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‘‘(B) The court shall appoint a special master
under this subsection during the remedial phase of
the action only upon a finding that the remedial
phase will be sufficiently complex to warrant the ap-
pointment.
‘‘(2) APPOINTMENT.—(A) If the court deter-
mines that the appointment of a special master is
necessary, the court shall request that the defendant
institution and the plaintiff each submit a list of not
more than 5 persons to serve as a special master.
‘‘(B) Each party shall have the opportunity to
remove up to 3 persons from the opposing party’s
list.
‘‘(C) The court shall select the master from the
persons remaining on the list after the operation of
subparagraph (B).
‘‘(3) INTERLOCUTORY
APPEAL.—Any party
shall have the right to an interlocutory appeal of the
judge’s selection of the special master under this
subsection, on the ground of partiality.
‘‘(4) COMPENSATION.—The compensation to be
allowed to a special master under this section shall
be based on an hourly rate not greater than the
hourly rate established under section 3006A for pay-
ment of court-appointed counsel, plus costs reason-
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ably incurred by the special master. Such compensa-
tion and costs shall be paid with funds appropriated
to the Judiciary.
‘‘(5) REGULAR REVIEW OF APPOINTMENT.—In
any civil action with respect to prison conditions in
which a special master is appointed under this sub-
section, the court shall review the appointment of
the special master every 6 months to determine
whether the services of the special master continue
to be required under paragraph (1). In no event
shall the appointment of a special master extend be-
yond the termination of the relief.
‘‘(6) LIMITATIONS ON POWERS AND DUTIES.—
A special master appointed under this subsection—
‘‘(A) may be authorized by a court to con-
duct hearings and prepare proposed findings of
fact, which shall be made on the record;
‘‘(B) shall not make any findings or com-
munications ex parte;
‘‘(C) may be authorized by a court to as-
sist in the development of remedial plans; and
‘‘(D) may be removed at any time, but
shall be relieved of the appointment upon the
termination of relief.
‘‘(g) DEFINITIONS.—As used in this section—
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‘‘(1) the term ‘consent decree’ means any relief
entered by the court that is based in whole or in
part upon the consent or acquiescence of the parties
but does not include private settlements;
‘‘(2) the term ‘civil action with respect to prison
conditions’ means any civil proceeding arising under
Federal law with respect to the conditions of con-
finement or the effects of actions by government of-
ficials on the lives of persons confined in prison, but
does not include habeas corpus proceedings challeng-
ing the fact or duration of confinement in prison;
‘‘(3) the term ‘prisoner’ means any person sub-
ject to incarceration, detention, or admission to any
facility who is accused of, convicted of, sentenced
for, or adjudicated delinquent for, violations of
criminal law or the terms and conditions of parole,
probation, pretrial release, or diversionary program;
‘‘(4) the term ‘prisoner release order’ includes
any order, including a temporary restraining order
or preliminary injunctive relief, that has the purpose
or effect of reducing or limiting the prison popu-
lation, or that directs the release from or
nonadmission of prisoners to a prison;
‘‘(5) the term ‘prison’ means any Federal,
State, or local facility that incarcerates or detains
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juveniles or adults accused of, convicted of, sen-
tenced for, or adjudicated delinquent for, violations
of criminal law;
‘‘(6) the term ‘private settlement agreement’
means an agreement entered into among the parties
that is not subject to judicial enforcement other than
the reinstatement of the civil proceeding that the
agreement settled;
‘‘(7) the term ‘prospective relief’ means all re-
lief other than compensatory monetary damages;
‘‘(8) the term ‘special master’ means any per-
son appointed by a Federal court pursuant to Rule
53 of the Federal Rules of Civil Procedure or pursu-
ant to any inherent power of the court to exercise
the powers of a master, regardless of the title or de-
scription given by the court; and
‘‘(9) the term ‘relief’ means all relief in any
form that may be granted or approved by the court,
and includes consent decrees but does not include
private settlement agreements.’’.
(b) APPLICATION OF AMENDMENT.—
(1) IN
GENERAL.—Section 3626 of title 18,
United States Code, as amended by this section,
shall apply with respect to all prospective relief
whether such relief was originally granted or ap-
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proved before, on, or after the date of the enactment
of this title.
(2) TECHNICAL AMENDMENT.—Subsections (b)
and (d) of section 20409 of the Violent Crime Con-
trol and Law Enforcement Act of 1994 are repealed.
