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ited to the appropriation current at the time such reim-
bursements are received.
SEC. 104. Appropriations made to the Department
of the Interior in this title shall be available for services
as authorized by 5 U.S.C. 3109, when authorized by the
Secretary, in total amount not to exceed $500,000; hire,
maintenance, and operation of aircraft; hire of passenger
motor vehicles; purchase of reprints; payment for tele-
phone service in private residences in the field, when au-
thorized under regulations approved by the Secretary; and
the payment of dues, when authorized by the Secretary,
for library membership in societies or associations which
issue publications to members only or at a price to mem-
bers lower than to subscribers who are not members.
SEC. 105. Appropriations available to the Depart-
ment of the Interior for salaries and expenses shall be
available for uniforms or allowances therefor, as author-
ized by law (5 U.S.C. 5901–5902 and D.C. Code 4–204).
SEC. 106. Appropriations made in this title shall be
available for obligation in connection with contracts issued
for services or rentals for periods not in excess of twelve
months beginning at any time during the fiscal year.
SEC. 107. Appropriations made in this title from the
Land and Water Conservation Fund for acquisition of
lands and waters, or interests therein, shall be available
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for transfer, with the approval of the Secretary, between
the following accounts: Bureau of Land Management,
Land acquisition, United States Fish and Wildlife Service,
Land acquisition, and National Park Service, Land acqui-
sition and State assistance. Use of such funds are subject
to the reprogramming guidelines of the House and Senate
Committees on Appropriations.
SEC. 108. Prior to the transfer of Presidio properties
to the Presidio Trust, when authorized, the Secretary may
not obligate in any calendar month more than 1⁄12 of the
fiscal year 1997 appropriation for operation of the Pre-
sidio: Provided, That prior to the transfer of any Presidio
property to the Presidio Trust, the Secretary shall trans-
fer such funds as the Trust deems necessary to initiate
leasing and other authorized activities of the Trust: Pro-
vided further, That this section shall expire on September
30, 1997 December 31, 1996.
SEC. 109. None of the funds appropriated or other-
wise made available by this Act may be obligated or ex-
pended by the Secretary of the Interior for developing,
promulgating, and thereafter implementing a rule con-
cerning rights-of-way under section 2477 of the Revised
Statutes.
SEC. 109. No final rule or regulation of any agency
of the Federal Government pertaining to the recognition,
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management, or validity of a right-of-way pursuant to Re-
vised Statute 2477 (43 U.S.C. 932) shall take effect unless
expressly authorized by an Act of Congress subsequent to
the date of enactment of this Act.
SEC. 110. No funds provided in this title may be ex-
pended by the Department of the Interior for the conduct
of offshore leasing and related activities placed under re-
striction in the President’s moratorium statement of June
26, 1990, in the areas of Northern, Central, and Southern
California; the North Atlantic; Washington and Oregon;
and the Eastern Gulf of Mexico south of 26 degrees north
latitude and east of 86 degrees west longitude.
SEC. 111. No funds provided in this title may be ex-
pended by the Department of the Interior for the conduct
of leasing, or the approval or permitting of any drilling
or other exploration activity, on lands within the North
Aleutian Basin planning area.
SEC. 112. No funds provided in this title may be ex-
pended by the Department of the Interior for the conduct
of preleasing and leasing activities in the Eastern Gulf of
Mexico for Outer Continental Shelf Lease Sale 151 in the
Outer Continental Shelf Natural Gas and Oil Resource
Management Comprehensive Program, 1992–1997.
SEC. 113. No funds provided in this title may be ex-
pended by the Department of the Interior for the conduct
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of preleasing and leasing activities in the Atlantic for
Outer Continental Shelf Lease Sale 164 in the Outer Con-
tinental Shelf Natural Gas and Oil Resource Management
Comprehensive Program, 1992–1997.
SEC. 114. There is hereby established in the Treasury
a franchise fund pilot, as authorized by section 403 of
Public Law 103–356, to be available as provided in such
section for costs of capitalizing and operating administra-
tive services as the Secretary determines may be per-
formed more advantageously as central services: Provided,
That any inventories, equipment, and other assets pertain-
ing to the services to be provided by such fund, either on
hand or on order, less the related liabilities or unpaid obli-
gations, and any appropriations made prior to the current
year for the purpose of providing capital shall be used to
capitalize such fund: Provided further, That such fund
shall be paid in advance from funds available to the De-
partment and other Federal agencies for which such cen-
tralized services are performed, at rates which will return
in full all expenses of operation, including accrued leave,
depreciation of fund plant and equipment, amortization of
automatic data processing (ADP) software and systems
(either acquired or donated) and an amount necessary to
maintain a reasonable operating reserve, as determined by
the Secretary: Provided further, That such fund shall pro-
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vide services on a competitive basis: Provided further, That
an amount not to exceed four percent of the total annual
income to such fund may be retained in the fund for fiscal
year 1997 and each fiscal year thereafter, to remain avail-
able until expended, to be used for the acquisition of cap-
ital equipment, and for the improvement and implementa-
tion of Department financial management, ADP, and
other support systems: Provided further, That no later
than thirty days after the end of each fiscal year amounts
in excess of this reserve limitation shall be transferred to
the Treasury: Provided further, That such franchise fund
pilot shall terminate pursuant to section 403(f) of Public
Law 103–356.
