Union Calendar No. 98
105TH CONGRESS
1ST SESSION
H. R. 2107
[Report No. 105–163]
A BILL
Making appropriations for the Department of the
Interior and related agencies for the fiscal year
ending September 30, 1998, and for other pur-
poses.
JULY 1, 1997
Reported from the Committee on Appropriations; com-
mitted to the Committee of the Whole House on the
State of the Union and ordered to be printed
IB
Union Calendar No. 98
105TH CONGRESS
1ST SESSION
H. R. 2107
[Report No. 105–163]
Making appropriations for the Department of the Interior and related agencies
for the fiscal year ending September 30, 1998, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY 1, 1997
Mr. REGULA, from the Committee on Appropriations, reported the following
bill; which was committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
A BILL
Making appropriations for the Department of the Interior
and related agencies for the fiscal year ending September
30, 1998, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
fiscal year ending September 30, 1998, and for other pur-
poses, namely:
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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)), $581,591,000, to remain available
until expended, of which $2,043,000 shall be available for
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 $3,000,000 shall be de-
rived from the special receipt account established by the
Land and Water Conservation Act of 1965, as amended
(16 U.S.C. 460l–6a(i)); and of which $1,500,000 shall be
available in fiscal year 1998 subject to a match by at least
an equal amount by the National Fish and Wildlife Foun-
dation, to such Foundation for challenge cost share
projects supporting fish and wildlife conservation affecting
Bureau lands; in addition, $27,300,000 for Mining Law
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Administration program operations, to remain available
until expended, to be reduced by amounts collected by the
Bureau and credited to this appropriation from annual
mining claim fees so as to result in a final appropriation
estimated at not more than $581,591,000; and in addi-
tion, not to exceed $5,000,000, to remain available until
expended, from annual mining claim fees; which shall be
credited to this account for the costs of administering the
mining claim fee program, and $2,000,000 from commu-
nication site rental fees established by the Bureau for the
cost of administering communication site activities: Pro-
vided, That appropriations herein made shall not be avail-
able for the destruction of healthy, unadopted, wild horses
and burros in the care of the Bureau or its contractors.
WILDLAND FIRE MANAGEMENT
For necessary expenses for fire use and management,
fire preparedness, suppression operations, and emergency
rehabilitation by the Department of the Interior,
$280,103,000, to remain available until expended, of
which not to exceed $5,025,000 shall be for the renovation
or construction of fire facilities: Provided, 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 per-
sons hired pursuant to 43 U.S.C. 1469 may be furnished
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subsistence and lodging without cost from funds available
from this appropriation.
CENTRAL HAZARDOUS MATERIALS FUND
For necessary expenses of the Department of the In-
terior and any of its component offices and bureaus for
the remedial action, including associated activities, of haz-
ardous waste substances, pollutants, or contaminants pur-
suant to the Comprehensive Environmental Response,
Compensation and Liability Act, as amended (42 U.S.C.
section 9601 et seq.), $12,000,000, to remain available
until expended: Provided, That notwithstanding 31 U.S.C.
3302, sums recovered from or paid by a party in advance
of or as reimbursement for remedial action or response
activities conducted by the Department pursuant to sec-
tion 107 or 113(f) of such Act, shall be credited to this
account to be available until expended without further ap-
propriation: Provided further, That such sums recovered
from or paid by any party are not limited to monetary
payments and may include stocks, bonds or other personal
or real property, which may be retained, liquidated, or oth-
erwise disposed of by the Secretary and which shall be
credited to this account.
CONSTRUCTION
For construction of buildings, recreation facilities,
roads, trails, and appurtenant facilities, $3,254,000, to re-
main available until expended.
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PAYMENTS IN LIEU OF TAXES
For expenses necessary to implement the Act of Octo-
ber 20, 1976, as amended, (31 U.S.C. 6901–07),
$113,500,000, of which not to exceed $400,000 shall be
available for administrative expenses: Provided, That no
payment shall be made to otherwise eligible units of local
government if the computed amount of the payment is less
than $100.
LAND ACQUISITION
For expenses necessary to carry out sections 205,
206, and 318(d) of Public Law 94–579, including admin-
istrative expenses and acquisition of lands or waters, or
interests therein, $12,000,000, to be derived from the
Land and Water Conservation Fund, to remain available
until expended.