(c) CLERICAL AMENDMENT.—The table of sections
at the beginning of subchapter C of chapter 229 of title
18, United States Code, is amended to read as follows:
‘‘3626. Appropriate remedies with respect to prison conditions.’’.
SEC. 803. AMENDMENTS TO CIVIL RIGHTS OF INSTITU-
TIONALIZED PERSONS ACT.
(a) INITIATION OF CIVIL ACTIONS.—Section 3(c) of
the Civil Rights of Institutionalized Persons Act (42
U.S.C. 1997a(c)) (referred to in this section as the ‘‘Act’’)
is amended to read as follows:
‘‘(c) The Attorney General shall personally sign any
complaint filed pursuant to this section.’’.
(b) CERTIFICATION REQUIREMENTS.—Section 4 of
the Act (42 U.S.C. 1997b) is amended—
(1) in subsection (a)—
(A) by striking ‘‘he’’ each place it appears
and inserting ‘‘the Attorney General’’; and
(B) by striking ‘‘his’’ and inserting ‘‘the
Attorney General’s’’; and
(2) by amending subsection (b) to read as fol-
lows:
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‘‘(b) The Attorney General shall personally sign any
certification made pursuant to this section.’’.
(c) INTERVENTION IN ACTIONS.—Section 5 of the
Act (42 U.S.C. 1997c) is amended—
(1) in subsection (b)—
(A) in paragraph (1), by striking ‘‘he’’
each place it appears and inserting ‘‘the Attor-
ney General’’; and
(B) by amending paragraph (2) to read as
follows:
‘‘(2) The Attorney General shall personally sign any
certification made pursuant to this section.’’; and
(2) by amending subsection (c) to read as fol-
lows:
‘‘(c) The Attorney General shall personally sign any
motion to intervene made pursuant to this section.’’.
(d) SUITS BY PRISONERS.—Section 7 of the Act (42
U.S.C. 1997e) is amended to read as follows:
‘‘SEC. 7. SUITS BY PRISONERS.
‘‘(a) APPLICABILITY
OF
ADMINISTRATIVE
REM-
EDIES.—No action shall be brought with respect to prison
conditions under section 1979 of the Revised Statutes of
the United States (42 U.S.C. 1983), or any other Federal
law, by a prisoner confined in any jail, prison, or other
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correctional facility until such administrative remedies as
are available are exhausted.
‘‘(b) FAILURE OF STATE TO ADOPT OR ADHERE TO
ADMINISTRATIVE GRIEVANCE PROCEDURE.—The failure
of a State to adopt or adhere to an administrative griev-
ance procedure shall not constitute the basis for an action
under section 3 or 5 of this Act.
‘‘(c) DISMISSAL.—(1) The court shall on its own mo-
tion or on the motion of a party dismiss any action
brought with respect to prison conditions under section
1979 of the Revised Statutes of the United States (42
U.S.C. 1983), or any other Federal law, by a prisoner con-
fined in any jail, prison, or other correctional facility if
the court is satisfied that the action is frivolous, malicious,
fails to state a claim upon which relief can be granted,
or seeks monetary relief from a defendant who is immune
from such relief.
‘‘(2) In the event that a claim is, on its face, frivolous,
malicious, fails to state a claim upon which relief can be
granted, or seeks monetary relief from a defendant who
is immune from such relief, the court may dismiss the un-
derlying claim without first requiring the exhaustion of ad-
ministrative remedies.
‘‘(d) ATTORNEY’S FEES.—(1) In any action brought
by a prisoner who is confined to any jail, prison, or other
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correctional facility, in which attorney’s fees are author-
ized under section 2 of the Revised Statutes of the United
States (42 U.S.C. 1988), such fees shall not be awarded,
except to the extent that—
‘‘(A) the fee was directly and reasonably in-
curred in proving an actual violation of the plain-
tiff’s rights protected by a statute pursuant to which
a fee may be awarded under section 2 of the Revised
Statutes; and
‘‘(B)(i) the amount of the fee is proportionately
related to the court ordered relief for the violation;
or
‘‘(ii) the fee was directly and reasonably in-
curred in enforcing the relief ordered for the viola-
tion.
‘‘(2) Whenever a monetary judgment is awarded in
an action described in paragraph (1), a portion of the
judgment (not to exceed 25 percent) shall be applied to
satisfy the amount of attorney’s fees awarded against the
defendant. If the award of attorney’s fees is not greater
than 150 percent of the judgment, the excess shall be paid
by the defendant.
