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CONSTRUCTION
For necessary expenses of capital repair and rehabili-
tation of the existing features of the building and site of
the John F. Kennedy Center for the Performing Arts,
$8,983,000, to remain available until expended.
WOODROW WILSON INTERNATIONAL CENTER FOR
SCHOLARS
SALARIES AND EXPENSES
For expenses necessary in carrying out the provisions
of the Woodrow Wilson Memorial Act of 1968 (82 Stat.
1356) including hire of passenger vehicles and services as
authorized 
by 
U.S.C. 
3109, 
Ω135æ$5,140,100
$6,537,000.
NATIONAL FOUNDATION ON THE ARTS AND THE
HUMANITIES
NATIONAL ENDOWMENT FOR THE ARTS
GRANTS AND ADMINISTRATION
For necessary expenses to carry out the National
Foundation on the Arts and Humanities Act of 1965, as
amended, Ω136æ$82,259,000 $88,765,000Ω137æ,–subject
to passage by the House of Representatives of a bill au-
thorizing such appropriation, shall be available to the Na-
tional Endowment for the Arts for the support of projects
and productions in the arts through assistance to groups
and individuals pursuant to section 5(c) of the Act, and
HR 1977 PP
for administering the functions of the Act, to remain avail-
able until September 30, 1997.
MATCHING GRANTS
To carry out the provisions of section 10(a)(2) of the
National Foundation on the Arts and the Humanities Act
of 
1965, 
as 
amended, 
Ω138æ$17,235,000
$21,235,000Ω139æ,–subject to passage by the House of
Representatives of a bill authorizing such appropriation,
to remain available until September 30, 1997, to the Na-
tional Endowment for the Arts, of which $7,500,000 shall
be available for purposes of section 5(p)(1): Provided,
That this appropriation shall be available for obligation
only in such amounts as may be equal to the total amounts
of gifts, bequests, and devises of money, and other prop-
erty accepted by the Chairman or by grantees of the En-
dowment 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.
NATIONAL ENDOWMENT FOR THE HUMANITIES
GRANTS AND ADMINISTRATION
For necessary expenses to carry out the National
Foundation on the Arts and the Humanities Act of 1965,
as amended, Ω140æ$82,469,000 $94,000,000 shall be
available to the National Endowment for the Humanities
for support of activities in the humanities, pursuant to
HR 1977 PP
section 7(c) of the Act, and for administering the func-
tions of the Act, to remain available until September 30,
1997.
MATCHING GRANTS
To carry out the provisions of section 10(a)(2) of the
National Foundation on the Arts and the Humanities Act
of 1965, as amended, Ω141æ$17,025,000 $16,000,000, to
remain available until September 30, 1997, of which
Ω142æ$9,180,000 $10,000,000 shall be available to the
National Endowment for the Humanities for the purposes
of section 7(h): Provided, That this appropriation shall be
available for obligation only in such amounts as may be
equal to the total amounts of gifts, bequests, and devises
of money, and other property accepted by the Chairman
or by grantees of the Endowment under the provisions of
subsections 11(a)(2)(B) and 11(a)(3)(B) during the cur-
rent and preceding fiscal years for which equal amounts
have not previously been appropriated.
INSTITUTE OF MUSEUM SERVICES
GRANTS AND ADMINISTRATION
For carrying out title II of the Arts, Humanities, and
Cultural Affairs Act of 1976, as amended, $21,000,000,
to remain available until September 30, 1997.
ADMINISTRATIVE PROVISIONS
None of the funds appropriated to the National
Foundation on the Arts and the Humanities may be used
HR 1977 PP
to process any grant or contract documents which do not
include the text of 18 U.S.C. 1913: Provided, That none
of the funds appropriated to the National Foundation on
the Arts and the Humanities may be used for official re-
ception and representation expenses.
COMMISSION OF FINE ARTS
SALARIES AND EXPENSES
For expenses made necessary by the Act establishing
a Commission of Fine Arts (40 U.S.C. 104), $834,000.
NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS
For necessary expenses as authorized by Public Law
99–190 (99 Stat. 1261; 20 U.S.C. 956(a)), as amended,
$6,000,000.
ADVISORY COUNCIL ON HISTORIC PRESERVATION
SALARIES AND EXPENSES
For expenses necessary for the Advisory Council on
Historic Preservation, Ω143æ$3,063,000 $2,500,000.
NATIONAL CAPITAL PLANNING COMMISSION
SALARIES AND EXPENSES
For necessary expenses, as authorized by the Na-
tional Capital Planning Act of 1952 (40 U.S.C. 71–71i),
including services as authorized by 5 U.S.C. 3109,
$5,090,000: Provided, That all appointed members will be
compensated at a rate not to exceed the rate for Executive
Schedule Level IV.
HR 1977 PP
FRANKLIN DELANO ROOSEVELT MEMORIAL COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Franklin Delano Roo-
sevelt Memorial Commission, established by the Act of Au-
gust 11, 1955 (69 Stat. 694), as amended by Public Law
92–332 (86 Stat. 401), Ω144æ$48,000 $147,000, to re-
main available until September 30, 1997.
PENNSYLVANIA AVENUE DEVELOPMENT CORPORATION
Ω145æSALARIES AND EXPENSES
For necessary expenses for the orderly closure of the
Pennsylvania
Avenue
Development
Corporation,
$2,000,000.
Ω146æPUBLIC DEVELOPMENT
Funds made available under this heading in prior
years shall be available for operating and administrative
expenses of the Corporation.
UNITED STATES HOLOCAUST MEMORIAL COUNCIL
HOLOCAUST MEMORIAL COUNCIL
For expenses of the Holocaust Memorial Council, as
authorized by Public Law 96–388, as amended,
Ω147æ$28,707,000 $26,609,000; of which $1,575,000 for
the 
Museum’s 
repair 
and 
rehabilitation 
program
Ω148æand $1,264,000 for the Museum’s exhibition pro-
gram shall remain available until expended.
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TITLE III—GENERAL PROVISIONS
SEC. 301. The expenditure of any appropriation
under this Act for any consulting service through procure-
ment contract, pursuant to 5 U.S.C. 3109, shall be limited
to those contracts where such expenditures are a matter
of public record and available for public inspection, except
where otherwise provided under existing law, or under ex-
isting Executive order issued pursuant to existing law.
SEC. 302. No part of any appropriation under this
Act shall be available to the Secretary of the Interior or
the Secretary of Agriculture for the leasing of oil and nat-
ural gas by noncompetitive bidding on publicly owned
lands within the boundaries of the Shawnee National For-
est, Illinois: Provided, That nothing herein is intended to
inhibit or otherwise affect the sale, lease, or right to access
to minerals owned by private individuals.
SEC. 303. No part of any appropriation contained in
this Act shall be available for any activity or the publica-
tion or distribution of literature that in any way tends to
promote public support or opposition to any legislative
proposal on which congressional action is not complete.
SEC. 304. No part of any appropriation contained in
this Act shall remain available for obligation beyond the
current fiscal year unless expressly so provided herein.
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SEC. 305. None of the funds provided in this Act to
any department or agency shall be obligated or expended
to provide a personal cook, chauffeur, or other personal
servants to any officer or employee of such department
or agency except as otherwise provided by law.
SEC. 306. No assessments may be levied against any
program, budget activity, subactivity, or project funded by
this Act unless notice of such assessments and the basis
therefor are presented to the Committees on Appropria-
tions and are approved by such Committees.