OREGON AND CALIFORNIA GRANT LANDS
For expenses necessary for management, protection,
and development of resources and for construction, oper-
ation, and maintenance of access roads, reforestation, and
other improvements on the revested Oregon and California
Railroad grant lands, on other Federal lands in the Or-
egon and California land-grant counties of Oregon, and
on adjacent rights-of-way; and acquisition of lands or in-
terests therein including existing connecting roads on or
adjacent to such grant lands; $101,406,000, to remain
available until expended: Provided, That 25 per centum
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of the aggregate of all receipts during the current fiscal
year from the revested Oregon and California Railroad
grant lands is hereby made a charge against the Oregon
and California land-grant fund and shall be transferred
to the General Fund in the Treasury in accordance with
the second paragraph of subsection (b) of title II of the
Act of August 28, 1937 (50 Stat. 876).
RANGE IMPROVEMENTS
For rehabilitation, protection, and acquisition of
lands and interests therein, and improvement of Federal
rangelands pursuant to section 401 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1701),
notwithstanding any other Act, sums equal to 50 per cen-
tum of all moneys received during the prior fiscal year
under sections 3 and 15 of the Taylor Grazing Act (43
U.S.C. 315 et seq.) and the amount designated for range
improvements from grazing fees and mineral leasing re-
ceipts from Bankhead-Jones lands transferred to the De-
partment of the Interior pursuant to law, but not less than
$9,113,000, to remain available until expended: Provided,
That not to exceed $600,000 shall be available for admin-
istrative expenses.
SERVICE CHARGES, DEPOSITS, AND FORFEITURES
For administrative expenses and other costs related
to processing application documents and other authoriza-
tions for use and disposal of public lands and resources,
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for costs of providing copies of official public land docu-
ments, for monitoring construction, operation, and termi-
nation of facilities in conjunction with use authorizations,
and for rehabilitation of damaged property, such amounts
as may be collected under Public Law 94–579, as amend-
ed, and Public Law 93–153, to remain available until ex-
pended: Provided, That notwithstanding any provision to
the contrary of section 305(a) of Public Law 94–579 (43
U.S.C. 1735(a)), any moneys that have been or will be
received pursuant to that section, whether as a result of
forfeiture, compromise, or settlement, if not appropriate
for refund pursuant to section 305(c) of that Act (43
U.S.C. 1735(c)), shall be available and may be expended
under the authority of this Act by the Secretary to im-
prove, protect, or rehabilitate any public lands adminis-
tered through the Bureau of Land Management which
have been damaged by the action of a resource developer,
purchaser, permittee, or any unauthorized person, without
regard to whether all moneys collected from each such ac-
tion are used on the exact lands damaged which led to
the action: Provided further, That any such moneys that
are in excess of amounts needed to repair damage to the
exact land for which funds were collected may be used to
repair other damaged public lands.
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MISCELLANEOUS TRUST FUNDS
In addition to amounts authorized to be expended
under existing laws, there is hereby appropriated such
amounts as may be contributed under section 307 of the
Act of October 21, 1976 (43 U.S.C. 1701), and such
amounts as may be advanced for administrative costs, sur-
veys, appraisals, and costs of making conveyances of omit-
ted lands under section 211(b) of that Act, to remain
available until expended.
ADMINISTRATIVE PROVISIONS
Appropriations for the Bureau of Land Management
shall be available for purchase, erection, and dismantle-
ment of temporary structures, and alteration and mainte-
nance of necessary buildings and appurtenant facilities to
which the United States has title; up to $100,000 for pay-
ments, at the discretion of the Secretary, for information
or evidence concerning violations of laws administered by
the Bureau; miscellaneous and emergency expenses of en-
forcement activities authorized or approved by the Sec-
retary and to be accounted for solely on his certificate,
not to exceed $10,000: Provided, That notwithstanding 44
U.S.C. 501, the Bureau may, under cooperative cost-shar-
ing and partnership arrangements authorized by law, pro-
cure printing services from cooperators in connection with
jointly-produced publications for which the cooperators
share the cost of printing either in cash or in services,
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and the Bureau determines the cooperator is capable of
meeting accepted quality standards.
UNITED STATES FISH AND WILDLIFE SERVICE
RESOURCE MANAGEMENT
For expenses necessary for scientific and economic
studies, conservation, management, investigations, protec-
tion, and utilization of fishery and wildlife resources, ex-
cept whales, seals, and sea lions, and for the performance
of other authorized functions related to such resources; for
the general administration of the United States Fish and
Wildlife Service; for maintenance of the herd of long-
horned cattle on the Wichita Mountains Wildlife Refuge;
and not less than $1,000,000 for high priority projects
within the scope of the approved budget which shall be
carried out by the Youth Conservation Corps as author-
ized by the Act of August 13, 1970, as amended,
$591,042,000, to remain available until September 30,
1999, of which $11,612,000 shall remain available until
expended for operation and maintenance of fishery mitiga-
tion facilities constructed by the Corps of Engineers under
the Lower Snake River Compensation Plan, authorized by
the Water Resources Development Act of 1976, to com-
pensate for loss of fishery resources from water develop-
ment projects on the Lower Snake River, and of which
not less than $2,000,000 shall be provided to local govern-
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ments in southern California for planning associated with
the Natural Communities Conservation Planning (NCCP)
program and shall remain available until expended, and
of which not to exceed $5,190,000 shall be used for imple-
menting subsections (a), (b), (c), and (e) of section 4 of
the Endangered Species Act of 1973, as amended.
