his judgment the leases cannot be successfully operated
under the terms provided therein. The Secretary is author-
ized to direct or assent to the suspension of operations and
production on any lease or unit. In the event the Secretary,
in the interest of conservation, shall direct or assent to the
suspension of operations and production on any lease or
unit, any payment of acreage rental or minimum royalty
prescribed by such lease or unit likewise shall be suspended
during the period of suspension of operations and produc-
tion, and the term of such lease shall be extended by adding
any such suspension period thereto; and (11) all receipts
from sales, rentals, bonuses, and royalties on leases issued
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pursuant to this section shall be paid into the Treasury of
the United States: Provided, That 50 percentum thereof
shall be paid by the Secretary of the Treasury semiannu-
ally, as soon thereafter as practicable after March 30 and
September 30 each year, to the State of Alaska for—(A)
planning, (B) construction, maintenance, and operation of
essential public facilities, and (C) other necessary provi-
sions of public service: Provuded further, That in the alloca-
tion of such funds, the State shall give priority to use by
subdivisions of the State most directly or severely impacted
by development of oil and gas leased under this Act.’’.
Ω76æPage 44, after line 25, insert:
SEC. 129. LIMITATIONS ON CERTAIN INDIAN GAMING
OPERATIONS. (a) DEFINITIONS.—For purposes of this sec-
tion, the following definitions shall apply:
(1) CLASS
III
GAMING.—The term ‘‘class III
gaming’’ has the meaning provided that term in sec-
tion 4(8) of the Indian Gaming Regulatory Act (25
U.S.C. 2703(8)).
(2) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has
the meaning provided that term in section 4(e) of the
Indian Self-Determination and Education Assistance
Act (25 U.S.C. 450(e)).
(3) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Department of the Interior.
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(4) TRIBAL-STATE COMPACT.—The term ‘‘Tribal-
State compact’’ means a Tribal-State compact re-
ferred to in section 11(d) of the Indian Gaming Regu-
latory Act (25 U.S.C. 2710(d)).
(b) CLASS III GAMING COMPACTS.—
(1) IN GENERAL.—
(A) 
PROHIBITION.—During 
fiscal 
year
1998, the Secretary may not expend any funds
made available under this Act to review or ap-
prove any initial Tribal-State compact for class
III gaming entered into on or after the date of
enactment of this Act. This provision shall not
apply to any Tribal-State compact which has
been approved by a State in accordance with
State law and the Indian Gaming Regulatory
Act.
(B) RULE OF CONSTRUCTION.—Nothing in
this paragraph may be construed to prohibit the
review or approval by the Secretary of a renewal
or revision of, or amendment to a Tribal-State
compact that is not covered under subparagraph
(A).
(2) TRIBAL-STATE
COMPACTS.—During fiscal
year 1998, notwithstanding any other provision of
law, no Tribal-State compact for class III gaming
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shall be considered to have been approved by the Sec-
retary by reason of the failure of the Secretary to ap-
prove or disapprove that compact. This provision
shall not apply to any Tribal-State compact which
has been approved by a State in accordance with
State law and the Indian Gaming Regulatory Act.
SEC. 130. SENSE OF THE SENATE CONCERNING IN-
DIAN GAMING. It is the sense of the Senate that the United
States Department of Justice should vigorously enforce the
provisions of the Indian Gaming Regulatory Act requiring
an approved tribal/State gaming compact prior to the initi-
ation of Class III gaming on Indian lands.
Ω77æPage 44, after line 25, insert:
SEC. 131. No funds provided in this or any other Act
may be expended to develop a rulemaking process relevant
to amending the National Indian Gaming Commission’s
definition regulations located at 25 CFR 502.7 and 502.8.
Ω78æPage 44, after line 25, insert:
SEC. 132. YOUTH ENVIRONMENTAL SERVICE PRO-
GRAM.—Not later than 180 days after the date of enactment
of this Act, the Secretary of Interior, in consultation with
the Attorney General, shall—
(1) submit to Congress a report identifying at
least 20 sites on Federal land that are potentially
suitable and promising for activities of the Youth En-
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vironmental Service program to be administered in
accordance with the Memorandum of Understanding
signed by the Secretary of the Interior and the Attor-
ney General in February 1994; and
(2) provide a copy of the report to the appro-
priate State and local law enforcement agencies in the
States and localities in which the 20 prospective sites
are located.
Ω79æPage 44, after line 25, insert:
SEC. 133. CONVEYANCE OF LAND TO LANDER COUNTY,
NEVADA. (a) CONVEYANCE.—Not later than the date that
is 120 days after the date of enactment of this Act, the Sec-
retary of the Interior, acting through the Director of the
Bureau of Land Management, shall convey to Lander Coun-
ty, Nevada, without consideration, all right, title, and inter-
est of the United States, subject to all valid existing rights
and to the rights of way described in subsection (b), in the
property described as T. 32 N., R. 45 E., sec. 18, lots 3,
4, 11, 12, 16, 17, 18, 19, 20 and 21, Mount Diablo Merid-
ian.
(b) RIGHTS-OF-WAY.—The property conveyed under
subsection (a) shall be subject to—
(1) the right-of-way for Interstate 80;
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(2) the 33-foot wide right-of-way for access to the
Indian cemetery included under Public Law 90–71
(81 Stat. 173); and
(3) the following rights-of-way granted by the
Secretary of the Interior:
NEV–010937 (powerline).
NEV–066891 (powerline).
NEV–35345 (powerline).
N–7636 (powerline).
N–56088 (powerline).
N–57541 (fiber optic cable).
N–55974 (powerline).
(c) REQUIREMENT.—The property described in this
section shall be used for public purposes and should the
property be sold or used for other than public purposes, the
property shall revert to the United States.
Ω80æPage 44, after line 25, insert:
SEC. 134. CONVEYANCE OF CERTAIN BUREAU OF LAND
MANAGEMENT LANDS
IN CLARK COUNTY, NEVADA. (a)
FINDINGS.—Congress finds that—
(1) certain landowners who own property adja-
cent to land managed by the Bureau of Land Man-
agement in the North Decatur Boulevard area of Las
Vegas, Nevada, bordering on North Las Vegas, have
been adversely affected by certain erroneous private
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land surveys that the landowners believed were accu-
rate;
(2) the landowners have occupied or improved
their property in good faith reliance on the erroneous
surveys of the properties;
(3) the landowners believed that their entitlement
to occupancy was finally adjudicated by a Judgment
and Decree entered by the Eighth Judicial District
Court of Nevada on October 26, 1989;
(4) errors in the private surveys were discovered
in connection with a dependent resurvey and section
subdivision conducted by the Bureau of Land Man-
agement in 1990, which established accurate bound-
aries between certain federally owned properties and
private properties; and
(5) the Secretary has authority to sell, and it is
appropriate that the Secretary should sell, at fair
market value, the properties described in section 2(b)
to the adversely affected landowners.
(b) CONVEYANCE OF PROPERTIES.—
(1) PURCHASE OFFERS.—
(A) IN GENERAL.—Not later than 1 year
after the date of enactment of this Act, the city
of Las Vegas, Nevada, on behalf of the owners of
real property located adjacent to the properties
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described in paragraph (2), may submit to the
Secretary of the Interior, acting through the Di-
rector of the Bureau of Land Management (re-
ferred to in this Act as the ‘‘Secretary’’), a writ-
ten offer to purchase the properties.
(B) INFORMATION TO ACCOMPANY OFFER.—
An offer under subparagraph (A) shall be accom-
panied by—
(i) a description of each property of-
fered to be purchased;
(ii) information relating to the claim
of ownership of the property based on an er-
roneous land survey; and
(iii) such other information as the Sec-
retary may require.
(2) DESCRIPTION OF PROPERTIES.—The prop-
erties described in this paragraph, containing 68.60
acres, more or less, are—
(A) Government lots 22, 23, 26, and 27 in
sec. 18, T. 19 S., R. 61 E., Mount Diablo Merid-
ian;
(B) Government lots 20, 21, and 24 in sec.
19. T. 19 S., R. 61 E., Mount Diablo Meridian;
and
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(C) Government lot 1 in sec. 24, T. 19 S.,
R. 60 E., Mount Diablo Meridian.
(3) CONVEYANCE.—
(A) IN GENERAL.—Subject to the condition
stated in subparagraph (B), the Secretary shall
convey to the city of Las Vegas, Nevada, all
right, title, and interest of the United States in
and to the properties offered to be purchased
under paragraph (1) on payment by the city of
the fair market value of the properties, based on
an appraisal of the fair market value as of De-
cember 1, 1982, approved by the Secretary.
(B) CONDITION.—Properties shall be con-
veyed under subparagraph (A) subject to the con-
dition that the city convey the properties to the
landowners who were adversely affected by reli-
ance on erroneous surveys as described in sub-
section (a).
Ω81æPage 44, after line 25, insert:
SEC. 135. DISPOSITION OF CERTAIN OIL LEASE REVE-
NUE. (a) DEPOSIT IN FUND.—One half of the amounts
awarded by the Supreme Court to the United States in the
case of United States of America v. State of Alaska (117
S. Ct. 1888) shall be deposited in a fund in the Treasury
of the United States to be known as the ‘‘national Parks
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and Environmental Improvement Fund’’ (referred to in
this section as the ‘‘Fund’’).