SEC. 307. (a) COMPLIANCE WITH BUY AMERICAN
ACT.—None of the funds made available in this Act may
be expended by an entity unless the entity agrees that in
expending the funds the entity will comply with sections
2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a–
10c; popularly known as the ‘‘Buy American Act’’).
(b) SENSE OF CONGRESS; REQUIREMENT REGARD-
ING NOTICE.—
(1) PURCHASE OF AMERICAN-MADE EQUIPMENT
AND PRODUCTS.—In the case of any equipment or
product that may be authorized to be purchased
with financial assistance provided using funds made
available in this Act, it is the sense of the Congress
that entities receiving the assistance should, in ex-
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pending the assistance, purchase only American-
made equipment and products.
(2) NOTICE TO RECIPIENTS OF ASSISTANCE.—
In providing financial assistance using funds made
available in this Act, the head of each Federal agen-
cy shall provide to each recipient of the assistance
a notice describing the statement made in paragraph
(1) by the Congress.
(c) PROHIBITION
OF CONTRACTS WITH PERSONS
FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—
If it has been finally determined by a court or Federal
agency that any person intentionally affixed a label bear-
ing a ‘‘Made in America’’ inscription, or any inscription
with the same meaning, to any product sold in or shipped
to the United States that is not made in the United
States, the person shall be ineligible to receive any con-
tract or subcontract made with funds made available in
this Act, pursuant to the debarment, suspension, and ineli-
gibility procedures described in sections 9.400 through
9.409 of title 48, Code of Federal Regulations.
SEC. 308. None of the funds in this Act may be used
to plan, prepare, or offer for sale timber from trees classi-
fied as giant sequoia (sequoiadendron giganteum) which
are located on National Forest System or Bureau of Land
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Management lands in a manner different than such sales
were conducted in fiscal year 1995.
SEC. 309. None of the funds made available by this
Act may be obligated or expended by the National Park
Service to enter into or implement a concession contract
which permits or requires the removal of the underground
lunchroom at the Carlsbad Caverns National Park.
SEC. 310. Where the actual costs of construction
projects under self-determination contracts, compacts, or
grants, pursuant to Public Laws 93–638, Ω149æ100–413
103–413, or 100–297, are less than the estimated costs
thereof, use of the resulting excess funds shall be deter-
mined by the appropriate Secretary after consultation with
the tribes.
SEC. 311. Notwithstanding Public Law 103–413,
quarterly payments of funds to tribes and tribal organiza-
tions under annual funding agreements pursuant to sec-
tion 108 of Public Law 93–638, as amended, may be made
on the first business day following the first day of a fiscal
quarter.
Ω150æSEC. 312. None of funds in this Act may be
used for the Americorps program.
SEC. 312. None of funds appropriated or otherwise
made available by this Act may be used for the AmeriCorps
program, unless the relevant agencies of the Department of
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the 
Interior 
and/or 
Agriculture 
follow 
appropriate
reprogramming guidelines: Provided, That if no funds are
provided for the AmeriCorps program by the VA–HUD and
Independent Agencies fiscal year 1996 appropriations bill,
then none of the funds appropriated or otherwise made
available by this Act may be used for the AmeriCorps pro-
grams.
Ω151æSEC. 313. (a) On or before April 1, 1996, the
Pennsylvania Avenue Development Corporation shall—
(1) transfer and assign in accordance with this
section all of its rights, title, and interest in and to
all of the leases, covenants, agreements, and ease-
ments it has executed or will execute by March 31,
1996, in carrying out its powers and duties under
the Pennsylvania Avenue Development Corporation
Act (40 U.S.C. 871–885) and the Federal Triangle
Development Act (40 U.S.C. 1101–1109) to the
General Services Administration, National Capital
Planning Commission, or the National Park Service;
and
(2) except as provided by subsection (d), trans-
fer all rights, title, and interest in and to all prop-
erty, both real and personal, held in the name of the
Pennsylvania Avenue Development Corporation to
the General Services Administration.
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(b) The responsibilities of the Pennsylvania Avenue
Development Corporation transferred to the General Serv-
ices Administration under subsection (a) include, but are
not limited to, the following:
(1) Collection of revenue owed the Federal Gov-
ernment as a result of real estate sales or lease
agreements entered into by the Pennsylvania Avenue
Development Corporation and private parties, in-
cluding, at a minimum, with respect to the following
projects:
(A) The Willard Hotel property on Square
225.
(B) The Gallery Row project on Square
457.
(C) The Lansburgh’s project on Square
431.
(D) The Market Square North project on
Square 407.
(2) Collection of sale or lease revenue owed the
Federal Government (if any) in the event two unde-
veloped sites owned by the Pennsylvania Avenue De-
velopment Corporation on Squares 457 and 406 are
sold or leased prior to April 1, 1996.
(3) Application of collected revenue to repay
United States Treasury debt incurred by the Penn-
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sylvania Avenue Development Corporation in the
course of acquiring real estate.
(4) Performing financial audits for projects in
which the Pennsylvania Avenue Development Cor-
poration has actual or potential revenue expectation,
as identified in paragraphs (1) and (2), in accord-
ance with procedures describe in applicable sale or
lease agreements.
(5) Disposition of real estate properties which
are or become available for sale and lease or other
uses.
(6) Payment of benefits in accordance with the
Uniform Relocation Assistance and Real Property
Acquisitions Policies Act of 1970 to which persons
in the project area squares are entitled as a result
of the Pennsylvania Avenue Development Corpora-
tion’s acquisition of real estate.
(7) Carrying out the responsibilities of the
Pennsylvania
Avenue
Development
Corporation
under the Federal Triangle Development Act (40
U.S.C. 1101–1109), including responsibilities for
managing assets and liabilities of the Corporation
under such Act.
(c) In carrying out the responsibilities of the Penn-
sylvania Avenue Development Corporation transferred
108
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(3) To maintain any existing Pennsylvania Ave-
nue Development Corporation insurance programs.
(4) To enter into and perform such leases, con-
tracts, or other transactions with any agency or in-
strumentality of the United States, the several
States, or the District of Columbia or with any per-
son, firm, association, or corporation as may be nec-
essary to carry out the responsibilities of the Penn-
sylvania Avenue Development Corporation under the
Federal
Triangle
Development
Act
(40
U.S.C.
1101–1109).
(5) To request the Council of the District of
Columbia to close any alleys necessary for the com-
pletion of development in Square 457.
(6) To use all of the funds transferred from the
Pennsylvania Avenue Development Corporation or
income earned on Pennsylvania Avenue Development
Corporation property to complete any pending devel-
opment projects.
(d)(1)(A) On or before April 1, 1996, the Pennsylva-
nia Avenue Development Corporation shall transfer all its
right, title, and interest in and to the property described
in subparagraph (B) to the National Park Service, De-
partment of the Interior.
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(B) The property referred to in subparagraph (A) is
the property located within the Pennsylvania Avenue Na-
tional Historic Site depicted on a map entitled ‘‘Penn-
sylvania Avenue National Historic Park’’, dated June 1,
1995, and numbered 840–82441, which shall be on file
and available for public inspection in the offices of the Na-
tional Park Service, Department of the Interior. The
Pennsylvania Avenue National Historic Site includes the
parks, plazas, sidewalks, special lighting, trees, sculpture,
and memorials.
(2) Jurisdiction of Pennsylvania Avenue and all other
roadways from curb to curb shall remain with the District
of Columbia but vendors shall not be permitted to occupy
street space except during temporary special events.