CONSTRUCTION
For construction and acquisition of buildings and
other facilities required in the conservation, management,
investigation, protection, and utilization of fishery and
wildlife resources, and the acquisition of lands and inter-
ests therein; $40,256,000, to remain available until ex-
pended.
NATURAL RESOURCE DAMAGE ASSESSMENT FUND
To conduct natural resource damage assessment ac-
tivities by the Department of the Interior necessary to
carry out the provisions of the Comprehensive Environ-
mental Response, Compensation, and Liability Act, as
amended (42 U.S.C. 9601, et seq.), Federal Water Pollu-
tion Control Act, as amended (33 U.S.C. 1251, et seq.),
the Oil Pollution Act of 1990 (Public Law 101–380), and
Public Law 101–337; $4,128,000, to remain available
until expended: Provided, That under this heading in Pub-
lic Law 104–134, strike ‘‘in fiscal year 1996 and there-
after’’ in the proviso and insert ‘‘heretofore and here-
after’’, and before the phrase, ‘‘or properties shall be uti-
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lized’’ in such proviso, insert ‘‘, to remain available until
expended,’’.
LAND ACQUISITION
For expenses necessary to carry out the Land and
Water Conservation Fund Act of 1965, as amended (16
U.S.C. 460l–4–11), including administrative expenses,
and for acquisition of land or waters, or interest therein,
in accordance with statutory authority applicable to the
United States Fish and Wildlife Service, $53,000,000, to
remain available until expended.
COOPERATIVE ENDANGERED SPECIES CONSERVATION
FUND
For expenses necessary to carry out the provisions
of the Endangered Species Act of 1973 (16 U.S.C. 1531–
1543), as amended, $14,000,000, for grants to States, to
be derived from the Cooperative Endangered Species Con-
servation Fund, and to remain available until expended.
NATIONAL WILDLIFE REFUGE FUND
For expenses necessary to implement the Act of Octo-
ber 17, 1978 (16 U.S.C. 715s), $10,000,000.
REWARDS AND OPERATIONS
For expenses necessary to carry out the provisions
of the African Elephant Conservation Act (16 U.S.C.
4201–4203, 4211–4213, 4221–4225, 4241–4245, and
1538), $1,000,000, to remain available until expended.
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NORTH AMERICAN WETLANDS CONSERVATION FUND
For expenses necessary to carry out the provisions
of the North American Wetlands Conservation Act, Public
Law 101–233, as amended, $10,500,000, to remain avail-
able until expended.
RHINOCEROS AND TIGER CONSERVATION FUND
For deposit to the Rhinoceros and Tiger Conserva-
tion Fund, $400,000, to remain available until expended,
to carry out the Rhinoceros and Tiger Conservation Act
of 1994 (Public Law 103–391).
WILDLIFE CONSERVATION AND APPRECIATION FUND
For deposit to the Wildlife Conservation and Appre-
ciation Fund, $800,000, to remain available until ex-
pended.