‘‘(3) No award of attorney’s fees in an action de-
scribed in paragraph (1) shall be based on an hourly rate
greater than 150 percent of the hourly rate established
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under section 3006A of title 18, United States Code, for
payment of court-appointed counsel.
‘‘(4) Nothing in this subsection shall prohibit a pris-
oner from entering into an agreement to pay an attorney’s
fee in an amount greater than the amount authorized
under this subsection, if the fee is paid by the individual
rather than by the defendant pursuant to section 2 of the
Revised Statutes of the United States (42 U.S.C. 1988).
‘‘(e) LIMITATION ON RECOVERY.—No Federal civil
action may be brought by a prisoner confined in a jail,
prison, or other correctional facility, for mental or emo-
tional injury suffered while in custody without a prior
showing of physical injury.
‘‘(f) HEARINGS.—(1) To the extent practicable, in
any action brought with respect to prison conditions in
Federal court pursuant to section 1979 of the Revised
Statutes of the United States (42 U.S.C. 1983), or any
other Federal law, by a prisoner confined in any jail, pris-
on, or other correctional facility, pretrial proceedings in
which the prisoner’s participation is required or permitted
shall be conducted by telephone, video conference, or other
telecommunications technology without removing the pris-
oner from the facility in which the prisoner is confined.
‘‘(2) Subject to the agreement of the official of the
Federal, State, or local unit of government with custody
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over the prisoner, hearings may be conducted at the facil-
ity in which the prisoner is confined. To the extent prac-
ticable, the court shall allow counsel to participate by tele-
phone, video conference, or other communications tech-
nology in any hearing held at the facility.
‘‘(g) WAIVER OF REPLY.—(1) Any defendant may
waive the right to reply to any action brought by a pris-
oner confined in any jail, prison, or other correctional fa-
cility under section 1979 of the Revised Statutes of the
United States (42 U.S.C. 1983) or any other Federal law.
Notwithstanding any other law or rule of procedure, such
waiver shall not constitute an admission of the allegations
contained in the complaint. No relief shall be granted to
the plaintiff unless a reply has been filed.
‘‘(2) The court may require any defendant to reply
to a complaint brought under this section if it finds that
the plaintiff has a reasonable opportunity to prevail on the
merits.
‘‘(h) DEFINITION.—As used in this section, the term
‘prisoner’ means any person incarcerated or detained in
any facility who is accused of, convicted of, sentenced for,
or adjudicated delinquent for, violations of criminal law
or the terms and conditions of parole, probation, pretrial
release, or diversionary program.’’.
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(e) REPORT TO CONGRESS.—Section 8 of the Act (42
U.S.C. 1997f) is amended by striking ‘‘his report’’ and
inserting ‘‘the report’’.
(f) NOTICE TO FEDERAL DEPARTMENTS.—Section
10 of the Act (42 U.S.C. 1997h) is amended—
(1) by striking ‘‘his action’’ and inserting ‘‘the
action’’; and
(2) by striking ‘‘he is satisfied’’ and inserting
‘‘the Attorney General is satisfied’’.
SEC. 804. PROCEEDINGS IN FORMA PAUPERIS.
(a) FILING FEES.—Section 1915 of title 28, United
States Code, is amended—
(1) in subsection (a)—
(A) by striking ‘‘(a) Any’’ and inserting
‘‘(a)(1) Subject to subsection (b), any’’;
(B) by striking ‘‘and costs’’;
(C) by striking ‘‘makes affidavit’’ and in-
serting ‘‘submits an affidavit that includes a
statement of all assets such prisoner possesses’’;
(D) by striking ‘‘such costs’’ and inserting
‘‘such fees’’;
(E) by striking ‘‘he’’ each place it appears
and inserting ‘‘the person’’;
(F) by adding immediately after paragraph
(1), the following new paragraph:
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‘‘(2) A prisoner seeking to bring a civil action or ap-
peal a judgment in a civil action or proceeding without
prepayment of fees or security therefor, in addition to fil-
ing the affidavit filed under paragraph (1), shall submit
a certified copy of the trust fund account statement (or
institutional equivalent) for the prisoner for the 6-month
period immediately preceding the filing of the complaint
or notice of appeal, obtained from the appropriate official
of each prison at which the prisoner is or was confined.’’;
and
(G) by striking ‘‘An appeal’’ and inserting
‘‘(3) An appeal’’;
(2) by redesignating subsections (b), (c), (d),
and (e) as subsections (c), (d), (e), and (f), respec-
tively;
(3) by inserting after subsection (a) the follow-
ing new subsection:
‘‘(b)(1) Notwithstanding subsection (a), if a prisoner
brings a civil action or files an appeal in forma pauperis,
the prisoner shall be required to pay the full amount of
a filing fee. The court shall assess and, when funds exist,
collect, as a partial payment of any court fees required
by law, an initial partial filing fee of 20 percent of the
greater of—
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‘‘(A) the average monthly deposits to the pris-
oner’s account; or
‘‘(B) the average monthly balance in the pris-
oner’s account for the 6-month period immediately
preceding the filing of the complaint or notice of ap-
peal.