(3) The National Park Service shall be responsible
for management, administration, maintenance, law en-
forcement, visitor services, resource protection, interpreta-
tion, and historic preservation at the Pennsylvania Avenue
National Historic Site.
(4) The National Park Service may enter into con-
tracts, cooperative agreements, or other transactions with
any agency or instrumentality of the United States, the
several States, or the District of Columbia or with any
person, firm, association, or corporation as may be deemed
necessary or appropriate for the conduct of special events,
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festivals, concerts, or other art and cultural programs at
the Pennsylvania Avenue National Historic Site or may
establish a nonprofit foundation to solicit funds for such
activities.
(e) Notwithstanding any other provision of law, the
responsibility for ensuring that development or redevelop-
ment in the Pennsylvania Avenue area is carried out in
accordance with the Pennsylvania Avenue Development
Corporation Plan—1974, as amended, is transferred to
the National Capital Planning Commission or its succes-
sor commencing April 1, 1996.
(f) SAVINGS PROVISIONS.—
(1) REGULATIONS.—Any regulations prescribed
by the Corporation in connection with the Penn-
sylvania Avenue Development Corporation Act of
1972 (40 U.S.C. 871–885) and the Federal Triangle
Development Act (40 U.S.C. 1101–1109) shall con-
tinue in effect until suspended by regulations pre-
scribed by the Administrator of the General Services
Administration.
(2) EXISTING RIGHTS, DUTIES, AND OBLIGA-
TIONS NOT AFFECTED.—Subsection (a) shall not be
construed as affecting the validity of any right, duty,
or obligation of the United States or any other per-
son arising under or pursuant to any contract, loan,
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or other instrument or agreement which was in ef-
fect on the day before the date of the transfers
under subsection (a).
(3) CONTINUATION
OF
SUITS.—No action or
other proceeding commenced by or against the Cor-
poration in connection with administration of the
Pennsylvania Avenue Development Corporation Act
of 1972 (40 U.S.C. 871–885) and the Federal Tri-
angle Development Act (40 U.S.C. 1101–1109) shall
abate by reason of enactment and implementation of
this Act, except that the General Services Adminis-
tration shall be substituted for the Corporation as a
party to any such action or proceeding.
(g) Section 3(b) of the Pennsylvania Avenue Develop-
ment Corporation Act of 1972 (40 U.S.C. 872(b)) is
amended as follows:
‘‘(b) The Corporation shall be dissolved on April 1,
1996. Upon dissolution, assets, obligations, and indebted-
ness of the Corporation shall be transferred in accordance
with the Department of the Interior and Related Agencies
Appropriations Act, 1996.’’.
Ω152æSEC. 314. (a) Except as provided in subsection
(b), no part of any appropriation contained in this Act
or any other Act shall be obligated or expended for the
operation or implementation of the Interior Columbia
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River Basin Ecoregion Assessment Project (hereinafter
‘‘Project’’).
(b) From the funds appropriated to the Forest Serv-
ice and the Bureau of Land Management, $600,000 is
made available to publish by January 1, 1996, for peer
review and public comment, the scientific information col-
lected, and analysis undertaken, by the Project prior to
the date of enactment of this Act concerning forest health
conditions and forest management needs related to those
conditions.
(c)(1) From the funds appropriated to the Forest
Service, the Secretary of Agriculture (hereinafter ‘‘Sec-
retary’’) shall—
(A) review the land and resource management
plan (hereinafter ‘‘plan’’) for each national forest
within the area encompassed by the Project and any
policy which is applicable to such plan (whether or
not such policy is final or draft, or has been added
to such plan by amendment), which is or is intended
to be of limited duration, and which the Project was
tasked to address; and
(B) determine whether such policy modified to
meet the specific conditions of such national forest,
or another policy which serves the purpose of such
policy, should be adopted for such national forest.
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(2) If the Secretary makes a decision that such a
modified or alternative policy should be adopted for such
national forest, the Secretary shall prepare and adopt for
the plan for such national forest an amendment which
contains such policy, which is directed solely to and affects
only such plan, and which addresses the specific conditions
of the national forest and the relationship of such policy
to such conditions.
(3) To the maximum extent practicable, any amend-
ment prepared pursuant to paragraph (2) shall establish
procedures to develop site-specific standards in lieu of im-
posing general standards applicable to multiple sites. Any
amendment which would result in any change in land allo-
cations within the plan or reduce the likelihood of achieve-
ment of the goals and objectives of the plan (prior to any
previous amendment incorporating in the plan any policy
referred to in paragraph (1)(A)) shall be deemed a signifi-
cant plan amendment pursuant to section 6(f)(4) of the
Forest and Rangeland Renewable Resources Planning Act
of 1974 (16 U.S.C. 1604(f)(4)).
(4) Any amendment prepared pursuant to paragraph
(2) which adopts a modified or alternative policy to sub-
stitute for a policy referred to in paragraph (1)(A) which
has undergone consultation pursuant to section 7 of the
Endangered Species Act of 1973 shall not again be subject
114
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to the consultation provisions of such section 7. No further
consultation shall be undertaken on any policy referred to
in paragraph (1)(A).
(5) Any amendment prepared pursuant to paragraph
(2) shall be adopted on or before March 31, 1996: Pro-
vided, That any amendment deemed a significant amend-
ment pursuant to paragraph (3) shall be adopted on or
before June 30, 1996.
(6) No policy referred to in paragraph (1)(A) shall
be effective on or after April 1, 1996.
SEC. 314. (a) Except as provided in subsection (b), no
part of any appropriation contained in this Act or any
other Act shall be obligated or expended for the operation
or implementation of the Interior Columbia Basin Eco-
system Management Project (hereinafter ‘‘Project’’).
(b) From the funds appropriated to the Forest Service
and Bureau of Land Management, a sum of $4,000,000 is
made available for the appropriate line officers assigned to
the Walla Walla office and the Boise office of the Project
to publish by April 30, 1996, an eastside final environ-
mental impact statement, without a record of decision, for
the Federal lands subject to the Project in Oregon and
Washington and an Upper Columbia Basin final environ-
mental impact statement, without a record of decision, for
the Federal lands subject to the Project in Idaho and Mon-
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tana and other affected States, respectively. Among other
matters, the final environmental impact statements shall
contain the scientific information collected and analysis
undertaken by the Project on landscape dynamics and forest
health conditions and the implications of such dynamics
and conditions for forest management, including the man-
agement of forest vegetation structure, composition, and
density.
(c)(1) From the funds generally appropriated to the
Forest Service and the Bureau of Land Management, the
Secretary of Agriculture or the Secretary of the Interior as
the case may be, shall—
(A) review the resource management plan (here-
inafter ‘‘plan’’) for each national forest and unit of
lands administered by the Bureau of Land Manage-
ment (hereinafter ‘‘forest’’) within the area encom-
passed by the Project, the analysis in the relevant
final environmental impact statement prepared pur-
suant to subsection (b) which is applicable to such
plan, and any policy which is applicable to such plan
(whether or not such policy is final or draft, or has
been added to such plan by amendment), which is or
is intended to be of limited duration, and which the
Project addresses; and
116
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(B) based on such review, determine whether
such policy modified to meet the specific conditions of
such forest, or an alternative policy which serves the
purpose of such policy, should be adopted for such for-
est.