(b) INVESTMENTS.—
(1) IN GENERAL.—The Secretary of the Treasury
shall invest amounts in the Fund in interest bearing
obligations of the United States.
(2) ACQUISITION OF OBLIGATIONS.—For the pur-
pose of investments under paragraph (1), obligations
may be acquired—
(A) on original issue at the issue price; or
(B) by purchase of outstanding obligations
at the market price.
(3) SALE OF OBLIGATIONS.—Any obligation ac-
quired by the Fund may be sold by the Secretary of
the Treasury at the market price.
(4) CREDITS
TO
FUND.—The interest earned
from investments of the Fund shall be covered into
and form a part of the Fund.
(c) TRANSFER
AND
AVAILABILITY
OF
AMOUNTS
EARNED.—Each year, interest earned and covered into the
Fund in the previous fiscal year shall be available for ap-
propriation, to the extent provided in subsequent appro-
priation bills, as follows:
(1) 40 percent of such amounts shall be available
for National Park capital projects in the National
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Park System that comply with the criteria stated in
subsection (d); and
(2) 40 percent of such amounts shall be available
for the State-side matching grant under section 6 of
the Land and Water Conservation Fund Act of 1965
(16 U.S.C. 460l–8); and
(3) 20 percent of such amounts shall be made
available to the Secretary of Commerce for the pur-
pose of carrying out marine research activities in ac-
cordance with subsection (e).
(d) CAPITAL PROJECTS.—
(1) IN GENERAL.—Funds available under sub-
section (c)(2) may be used for the design, construc-
tion, repair or replacement of high priority National
Park Service facilities directly related to enhancing
the experience of park visitors, including natural, cul-
tural, recreational and historic resources protection
projects.
(2) LIMITATION.—A project referred to in para-
graph (1) shall be consistent with—
(A) the laws governing the National Park
System;
(B) any law governing the unit of the Na-
tional Park System in which the project is un-
dertaken; and
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(C) the general management plan for the
unit.
(3) NOTIFICATION OF CONGRESS.—The Secretary
shall submit with the annual budget submission to
Congress a list of high priority projects proposed to
be funded under paragraph (1) during the fiscal year
covered by such budget submission.
(e) MARINE RESEARCH ACTIVITIES.—(1) Funds avail-
able under subsection (c)(3) shall be used by the Secretary
of Commerce according to this subsection to provide grants
to Federal, State, private or foreign organizations or indi-
viduals to conduct research activities on or relating to the
fisheries or marine ecosystems in the north Pacific Ocean,
Bering Sea, and Arctic Ocean (including any lesser related
bodies of water).
(2) Research priorities and grant requests shall be re-
viewed and recommended for Secretarial approval by a
board to be known as the North Pacific Research Board (re-
ferred to in this subsection as the ‘‘Board’’). The Board shall
seek to avoid duplicating other research activities, and shall
place a priority on cooperative research efforts designed to
address pressing fishery management or marine ecosystem
information needs.
(3) The Board shall be comprised of the following rep-
resentatives or their designees—
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(A) the Secretary of Commerce, who shall be a
co-chair of the Board;
(B) the Secretary of State;
(C) the Secretary of the Interior;
(D) the Commandant of the Coast Guard;
(E) the Director of the Office of Naval Research;
(F) the Alaska Commissioner of Fish and Game,
who shall also be a co-chair of the Board;
(G) the Chairman of the North Pacific Fishery
Management Council;
(H) the Chairman of the Arctic Research Com-
mission;
(I) the Director of the Oil Spill Recovery Insti-
tute;
(J) the Director of the Alaska SeaLife Center;
(K) five members nominated by the Governor of
Alaska and appointed by the Secretary of Commerce,
one of whom shall represent fishing interests, one of
whom shall represent Alaska Natives, one of whom
shall represent environmental interests, one of whom
shall represent academia, and one of whom shall rep-
resent oil and gas interests;
(L) three members nominated by the Governor of
Washington and appointed by the Secretary of Com-
merce; and
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(M) one member nominated by the Governor of
Oregon and appointed by the Secretary of Commerce.
The members of the Board shall be individuals knowledge-
able by education, training, or experience regarding fish-
eries or marine ecosystems in the north Pacific Ocean, Ber-
ing Sea, or Arctic Ocean. Three nominations shall be sub-
mitted for each member to be appointed under subpara-
graphs (K), (L), and (M). Board members appointed under
subparagraphs (K), (L), and (M) shall serve for three year
terms, and may be reappointed.
(4)(A) The Secretary of Commerce shall review and
administer grants recommended by the Board. If the Sec-
retary does not approve a grant recommended by the board,
the Secretary shall explain in writing the reasons for not
approving such grant, and the amount recommended to be
used for such grant shall be available only for other grants
recommended by the Board.
(B) Grant recommendations and other decisions of the
Board shall be by majority vote, with each member having
one vote. The Board shall establish written criteria for the
submission of grant requests through a competitive process
and for deciding upon the award of grants. Grants shall
be recommended by the Board on the basis of merit in ac-
cordance with the priorities established by the Board. The
Secretary shall provide the Board such administrative and
HR 2107 EAS
technical support as is necessary for the effective function-
ing of the Board. The Board shall be considered an advisory
panel established under section 302(g) of the Magnuson-Ste-
vens Fishery Conservation and Management Act (16 U.S.C.
1801 et seq.) for the purposes of section 302(i)(1) of such
Act, and the other procedural matters applicable to advi-
sory panels under section 302(i) of such Act shall apply
to the Board to the extent practicable. Members of the Board
may be reimbursed for actual expenses incurred in perform-
ance of their duties for the Board. Not more than 5 percent
of the funds provided to the Secretary of Commerce under
paragraph (1) may be used to provide support for the Board
and administer grants under this subsection.
Ω82æPage 44, after line 25, insert:
SEC. 136. Notwithstanding any other provision of law,
in payment for facilities, equipment, and interests de-
stroyed by the Federal Government at the Stampede Mine
Site within the boundaries of Denali National Park—(1)
the Secretary of the Interior, within existing funds des-
ignated by this Act for expenditure for Departmental Man-
agement, shall by September 15, 1998—(A) provide funds,
subject to an appraisal in accordance with standard ap-
praisal methods, not to exceed $500,000 to the University
of Alaska Fairbanks, School of Mineral Engineering; and
(B) shall remove mining equipment at the Stampede Mine
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Site identified by the School of Mineral Engineering to a
site specified by the School of Mineral Engineering; and
(2) the Secretary of the Army shall provide, at no cost, two
six by six vehicles, in excellent operating condition, or
equivalent equipment to the University of Alaska Fair-
banks, School of Mineral Engineering and shall construct
a bridge across the Bull River to the Golden Zone Mine
Site to allow ingress and egress for the activities conducted
by the School of Mineral Engineering. Upon transfer of the
funds, mining equipment, and the completion of all work
designated by this section, the University of Alaska Fair-
banks, School of Mineral Engineering shall convey all re-
maining rights and interests in the Stampede Mine Site
to the Secretary of the Interior.
Ω83æPage 45, line 6, strike out ø$187,644,000¿ and in-
sert: $188,644,000
Ω84æPage 45, line 13, strike out ø$157,922,000¿ and in-
sert: $162,668,000
Ω85æPage 45, line 14, after ‘‘law’’ insert: : Provided, That
of funds available under this heading for Pacific Northwest
Assistance in this or prior appropriations Acts, $800,000
shall be provided to the World Forestry Center for purposes
of continuing scientific research and other authorized efforts
HR 2107 EAS
regarding the land exchange efforts in the Umpqua River
Basin region
Ω86æPage 45, line 14, after ‘‘law’’ insert: : Provided fur-
ther, That activities conducted pursuant to funds provided
herein for the Alaska Spruce Bark Beetle task force shall
be exempt from the requirements of the Federal Advisory
Committee Act
Ω87æPage 45, line 25, strike out ø$1,364,480,000¿ and
insert: $1,337,045,000
Ω88æPage 46, line 7, after ‘‘ed’’ insert: : Provided further,
That funds may be used to construct or reconstruct facilities
of the Forest Service: Provided further, That no more than
$250,000 shall be used on any single project, exclusive of
planning and design costs: Provided further, That the For-
est Service shall report annually to Congress the amount
obligated for each project, and the total dollars obligated
during the year
Ω89æPage 46, line 14, strike out ø$591,715,000¿ and in-
sert: $582,715,000
Ω90æPage 46, line 20, strike out all after ‘‘for,’’ down to
and including ‘‘$5,600,000)’’ in line 21 and insert:
$155,669,000
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Ω91æPage 46, line 26, after ‘‘205’’ insert: , of which
$800,000 shall be available for the design and engineering
of the Trappers Loop Connector Road in the Wasatch-Cache
National Forest.