ADMINISTRATIVE PROVISIONS
Appropriations and funds available to the United
States Fish and Wildlife Service shall be available for pur-
chase of not to exceed 108 passenger motor vehicles, of
which 92 are for replacement only (including 57 for police-
type use); not to exceed $400,000 for payment, at the dis-
cretion of the Secretary, for information, rewards, or evi-
dence concerning violations of laws administered by the
Service, and miscellaneous and emergency expenses of en-
forcement activities, authorized or approved by the Sec-
retary and to be accounted for solely on his certificate;
repair of damage to public roads within and adjacent to
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reservation areas caused by operations of the Service; op-
tions for the purchase of land at not to exceed $1 for each
option; facilities incident to such public recreational uses
on conservation areas as are consistent with their primary
purpose; and the maintenance and improvement of aquar-
ia, buildings, and other facilities under the jurisdiction of
the Service and to which the United States has title, and
which are utilized pursuant to law in connection with man-
agement and investigation of fish and wildlife resources:
Provided, That notwithstanding 44 U.S.C. 501, the Serv-
ice may, under cooperative cost sharing and partnership
arrangements authorized by law, procure printing services
from cooperators in connection with jointly-produced pub-
lications for which the cooperators share at least one-half
the cost of printing either in cash or services and the Serv-
ice determines the cooperator is capable of meeting accept-
ed quality standards: Provided further, That the Service
may accept donated aircraft as replacements for existing
aircraft: Provided further, That notwithstanding any other
provision of law, the Secretary of the Interior may not
spend any of the funds appropriated in this Act for the
purchase of lands or interests in lands to be used in the
establishment of any new unit of the National Wildlife
Refuge System unless the purchase is approved in advance
by the House and Senate Committees on Appropriations
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in compliance with the reprogramming procedures con-
tained in the report accompanying this bill: Provided fur-
ther, That the Secretary may sell land and interests in
land, other than water rights, acquired in conformance
with subsections 206(a) and 207(c) of Public Law 101–
816, the receipts of which shall be deposited to the
Lahontan Valley and Pyramid Lake Fish and Wildlife
Fund and used exclusively for the purposes of such sub-
sections, without regard to the limitation on the distribu-
tion of benefits in subsection 206(f)(2) of such law.
NATIONAL PARK SERVICE
OPERATION OF THE NATIONAL PARK SYSTEM
For expenses necessary for the management, oper-
ation, and maintenance of areas and facilities adminis-
tered by the National Park Service (including special road
maintenance service to trucking permittees on a reimburs-
able basis), and for the general administration of the Na-
tional Park Service, including not to exceed $2,500,000
for the Volunteers-in-Parks program, and not less than
$1,000,000 for high priority projects within the scope of
the approved budget which shall be carried out by the
Youth Conservation Corps as authorized by 16 U.S.C.
1706, $1,232,325,000, of which $12,800,000 for research,
planning and interagency coordination in support of land
acquisition for Everglades restoration shall remain avail-
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able until expended, and of which not to exceed
$72,000,000, to remain available until expended, is to be
derived from the special fee account established pursuant
to title V, section 5201, Public Law 100–203.
NATIONAL RECREATION AND PRESERVATION
For expenses necessary to carry out recreation pro-
grams, natural programs, cultural programs, heritage
partnership programs, environmental compliance and re-
view, international park affairs, statutory or contractual
aid for other activities, and grant administration, not oth-
erwise provided for, $43,934,000, of which $4,500,000 is
for grants to Heritage areas in accordance with Titles I–
VI and VIII–IX, Division II of Public Law 104–333 and
is to remain available until September 30, 1999.
HISTORIC PRESERVATION FUND
For expenses necessary in carrying out the Historic
Preservation Act of 1966, as amended (16 U.S.C. 470),
and the Omnibus Parks and Public Lands Management
Act of 1996 (Public Law 104–333), $40,412,000, to be
derived from the Historic Preservation Fund, to remain
available until September 30, 1999.
CONSTRUCTION
For construction, improvements, repair or replace-
ment of physical facilities $148,391,000, to remain avail-
able until expended: Provided, That $500,000 for the
Rutherford B. Hayes Home and $600,000 for the Sotterly
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Plantation House shall be derived from the Historic Pres-
ervation Fund pursuant to 16 U.S.C. 470A.
LAND AND WATER CONSERVATION FUND
(RESCISSION)
The contract authority provided for fiscal year 1998
by 16 U.S.C. 460l–10a is rescinded.
LAND ACQUISITION AND STATE ASSISTANCE
For expenses necessary to carry out the Land and
Water Conservation Fund Act of 1965, as amended (16
U.S.C. 460l–4–11), including administrative expenses,
and for acquisition of lands or waters, or interest therein,
in accordance with statutory authority applicable to the
National Park Service, $129,000,000, to be derived from
the Land and Water Conservation Fund, to remain avail-
able until expended, of which $1,000,000 is to administer
the State assistance program: Provided, That any funds
made available for the purpose of acquisition of the Elwha
and Glines dams shall be used solely for acquisition, and
shall not be expended until the full purchase amount has
been appropriated by the Congress: Provided further, That
of the funds provided herein, $8,500,000 is available for
acquisition of the Sterling Forest.