(2) If the Secretary concerned makes a decision that
such a modified or alternative policy should be adopted for
such forest, the Secretary concerned shall prepare and adopt
for the resource management plan for such forest an amend-
ment which contains such policy, which is directed solely
to and affects only such plan, and which addresses the spe-
cific conditions of the forest and the relationship of such
policy to such conditions. The Secretary shall consult with
the Governor of the State, and the Commissioner of the
county or counties, in which the forest is situated prior to
such decision and, if the decision is to prepare an amend-
ment, during the preparation thereof.
(3) To the maximum extent practicable, any amend-
ment prepared pursuant to paragraph (2) shall establish
procedures to develop site-specific standards in lieu of im-
posing general standards applicable to multiple sites. Any
amendment which would result in any change in land allo-
cations within the land management plan or reduce the
likelihood of achievement of the goals and objectives of the
plan (prior to any previous amendment incorporating in
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the plan any policy referred to in paragraph (1)(A)) shall
be deemed a significant plan amendment, or equivalent,
pursuant to section 6(f)(4) of the Forest and Rangeland Re-
newable Resources Planning Act of 1974 (16 U.S.C.
1604(f)(4)) or section 202 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1712).
(4)(A) Any amendment prepared pursuant to para-
graph (2) which adopts a policy that is a modification of
or alternative to a policy referred to in paragraph (1)(A)
upon which consultation or conferencing has occurred pur-
suant to section 7 of the Endangered Species Act of 1973
(16 U.S.C. 1536) shall not again be subject to the consulta-
tion or conferencing provisions of such section 7.
(B) If required by such section 7, the Secretary con-
cerned shall consult or conference separately on each
amendment prepared pursuant to paragraph (2) which is
not subject to subparagraph (A).
(C) No further consultation other than the consultation
specified in subparagraph (B) shall be undertaken on any
amendments prepared pursuant to paragraph (2), on any
project or activity which is consistent with an applicable
amendment, on any policy referred to in paragraph (1)(A),
or on any portion of any resource management plan related
to such policy or the species to which such policy applies.
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(5) Any amendment prepared pursuant to paragraph
(2) shall be adopted on or before July 31, 1996: Provided,
That any amendment deemed a significant amendment
pursuant to paragraph (3) shall be adopted on or before
December 31, 1996.
(6) No policy referred to in paragraph (1)(A), or any
provision of a resource management plan or other planning
document incorporating such policy, shall be effective on or
after December 31, 1996, or after an amendment is promul-
gated subject to the provisions of this section, whichever oc-
curs first.
(7) On the signing of a record of decision or equivalent
document making an amendment for the Clearwater Na-
tional Forest pursuant to paragraph (2), the requirement
for revision referred to in the Stipulation of Dismissal
dated September 13, 1993, applicable to the Clearwater Na-
tional Forest is deemed to be satisfied, and the interim
management direction provisions contained in the Stipula-
tion of Dismissal shall be of no further effect with respect
to the Clearwater National Forest.
(d) The documents prepared under the authority of
this section shall not be applied or used to regulate non-
Federal lands in the affected States.
Ω153æSEC. 315. (a) The Secretary of the Interior
(acting through the Bureau of Land Management, the Na-
119
HR 1977 PP
tional Park Service and the United States Fish and Wild-
life Service) and the Secretary of Agriculture (acting
through the Forest Service) shall each implement a fee
program to demonstrate the feasibility of user-generated
cost recovery for the operation and maintenance of recre-
ation sites and habitat enhancement projects on Federal
lands.
(b) In carrying out the pilot program established pur-
suant to this section, the appropriate Secretary shall select
from areas under the jurisdiction of each of the four agen-
cies referred to in subsection (a) no fewer than 10, but
as many as 30, sites or projects for fee demonstration.
For each such demonstration, the Secretary, notwith-
standing any other provision of law—
(1) shall charge and collect fees for admission
to the area or for the use of outdoor recreation sites,
facilities, visitor centers, equipment, and services by
individuals and groups, or any combination thereof;
(2) shall establish fees under this section based
upon a variety of cost recovery and fair market valu-
ation methods to provide a broad basis for feasibility
testing;
(3) may contract with any public or private en-
tity to provide visitor services, including reservations
and information, and may accept services of volun-
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teers to collect fees charged pursuant to paragraph
(1); and
(4) may encourage private investment and part-
nerships to enhance the delivery of quality customer
services and resource enhancement, and provide ap-
propriate recognition to such partners or investors.
(c)(1) Amounts collected at each fee demonstration
site in excess of 104 percent of that site’s total collections
during the previous fiscal year shall be distributed as fol-
lows:
(i) Eighty percent of the amounts collected at
the demonstration site shall be deposited in a special
account in the Treasury established for the adminis-
trative unit in which the project is located and shall
remain available for expenditure in accordance with
paragraph (3) for further activities of the site or
project.
(ii) Twenty percent of the amounts collected at
the demonstration site shall be deposited in a special
account in the Treasury for each agency and shall
remain available for expenditure in accordance with
paragraph (3) for use on an agencywide basis.
(2) For purposes of this subsection, ‘‘total collec-
tions’’ for each site shall be defined as gross collections
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before any reduction for amounts attributable to collection
costs.
(3) Expenditures from the special funds shall be ac-
counted for separately.
(4) In order to increase the quality of the visitor expe-
rience at public recreational areas and enhance the protec-
tion of resources, amounts available for expenditure under
paragraph (1) may only be used for the site or project
concerned, for backlogged repair and maintenance projects
(including projects relating to health and safety) and for
interpretation, signage, habitat or facility enhancement,
resource preservation, annual operation, maintenance, and
law enforcement relating to public use. The agencywide
accounts may be used for the same purposes set forth in
the preceding sentence, but for sites or projects selected
at the discretion of the respective agency head.
(d)(1) Amounts collected under this section shall not
be taken into account for the purposes of the Act of May
23, 1908 and the Act of March 1, 1911 (16 U.S.C. 500),
the Act of March 4, 1913 (16 U.S.C. 501), the Act of
July 22, 1937 (7 U.S.C. 1012), the Act of August 8, 1937
and the Act of May 24, 1939 (43 U.S.C. 1181f et seq.),
the Act of June 14, 1926 (43 U.S.C. 869–4), chapter 69
of title 31, United States Code, section 401 of the Act
of June 15, 1935 (16 U.S.C. 715s), the Land and Water
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Conservation Fund Act of 1965 (16 U.S.C. 460l), and any
other provision of law relating to revenue allocation.
(2) Fees charged pursuant to this section shall be in
lieu of fees charged under any other provision of law.
(e) The Secretary of the Interior and the Secretary
of Agriculture shall carry out this section without promul-
gating regulations.
(f) The authority to collect fees under this section
shall commence on October 1, 1995, and end on Septem-
ber 30, 1996. Funds in accounts established shall remain
available through September 30, 1997.
SEC. 315. (a) The Secretary of the Interior (acting
through the Bureau of Land Management, the National
Park Service and the United States Fish and Wildlife Serv-
ice) and the Secretary of Agriculture (acting through the
Forest Service) shall each implement a fee program to dem-
onstrate the feasibility of user-generated cost recovery for
the operation and maintenance of recreation areas or sites
and habitat enhancement projects on Federal lands.
(b) In carrying out the pilot program established pur-
suant to this section, the appropriate Secretary shall select
from areas under the jurisdiction of each of the four agen-
cies referred to in subsection (a) no fewer than 10, but as
many as 50, areas, sites or projects for fee demonstration.