Ω92æPage 46, line 26, strike out all after ‘‘205’’ over to
and including ‘‘purchasers’’ in line 3 on page 47
Ω93æPage 47, line 10, strike out ø$45,000,000¿ and in-
sert: $49,176,000
Ω94æPage 49, strike out lines 3 through 8
Ω95æPage 50, line 11, after ‘‘Agriculture’’ insert: other
than office relocations and closures in Alaska as specified
in the Committee report accompanying this bill,
Ω96æPage 54, line 3, strike out ø$2,000,000¿ and insert:
$2,500,000
Ω97æPage 54, line 9, strike out ø$500,000¿ and insert:
$1,000,000
Ω98æPage 58, after line 11, insert:
Funds appropriated by this Act for Region 10 of the
Forest Service to implement the Revised Tongass National
Forest Land Management Plan, shall be spent and obligated
at the Forest Supervisor and Ranger District levels. No
funds appropriated under this or any other Act for the pur-
HR 2107 EAS
pose of operations conducted at the Region 10 headquarters,
including funding of centralized field costs for funding of
persons employed at the Regional Office, shall be obligated
or expended in excess of $17,500,000 from the total funds
appropriated for Region 10.
Ω99æPage 59, line 8, strike out ø$313,153,000¿ and in-
sert: $363,969,000
Ω100æPage 59, line 25, strike out ø$115,000,000¿ and
insert: $107,000,000
Ω101æPage 60, line 16, strike out ø$644,766,000¿ and
insert: $629,357,000
Ω102æPage 60, line 21, strike out ø$153,845,000¿ and
insert: $160,100,000
Ω103æPage 61, line 2, strike out ø$123,845,000¿ and in-
sert: $129,000,000
Ω104æPage 61, line 3, strike out ø$30,000,000¿ and in-
sert: $31,100,000
Ω105æPage 61, strike out lines 9 through line 26 and in-
sert:
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STRATEGIC PETROLEUM RESERVE
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses for Strategic Petroleum Reserve
facility development and operations and program manage-
ment activities pursuant to the Energy Policy and Con-
servation Act of 1975, as amended (42 U.S.C. 6201 et seq.),
$207,500,000, to remain available until expended, of which
$207,500,000 shall be repaid from the ‘‘SPR Operating
Fund’’ from amounts made available from the sales under
this heading: Provided, That, consistent with Public law
104–106, proceeds in excess of $2,000,000,000 from the sale
of the Naval Petroleum Reserve Numbered 1 shall be depos-
ited into the ‘‘SPR Operating Fund’’, and are hereby ap-
propriated, to remain available until expended, for repay-
ments under this heading and for operations of, or acquisi-
tion, transportation, and injection of petroleum products
into, the Strategic Petroleum Reserve: Provided further,
That if the Secretary of Energy finds that the proceeds from
the sale of the Naval Petroleum Reserve Numbered 1 will
not be at least $2,207,500,000 in fiscal year 1998, the Sec-
retary, notwithstanding section 161 of the Energy Policy
and Conservation Act of 1975, shall draw down and sell
oil from the Strategic Petroleum Reserve in fiscal year
1998, and deposit the proceeds into the ‘‘SPR Operating
Fund’’, in amounts sufficient to make deposits into the fund
total $207,500,000 in that fiscal year: Provided further,
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That the amount of $2,000,000,000 in the first proviso and
the amount of $2,207,500,000 in the second proviso shall
be adjusted by the Director of the Office of Management and
Budget to amounts not to exceed $2,415,000,000 and
$2,622,500,000, respectively, only to the extent that an ad-
justment is necessary to avoid a sequestration, or any in-
crease in a sequestration due to this section, under the pro-
cedures prescribed in the Budget Enforcement Act of 1990,
as amended: Provided further, That the Secretary of En-
ergy, notwithstanding section 161 of the Energy Policy and
Conservation Act of 1975, shall draw down and sell oil from
the Strategic Petroleum Reserve in fiscal year 1998 suffi-
cient to deposit $15,000,000 into the General Fund of the
Treasury of the United States, and shall transfer such
amount to the General Fund: Provided further, That pro-
ceeds deposited into the ‘‘SPR Operating Fund’’ under this
heading shall, upon receipt, be transferred to the Strategic
Petroleum Reserve account for operations and activities of
the Strategic Petroleum Reserve and to satisfy the require-
ments specified under this heading.
Ω106æPage 62, line 10, strike out ø$66,800,000¿ and in-
sert: $62,800,000
Ω107æPage 65, line 1, strike out ø102–496¿ and insert:
102–486
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Ω108æPage 65, line 11, strike out ø$1,829,008,000¿ and
insert: $1,958,235,000
Ω109æPage 65, line 24, strike out ø$359,348,000¿ and
insert: $362,375,000
Ω110æPage 67, line 6 after ‘‘expended’’ insert: : Provided
further, That an amount not to exceed $200,000 shall be
available to fund the Office of Navajo Uranium Workers
for health screening and epidemiologic follow up of ura-
nium miners and mill workers, to be derived from funds
otherwise available for administrative and travel expenses
Ω111æPage 67, line 17, strike out all after ‘‘Act’’ down
to and including ‘‘$257,310,000’’ in line 21 and insert:
$168,501,000
Ω112æPage 70, line 9, strike out all after ‘‘Act’’ down to
and including ‘‘Service’’ in line 16 and insert: : Provided
further, That with respect to functions transferred by the
Indian Health Service to tribes or tribal organizations, the
Indian Health Service is authorized to provide goods and
services to those entities, on a reimbursable basis, including
payment in advance with subsequent adjustment, and the
reimbursements received therefrom, along with the funds re-
ceived from those entities pursuant to the Indian Self-Deter-
mination Act, may be credited to the same or subsequent
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appropriation account which provided the funding, said
amounts to remain available until expended
Ω113æPage 71, line 6, strike out ø$18,345,000¿ and in-
sert: $15,000,000
Ω114æPage 72, line 7, strike out ø$3,000,000¿ and insert:
$5,500,000
Ω115æPage 72, line 23, strike out ø$334,557,000¿ and
insert: $333,708,000
Ω116æPage 73, line 24, strike out ø$50,000,000¿ and in-
sert: $32,000,000
Ω117æPage 74, after line 3, insert:
CONSTRUCTION
For necessary expenses for construction, $33,000,000,
to remain available until expended: Provided, That not-
withstanding any other provision of law, a single procure-
ment for the construction of the National Museum of the
American Indian may be issued which includes the full
scope of the project: Provided further, That the solicitation
and the contract shall contain the clause ‘‘availability of
funds’’ found at 48 CFR 52.232.18.
Ω118æPage 75, line 10, strike out ø$6,442,000¿ and in-
sert: $5,942,000
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Ω119æPage 76, strike out lines 4 and 5 and insert:
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.
Ω120æPage 76, after line 7, insert:
NATIONAL ENDOWMENT FOR THE ARTS
Ω121æPage 76, after line 7, insert:
GRANTS AND ADMINISTRATION
For necessary expenses to carry out the National Foun-
dation on the Arts and the Humanities Act of 1965, as
amended, $83,300,000 shall be available to the National
Endowment for the Arts for the support of projects and pro-
ductions in the arts through assistance to organizations and
individuals pursuant to section 5(c) of the Act, and for ad-
ministering the functions of the Act, to remain available
until expended.
Ω122æPage 76, after line 7, insert:
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, $16,760,000, to remain available until
expended, to the National Endowment for the Arts: Pro-
vided, That this appropriation shall be available for obliga-
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tion 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), sub-
sections 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.
Ω123æPage 76, line 12, strike out ø$96,100,000¿ and in-
sert: $96,800,000
Ω124æPage 77, line 9, strike out ø$23,390,000¿ and in-
sert: $22,290,000
Ω125æPage 77, line 25, strike out ø$6,000,000¿ and in-
sert: $7,000,000
Ω126æPage 78, line 5, strike out ø$2,700,000¿ and insert:
$2,745,000
Ω127æPage 78, line 13, strike out ø$5,700,000¿ and in-
sert: $5,740,000
Ω128æPage 85, strike out lines 8 through 19
Ω129æPage 85, strike out all after line 19 over to and
including line 14 on page 86
Ω130æPage 86, strike out lines 15 through 19 and insert:
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SEC. 318. No part of any appropriation contained in
this Act shall be expended or obligated to fund the activities
of the western director and special assistant to the Secretary
within the Office of the Secretary of Agriculture unless the
proposed expenditure is approved in advance by the House
and Senate Committees on Appropriations in compliance
with the reprogramming procedures contained in the report
accompanying this bill.
Ω131æPage 86, line 21, after ‘‘1998’’ insert: and hereafter
Ω132æPage 87, strike out lines 4 through 18
Ω133æPage 87, line 23, after ‘‘Appropriations’’ insert: if
the estimated total cost of the facility exceeds $500,000
Ω134æPage 88, strike out lines 5 through 22
Ω135æPage 89, strike out lines 9 through 12 and insert:
SEC. 325. (a) Notwithstanding any other provision of
law, and except as provided in this section, the Aleutian/
Pribilof Islands Association, Inc., Bristol Bay Area Health
Corporation, Chugachmiut, Copper River Native Associa-
tion, Kodiak Area Native Area Association, Maniilaq Asso-
ciation, Metlakatla Indian Community, Arctic Slope Native
Association, Ltd., Norton Sound Health Corporation,
Southcentral Foundation, Southeast Alaska Regional
Health Consortium, Tanana Chiefs Conference, Inc., and
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Yukon-Kuskokwim Health Corporation (hereinafter ‘‘re-
gional health entities’’), without further resolutions from the
Regional Corporations, Village Corporations, Indian Reor-
ganization Act Councils, tribes and/or villages which they
represent are authorized to form a consortium (hereinafter
‘‘the Consortium’’) to enter into contracts, compacts, or
funding agreements under Public Law 93–638 (25 U.S.C.