ADMINISTRATIVE PROVISIONS
Appropriations for the National Park Service shall be
available for the purchase of not to exceed 396 passenger
motor vehicles, of which 302 shall be for replacement only,
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including not to exceed 315 for police-type use, 13 buses,
and 6 ambulances: Provided, That none of the funds ap-
propriated to the National Park Service may be used to
process any grant or contract documents which do not in-
clude the text of 18 U.S.C. 1913: Provided further, That
none of the funds appropriated to the National Park Serv-
ice may be used to implement an agreement for the rede-
velopment of the southern end of Ellis Island until such
agreement has been submitted to the Congress and shall
not be implemented prior to the expiration of 30 calendar
days (not including any day in which either House of Con-
gress is not in session because of adjournment of more
than three calendar days to a day certain) from the receipt
by the Speaker of the House of Representatives and the
President of the Senate of a full and comprehensive report
on the development of the southern end of Ellis Island,
including the facts and circumstances relied upon in sup-
port of the proposed project.
None of the funds in this Act may be spent by the
National Park Service for activities taken in direct re-
sponse to the United Nations Biodiversity Convention.
The National Park Service may distribute to operat-
ing units based on the safety record of each unit the costs
of programs designed to improve workplace and employee
safety, and to encourage employees receiving workers’
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compensation benefits pursuant to chapter 81 of title 5,
United States Code, to return to appropriate positions for
which they are medically able.
UNITED STATES GEOLOGICAL SURVEY
SURVEYS, INVESTIGATIONS, AND RESEARCH
For expenses necessary for the United States Geo-
logical Survey to perform surveys, investigations, and re-
search covering topography, geology, hydrology, and the
mineral and water resources of the United States, its Ter-
ritories and possessions, and other areas as authorized by
43 U.S.C. 31, 1332 and 1340; classify lands as to their
mineral and water resources; give engineering supervision
to power permittees and Federal Energy Regulatory Com-
mission licensees; administer the minerals exploration pro-
gram (30 U.S.C. 641); and publish and disseminate data
relative to the foregoing activities; and to conduct inquiries
into the economic conditions affecting mining and mate-
rials processing industries (30 U.S.C. 3, 21a, and 1603;
50 U.S.C. 98g(1)) and related purposes as authorized by
law and to publish and disseminate data; $755,795,000
of which $66,231,000 shall be available only for coopera-
tion with States or municipalities for water resources in-
vestigations; and of which $16,400,000 shall remain avail-
able until expended for conducting inquiries into the eco-
nomic conditions affecting mining and materials process-
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ing industries; and of which $147,794,000 shall be avail-
able until September 30, 1999 for the biological research
activity and the operation of the Cooperative Research
Units: Provided, That none of these funds provided for
the biological research activity shall be used to conduct
new surveys on private property, unless specifically au-
thorized in writing by the property owner: Provided fur-
ther, That no part of this appropriation shall be used to
pay more than one-half the cost of topographic mapping
or water resources data collection and investigations car-
ried on in cooperation with States and municipalities.
ADMINISTRATIVE PROVISIONS
The amount appropriated for the United States Geo-
logical Survey shall be available for the purchase of not
to exceed 53 passenger motor vehicles, of which 48 are
for replacement only; reimbursement to the General Serv-
ices Administration for security guard services; contract-
ing for the furnishing of topographic maps and for the
making of geophysical or other specialized surveys when
it is administratively determined that such procedures are
in the public interest; construction and maintenance of
necessary buildings and appurtenant facilities; acquisition
of lands for gauging stations and observation wells; ex-
penses of the United States National Committee on Geol-
ogy; and payment of compensation and expenses of per-
sons on the rolls of the Survey duly appointed to represent
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the United States in the negotiation and administration
of interstate compacts: Provided, That activities funded by
appropriations herein made may be accomplished through
the use of contracts, grants, or cooperative agreements as
defined in 31 U.S.C. 6302, et seq.: Provided further, That
the USGS may contract directly with individuals or indi-
rectly with institutions or nonprofit organizations, without
regard to section 41 U.S.C. 5, for the temporary or inter-
mittent services of science students or recent graduates,
who shall be considered employees for the purposes of
chapter 81 of title 5, United States Code, relating to com-
pensation for work injuries, and chapter 171 of title 28,
United States Code, relating to tort claims, but shall not
be considered to be Federal employees for any other pur-
poses.