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For each such demonstration, the Secretary, notwithstand-
ing any other provision of law—
(1) shall charge and collect fees for admission to
the area or for the use of outdoor recreation sites, fa-
cilities, visitor centers, equipment, and services by in-
dividuals and groups, or any combination thereof;
(2) shall establish fees under this section based
upon a variety of cost recovery and fair market valu-
ation methods to provide a broad basis for feasibility
testing;
(3) may contract, including provisions for rea-
sonable commissions, with any public or private en-
tity to provide visitor services, including reservations
and information, and may accept services of volun-
teers to collect fees charged pursuant to paragraph
(1);
(4) may encourage private investment and part-
nerships to enhance the delivery of quality customer
services and resource enhancement, and provide ap-
propriate recognition to such partners or investors;
and
(5) may assess a fine of not more than $100 for
any violation of the authority to collect fees for ad-
mission to the area or for the use of outdoor recre-
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ation sites, facilities, visitor centers, equipment, and
services.
(c)(1) Amounts collected at each fee demonstration site
shall be distributed as follows:
(A) Of the amount in excess of 104 percent of the
amount collected in fiscal year 1995, and thereafter
annually adjusted upward by 4 percent, 80 percent to
a special account in the Treasury for use by the agen-
cy which administers the site, to remain available for
expenditures in accordance with paragraph (3)(A).
(B) Of the amount in excess of 104 percent of the
amount collected in fiscal year 1995, and thereafter
annually adjusted upward by 4 percent, 20 percent to
a special account in the Treasury for use by the agen-
cy which administers the site, to remain available for
expenditure in accordance with paragraph (3)(B).
(C) For agencies other than the Fish and Wild-
life Service, up to 15 percent of current year collec-
tions at each site, but not greater than fee collection
costs for that fiscal year, to remain available for ex-
penditure in accordance with paragraph (3)(C).
(D) For agencies other than the Fish and Wild-
life Service, the balance to the special account estab-
lished pursuant to subparagraph (A) of section 4(i)(1)
of the Land and Water Conservation Act as amended.
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(E) For the Fish and Wildlife Service, the bal-
ance shall be distributed in accordance with the Fish
and Wildlife Service Administrative Provisions of this
Act.
(2) For purposes of the subsection, ‘‘total collections’’
for each site shall be defined as gross collections before any
reduction for amounts attributable to collection costs.
(3)(A) Expenditures from site specific special funds
shall be for further activities of each site, and shall be ac-
counted for separately. Expenditures for each site shall be
in proportion to total collections from the demonstration
sites administered by an agency.
(B) Expenditures from agency specific special funds
shall be for use on an agency-wide basis and shall be ac-
counted for separately.
(C) Expenditures from the fee collection support fund
shall be used to cover fee collection costs in accordance with
section 4(i)(1)(B) of the Land and Water Conservation Act
as amended.
(4) In order to increase the quality of the visitor expe-
rience at public recreational areas and enhance the protec-
tion of resources, amounts available for expenditure under
paragraph (1) may only be used for the site or project con-
cerned, for backlogged repair and maintenance projects (in-
cluding projects relating to health and safety) and for inter-
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pretation, signage, habitat or facility enhancement, resource
preservation, annual operation (including fee collection),
maintenance, and law enforcement relating to public use.
The agencywide accounts may be used for the same purposes
set forth in the preceding sentence, but for sites or projects
selected at the discretion of the respective agency head.
(d)(1) Amounts collected under this section shall not
be taken into account for the purposes of the Act of May
23, 1908 and the Act of March 1, 1911 (16 U.S.C. 500),
the Act of March 4, 1913 (16 U.S.C. 501), the Act of July
22, 1937 (7 U.S.C. 1012), the Act of August 8, 1937 and
the Act of May 24, 1939 (43 U.S.C. 1181f et seq.), the Act
of June 14, 1926 (43 U.S.C. 869–4), chapter 69 of title 31,
United States Code, section 401 of the Act of June 15, 1935
(16 U.S.C. 715s), the Land and Water Conservation Fund
Act of 1965 (16 U.S.C. 460l), and any other provision of
law relating to revenue allocation.
(2) Fees charged pursuant to this section shall be in
lieu of fees charged under any other provision of law.
(e) The Secretary of the Interior and the Secretary of
Agriculture shall carry out this section without promulgat-
ing regulations.
(f) The authority to collect fees under this section shall
commence on October 1, 1995, and end on September 30,
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That for public lands known to contain the Northern spot-
ted owl, such salvage sales may be offered as long as the
offering of such sale will not render the area unsuitable
as habitat for the Northern spotted owl: Provided further,
That timber salvage activity in spotted owl habitat is to
be done in full compliance with all existing environmental
and forest management laws.
SEC. 317. None of the funds made available in this
Act may be used for any program, project, or activity
when it is made known to the Federal entity or official
to which the funds are made available that the program,
project, or activity is not in compliance with any applicable
Federal law relating to risk assessment, the protection of
private property rights, or unfunded mandates.
Ω155æSEC. 318. None of the funds provided in this
Act may be made available for the Mississippi River Cor-
ridor Heritage Commission.
Ω156æSEC.
319.
(a)
LIMITATION
ON
USE
OF
FUNDS.—None of the funds made available in this Act
may be used by the Department of Energy in implement-
ing the Codes and Standards Program to plan, propose,
issue, or prescribe any new or amended standard.
(b) CORRESPONDING REDUCTION IN FUNDS.—The
aggregate amount otherwise provided in this Act for ‘‘DE-
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PARTMENT OF ENERGY—Energy Conservation’’ is
hereby reduced by $12,799,000.
Ω157æSEC. 320. None of the funds made available
in this Act may be used by the Department of Energy
in implementing the Codes and Standards Program to
plan, propose, issue, or prescribe any new or amended
standard—
(1) when it is made known to the Federal offi-
cial having authority to obligate or expend such
funds that the Attorney General, in accordance with
section 325(o)(2)(B) of the Energy Policy and Con-
servation Act (42 U.S.C. 6295(o)(2)(B)), determined
that the standard is likely to cause significant anti-
competitive effects;
(2) that the Secretary of Energy, in accordance
with such section 325(o)(2)(B), has determined that
the benefits of the standard do not exceed its bur-
dens; or
(3) that is for fluorescent lamps ballasts.
SEC. 320. None of the funds made available in this
Act shall be used by the Department of Energy in imple-
menting the Codes and Standards Program to propose,
issue, or prescribe any new or amended standard: Provided,
That this section shall expire on September 30, 1996: Pro-
vided further, That nothing in this section shall preclude
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the Federal Government from promulgating rules concern-
ing energy efficiency standards for the construction of new
federally-owned commercial and residential buildings.
SEC. 321. None of the funds made available in this
Act may be used (1) to demolish the bridge between Jersey
City, New Jersey, and Ellis Island; or (2) to prevent pe-
destrian use of such bridge, when it is made known to
the Federal official having authority to obligate or expend
such funds that such pedestrian use is consistent with gen-
erally accepted safety standards.
Ω158æSEC. 322. No funds appropriated or otherwise
made available pursuant to this Act in fiscal year 1996
shall be obligated or expended to accept or process applica-
tions for a patent for any mining or mill site claim located
under the general mining laws or to issue a patent for
any such claim.