450 et seq.), as amended, to provide all statewide health
services provided by the Indian Health Service of the U.S.
Department of Health and Human Services through the
Alaska Native Medical Center and the Alaska Area Office.
Each specified ‘‘regional health entity’’ shall maintain that
status for purposes of participating in the Consortium only
so long as it operates a regional health program for the In-
dian Health Service under Public Law 93–638 (25 U.S.C.
450 et seq.), as amended.
(b) The Consortium shall be governed by a 15 member
Board of Directors, which shall be composed of one rep-
resentative of each regional health entity listed in subsection
(a) above, and two additional persons who shall represent
Indian tribes, as defined in 25 U.S.C. 450b(e), and sub-
regional tribal organizations which operate health pro-
grams not affiliated with the regional health entities listed
above and Indian tribes not receiving health services from
any tribal, regional or sub-regional health provider. Each
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member of the Board of Directors shall be entitled to cast
one vote. Decisions of the Board of Directors shall be made
by consensus whenever possible, and by majority vote in
the event that no consensus can be reached. The Board of
Directors shall establish at its first meeting its rules of pro-
cedure, which shall be published and made available to all
members.
(c) The statewide health services (including any pro-
grams, functions, services and activities provided as part
of such services) of the Alaska Native Medical Center and
the Alaska Area Office may only be provided by the Consor-
tium. Statewide health services for purposes of this section
shall consist of all programs, functions, services, and activi-
ties provided by or through the Alaska Native Medical Cen-
ter and the Alaska Area Office, not under contract or other
funding agreement with any other tribe or tribal organiza-
tion as of October 1, 1997, except as provided in subsection
(d) below. All statewide health services provided by the Con-
sortium under this section shall be provided pursuant to
contracts or funding agreements entered into by the Consor-
tium under Public Law 93–638 (25 U.S.C. 450 et seq.),
as amended, and for such purpose the Consortium shall be
deemed to have mature contract status as defined in section
4(h) of the Indian Self-Determination and Education As-
sistance Act, 25 U.S.C. 450b(h).
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(d) Cook Inlet Region, Inc., through Southcentral
Foundation (or any successor health care entity designated
by Cook Inlet Region, Inc.) pursuant to Public Law 93–
638 (25 U.S.C. 450 et seq.), as amended, is hereby author-
ized to enter into contracts or funding agreements under
such Public Law for all services, provided at or through
the Alaska Native Primary Care Center or other satellite
clinics in Anchorage or the Matanuska-Susitna Valley with-
out submission of any further authorizing resolutions from
any other Alaska Native Region, village corporation, In-
dian Reorganization Act council, or tribe, no matter where
located. Services provided under this paragraph shall, at
a minimum, maintain the level of statewide and Anchorage
Service Unit services provided at the Alaska Native Pri-
mary Care Center as of October 1, 1997, including nec-
essary related services performed at the Alaska Native Medi-
cal Center. In addition, Cook Inlet Region, Inc., through
Southcentral Foundation, or any lawfully designated health
care entity of Cook Inlet Region, Inc., shall contract or enter
into a funding agreement under Public Law 93–638 (25
U.S.C. 450 et seq.), as amended, for all primary care serv-
ices provided by the Alaska Native Medical Center, includ-
ing, but not limited to, family medicine, primary care in-
ternal medicine, pediatrics, obstetrics and gynecology, phys-
ical therapy, psychiatry, emergency services, public health
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nursing, health education, optometry, dentistry, audiology,
social services, pharmacy, radiology, laboratory and bio-
medical, and the administrative support for these programs,
functions, services and activities. Cook Inlet Region, Inc.,
through Southcentral Foundation, or any lawfully des-
ignated health care entity of Cook Inlet Region, Inc., may
provide additional health care services at the Alaska Native
Medical Center if such use and services are provided pursu-
ant to an agreement with the Consortium. All services cov-
ered by this subsection shall be provided on a nondiscrim-
inatory basis without regard to residency within the Mu-
nicipality of Anchorage.
Ω136æPage 89, after line 12 insert:
SEC. 326. (a) Notwithstanding any other provision of
law, after September 30, 1997 the Indian Health Service
may not disburse funds for the provision of health care serv-
ices pursuant to Public Law 93–638 (25 U.S.C. 450 et seq.),
with any Alaska Native village or Alaska Native village cor-
poration that is located within the area served by an Alaska
Native regional health entity.
(b) Nothing in this section shall be construed to pro-
hibit the disbursal of funds to any Alaska Native village
or Alaska Native village corporation under any contract or
compact entered into prior to May 1, 1997, or to prohibit
the renewal of any such agreement.
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(c) The General Accounting Office shall conduct a
study of the impact of contracting and compacting by the
Indian Health Service under Public Law 93–638 with Alas-
ka Native villages and Alaska Native village corporations
for the provision of health care services on the provision
of health care services by Alaska Native regional corpora-
tion health care entities. The General Accounting Office
shall submit the results of that study to the Committee on
Appropriations of the Senate and the Committee on Appro-
priations of the House by June 1, 1998.
Ω137æPage 89, strike out lines 13 through 18.
Ω138æPage 89, strike out lines 19 through 23.
Ω139æPage 90, after line 5, insert:
SEC. 329. 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 local arts agency, or
regional group, may be used to make a grant to any
other organization or individual to conduct activity
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independent of the direct grant recipient. Nothing in
this subsection shall prohibit payments made in ex-
change 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.
Ω140æPage 90, after line 5, insert:
SEC. 330. The National Endowment for the Arts and
the National Endowment for the Humanities are authorized
to solicit, accept, receive, and invest in the name of the
United States, gifts, bequests, or devises of money and other
property or services and to use such in furtherance of the
functions of the National Endowment for the Arts and the
National Endowment for the Humanities. Any proceeds
from such gifts, bequests, or devises, after acceptance by the
National Endowment for the Arts or the National Endow-
ment for the Humanities, shall be paid by the donor or the
representative of the donor to the Chairman. The Chairman
shall enter the proceeds in a special interest-bearing account
to the credit of the appropriate Endowment for the purposes
specified in each case.
Ω141æPage 90, after line 5, insert:
SEC. 331. In fiscal years 1998 through 2002, the Sec-
retaries of the Interior and Agriculture may make recip-
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rocal delegations of their respective authorities, duties and
responsibilities in support of joint pilot programs to pro-
mote customer service and efficiency in the management of
public lands and national forests: Provided, That nothing
herein shall alter, expand or limit the existing applicability
of any public law or regulation to lands administered by
the Bureau of Land Management or the United States For-
est Service.
Ω142æPage 90, after line 5, insert:
SEC. 332. No part of any appropriation contained in
this Act shall be expended or obligated to fund any activities
associated with revision of national forest land manage-
ment plans until the administration publishes new final
rules in the Federal Register for forest land management
planning activities.
Ω143æPage 90, after line 5, insert:
SEC. 333. No part of any appropriation contained in
this Act shall be expended or obligated to fund any activities
associated with issuance of the five year program under the
Forest and Rangeland Renewable Resources Planning Act.
Ω144æPage 90, after line 5, insert:
SEC. 334. (a) WATERSHED RESTORATION AND EN-
HANCEMENT AGREEMENTS—IN GENERAL.—For fiscal year
1998 and each year thereafter, appropriations for the Forest
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Service may be used by the Secretary of Agriculture for the
purpose of entering into cooperative agreements with will-
ing state and local governments, private and non-profit en-
tities and landowners for protection, restoration and en-
hancement of fish and wildlife habitat, and other resources
on public or private land or both that benefit these resources
within the watershed.
(b) DIRECT
AND
INDIRECT
WATERSHED
AGREE-
MENTS.—The Secretary of Agriculture may enter into a wa-
tershed restoration and enhancement agreement—
(1) directly with a willing private landowner; or
(2) indirectly through an agreement with a state,
local or tribal government or other public entity, edu-
cational institution, or private non-profit organiza-
tion.
(c) TERMS AND CONDITIONS.—In order for the Sec-
retary to enter into a watershed restoration and enhance-
ment agreement—
(1) the agreement shall—
(A) include such terms and conditions mu-
tually agreed to by the Secretary and the land-
owner;
(B) improve the viability of and otherwise
benefit the fish, wildlife, and other resources on
national forests lands within the watershed;
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(C) authorize the provision of technical as-
sistance by the Secretary in the planning of
management activities that will further the pur-
poses of the agreement;
(D) provide for the sharing of costs of im-
plementing the agreement among the Federal
government, the landowner(s), and other entities,
as mutually agreed on by the affected interests;
and
(E) ensure that any expenditure by the Sec-
retary pursuant to the agreement is determined
by the Secretary to be in the public interest; and
(2) the Secretary may require such other terms
and conditions as are necessary to protect the public
investment on non-federal lands, provided such terms
and conditions are mutually agreed to by the Sec-
retary and other land owners, state and local govern-
ments or both.
Ω145æPage 90, after line 5, insert:
SEC. 335. The joint resolution entitled ‘‘Joint Resolu-
tion to establish a commission to formulate plans for a me-
morial to Franklin Delano Roosevelt’’, approved August 11,
1955 (69 Stat. 694), is amended—
(a) in the first section by inserting before the last
sentence the following: ‘‘The Commission shall submit
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a final report to the President and Congress prior to
termination.’’;
(b) by redesignating section 4 as section 5; and
(c) by inserting after section 3 the following:
‘‘TERMINATION OF THE COMMISSION
‘‘SEC. 4. (a) IN GENERAL.—The Commission shall ter-
minate on the earlier of—
‘‘(1) December 31, 1997; or
‘‘(2) the date that the Commission reports to the
President and the Congress that the Commission’s
work is complete.