SEC. 115. None of the funds in this Act or any other
Act may be used by the Secretary for the redesign of
Pennsylvania Avenue in front of the White House without
the advance approval of the House and Senate Committees
on Appropriations.
SEC. 115. Public Law 102–495 is amended by adding
the following new section:
‘‘SEC. 10. WASHINGTON STATE REMOVAL OPTION.
‘‘(a) Upon appropriation of $29,500,000 for the Fed-
eral Government to acquire the Elwha and Glines dams in
Washington State pursuant to this Act, the State of Wash-
ington may, upon the submission to Congress of a binding
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agreement to remove the two dams within a reasonable pe-
riod of time, purchase the two dams from the Federal Gov-
ernment for $2.
‘‘(b) Upon receipt of the payment pursuant to sub-
section (a), the Federal Government shall relinquish owner-
ship and title of dams to the State of Washington.
‘‘(c) Upon the purchase of the dams by the State of
Washington, Public Law 102–495 is hereby repealed.’’.
SEC. 116. Section 7 of Public Law 99–647 (16 U.S.C.
461 note) is amended to read as follows:
‘‘SEC. 7. TERMINATION OF COMMISSION.
‘‘The Commission shall terminate on November 10,
1997.’’.
SEC. 117. The Congress of the United States hereby
designates and ratifies the assignment to the University of
Utah as successor to, and beneficiary of, all the existing
assets, revenues, funds and rights granted to the State of
Utah under the Miners Hospital Grant (February 20, 1929,
45 Stat. 1252) and the School of Mines Grant (July 26,
1894, 28 Stat. 110). Further, the Secretary of the Interior
is authorized and directed to accept such relinquishment of
all remaining and unconveyed entitlement for quantity
grants owed the State of Utah for the Miners Hospital
Grant (February 20, 1929, 45 Stat. 1252) and any
unconveyed entitlement that may remain for the University
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of Utah School of Mines Grant (July 26, 1894, 28 Stat.
110).
SEC. 118. (a) No later than February 28, 1997, the
Secretary of the Interior, upon negotiation with the com-
mittee established pursuant to subsection (c), and with the
Office of Management and Budget, Special Trustee for
American Indians, the Chief Financial Officer for the De-
partment of the Interior, the Assistant Secretary—Indian
Affairs, and the Solicitor of the Department of the Interior,
shall transmit to the Committee on Appropriations and the
Committee on Indian Affairs of the United States Senate
and to the Committee on Appropriations and the Commit-
tee on Resources of the House of Representatives a report
which (1) proposes a formula to distribute the funds appro-
priated for the ‘‘Operation of Indian Programs’’ account
for direct payments to Indian tribes except those in Alaska
and (2) identifies the amount of funds set aside to provide
services to Indian tribes in Alaska.
(b) The formula and the allocation to Alaska shall be
deemed approved if within 30 calendar days of receipt of
the report from the Secretary, no one of the Committees have
taken action to disapprove the formula or the allocation to
Alaska. Notification to the Secretary of any such dis-
approval shall be accomplished by a letter signed by the
chairman and ranking minority member of any one of the
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four committees identified in subsection (a) with copies pro-
vided to the chairmen and ranking minority members of
the other committees identified in subsection (a).
(c) The negotiating committee referenced in subsection
(a) shall be comprised of (1) Federal representatives as
deemed necessary by the Secretary of the Interior and (2)
tribal representatives, 12 of which shall be tribal representa-
tives chosen by the tribes from each of the 12 existing BIA
Areas (3) one representative from each of the four Commit-
tees identified in subsection (a). Agreement by a two-thirds
majority of tribal representatives is necessary for any for-
mula developed by the negotiating committee.
(d) The formula proposed under subsection (a) shall
recognize the minimum funding requirements for small and
needy tribes.
(e) In developing the fiscal year 1998 budget request,
the Secretary shall propose separate appropriations ac-
counts for the amounts proposed for direct payments to
tribes; and for amounts proposed to be provided for services
to Indian tribes in Alaska.