MINERALS MANAGEMENT SERVICE
ROYALTY AND OFFSHORE MINERALS MANAGEMENT
For expenses necessary for minerals leasing and envi-
ronmental studies, regulation of industry operations, and
collection of royalties, as authorized by law; for enforcing
laws and regulations applicable to oil, gas, and other min-
erals leases, permits, licenses and operating contracts; and
for matching grants or cooperative agreements; including
the purchase of not to exceed eight passenger motor vehi-
cles for replacement only; $139,621,000, of which not less
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than $70,874,000 shall be available for royalty manage-
ment activities; and an amount not to exceed $65,000,000
for activities within the Outer Continental Shelf (OCS)
Lands Program, to be credited to this appropriation and
to remain available until expended, from additions to re-
ceipts resulting from increases to rates in effect on August
5, 1993, from rate increases to fee collections for OCS
administrative activities performed by the Minerals Man-
agement Service over and above the rates in effect on Sep-
tember 30, 1993, and from additional fees for OCS admin-
istrative activities established after September 30, 1993:
Provided, That $1,500,000 for computer acquisitions shall
remain available until September 30, 1999: Provided fur-
ther, That funds appropriated under this Act shall be
available for the payment of interest in accordance with
30 U.S.C. 1721 (b) and (d): Provided further, That not
to exceed $3,000 shall be available for reasonable expenses
related to promoting volunteer beach and marine cleanup
activities: Provided further, That notwithstanding any
other provision of law, $15,000 under this head shall be
available for refunds of overpayments in connection with
certain Indian leases in which the Director of the Minerals
Management Service concurred with the claimed refund
due, to pay amounts owed to Indian allottees or Tribes,
or to correct prior unrecoverable erroneous payments.
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OIL SPILL RESEARCH
For necessary expenses to carry out title I, section
1016, title IV, sections 4202 and 4303, title VII, and title
VIII, section 8201 of the Oil Pollution Act of 1990,
$6,118,000, which shall be derived from the Oil Spill Li-
ability Trust Fund, to remain available until expended.
OFFICE OF SURFACE MINING RECLAMATION AND
ENFORCEMENT
REGULATION AND TECHNOLOGY
For necessary expenses to carry out the provisions
of the Surface Mining Control and Reclamation Act of
1977, Public Law 95–87, as amended, including the pur-
chase of not to exceed 10 passenger motor vehicles, for
replacement only; $94,937,000, and notwithstanding 31
U.S.C. 3302, an additional amount shall be credited to
this account, to remain available until expended, from per-
formance bond forfeitures in fiscal year 1998: Provided,
That the Secretary of the Interior, pursuant to regula-
tions, may utilize directly or through grants to States,
moneys collected in fiscal year 1998 for civil penalties as-
sessed under section 518 of the Surface Mining Control
and Reclamation Act of 1977 (30 U.S.C. 1268), to reclaim
lands adversely affected by coal mining practices after Au-
gust 3, 1977, to remain available until expended: Provided
further, That appropriations for the Office of Surface Min-
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ing Reclamation and Enforcement may provide for the
travel and per diem expenses of State and tribal personnel
attending Office of Surface Mining Reclamation and En-
forcement sponsored training.
ABANDONED MINE RECLAMATION FUND
For necessary expenses to carry out title IV of the
Surface Mining Control and Reclamation Act of 1977,
Public Law 95–87, as amended, including the purchase
of not more than 10 passenger motor vehicles for replace-
ment only, $179,624,000, to be derived from receipts of
the Abandoned Mine Reclamation Fund and to remain
available until expended; of which up to $5,000,000 shall
be for supplemental grants to States for the reclamation
of abandoned sites with acid mine rock drainage from coal
mines through the Appalachian Clean Streams Initiative:
Provided, That grants to minimum program States will
be $1,500,000 per State in fiscal year 1998: Provided fur-
ther, That of the funds herein provided up to $18,000,000
may be used for the emergency program authorized by sec-
tion 410 of Public Law 95–87, as amended, of which no
more than 25 per centum shall be used for emergency rec-
lamation projects in any one State and funds for federally-
administered emergency reclamation projects under this
proviso shall not exceed $11,000,000: Provided further,
That prior year unobligated funds appropriated for the
emergency reclamation program shall not be subject to the
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25 per centum limitation per State and may be used with-
out fiscal year limitation for emergency projects: Provided
further, That pursuant to Public Law 97–365, the Depart-
ment of the Interior is authorized to use up to 20 per
centum from the recovery of the delinquent debt owed to
the United States Government to pay for contracts to col-
lect these debts: Provided further, That funds made avail-
able to States under title IV of Public Law 95–87 may
be used, at their discretion, for any required non-Federal
share of the cost of projects funded by the Federal Gov-
ernment for the purpose of environmental restoration re-
lated to treatment or abatement of acid mine drainage
from abandoned mines: Provided further, That such
projects must be consistent with the purposes and prior-
ities of the Surface Mining Control and Reclamation Act:
Provided further, That the State of Maryland may set
aside the greater of $1,000,000 or 10 percent of the total
of the grants made available to the State under title IV
of the Surface Mining Control and Reclamation Act of
1977, as amended (30 U.S.C. 1231 et seq.), if the amount
set aside is deposited in an acid mine drainage abatement
and treatment fund established under a State law, pursu-
ant to which law the amount (together with all interest
earned on the amount) is expended by the State to under-
take acid mine drainage abatement and treatment
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projects, except that before any amounts greater than 10
percent of its title IV grants are deposited in an acid mine
drainage abatement and treatment fund, the State of
Maryland must first complete all Surface Mining Control
and Reclamation Act priority one projects.