‘‘(b) COMMISSION FUNDS.—
‘‘(1) DESIGNATION.—Before the termination of
the Commission, the Commission shall designate a
nonprofit organization to collect, manage, and expend
Commission funds after its termination.
‘‘(2) TRANSFER OF FUNDS.—Before termination
the Commission shall transfer all Commission funds
to the entity designated under paragraph (1).
‘‘(3) 
AMOUNTS
COLLECTED
AFTER
TERMI-
NATION.—The entity designated under paragraph (1)
shall have the right to collect any amounts accruing
to the Commission after the Commission’s termi-
nation, including amounts—
‘‘(A) given to the Commission as a gift or
bequest; or
HR 2107 EAS
‘‘(B) raised from the sale of coins issued
under the United States Commemorative Coin
Act of 1996 (110 Stat. 4005; 31 U.S.C. 5112
note).
‘‘(4) USES OF FUNDS.—The Commission may
specify uses for any funds made available under this
section to the entity designated under paragraph (1),
including—
‘‘(A) to provide for the support, mainte-
nance, and repair of the Memorial; and
‘‘(B) to interpret and educate the public
about the Memorial.
‘‘(5) NEGOTIATION AND CONTRACT.—The Com-
mission may negotiate and contract with a nonprofit
organization before designating the organization
under paragraph (1).’’.
Ω146æPage 90, after line 5, insert:
SEC. 336. To facilitate priority land exchanges
through which the United States will receive land within
the White Salmon Wild and Scenic River boundaries and
within the Columbia River Gorge National Scenic Area, the
Secretary of Agriculture may hereafter accept title to such
lands deemed appropriate by the Secretary within the
States of Oregon and Washington, regardless of the State
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in which the transferred lands are located, following exist-
ing exchange authorities.
Ω147æPage 90, after line 5, insert:
SEC. 337. The boundary of the Wenatchee National
Forest in Chelan County, Washington, is hereby adjusted
to exclude section 1 of Township 23 North, Range 19 East,
Willamette Meridian.
Ω148æPage 90, after line 5, insert:
SEC. 338. None of the funds provided in this Act can
be used for any activities associated with the Center of Ex-
cellence for Sustainable Development unless a budget re-
quest has been submitted and approved by the Committees
on Appropriations of the House of Representatives and the
United States Senate.
Ω149æPage 90, after line 5, insert:
SEC. 339. (a) No funds provided in this or any other
act may be expended to develop a rulemaking proposal to
amend or replace the Bureau of Land Management regula-
tions found at 43 C.F.R. 3809 or to prepare a draft envi-
ronmental impact statement on such proposal, until the
Secretary of the Interior certifies to the Committees on En-
ergy and Natural Resources and Appropriations of the
United States Senate and the Committees on Resources and
Appropriations of the United States House of Representa-
HR 2107 EAS
tives that the Department of the Interior has consulted with
the Governor, or his/her representative, from each State that
contains public lands open to location under the General
Mining Laws.
(b) The Secretary shall not publish proposed regula-
tions to amend or replace the Bureau of Land Management
regulations found at 43 C.F.R. 3809 prior to November 15,
1998, and shall not finalize such regulations prior to 90
days after such publication.
Ω150æPage 90, after line 5, insert:
SEC. 340. (a) The Secretary of Agriculture shall con-
vey to Skamania County, Washington, all right, title, and
interest of the United States in and to a parcel of unused
real property known as the Wind River Nursery site, Gif-
ford Pinchot National Forest, Washington. (See U.S. De-
partment of Interior Geological Survey modified for USDA
Forest Service map, Stabler Quadrangle, Washington,
Skamania County, 7.5 minutes series, topographic, Provi-
sional Edition 1983). The conveyance under this subsection
shall include all improvements to the parcel, including all
infrastructure, water rights, easements, and personal prop-
erty.
(b) As consideration for the conveyance under sub-
section (b), Skamania County shall convey to the United
States all right, title, and interest of the county in a parcel
HR 2107 EAS
of approximately 120 acres of high biodiversity, special
management area land located within the Columbia River
Gorge National Scenic Area.
(c) The exact acreage and legal description of the real
property to be exchanged by Skamania County under this
section shall be determined by a survey. The cost of any
such survey shall be borne by Skamania County.
(d) The conveyances made pursuant to this section
shall be subject to existing valid rights.
(e) Section 120(h) of the Comprehensive Environ-
mental Response, Compensation, Liability Act of 1980 (42
U.S.C. 9620(h)) shall apply to the conveyance required
under subsection (b).
(f) The Secretary may require such additional terms
and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to
protect the interests of the United States consistent with ex-
isting law.
Ω151æPage 90, after line 5, insert:
SEC. 341. (a) LOCAL EXEMPTIONS FROM FOREST
SERVICE USER FEES DUE TO LESS THAN FULL FUNDING
OF PAYMENTS IN LIEU OF TAXES.—Section 6906 of title
31, United States Code, is amended—
(1) by inserting ‘‘(a) IN GENERAL.—’’ before
‘‘Necessary’’; and
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(2) by adding at the end the following:
‘‘(b) LOCAL EXEMPTIONS FROM USER FEES DUE TO
INSUFFICIENT APPROPRIATIONS.—
‘‘(1) IN GENERAL.—Unless sufficient funds are
appropriated for a fiscal year to provide full pay-
ments under this chapter to each unit of general local
government that lies in whole or in part within the
White Mountain National Forest and is eligible for
the payments, persons residing within the boundaries
of that unit of general local government shall be ex-
empt during that fiscal year from any requirement to
pay a Demonstration Program Fee (parking permit
or passport) imposed by the Secretary of Agriculture
for access to the Forest.
‘‘(2) ADMINISTRATION.—The Secretary of Agri-
culture shall establish a method of identifying persons
who are exempt from requirements to pay user fees
under paragraph (1).’’.
Ω152æPage 90, after line 5, insert:
SEC. 342. None of the funds in this or any other Act
shall be expended by the Department of the Interior, the
Forest Service or any other Federal agency, for the intro-
duction of the grizzly bear population in the Selway-
Bitteroot area of Idaho and adjacent Montana, or for con-
sultations under section 7(b)(2) of the Endangered Species
HR 2107 EAS
Act for Federal actions affecting grizzly bear within the
Selway-Bitteroot area of Idaho, except that, funds may be
used by the Department of the Interior or the Forest Service,
or any other Federal agency for the purposes of receiving
public comment on the draft Environmental Impact State-
ment dated July 1997, and for conducting a habitat-based
population viability analysis.
Ω153æPage 90, after line 5, insert:
SEC. 343. The Secretary of Agriculture shall hereafter
phase in, over a 5 year period, the fee increase for a recre-
ation residence special use permit holder whose fee increase
is more than 100 percent of the previous year’s fee: Pro-
vided, That no recreation residence fee may be increased
any sooner than one year from the time the permittee has
been notified by the Forest Service of the results of an ap-
praisal which has been conducted for the purpose of estab-
lishing such fees: Provided further, That no increases in
recreation residence fees on the Sawtooth National Forest
will be implemented prior to January 1, 1999.
Ω154æPage 90, after line 5, insert:
SEC. 344. It is the sense of the Senate that—
(1) preserving Civil War battlefields should be
an integral part of preserving our Nation’s history;
and
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(2) Congress should give special priority to the
preservation of Civil War battlefields by making
funds available for the purchase of threatened and en-
dangered Civil War battlefield sites.
Ω155æPage 90, after line 5, insert:
SEC. 345. It is the sense of the Senate that, inasmuch
as there is disagreement as to what extent, if any, Federal
funding for the arts is appropriate, and what modifications
to the mechanism for such funding may be necessary; and
further, inasmuch as there is a role for the private sector
to supplement the Federal, State, and local partnership in
support of the arts, hearings should be conducted and legis-
lation addressing these issues should be brought before the
full Senate for debate and passage during this Congress.
Ω156æPage 90, after line 5, insert:
SEC. 346. (a) In providing services or awarding finan-
cial assistance under the National Foundation on the Arts
and the Humanities Act of 1965 from funds appropriated
under this Act, the Chairperson of the National Endowment
for the Arts shall ensure that priority is given to providing
services or awarding financial assistance for projects, pro-
ductions, workshops, or programs that serve underserved
populations.
(b) In this section:
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(1) The term ‘‘underserved population’’ means a
population of individuals who have historically been
outside the purview of arts and humanities programs
due to factors such as a high incidence of income
below the poverty line or to geographic isolation.
(2) The term ‘‘poverty line’’ means the poverty
line (as defined by the Office of Management and
Budget, and revised annually in accordance with sec-
tion 673(2) of the Community Services Block Grant
Act (42 U.S.C. 9902(2))) applicable to a family of the
size involved.