‘‘(2) After payment of the initial partial filing fee,
the prisoner shall be required to make monthly payments
of 20 percent of the preceding month’s income credited
to the prisoner’s account. The agency having custody of
the prisoner shall forward payments from the prisoner’s
account to the clerk of the court each time the amount
in the account exceeds $10 until the filing fees are paid.
‘‘(3) In no event shall the filing fee collected exceed
the amount of fees permitted by statute for the commence-
ment of a civil action or an appeal of a civil action or
criminal judgment.
‘‘(4) In no event shall a prisoner be prohibited from
bringing a civil action or appealing a civil or criminal judg-
ment for the reason that the prisoner has no assets and
no means by which to pay the initial partial filing fee.’’;
(4) in subsection (c), as redesignated by para-
graph (2), by striking ‘‘subsection (a) of this sec-
tion’’ and inserting ‘‘subsections (a) and (b) and the
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prepayment of any partial filing fee as may be re-
quired under subsection (b)’’; and
(5) by amending subsection (e), as redesignated
by paragraph (2), to read as follows:
‘‘(e)(1) The court may request an attorney to rep-
resent any person unable to afford counsel.
‘‘(2) Notwithstanding any filing fee, or any portion
thereof, that may have been paid, the court shall dismiss
the case at any time if the court determines that—
‘‘(A) the allegation of poverty is untrue; or
‘‘(B) the action or appeal—
‘‘(i) is frivolous or malicious;
‘‘(ii) fails to state a claim on which relief
may be granted; or
‘‘(iii) seeks monetary relief against a de-
fendant who is immune from such relief.’’.
(b) EXCEPTION TO DISCHARGE OF DEBT IN BANK-
RUPTCY PROCEEDING.—Section 523(a) of title 11, United
States Code, is amended—
(1) in paragraph (16), by striking the period at
the end and inserting ‘‘; or’’; and
(2) by adding at the end the following new
paragraph:
‘‘(17) for a fee imposed by a court for the filing
of a case, motion, complaint, or appeal, or for other
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costs and expenses assessed with respect to such fil-
ing, regardless of an assertion of poverty by the
debtor under section 1915 (b) or (f) of title 28, or
the debtor’s status as a prisoner, as defined in sec-
tion 1915(h) of title 28.’’.
(c) COSTS.—Section 1915(f) of title 28, United
States Code (as redesignated by subsection (a)(2)), is
amended—
(1) by striking ‘‘(f) Judgment’’ and inserting
‘‘(f)(1) Judgment’’;
(2) by striking ‘‘cases’’ and inserting ‘‘proceed-
ings’’; and
(3) by adding at the end the following new
paragraph:
‘‘(2)(A) If the judgment against a prisoner includes
the payment of costs under this subsection, the prisoner
shall be required to pay the full amount of the costs or-
dered.
‘‘(B) The prisoner shall be required to make pay-
ments for costs under this subsection in the same manner
as is provided for filing fees under subsection (a)(2).
‘‘(C) In no event shall the costs collected exceed the
amount of the costs ordered by the court.’’.
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(d) SUCCESSIVE CLAIMS.—Section 1915 of title 28,
United States Code, is amended by adding at the end the
following new subsection:
‘‘(g) In no event shall a prisoner bring a civil action
or appeal a judgment in a civil action or proceeding under
this section if the prisoner has, on 3 or more prior occa-
sions, while incarcerated or detained in any facility,
brought an action or appeal in a court of the United
States that was dismissed on the grounds that it is frivo-
lous, malicious, or fails to state a claim upon which relief
may be granted, unless the prisoner is under imminent
danger of serious physical injury.’’.
(e) DEFINITION.—Section 1915 of title 28, United
States Code, is amended by adding at the end the follow-
ing new subsection:
‘‘(h) As used in this section, the term ‘prisoner’
means any person incarcerated or detained in any facility
who is accused of, convicted of, sentenced for, or adju-
dicated delinquent for, violations of criminal law or the
terms and conditions of parole, probation, pretrial release,
or diversionary program.’’.