SEC. 322. (a) FAIR MARKET VALUE FOR MINERAL
PATENTS.—Except as provided in subsection (c), any pat-
ent issued by the United States under the general mining
laws after the date of enactment of this Act shall be issued
only upon payment by the owner of the claim of the fair
market value for the interest in the land owned by the Unit-
ed States exclusive of and without regard to the mineral
deposits in the land or the use of the land. For the purposes
of this section, ‘‘general mining laws’’ means those Acts
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which generally comprise chapters 2, 11, 12, 12A, 15, and
16, and sections 161 and 162, of title 30 of the United
States Code, all Acts heretofore enacted which are amend-
atory of or supplementary to any of the foregoing Acts, and
the judicial and administrative decisions interpreting such
Acts.
(b) RIGHT OF REENTRY.—
(1) IN GENERAL.—Except as provided in sub-
section (c), and notwithstanding any other provision
of law, a patent issued under subsection (a) shall be
subject to a right of reentry by the United States if
it is used by the patentee for any purpose other than
for conducting mineral activities in good faith and
such unauthorized use is not discontinued as provided
in subsection (b)(2). For the purpose of this section,
the term ‘‘mineral activities’’ means any activity re-
lated to, or incidental to, exploration for or develop-
ment, mining, production, beneficiation, or processing
of any locatable mineral or mineral that would be
locatable if it were on Federal land, or reclamation
of the impacts of such activities.
(2) NOTICE BY THE SECRETARY.—If the patented
estate is used by the patentee for any purpose other
than for conducting mineral activities in good faith,
the Secretary of the Interior shall serve on all owners
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of interests in such patented estate, in the manner
prescribed for service of a summons and complaint
under the Federal Rules of Civil Procedure, notice
specifying such unauthorized use and providing not
more than 90 days in which such unauthorized use
must be terminated. The giving of such notice shall
constitute final agency action appealable by any
owner of an interest in such patented estate. The Sec-
retary may exercise the right of reentry as provided
in subsection (b)(3) if such unauthorized use has not
been terminated in the time provided in this para-
graph, and only after all appeal rights have expired
and any appeals of such notice have been finally de-
termined.
(3) RIGHT OF REENTRY.—The Secretary may ex-
ercise the right of the United States to reenter such
patented estate by filing a declaration of reentry in
the office of the Bureau of Land Management des-
ignated by the Secretary and recording such declara-
tion where the notice or certificate of location for the
patented claim or site is recorded under State law.
Upon the filing and recording of such declaration, all
right, title and interest in such patented estate shall
revert to the United States. Lands and interests in
lands for which the United States exercises its right
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of reentry under this section shall remain open to the
location of mining claims and mill sites, unless with-
drawn under other applicable law.
(c) PATENTS EXCEPTED FROM REQUIREMENTS.—The
requirements of subsections (a) and (b) of this section shall
not apply to the issuance of those patents whose applica-
tions were excepted under section 113 of Pub. L. No. 103–
322, 108 Stat. 2499, 2519 (1994), from the prohibition on
funding contained in section 112 of that Act. Such patents
shall be issued under the general mining laws in effect prior
to the date of enactment of this Act.
(d) PROCESSING
OF
PENDING
PATENT
APPLICA-
TIONS.—
(1) PROCESSING SCHEDULE.—For those applica-
tions for patent under the general mining laws which
are pending at the date of enactment of this Act, or
any amendments to or resubmittals of such patent ap-
plications, the Secretary of the Interior shall—
(A) Within three months of the enactment of
this Act, file with the House and Senate Com-
mittees on Appropriations and the Committee on
Resources of the House of Representatives and
the Committee on Energy and Natural Resources
of the United States Senate a plan which details
how the Department of the Interior will take
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SEC. 323. None of the funds appropriated or other-
wise made available by this Act may be used for the pur-
poses of acquiring lands in the counties of Lawrence, Mon-
roe, or Washington, Ohio, for the Wayne National Forest.
Ω159æSEC. 324. No part of any appropriation con-
tained in this Act or any other Act shall be expended or
obligated to fund the activities of the Office of Forestry and
Economic Development after December 31, 1995.
Ω160æSEC. 325. No part of any appropriation con-
tained in this Act or any other Act shall be expended or
obligated to: (a) redefine the definition of an area in which
a marbled murrelet is ‘‘known to be nesting’’; or (b) to mod-
ify the protocol for surveying for marbled murrelets in effect
on July 21, 1995.
Ω161æSEC. 326. (a) LAND EXCHANGE.—The Secretary
of the Interior (hereinafter referred to as the ‘‘Secretary’’)
is authorized to convey to the Boise Cascade Corporation
(hereinafter referred to as the ‘‘Corporation’’), a corporation
formed under the statutes of the State of Delaware, with
its principal place of business at Boise, Idaho, title to ap-
proximately seven acres of land, more or less, located in
sections 14 and 23, township 36 north, range 37 east, Wil-
lamette Meridian, Stevens County, Washington, further
identified in the records of the Bureau of Reclamation, De-
partment of the Interior, as Tract No. GC–19860, and to
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accept from the Corporation in exchange therefor, title to
approximately one hundred and thirty-six acres of land lo-
cated in section 19, township 37 north, range 38 east and
section 33, township 38 north, range 37 east, Willamette
Meridian, Stevens County, Washington, and further identi-
fied in the records of the Bureau of Reclamation, Depart-
ment of the Interior, as Tract No. GC–19858 and Tract
No. GC–19859, respectively.
(b) APPRAISAL.—The properties so exchanged either
shall be approximately equal in fair market value or if they
are not approximately equal, shall be equalized by the pay-
ment of cash to the Corporation or to the Secretary as re-
quired or in the event the value of the Corporation’s lands
is greater, the acreage may be reduced so that the fair mar-
ket value is approximately equal: Provided, That the Sec-
retary shall order appraisals made of the fair market value
of each tract of land included in the exchange without con-
sideration for improvements thereon: Provided further, That
any cash payment received by the Secretary shall be covered
in the Reclamation Fund and credited to the Columbia
Basin project.
(c) ADMINISTRATIVE COSTS.—Costs of conducting the
necessary land surveys, preparing the legal descriptions of
the lands to be conveyed, performing the appraisals, and
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administrative costs incurred in completing the exchange
shall be borne by the Corporation.
(d) LIABILITY
FOR HAZARDOUS SUBSTANCES.—(1)
The Secretary shall not acquire any lands under this Act
if the Secretary determines that such lands, or any portion
thereof, have become contaminated with hazardous sub-
stances (as defined in the Comprehensive Environmental
Response, Compensation, and Liability Act (42 U.S.C.
9601)).
(2) Notwithstanding any other provision of law, the
United States shall have no responsibility or liability with
respect to any hazardous wastes or other substances placed
on any of the lands covered by this Act after their transfer
to the ownership of any party, but nothing in this Act shall
be construed as either diminishing or increasing any re-
sponsibility or liability of the United States based on the
condition of such lands on the date of their transfer to the
ownership of another party. The Corporation shall indem-
nify the United States for liabilities arising under the Com-
prehensive Environmental Response, Compensation, and
Liability Act (42 U.S.C. 9601), and the Resource Conserva-
tion Recovery Act (42 U.S.C. 6901 et seq.).
(e) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated such sums as may be nec-
essary to carry out the purposes of this Act.