Ω157æPage 90, after line 5, insert:
SEC. 347. Within 90 days of enactment of this legisla-
tion, the Forest Service shall complete its export policy and
procedures on the use of Alaskan Western Red Cedar. In
completing this policy, the Forest Service shall evaluate the
costs and benefits of a pricing policy that offers any Alas-
kan Western Red Cedar in excess of domestic processing
needs in Alaska first to United States domestic processors.
Ω158æPage 90, after line 5, insert:
SEC. 348. Of the funds appropriated and designated
an emergency requirement in title II, chapter 5 of Public
Law 104–134, under the heading ‘‘Forest Service, Construc-
tion’’, $4,000,000 shall be available for the reconstruction
of the Oakridge Ranger Station, on the Willamette National
HR 2107 EAS
Forest in Oregon: Provided, That the amount shall be avail-
able only to the extent an official request, that includes des-
ignation of the amount as an emergency requirement as de-
fined by the Balanced Budget and Emergency Control Act
of 1985, as amended, is transmitted by the President to
Congress: Provided further, That reconstruction of the facil-
ity is designated by the Congress as an emergency require-
ment pursuant to section 251(b)(2)(D)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as
amended.
Ω159æPage 90, after line 5, insert:
SEC. 349. IMPLEMENTATION OF NEW GUIDELINES ON
NATIONAL FORESTS IN ARIZONA AND NEW MEXICO. (a)
Notwithstanding any other provision of law, none of the
funds made available under this or any other Act may be
used for the purposes of executing any adjustments to an-
nual operating plans, allotment management plans, or
terms and conditions of existing grazing permits on Na-
tional Forests in Arizona and New Mexico, which are or
may be deemed necessary to achieve compliance with 1996
amendments to the applicable forest plans, until March 1,
1998, or such time as the Forest Service publishes a schedule
for implementing proposed changes, whichever occurs first.
(b) Nothing in this section shall be interpreted to pre-
clude the expenditure of funds for the development of annual
HR 2107 EAS
operating plans, allotment management plans, or in devel-
oping modifications to grazing permits in cooperation with
the permittee.
(c) Nothing in this section shall be interpreted to
change authority or preclude the expenditure of funds pur-
suant to section 504 of the 1995 Rescissions Act (Public
Law 104–19).
Ω160æPage 90, after line 5, insert:
SEC. 350. PAYMENTS FOR ENTITLEMENT LAND. Sec-
tion 6901(2)(A)(i) of title 31, United States Code, is
amended by inserting ‘‘(other than in Alaska)’’ after ‘‘city’’
the first place such term appears.
Ω161æPage 90, after line 5, insert:
SEC. 351. Delete section 103(c)(7) of Public Law 104–
333 and replace with the following:
‘‘(7) STAFF.—Notwithstanding any other provi-
sions of law, the Trust is authorized to appoint and
fix the compensation and duties and terminate the
services of an executive director and such other offi-
cers and employees as it deems necessary without re-
gard to the provisions of title 5, United States Code,
or other laws related to the appointment, compensa-
tion or termination of Federal employees.’’.
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Ω162æPage 90, strike out all after line 5 over to and in-
cluding line 25 on page 95
Ω163æPage 95, after line 25, insert:
TITLE V—PRIORITY LAND ACQUISITIONS AND
EXCHANGES
For priority land acquisitions and land exchange
agreements to be conducted by the Bureau of Land Manage-
ment, the U.S. Fish and Wildlife Service, the National Park
Service and the U.S. Forest Service, $700,000,000, to be de-
rived from the Land and Water Conservation Fund, to re-
main available until September 30, 2001, of which not to
exceed $65,000,000 may be available for the acquisition of
identified lands and interests in lands to carry out the
Agreement of August 12, 1996, to acquire interests to pro-
tect and preserve Yellowstone National Park, of which not
to exceed $250,000,000 may be available for the acquisition
of identified lands and interest in lands, at the purchase
price specified, in the September 28, 1996, Headwaters For-
est Agreement, and of which $100,000,000 shall be available
for financial assistance to States pursuant to section 6 of
the Land and Water Conservation Fund Act of 1965, as
amended (16 U.S.C. 460l–4–11): Provided, That the Sec-
retary of the Interior and the Secretary of Agriculture, after
consultation with the heads of the National Park Service,
the United States Fish and Wildlife Service, the Bureau
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propriations approve, in writing, a project list to be sub-
mitted by the Secretary: Provided further, That none of the
funds appropriated under this heading shall be available
for the acquisition of lands and interests in lands to carry
out the Agreement of August 12, 1996, to acquire interests
to protect and preserve Yellowstone National Park, or for
the acquisition of lands and interest in lands identified in
the September 28, 1996, Headwaters Forest Agreement until
enactment of legislation specifically authorizing such ex-
penditure: Provided further, That any funds made available
for the purpose of acquisition of the Elwha and Glines dams
shall be used solely for acquisition, and shall not be ex-
pended until the full purchase amount has been appro-
priated by the Congress: Provided further, That of the funds
provided herein, $8,500,000 is available for acquisition of
the Sterling Forest: Provided further, That the National
Park Service may use not to exceed $2,500,000 annually
of the amounts provided herein for the state assistance pro-
gram to administer the state assistance program.
Ω164æPage 95, after line 25, insert:
TITLE VI—FOREST RESOURCES CONSERVATION
AND SHORTAGE RELIEF
SEC. 601. SHORT TITLE.—This Act may be cited as
the ‘‘Forest Resources Conservation and Shortage Relief Act
of 1997’’.
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SEC. 602. (a) USE OF UNPROCESSED TIMBER—LIMI-
TATION
ON SUBSTITUTION
OF UNPROCESSED FEDERAL
TIMBER
FOR
UNPROCESSED
TIMBER
FROM
PRIVATE
LAND.—Section 490 of the Forest Resources Conservation
and Shortage Relief Act of 1990 (16 U.S.C. 620b) is amend-
ed—
(1) in subsection (a)—
(A) in paragraph (1), by inserting ‘‘para-
graph (3) and’’ after ‘‘provided in’’; and
(B) by adding at the end the following:
‘‘(3) APPLICABILITY.—In the case of the pur-
chase by a person of unprocessed timber originating
from Federal lands west of the 119th meridian in the
State of Washington, this paragraph shall apply only
if—
‘‘(A) the private lands referred to in para-
graph (1) are owned by the person; or
‘‘(B) the person has the exclusive right to
harvest timber from the private lands described
in paragraph (1) during a period of more than
7 years, and may exercise that right at any time
of the person’s choosing.’’;
(2) in subsection (c)—
(A) in the subsection heading, by striking
‘‘APPROVAL OF’’;
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(B) in paragraph (2)—
(i) in the paragraph heading, by in-
serting ‘‘FOR SOURCING AREAS FOR PROC-
ESSING FACILITIES LOCATED OUTSIDE THE
NORTHWESTERN
PRIVATE
TIMBER
OPEN
MARKET AREA’’; after ‘‘APPLICATION’’; and
(ii) in subparagraph (A), by inserting
‘‘(except private land located in the north-
western private timber open market area)’’
after ‘‘lands’’;
(C) in paragraph (3)—
(i) in the paragraph heading, by in-
serting ‘‘FOR SOURCING AREAS FOR PROC-
ESSING
FACILITIES
LOCATED
OUTSIDE
OF
THE
NORTHWESTERN
PRIVATE
TIMBER
OPEN
MARKET
AREA.—(A) IN
GENERAL’’;
after ‘‘APPROVAL’’; and
(ii) by striking the last sentence of
paragraph (3) and adding at the end the
following:
‘‘(B) FOR TIMBER MANUFACTURING FACILI-
TIES LOCATED IN IDAHO.—Except as provided in
subparagraph (D), in making a determination
referred to in subparagraph (A), the Secretary
concerned shall consider the private timber ex-
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port and the private and Federal timber
sourcing patterns for the applicant’s timber
manufacturing facilities, as well as the private
and Federal timber sourcing patterns for the
timber manufacturing facilities of other persons
in the same local vicinity of the applicant, and
the relative similarity of such private and Fed-
eral timber sourcing patterns.
‘‘(C) FOR TIMBER MANUFACTURING FACILI-
TIES LOCATED IN STATES OTHER THAN IDAHO.—
Except as provided in subparagraph (D), in
making the determination referred to in sub-
paragraph (A), the Secretary concerned shall
consider the private timber export and the Fed-
eral timber sourcing patterns for the applicant’s
timber manufacturing facilities, as well as the
Federal timber sourcing patterns for the timber
manufacturing facilities of other persons in the
same local vicinity of the applicant, and the rel-
ative similarity of such Federal timber sourcing
patterns. Private timber sourcing patterns shall
not be a factor in such determinations in States
other than Idaho.