SEC. 805. JUDICIAL SCREENING.
(a) IN GENERAL.—Chapter 123 of title 28, United
States Code, is amended by inserting after section 1915
the following new section:
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‘‘§ 1915A. Screening
‘‘(a) SCREENING.—The court shall review, before
docketing, if feasible or, in any event, as soon as prac-
ticable after docketing, a complaint in a civil action in
which a prisoner seeks redress from a governmental entity
or officer or employee of a governmental entity.
‘‘(b) GROUNDS
FOR DISMISSAL.—On review, the
court shall identify cognizable claims or dismiss the com-
plaint, or any portion of the complaint, if the complaint—
‘‘(1) is frivolous, malicious, or fails to state a
claim upon which relief may be granted; or
‘‘(2) seeks monetary relief from a defendant
who is immune from such relief.
‘‘(c) DEFINITION.—As used in this section, the term
‘prisoner’ means any person incarcerated or detained in
any facility who is accused of, convicted of, sentenced for,
or adjudicated delinquent for, violations of criminal law
or the terms and conditions of parole, probation, pretrial
release, or diversionary program.’’.
(b) TECHNICAL
AMENDMENT.—The analysis for
chapter 123 of title 28, United States Code, is amended
by inserting after the item relating to section 1915 the
following new item:
‘‘1915A. Screening.’’.
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SEC. 806. FEDERAL TORT CLAIMS.
Section 1346(b) of title 28, United States Code, is
amended—
(1) by striking ‘‘(b)’’ and inserting ‘‘(b)(1)’’;
and
(2) by adding at the end the following:
‘‘(2) No person convicted of a felony who is incarcer-
ated while awaiting sentencing or while serving a sentence
may bring a civil action against the United States or an
agency, officer, or employee of the Government, for mental
or emotional injury suffered while in custody without a
prior showing of physical injury.’’.
SEC. 807. PAYMENT OF DAMAGE AWARD IN SATISFACTION
OF PENDING RESTITUTION ORDERS.
Any compensatory damages awarded to a prisoner in
connection with a civil action brought against any Federal,
State, or local jail, prison, or correctional facility or
against any official or agent of such jail, prison, or correc-
tional facility, shall be paid directly to satisfy any out-
standing restitution orders pending against the prisoner.
The remainder of any such award after full payment of
all pending restitution orders shall be forwarded to the
prisoner.
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SEC. 808. NOTICE TO CRIME VICTIMS OF PENDING DAMAGE
AWARD.
Prior to payment of any compensatory damages
awarded to a prisoner in connection with a civil action
brought against any Federal, State, or local jail, prison,
or correctional facility or against any official or agent of
such jail, prison, or correctional facility, reasonable efforts
shall be made to notify the victims of the crime for which
the prisoner was convicted and incarcerated concerning
the pending payment of any such compensatory damages.
SEC. 809. EARNED RELEASE CREDIT OR GOOD TIME CRED-
IT REVOCATION.
(a) IN GENERAL.—Chapter 123 of title 28, United
States Code, is amended by adding at the end the follow-
ing new section:
‘‘§ 1932. Revocation of earned release credit
‘‘In any civil action brought by an adult convicted of
a crime and confined in a Federal correctional facility, the
court may order the revocation of such earned good time
credit under section 3624(b) of title 18, United States
Code, that has not yet vested, if, on its own motion or
the motion of any party, the court finds that—
‘‘(1) the claim was filed for a malicious pur-
pose;
‘‘(2) the claim was filed solely to harass the
party against which it was filed; or
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‘‘(3) the claimant testifies falsely or otherwise
knowingly presents false evidence or information to
the court.’’.
(b) TECHNICAL
AMENDMENT.—The analysis for
chapter 123 of title 28, United States Code, is amended
by inserting after the item relating to section 1931 the
following:
‘‘1932. Revocation of earned release credit.’’.