(f) For purposes of this section, the term ‘‘Indian
tribe’’ means any Indian tribe, band, nation, or other orga-
nized group or community of Indians, including any Alas-
ka Native village or regional or village corporation as de-
fined in or established pursuant to the Alaska Native
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Claims Settlement Act, which is recognized as eligible for
the special programs and services provided by the United
States to Indians because of their status as Indians, as fur-
ther defined in the Indian Self-Determination and Edu-
cation Assistance Act of 1975, as amended.
(g) No funds shall be distributed under the formula
proposed pursuant to subsection (a) until the formula is
approved under the procedures set forth in subsection (b).
Not to exceed one-half of the funding to be included in the
tribal formula within the ‘‘Operation of Indian Programs’’
account shall be available prior to implementation of the
formula.
(h) The determination of what funds from the Oper-
ation of Indian Programs account, excluding funds for edu-
cation and reimbursable funds, are withheld from being
made available for distribution under the formula shall in-
clude a determination negotiated with the negotiating com-
mittee described in subsection (c) of the amount, if any,
of residual Federal funds to be retained by the Secretary
that are minimally necessary to carry out trustee and other
functions of the Federal Government that are not delegable
by law to the Indian tribes.
(i) Upon approval of the formula, the Secretary shall
provide for the immediate and direct transfer, to any In-
dian tribe choosing to receive all those funds in lieu of direct
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services, the share of funds identified for that Indian tribe
under the formula. Upon allocation of those funds to an
Indian tribe, those funds will not be subject the oversight
authority of the Bureau of Indian Affairs.
(j) Should the Federal-tribal negotiations under this
section reach an impasse at any time before December 31,
1996, or there are unresolved issues as of December 31,
1996, the Secretary and the negotiating committee described
in subsection (c) shall jointly select an arbitrator from the
roster of individuals maintained by the Administrative
Conference of the United States pursuant to title 5, section
573(c) of the United States Code, which arbitrator shall re-
solve the issues upon which there is impasse, after receiving
evidence and hearing arguments from both the Federal and
tribal representatives on the negotiating committee, and re-
port the recommended resolution of the arbitrator to the
Secretary and the four committees of the Congress identified
in subsection (a), on or before February 28, 1997.
(k) Section 402(b)(1) of The Indian Self-Determina-
tion and Education Assistance Act (25 U.S.C. 458bb) is
amended to read as follows: ‘‘(1) In addition to those Indian
tribes participating in self-governance under subsection (a)
of this section, the Secretary, acting through the Director
of the Office of Self-Governance, may select up to 50 new
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tribes per year from the applicant pool described in sub-
section (c) of this section to participate in self-governance.’’.
SEC. 119. In fiscal year 1997 and thereafter, the In-
dian Arts and Crafts Board may charge admission fees at
its museums; charge rent and/or franchise fees for shops lo-
cated in its museums; publish and sell publications; sell or
rent or license use of photographs or other images in hard
copy or other forms; license the use of designs, in whole or
in part, by others; charge for consulting services provided
to others; and may accept the services of volunteers to carry
out its mission: Provided, That all revenue derived from
such activities is covered into the special fund established
by section 4 of Public Law 74–355 (25 U.S.C. 305c).
SEC. 120. TRANSFER OF CERTAIN BUREAU OF LAND
MANAGEMENT FACILITIES.—
(a) BATTLE MOUNTAIN, NEVADA.—Not later than
30 days after the date of enactment of this Act, the
Secretary of the Interior, acting through the Director
of the Bureau of Land Management, shall transfer to
Lander County, Nevada, without consideration, title
to the former Bureau of Land Management adminis-
trative site and associated buildings in Battle Moun-
tain, Nevada.
(b) WINNEMUCCA, NEVADA.—
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(1) TRANSFER.—Not later than 30 days
after the date of enactment of this Act, the Sec-
retary of the Interior, acting through the Direc-
tor of the Bureau of Land Management, shall
transfer to the State of Nevada, without consider-
ation, title to the surplus Bureau of Land Man-
agement District Office building in Winnemucca,
Nevada.
(2) USE.—The transfer under paragraph
(1) is made with the intent that the building
shall be available to meet the needs of the De-
partment of Conservation and Natural Resources
of the State of Nevada.
SEC. 121. COOK INLET REGION, INC. RECOGNITION.—
(a) Cook Inlet Region, Inc., an Alaska Native re-
gional corporation organized under Public Law 92–
203, shall be deemed to be an Indian tribal entity for
the purpose of federal programs for which Indians are
eligible because of their status as Indians.
(b) The Bureau of Indian Affairs shall specifi-
cally include Cook Inlet Region, Inc. on any list that
designates federally recognized Indian tribes or In-
dian tribal entities for use in administration of any
Federal program.