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‘‘(D) AREA
NOT
INCLUDED.—In deciding
whether to approve or disapprove an applica-
tion, the Secretary shall not—
‘‘(i) consider land located in the north-
western private timber open market area; or
‘‘(ii) condition approval of the appli-
cation on the inclusion of any such land in
the applicant’s sourcing area, such land
being includable in the sourcing area only
to the extent requested by the applicant.’’;
(D) in paragraph (4), in the paragraph
heading, by inserting ‘‘for sourcing areas for
processing facilities located outside the north-
western private timber open market area’’; after
‘‘application’’;
(E) in paragraph (5), in the paragraph
heading, by inserting ‘‘for sourcing areas for
processing facilities located outside the north-
western private timber open market area’’; after
‘‘Determinations’’; and
(F) by adding at the end the following:
‘‘(6) SOURCING AREAS FOR PROCESSING FACILI-
TIES LOCATED IN THE NORTHWESTERN PRIVATE TIM-
BER OPEN MARKET AREA—
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‘‘(A) ESTABLISHMENT.— In the northwest-
ern private timber open market area—
‘‘(i) a sourcing area boundary shall be
a circle around the processing facility of the
sourcing area applicant or holder;
‘‘(ii) the radius of the circle—
‘‘(I) shall be the furthest distance
that the sourcing area applicant or
holder proposes to haul Federal timber
for processing at the processing facil-
ity; and
‘‘(II) shall be determined solely by
the sourcing area applicant or holder;
‘‘(iii) a sourcing area shall become ef-
fective on written notice to the Regional
Forester for Region 6 of the Forest Service
of the location of the boundary of the
sourcing area;
‘‘(iv) the 24-month requirement in
paragraph (1)(A) shall not apply;
‘‘(v) a sourcing area holder—
‘‘(I) may adjust the radius of the
sourcing area not more frequently than
once every 24 months; and
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‘‘(II) shall provide written notice
to the Regional Forester for Region 6
of 
the 
adjusted 
boundary 
of 
its
sourcing area before using the adjusted
sourcing area; and
‘‘(vi) a sourcing area holder that relin-
quishes a sourcing area may not reestablish
a sourcing area for that processing facility
before the date that is 24 months after the
date on which the sourcing area was relin-
quished.
‘‘(B) TRANSITION.—With respect to a por-
tion of a sourcing area established before the date
of enactment of this paragraph that contains
Federal timber under contract before that date
and is outside the boundary of a new sourcing
area established under subparagraph (A)—
‘‘(i) that portion shall continue to be a
sourcing area only until unprocessed Fed-
eral timber from the portion is no longer in
the possession of the sourcing area holder;
and
‘‘(ii) unprocessed timber from private
land in that portion shall be exportable im-
mediately after unprocessed timber from
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Federal land in the portion is no longer in
the possession of the sourcing area holder.
‘‘(7) RELINQUISHMENT
AND
TERMINATION
OF
SOURCING AREAS.—
‘‘(A) IN GENERAL.—A sourcing area may be
relinquished at any time.
‘‘(B) EFFECTIVE DATE.—A relinquishment
of a sourcing area shall be effective as of the date
on which written notice is provided by the
sourcing area holder to the Regional Forester
with jurisdiction over the sourcing area where
the processing facility of the holder is located.
‘‘(C) EXPORTABILITY.—
‘‘(i) IN GENERAL.—On relinquishment
or termination of a sourcing area, unproc-
essed timber from private land within the
former boundary of the relinquished or ter-
minated sourcing area is exportable imme-
diately after unprocessed timber from Fed-
eral land from within that area is no longer
in the possession of the former sourcing area
holder.
‘‘(ii) 
NO
RESTRICTION.—The
exportability of unprocessed timber from
private land located outside of a sourcing
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area shall not be restricted or in any way
affected by relinquishment or termination of
a sourcing area.’’; and
(3) by adding at the end the following:
‘‘(d) DOMESTIC TRANSPORTATION AND PROCESSING
OF PRIVATE TIMBER.—Nothing in this section restricts or
authorizes any restriction on the domestic transportation
or processing of timber harvested from private land, except
that the Secretary may prohibit processing facilities located
in the State of Idaho that have sourcing areas from process-
ing timber harvested from private land outside of the
boundaries of those sourcing areas.’’.
(b) RESTRICTION ON EXPORTS OF UNPROCESSED TIM-
BER FROM STATE AND PUBLIC LAND.—Section 491(b)(2)
of the Forest Resources Conservation and Shortage Relief
Act of 1990 (16 U.S.C. 620c(b)(2)) is amended—
(1) by striking ‘‘the following’’ and all that fol-
lows through ‘‘(A) The Secretary’’ and inserting ‘‘the
Secretary’’;
(2) by striking ‘‘during the period beginning on
June 1, 1993, and ending on December 31, 1995’’ and
inserting ‘‘as of the date of enactment of the Forest
Resources Conservation and Shortage Relief Act of
1997’’; and
(3) by striking subparagraph (B).
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SEC. 603. MONITORING AND ENFORCEMENT.—Section
492 of the Forest Resources Conservation and Shortage Re-
lief Act of 1990 (16 U.S.C. 620d) is amended—
(1) in subsection (c)(2), by adding at the end the
following:
‘‘(C) MITIGATION OF PENALTIES.—
‘‘(i) IN GENERAL.—The Secretary con-
cerned—
‘‘(I) in determining the applica-
bility of any penalty imposed under
this paragraph, shall take into account
all relevant mitigating factors, includ-
ing mistake, inadvertence, and error;
and
‘‘(II) based on any mitigating
factor, may, with respect to any pen-
alty imposed under this paragraph—
‘‘(aa) reduce the penalty;
‘‘(bb) not impose the penalty;
or
‘‘(cc) on condition of there
being no further violation under
this paragraph for a prescribed
period, suspend imposition of the
penalty.
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‘‘(ii) CONTRACTUAL
REMEDIES.—In
the case of a minor violation of this title
(including a regulation), the Secretary con-
cerned shall, to the maximum extent prac-
ticable, permit a contracting officer to re-
dress the violation in accordance with the
applicable timber sale contract rather than
assess a penalty under this paragraph.’’;
and
(2) in subsection (d)(1)—
(A) by striking ‘‘The head’’ and inserting
the following:
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the head’’; and
(B) by adding at the end the following:
‘‘(B) PREREQUISITES FOR DEBARMENT.—
‘‘(i) IN GENERAL.—No person may be
debarred from bidding for or entering into
a contract for the purchase of unprocessed
timber from Federal lands under subpara-
graph (A) unless the head of the appro-
priate Federal department or agency first
finds, on the record and after an oppor-
tunity for a hearing, that debarment is
warranted.
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‘‘(ii) WITHHOLDING OF AWARDS DUR-
ING DEBARMENT PROCEEDINGS.—The head
of an appropriate Federal department or
agency may withhold an award under this
title of a contract for the purchase of un-
processed timber from Federal lands during
a debarment proceeding.’’.
SEC. 604. DEFINITIONS.—Section 493 of the Forest
Resources Conservation and Shortage Relief Act of 1990 (16
U.S.C. 620e) is amended—
(1) by redesignating paragraphs (3) through (8)
as paragraphs (5) through (10), respectively;
(2) by inserting after paragraph (2) the follow-
ing:
‘‘(3) MINOR VIOLATION.—The term ‘minor viola-
tion’ means a violation, other than an intentional
violation, involving a single contract, purchase order,
processing facility, or log yard involving a quantity
of logs that is less than 25 logs and has a total value
(at the time of the violation) of less than $10,000.
‘‘(4) NORTHWESTERN
PRIVATE
TIMBER
OPEN
MARKET AREA.—The term ‘northwestern private tim-
ber open market area’ means the State of Washing-
ton.’’;
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(3) in subparagraph (B)(ix) of paragraph (9)
(as redesignated by paragraph (1))—
(A) by striking ‘‘Pulp logs or cull logs’’ and
inserting ‘‘Pulp logs, cull logs, and incidental
volumes of grade 3 and 4 sawlogs’’;
(B) by inserting ‘‘primary’’ before ‘‘pur-
pose’’; and
(C) by striking the period at the end and
inserting: ‘‘, or to the extent that a small quan-
tity of such logs are processed, into other prod-
ucts at domestic processing facilities.’’; and
(4) by adding at the end the following:
‘‘(11) VIOLATION.—The term ‘violation’ means a
violation of this Act (including a regulation issued to
implement this Act) with regard to a course of action,
including—
‘‘(A) in the case of a violation by the origi-
nal purchaser of unprocessed timber, an act or
omission with respect to a single timber sale;
and
‘‘(B) in the case of a violation by a subse-
quent purchaser of the timber, an act or omis-
sion with respect to an operation at a particular
processing facility or log yard.’’.
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SEC. 605. REGULATIONS.—Section 495(a) of the For-
est Resources Conservation and Shortage Relief Act of 1990
(16 U.S.C. 620f(a)) is amended—
(1) by striking ‘‘The Secretaries’’ and inserting
the following:
‘‘(1) AGRICULTURE
AND
INTERIOR.—The Sec-
retaries’’;
(2) by striking ‘‘The Secretary of Commerce’’
and inserting the following:
‘‘(2) COMMERCE.—The Secretary of Commerce’’;
and
(3) by striking the last sentence and inserting
the following:
‘‘(3) DEADLINE.—
‘‘(A) IN
GENERAL.—Except as otherwise
provided in this title, regulations and guidelines
required under this subsection shall be issued not
later than June 1, 1998.
‘‘(B) INTERIM
REGULATIONS
AND
GUIDE-
LINES.—The regulations and guidelines issued
under this title that were in effect on the date of
enactment of this paragraph shall remain in ef-
fect until new regulations and guidelines are is-
sued under subparagraph (A).