(c) AMENDMENT OF SECTION 3624 OF TITLE 18.—
Section 3624(b) of title 18, United States Code, is amend-
ed—
(1) in paragraph (1)—
(A) by striking the first sentence;
(B) in the second sentence—
(i) by striking ‘‘A prisoner’’ and in-
serting ‘‘Subject to paragraph (2), a pris-
oner’’;
(ii) by striking ‘‘for a crime of vio-
lence,’’; and
(iii) by striking ‘‘such’’;
(C) in the third sentence, by striking ‘‘If
the Bureau’’ and inserting ‘‘Subject to para-
graph (2), if the Bureau’’;
(D) by striking the fourth sentence and in-
serting the following: ‘‘In awarding credit under
this section, the Bureau shall consider whether
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the prisoner, during the relevant period, has
earned, or is making satisfactory progress to-
ward earning, a high school diploma or an
equivalent degree.’’; and
(E) in the sixth sentence, by striking
‘‘Credit for the last’’ and inserting ‘‘Subject to
paragraph (2), credit for the last’’; and
(2) by amending paragraph (2) to read as fol-
lows:
‘‘(2) Notwithstanding any other law, credit
awarded under this subsection after the date of en-
actment of the Prison Litigation Reform Act shall
vest on the date the prisoner is released from cus-
tody.’’.
SEC. 810. SEVERABILITY.
If any provision of this title, an amendment made by
this title, or the application of such provision or amend-
ment to any person or circumstance is held to be unconsti-
tutional, the remainder of this title, the amendments made
by this title, and the application of the provisions of such
to any person or circumstance shall not be affected there-
by.
This Act may be cited as the ‘‘Departments of Com-
merce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 1996.’’.
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(b) Such amounts as may be necessary for programs,
projects or activities provided for in the Department of
the Interior and Related Agencies Appropriations Act,
1996, at a rate of operations and to the extent and in
the manner provided for, the provisions of such Act to be
effective as if it had been enacted into law as the regular
appropriations Act, as follows:
AN ACT
Making appropriations for the Department of the In-
terior and related agencies for the fiscal year ending Sep-
tember 30, 1996, and for other purposes.
TITLE I—DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
MANAGEMENT OF LANDS AND RESOURCES
For expenses necessary for protection, use, improve-
ment, development, disposal, cadastral surveying, classi-
fication, acquisition of easements and other interests in
lands, and performance of other functions, including main-
tenance of facilities, as authorized by law, in the manage-
ment of lands and their resources under the jurisdiction
of the Bureau of Land Management, including the general
administration of the Bureau, and assessment of mineral
potential of public lands pursuant to Public Law 96–487
(16 U.S.C. 3150(a)), $567,152,000, to remain available
until expended, of which $2,000,000 shall be available for
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assessment of the mineral potential of public lands in
Alaska pursuant to section 1010 of Public Law 96–487
(16 U.S.C. 3150), and of which not more than $599,999
shall be available to the Needles Resources Area for the
management of the East Mojave National Scenic Area, as
defined by the Bureau of Land Management prior to Octo-
ber 1, 1994, in the California Desert District of the Bu-
reau of Land Management, and of which $4,000,000 shall
be derived from the special receipt account established by
section 4 of the Land and Water Conservation Fund Act
of 1965, as amended (16 U.S.C. 460l–6a(i)): Provided,
That appropriations herein made shall not be available for
the destruction of healthy, unadopted, wild horses and
burros in the care of the Bureau or its contractors; and
in addition, $27,650,000 for Mining Law Administration
program operations, to remain available until expended,
to be reduced by amounts collected by the Bureau of Land
Management and credited to this appropriation from an-
nual mining claim fees so as to result in a final appropria-
tion estimated at not more than $567,152,000: Provided
further, That in addition to funds otherwise available, and
to remain available until expended, not to exceed
$5,000,000 from annual mining claim fees shall be cred-
ited to this account for the costs of administering the min-
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ing claim fee program, and $2,000,000 from communica-
tion site rental fees established by the Bureau.
WILDLAND FIRE MANAGEMENT
For necessary expenses for fire use and management,
fire preparedness, emergency presuppression, suppression
operations, emergency rehabilitation, and renovation or
construction of fire facilities in the Department of the In-
terior, $235,924,000, to remain available until expended,
of which not to exceed $5,025,000, shall be available for
the renovation or construction of fire facilities: Provided,
That notwithstanding any other provision of law, persons
hired pursuant to 43 U.S.C. 1469 may be furnished sub-
sistence and lodging without cost from funds available
from this appropriation: Provided further, That such funds
are also available for repayment of advances to other ap-
propriation accounts from which funds were previously
transferred for such purposes: Provided further, That un-
obligated balances of amounts previously appropriated to
the Fire Protection and Emergency Department of the In-
terior Firefighting Fund may be transferred or merged
with this appropriation.
CENTRAL HAZARDOUS MATERIALS FUND
For expenses necessary for use by the Department
of the Interior and any of its component offices and bu-
reaus for the remedial action, including associated activi-
ties, of hazardous waste substances, pollutants, or con-