BUREAU OF INDIAN AFFAIRS
OPERATION OF INDIAN PROGRAMS
For operation of Indian programs by direct expendi-
ture, contracts, cooperative agreements, compacts, and
grants including expenses necessary to provide education
and welfare services for Indians, either directly or in co-
operation with States and other organizations, including
payment of care, tuition, assistance, and other expenses
of Indians in boarding homes, or institutions, or schools;
grants and other assistance to needy Indians; maintenance
of law and order; management, development, improve-
ment, and protection of resources and appurtenant facili-
ties under the jurisdiction of the Bureau, including pay-
ment of irrigation assessments and charges; acquisition of
water rights; advances for Indian industrial and business
enterprises; operation of Indian arts and crafts shops and
museums; development of Indian arts and crafts, as au-
thorized by law; for the general administration of the Bu-
reau, including such expenses in field offices; maintaining
of Indian reservation roads as defined in 23 U.S.C. 101;
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and construction, repair, and improvement of Indian hous-
ing, $1,526,815,000, to remain available until September
30, 1999 except as otherwise provided herein, of which
not to exceed $93,825,000 shall be for welfare assistance
payments and not to exceed $105,829,000 shall be for
payments to tribes and tribal organizations for contract
support costs associated with ongoing contracts or grants
or compacts entered into with the Bureau prior to fiscal
year 1998, as authorized by the Indian Self-Determination
Act of 1975, as amended, and up to $5,000,000 shall be
for the Indian Self-Determination Fund, which shall be
available for the transitional cost of initial or expanded
tribal contracts, grants, compacts, or cooperative agree-
ments with the Bureau under such Act; and of which not
to exceed $374,290,000 for school operations costs of Bu-
reau-funded schools and other education programs shall
become available on July 1, 1998, and shall remain avail-
able until September 30, 1999; and of which not to exceed
$59,775,000 shall remain available until expended for
housing improvement, road maintenance, attorney fees,
litigation support, self-governance grants, the Indian Self-
Determination Fund, land records improvements and the
Navajo-Hopi Settlement Program: Provided, That tribes
and tribal contractors may use their tribal priority alloca-
tions for unmet indirect costs of ongoing contracts, grants
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or compact agreements and for unmet welfare assistance
costs: Provided further, That funds made available to
tribes and tribal organizations through contracts, compact
agreements, or grants obligated during fiscal years 1998
and 1999, as authorized by the Indian Self-Determination
Act of 1975, or grants authorized by the Indian Education
Amendments of 1988 (25 U.S.C. 2001 and 2008A) shall
remain available until expended by the contractor or
grantee: Provided further, That to provide funding uni-
formity within a Self-Governance Compact, any funds pro-
vided in this Act with availability for more than two years
may be reprogrammed to two year availability but shall
remain available within the Compact until expended: Pro-
vided further, That notwithstanding any other provision of
law, Indian tribal governments may, by appropriate
changes in eligibility criteria or by other means, change
eligibility for general assistance or change the amount of
general assistance payments for individuals within the
service area of such tribe who are otherwise deemed eligi-
ble for general assistance payments so long as such
changes are applied in a consistent manner to individuals
similarly situated: Provided further, That any savings real-
ized by such changes shall be available for use in meeting
other priorities of the tribes: Provided further, That any
net increase in costs to the Federal Government which re-
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sult solely from tribally increased payment levels for gen-
eral assistance shall be met exclusively from funds avail-
able to the tribe from within its tribal priority allocation:
Provided further, That any forestry funds allocated to a
tribe which remain unobligated as of September 30, 1998,
may be transferred during fiscal year 1999 to an Indian
forest land assistance account established for the benefit
of such tribe within the tribe’s trust fund account: Pro-
vided further, That any such unobligated balances not so
transferred shall expire on September 30, 1999: Provided
further, That notwithstanding any other provision of law,
no funds available to the Bureau, other than the amounts
provided herein for assistance to public schools under 25
U.S.C. 452 et seq., shall be available to support the oper-
ation of any elementary or secondary school in the State
of Alaska in fiscal year 1998: Provided further, That funds
made available in this or any other Act for expenditure
through September 30, 1999 for schools funded by the
Bureau shall be available only to the schools in the Bureau
school system as of September 1, 1996: Provided further,
That no funds available to the Bureau shall be used to
support expanded grades for any school or dormitory be-
yond the grade structure in place or approved by the Sec-
retary of the Interior at each school in the Bureau school
system as of October 1, 1995: Provided further, That be-
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ginning in fiscal year 1998 and thereafter and notwith-
standing 25 U.S.C. 2012(h)(1)(B), when the rates of basic
compensation for teachers and counselors at Bureau-oper-
ated schools are established at the rates of basic com-
pensation applicable to comparable positions in overseas
schools under the Defense Department Overseas Teachers
Pay and Personnel Practices Act, such rates shall become
effective with the start of the next academic year following
the issuance of the Department of Defense salary schedule
and shall not be effected retroactively: Provided further,
That the Cibecue Community School may use prior year
school operations funds for the construction of a new high
school facility which is in compliance with 25 U.S.C.