‘‘(4) PAINTING AND BRANDING.—
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‘‘(A) IN
GENERAL.—The Secretary con-
cerned shall issue regulations that impose rea-
sonable painting, branding, or other forms of
marking or tracking requirements on unproc-
essed timber if—
‘‘(i) the benefits of the requirements
outweigh the cost of complying with the re-
quirements; and
‘‘(ii) the Secretary determines that,
without the requirements, it is likely that
the unprocessed timber—
‘‘(I) would be exported in viola-
tion of this title; or
‘‘(II) if the unprocessed timber
originated from Federal lands, would
be substituted for unprocessed timber
originating from private lands west of
the 100th Meridian in the contiguous
48 States in violation of this title.
‘‘(B) MINIMUM SIZE.—The Secretary con-
cerned shall not impose painting, branding, or
other forms of marking or tracking requirements
on—
‘‘(i) the face of a log that is less than
7 inches in diameter; or
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‘‘(ii) unprocessed timber that is less
than 8 feet in length or less than 1⁄3 sound
wood.
‘‘(C) WAIVERS.—
‘‘(i) IN GENERAL.—The Secretary con-
cerned may waive log painting and brand-
ing requirements—
‘‘(I) for a geographic area, if the
Secretary determines that the risk of
the unprocessed timber being exported
from the area or used in substitution is
low;
‘‘(II) with respect to unprocessed
timber originating from private lands
located within an approved sourcing
area for a person who certifies that the
timber will be processed at a specific
domestic processing facility to the ex-
tent that the processing does occur; or
‘‘(III) as part of a log yard agree-
ment that is consistent with the pur-
poses of the export and substitution re-
strictions imposed under this title.
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‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the Secretary concerned shall issue
regulations that impose reasonable documenta-
tion and reporting requirements if the benefits of
the requirements outweigh the cost of complying
with the requirements.
‘‘(B) WAIVERS.—
‘‘(i) IN GENERAL.—The Secretary con-
cerned may waive documentation and re-
porting requirements for a person if—
‘‘(I) an audit of the records of the
facility of the person reveals substan-
tial compliance with all notice, report-
ing, painting, and branding require-
ments during the preceding year; or
‘‘(II) the person transferring the
unprocessed timber and the person
processing the unprocessed timber enter
into an advance agreement with the
Secretary concerned regarding the dis-
position of the unprocessed timber by
domestic processing.
‘‘(ii) REVIEW
AND
TERMINATION
OF
WAIVERS.—A waiver granted under clause
(i)—
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‘‘(I) shall, to the maximum extent
practicable, be reviewed once a year;
and
‘‘(II) shall remain effective until
terminated by the Secretary.’’.
Ω165æPage 95, after line 25, insert:
TITLE VII—MICCOSUKEE SETTLEMENT
SEC. 701. SHORT TITLE. This title may be cited as
the ‘‘Miccosukee Settlement Act of 1997’’.
SEC. 702. CONGRESSIONAL FINDINGS. Congress finds
that:
(1) There is pending before the United States
District Court for the Southern District of Florida a
lawsuit by the Miccosukee Tribe that involves the tak-
ing of certain tribal lands in connection with the con-
struction of highway Interstate 75 by the Florida De-
partment of Transportation.
(2) The pendency of the lawsuit referred to in
paragraph (1) clouds title of certain lands used in the
maintenance and operation of the highway and
hinders proper planning for future maintenance and
operations.
(3) The Florida Department of Transportation,
with the concurrence of the Board of Trustees of the
Internal Improvements Trust Fund of the State of
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Florida, and the Miccosukee Tribe have executed an
agreement for the purpose of resolving the dispute and
settling the lawsuit.
(4) The agreement referred to in paragraph (3)
requires the consent of Congress in connection with
contemplated land transfers.
(5) The Settlement Agreement is in the interest
of the Miccosukee Tribe, as the Tribe will receive cer-
tain monetary payments, new reservation lands to be
held in trust by the United States, and other benefits.
(6) Land received by the United States pursuant
to the Settlement Agreement is in consideration of
Miccosukee Indian Reservation lands lost by the
Miccosukee Tribe by virtue of transfer to the Florida
Department of Transportation under the Settlement
Agreement.
(7) The United States lands referred to in para-
graph (6) will be held in trust by the United States
for the use and benefit of the Miccosukee Tribe as
Miccosukee Indian Reservation lands in compensation
for the consideration given by the Tribe in the Settle-
ment Agreement.
(8) Congress shares with the parties to the Settle-
ment Agreement a desire to resolve the dispute and
settle the lawsuit.
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SEC. 703. DEFINITIONS. In this title:
(1) BOARD OF TRUSTEES OF THE INTERNAL IM-
PROVEMENTS
TRUST
FUND.—The term ‘‘Board of
Trustees of the Internal Improvements Trust Fund’’
means the agency of the State of Florida holding legal
title to and responsible for trust administration of
certain lands of the State of Florida, consisting of the
Governor, Attorney General, Commissioner of Agri-
culture, Commissioner of Education, Controller, Sec-
retary of State, and Treasurer of the State of Florida,
who are Trustees of the Board.
(2) 
FLORIDA
DEPARTMENT
OF
TRANSPOR-
TATION.—The term ‘‘Florida Department of Trans-
portation’’ means the executive branch department
and agency of the State of Florida that—
(A) is responsible for the construction and
maintenance of surface vehicle roads, existing
pursuant to section 20.23, Florida Statutes; and
(B) has the authority to execute the Settle-
ment Agreement pursuant to section 334.044,
Florida Statutes.
(3) LAWSUIT.—The term ‘‘lawsuit’’ means the
action in the United States District Court for the
Southern District of Florida, entitled Miccosukee
Tribe of Indians of Florida v. State of Florida and
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Florida Department of Transportation. et al., docket
No. 91–285–Civ–Paine.
(4) MICCOSUKEE LANDS.—The term ‘‘Miccosukee
lands’’ means lands that are—
(A) held in trust by the United States for
the use and benefit of the Miccosukee Tribe as
Miccosukee Indian Reservation lands; and
(B) identified pursuant to the Settlement
Agreement for transfer to the Florida Depart-
ment of Transportation.
(5) MICCOSUKEE
TRIBE; 
TRIBE.—The terms
‘‘Miccosukee Tribe’’ and ‘‘Tribe’’ mean the Miccosukee
Tribe of Indians of Florida, a tribe of American Indi-
ans recognized by the United States and organized
under section 16 of the Act of June 18, 1934 (48 Stat.
987, chapter 576; 25 U.S.C. 476) and recognized by
the State of Florida pursuant to chapter 285, Florida
Statutes.
(6) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
(7) SETTLEMENT
AGREEMENT; AGREEMENT.—
The terms ‘‘Settlement Agreement’’ and ‘‘Agreement’’
mean the assemblage of documents entitled ‘‘Settle-
ment Agreement’’ (with incorporated exhibits) that—
(A) addresses the lawsuit; and
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(B)(i) was signed on August 28, 1996, by
Ben G. Watts (Secretary of the Florida Depart-
ment of Transportation) and Billy Cypress
(Chairman of the Miccosukee Tribe); and
(ii) after being signed, as described in
clause (i), was concurred in by the Board of
Trustees of the Internal Improvements Trust
Fund of the State of Florida.
(8) STATE
OF
FLORIDA.—The term ‘‘State of
Florida’’ means—
(A) all agencies or departments of the State
of Florida, including the Florida Department of
Transportation and the Board of Trustees of the
Internal Improvements Trust Fund; and
(B) the State of Florida as a governmental
entity.
SEC. 704. AUTHORITY OF SECRETARY. As Trustee for
the Miccosukee Tribe, the Secretary shall—
(1)(A) aid and assist in the fulfillment of the
Settlement Agreement at all times and in a reason-
able manner; and
(B) to accomplish the fulfillment of the Settle-
ment Agreement in accordance with subparagraph
(A), cooperate with and assist the Miccosukee Tribe;
100
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(2) upon finding that the Settlement Agreement
is legally sufficient and that the State of Florida has
the necessary authority to fulfill the Agreement—
(A) sign the Settlement Agreement on behalf
of the United States; and
(B) ensure that an individual other that the
Secretary who is a representative of the Bureau
of Indian Affairs also signs the Settlement Agree-
ment;
(3) upon finding that all necessary conditions
precedent to the transfer of Miccosukee land to the
Florida Department of Transportation as provided in
the Settlement Agreement have been or will be met so
that the Agreement has been or will be fulfilled, but
for the execution of that land transfer and related
land transfers—
(A) transfer ownership of the Miccosukee
land to the Florida Department of Transpor-
tation in accordance with the Settlement Agree-
ment, including in the transfer solely and exclu-
sively that Miccosukee land identified in the Set-
tlement Agreement for transfer to the Florida
Department of Transportation; and
(B) in conjunction with the land transfer
referred to in subparagraph (A), transfer no land
101
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other than the land referred to in that subpara-
graph to the Florida Department of Transpor-
tation; and
(4) upon finding that all necessary conditions
precedent to the transfer of Florida lands from the
State of Florida to the United States have been or
will be met so that the Agreement has been or will be
fulfilled but for the execution of that land transfer
and related land transfers, receive and accept in trust
for the use and benefit of the Miccosukee Tribe owner-
ship of all land identified in the Settlement Agree-
ment for transfer to the United States.
SEC. 705. MICCOSUKEE INDIAN RESERVATION LANDS.
The lands transferred and held in trust for the Miccosukee
Tribe under section 704(4) shall be Miccosukee Indian Res-
ervation lands.
Attest:
Secretary.
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