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Ω162æSEC. 327. TIMBER SALES PIPELINE RESTORA-
TION FUNDS.—(a) The Secretary of Agriculture and the
Secretary of the Interior shall each establish a Timber Sales
Pipeline Restoration Fund (hereinafter ‘‘Agriculture Fund’’
and ‘‘Interior Fund’’ or ‘‘Funds’’). Any revenues received
from sales released under section 2001(k) of the Fiscal Year
1995 Supplemental Appropriations for Disaster Assistance
and Rescissions Act, minus the funds necessary to make
payments to States or local governments under other law
concerning the distribution of revenues derived from the af-
fected lands, which are in excess of $37,500,000 (hereinafter
‘‘excess revenues’’) shall be deposited into the Funds. The
distribution of excess revenues between the Agriculture
Fund and Interior Fund shall be calculated by multiplying
the total of excess revenues times a fraction with a denomi-
nator of the total revenues received from all sales released
under such section 2001(k) and numerators of the total reve-
nues received from such sales on lands within the National
Forest System and the total revenues received from such
sales on lands administered by the Bureau of Land Man-
agement, respectively: Provided, That revenues or portions
thereof from sales released under such section 2001(k),
minus the amounts necessary for State and local govern-
ment payments and other necessary deposits, may be depos-
ited into the Funds immediately upon receipt thereof and
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subsequently redistributed between the Funds or paid into
the United States Treasury as miscellaneous receipts as
may be required when the calculation of excess revenues is
made.
(b)(1) From the funds deposited into the Agriculture
Fund and into the Interior Fund pursuant to subsection
(a)—
(A) seventy-five percent shall be available, with-
out fiscal year limitation or further appropriation,
for preparation of timber sales, other than salvage
sales as defined in section 2001(a)(3) of the fiscal
year 1995 Supplemental Appropriations for Disaster
Assistance and Rescissions Act, which—
(i) are situated on lands within the Na-
tional Forest System and lands administered by
the Bureau of Land Management, respectively;
and
(ii) are in addition to timber sales for
which funds are otherwise available in this Act
or other appropriations acts.
(B) twenty-five percent shall be available, with-
out fiscal year limitation or further appropriation, to
expend on the backlog of recreation projects on lands
within the National Forest System and lands admin-
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istered by the Bureau of Land Management, respec-
tively.
(2) Expenditures under this subsection for preparation
of timber sales may include expenditures for Forest Service
activities within the forest land management budget line
item and associated timber roads, and Bureau of Land
Management activities within the Oregon and California
grant lands account and the forestry management area ac-
count, as determined by the Secretary concerned.
(c) Revenues received from any timber sale prepared
under subsection (b) or under this subsection, minus the
amounts necessary for State and local government pay-
ments and other necessary deposits, shall be deposited into
the Fund from which funds were expended on such sale.
Such deposited revenues shall be available for preparation
of additional timber sales and completion of additional
recreation projects in accordance with the requirements set
forth in subsection (b).
(d) The Secretary concerned shall terminate all pay-
ments into the Agriculture Fund or the Interior Fund, and
pay any unobligated funds in the affected Fund into the
United States Treasury as miscellaneous receipts, whenever
the Secretary concerned makes a finding, published in the
Federal Register, that sales sufficient to achieve the total
allowable sales quantity of the national forest system for
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the Forest Service or the allowable sales level for the Oregon
and California grant lands for the Bureau of Land Man-
agement, respectively, have been prepared.
(e) Any timber sales prepared and recreation projects
completed under this section shall comply with all applica-
ble environmental and natural resource laws and regula-
tions.
(f) The Secretary concerned shall report annually to
the Committees on Appropriations of the U.S. Senate and
the House of Representatives on expenditures made from the
Fund for timber sales and recreation projects, revenues re-
ceived into the Fund from timber sales, and timber sale
preparation and recreation project work undertaken during
the previous year and projected for the next year under the
Fund. Such information shall be provided for each Forest
Service region and Bureau of Land Management State of-
fice.
(g) The authority of this section shall terminate upon
the termination of both Funds in accordance with the provi-
sions of subsection (d).
Ω163æSEC. 328. Notwithstanding any other provision
of law, none of the funds provided in this or any other act
shall be available for travel and training expenses for the
Bureau of Indian Affairs or the Office of Indian Education
for education conferences or training activities.
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Ω164æSEC. 329. Of the funds provided to the National
Endowment for the Arts:
(a) The Chairperson shall only award a grant to
an individual if such grant is awarded to such indi-
vidual for a literature fellowship, National Heritage
Fellowship, or American Jazz Masters Fellowship.
(b) The Chairperson shall establish procedures to
ensure that no funding provided through a grant, ex-
cept a grant made to a State or regional group, may
be used to make a grant to any other organization or
individual to conduct activity independent of the di-
rect grant recipient. Nothing in this subsection shall
prohibit payments made in exchange for goods and
services.
(c) No grant shall be used for seasonal support
to a group, unless the application is specific to the
contents of the season, including identified programs
and/or projects.
Ω165æSEC. 330. DELAY IN IMPLEMENTATION OF THE ADMIN-
ISTRATION’S 
RANGELAND 
REFORM 
PRO-
GRAM.
None of the funds made available under this or any
other Act may be used to implement or enforce the final
rule published by the Secretary of the Interior on February
22, 1995 (60 Fed. Reg. 9894), making amendments to parts
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4, 1780, and 4100 of title 43, Code of Federal Regulations,
to take effect August 21, 1995, until November 21, 1995.
None of the funds made available under this or any other
Act may be used to publish proposed or enforce final regula-
tions governing the management of livestock grazing on
lands administered by the Forest Service until November
21, 1995.
Ω166æSEC. 331. (a)(1) The head of each agency re-
ferred to in paragraph (2) shall submit to the President
each year, through the head of the department having juris-
diction over the agency, a land acquisition ranking for the
agency concerned for the fiscal year beginning after the date
of the submittal of the report.
(2) The heads of agencies referred to in paragraph (1)
are the following:
(A) The Director of the National Park Service in
the case of the National Park Service.
(B) The Director of the Fish and Wildlife Service
in the case of the Fish and Wildlife Service.
(C) The Director of the Bureau of Land Manage-
ment in the case of the Bureau of Land Management.
(D) The Chief of the Forest Service in the case
of the Forest Service.
(3) In this section, the term ‘‘land acquisition rank-
ing’’, in the case of a Federal agency, means a statement
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of the order of precedence of the land acquisition proposals
of the agency, including a statement of the order of prece-
dence of such proposals for each organizational unit of the
agency.
(b) The President shall include the land acquisition
rankings for a fiscal year that are submitted to the Presi-
dent under subsection (a)(1) in the supporting information
submitted to Congress with the budget for that fiscal year
under section 1105 of title 31, United States Code.
(c)(1) The head of the agency concerned shall deter-
mine the order of precedence of land acquisitions proposals
under subsection (a)(1) in accordance with criteria that the
Secretary of the Department having jurisdiction over the
agency shall prescribe.
(2) The criteria prescribed under paragraph (1) shall
provide for a determination of the order of precedence of
land acquisition proposals through consideration of—
(A) the natural resources located on the land cov-
ered by the acquisition proposals;
(B) the degree to which such resources are threat-
ened;
(C) the length of time required for the acquisi-
tion of the land;
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(D) the extend, if any, to which an increase in
the cost of the land covered by the proposals makes
timely completion of the acquisition advisable;
(E) the extent of public support for the acquisi-
tion of the land; and
(F) such other matters as the Secretary con-
cerned shall prescribe.
Ω167æSEC. 332. Section 1864 of title 18, United States
Code, is amended—
(1) in subsection (b)—
(A) in paragraph (2), by striking ‘‘twenty’’
and inserting ‘‘40’’;
(B) in paragraph (3), by striking ‘‘ten’’ and
inserting ‘‘20’’;
(C) in paragraph (4), by striking ‘‘if dam-
age exceeding $10,000 to the property of any in-
dividual results,’’ and inserting ‘‘if damage to
the property of any individual results or if
avoidance costs have been incurred exceeding
$10,000, in the aggregate,’’; and
(D) in paragraph (4), by striking ‘‘ten’’
and inserting ‘‘20’’;
(2) in subsection (c) by striking ‘‘ten’’ and in-
serting ‘‘20’’;
(3) in subsection (d), by—
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(A) striking ‘‘and’’ at the end of paragraph
(2);
(B) striking the period at the end of para-
graph (3) and inserting ‘‘; and’’; and
(C) adding at the end the following:
‘‘(4) the term ‘avoidance costs’ means costs in-
curred by any individual for the purpose of—
‘‘(A) detecting a hazardous or injurious de-
vice; or
‘‘(B) preventing death, serious bodily in-
jury, bodily injury, or property damage likely to
result from the use of a hazardous or injurious
device in violation of subsection (a).’’; and
(4) by adding at the end thereof the following:
‘‘(e) Any person injured as the result of a violation
of subsection (a) may commence a civil action on his own
behalf against any person who is alleged to be in violation
of subsection (a). The district courts shall have jurisdiction,
without regard to the amount in controversy or the citizen-
ship of the parties, in such civil actions. The court may
award, in addition to monetary damages for any injury
resulting form an alleged violation of subsection (a), costs
of litigation, including reasonable attorney and expert wit-
ness fees, to any prevailing or substantially prevailing
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party, whenever the court determines such award is appro-
priate.’’.
Ω168æSEC. 333. Notwithstanding any other provision
of law, none of the funds authorized to be appropriated pur-
suant to this Act may be used to promote, disseminate,
sponsor or produce materials or performances which deni-
grate the objects or beliefs of the adherents of a particular
religion.
Ω169æSEC. 334. Notwithstanding any other provision
of law, none of the funds made available to the National
Endowment for the Arts under this Act may be used to pro-
mote, disseminate, sponsor, or produce materials or per-
formances that depict or describe, in a patently offensive
way, sexual or excretory activities or organs.
Ω170æSEC. 335. Public Law 94–158 is modified to ex-
tend the scope of the Arts and Artifacts Indemnity Act to
include exhibitions originating in the United States and
touring the United States for indemnification subject to the
availability of funds.
Ω171æSEC. 336. ENERGY SAVINGS AT FEDERAL FACILITIES.
(a) REDUCTION IN FACILITIES ENERGY COSTS.—The
head of each agency for which funds are made available
under this Act shall take all actions necessary to achieve
during fiscal year 1996 a 5 percent reduction, from fiscal
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year 1995 levels, in the energy costs of the facilities used
by the agency.
(b) USE OF COST SAVINGS.—An amount equal to the
amount of cost savings realized by an agency under sub-
section (a) shall remain available for obligation through the
end of fiscal year 1997, without further authorization or
appropriation, as follows:
(1) CONSERVATION MEASURES.—Fifty percent of
the amount shall remain available for the implemen-
tation of additional energy conservation measures
and for water conservation measures at such facilities
used by the agency as are designated by the head of
the agency.
(2) OTHER
PURPOSES.—Fifty percent of the
amount shall remain available for use by the agency
for such purposes as are designated by the head of the
agency, consistent with applicable law.
(c) REPORT.—
(1) IN GENERAL.—Not later than December 31,
1996, the head of each agency described in subsection
(a) shall submit a report to Congress specifying the
results of the actions taken under subsection (a) and
providing any recommendations concerning how to
further reduce energy costs and energy consumption
in the future.
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(2) CONTENTS.—Each report shall—
(A) specify the total energy costs of the fa-
cilities used by the agency;
(B) identify the reductions achieved; and
(C) specify the actions that resulted in the
reductions.
Ω172æSEC. 337. DISTRIBUTION OF INDIAN HEALTH SERVICE
PROFESSIONALS.
(a) IN GENERAL.—To ensure that the Secretary of
Health and Human Services (hereafter in this section re-
ferred to as the ‘‘Secretary’’), acting through the Indian
Health Service, is making efforts to meet the health care
needs of Indian tribes (as defined in section 4(e) of the In-
dian Self-Determination and Education Assistance Act (25
U.S.C. 450b(e)) in an equitable manner, the Secretary
shall, not later than April 30, 1996, submit to the Congress
a report that meets the requirements of subsection (b).
(b) CONTENTS OF REPORT.—The report prepared by
the Secretary under this section shall—
(1) contain a comparative analysis of the Indian
Health Service staffing that includes comparisons of
health care facilities (including clinics) and service
units (as defined in section 4(j) of the Indian Health
Care Improvement Act (25 U.S.C. 1603(j));
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(2) for each health care facility of the Indian
Health Service (as determined by the Secretary), de-
termine, for each health profession (as defined in sec-
tion 4(n) of the Indian Health Care Improvement Act
(25 U.S.C. 1603(n)), the ratio of—
(A) the number of members of that health
profession that provide health services in that fa-
cility; to
(B) the number of patients served by the
members of that health profession in that facil-
ity;
(3) provide a comparative nationwide analysis
of health care facilities of the Indian Health Service
based on the ratios determined under paragraph (2)
in order to ascertain whether each service area (as de-
fined in section 4(m) of the Indian Health Care Im-
provement Act (25 U.S.C. 1603(m) is providing an
equitable level of health services; and
(4) provide an analysis of—
(A) the overall levels of staffing of all types
of health professions, support staff, and adminis-
trative staff at facilities referred to in paragraph
(3); and
(B) the distribution of the staffing referred
to in subparagraph (A) by service unit.
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Ω173æSEC. 338. HIV-AIDS PREVENTION AND TREATMENT
PLAN.
(a) REPORT.—Not later than March 1, 1996, the Sec-
retary of Health and Human Services (hereafter in this sec-
tion referred to as the ‘‘Secretary’’), acting through the In-
dian Health Service and in consultation with Indian tribes
(as defined in section 4(d) of the Indian Health Care Im-
provement Act (25 U.S.C. 1603(d)), shall prepare and sub-
mit to the Congress a report that evaluates—
(1) the incidences of HIV and AIDS among In-
dian tribes;
(2) the services provided under title XXVI of the
Public Health Service Act to members of Indian
tribes living with HIV and AIDS;
(3) the unmet needs, including preventive edu-
cational needs, of members of Indian tribes living
with HIV and AIDS who use the Indian Health Serv-
ice for their primary health care;
(4) the internal capacity of each service unit of
the Indian Health Service to meet the existing need;
and
(5) the resources, including education, needed to
meet existing and projected need.
(b) SERVICE PLAN.—The Secretary, acting through the
Indian Health Service and in consultation with Indian
tribes, shall develop and implement a plan of action for
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meeting the existing and projected needs, which based on
the evaluation conducted pursuant to subsection (a), are de-
termined to be unmet.
This Act may be cited as the ‘‘Department of the In-
terior and Related Agencies Appropriations Act, 1996’’.
Passed the House of Representatives August 10,
1995.
Attest:
ROBIN H. CARLE,
Clerk.
Passed the Senate August 9 (legislative day, July
10), 1995.
Attest:
KELLY D. JOHNSTON,
Secretary.
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