2005(a) provided that any additional construction costs
for replacement of such facilities begun with prior year
funds shall be completed exclusively with non-Federal
funds.
CONSTRUCTION
For construction, major repair, and improvement of
irrigation and power systems, buildings, utilities, and
other facilities, including architectural and engineering
services by contract; acquisition of lands, and interests in
lands; and preparation of lands for farming, and for con-
struction of the Navajo Indian Irrigation Project pursuant
to Public Law 87–483, $110,751,000, to remain available
until expended: Provided, That such amounts as may be
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available for the construction of the Navajo Indian Irriga-
tion Project may be transferred to the Bureau of Reclama-
tion: Provided further, That not to exceed 6 per centum
of contract authority available to the Bureau of Indian
Affairs from the Federal Highway Trust Fund may be
used to cover the road program management costs of the
Bureau: Provided further, That any funds provided for the
Safety of Dams program pursuant to 25 U.S.C. 13 shall
be made available on a non-reimbursable basis: Provided
further, That for fiscal year 1998, in implementing new
construction or facilities improvement and repair project
grants in excess of $100,000 that are provided to tribally
controlled grant schools under Public Law 100–297, as
amended, the Secretary of the Interior shall use the Ad-
ministrative and Audit Requirements and Cost Principles
for Assistance Programs contained in 43 CFR part 12 as
the regulatory requirements: Provided further, That such
grants shall not be subject to section 12.61 of 43 CFR;
the Secretary and the grantee shall negotiate and deter-
mine a schedule of payments for the work to be performed:
Provided further, That in considering applications, the
Secretary shall consider whether the Indian tribe or tribal
organization would be deficient in assuring that the con-
struction projects conform to applicable building stand-
ards and codes and Federal, tribal, or State health and
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safety standards as required by 25 U.S.C. 2005(a), with
respect to organizational and financial management capa-
bilities: Provided further, That if the Secretary declines an
application, the Secretary shall follow the requirements
contained in 25 U.S.C. 2505(f): Provided further, That
any disputes between the Secretary and any grantee con-
cerning a grant shall be subject to the disputes provision
in 25 U.S.C. 2508(e).
INDIAN LAND AND WATER CLAIM SETTLEMENTS AND
MISCELLANEOUS PAYMENTS TO INDIANS
For miscellaneous payments to Indian tribes and in-
dividuals and for necessary administrative expenses,
$41,352,000, to remain available until expended; of which
$40,500,000 shall be available for implementation of en-
acted Indian land and water claim settlements pursuant
to Public Laws 101–618, 102–374, 102–575, and for im-
plementation of other enacted water rights settlements, in-
cluding not to exceed $8,000,000, which shall be for the
Federal share of the Catawba Indian Tribe of South Caro-
lina Claims Settlement, as authorized by section 5(a) of
Public Law 103–116; and of which $852,000 shall be
available pursuant to Public Laws 99–264 and 100–580:
Provided, That the Secretary is directed to sell land and
interests in land, other than water rights, acquired in con-
formance with section 2 of the Truckee River Water Qual-
ity Settlement Agreement, the receipts of which shall be
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deposited to the Lahontan Valley and Pyramid Lake Fish
and Wildlife Fund, and be available for the purposes of
section 2 of such Agreement, without regard to the limita-
tion on the distribution of benefits in the second sentence
of paragraph 206(f)(2) of Public Law 101–618.
INDIAN GUARANTEED LOAN PROGRAM ACCOUNT
For the cost of guaranteed loans, $4,500,000, as au-
thorized by the Indian Financing Act of 1974, as amend-
ed: Provided, That such costs, including the cost of modi-
fying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That
these funds are available to subsidize total loan principal,
any part of which is to be guaranteed, not to exceed
$34,615,000.
In addition, for administrative expenses to carry out
the guaranteed loan programs, $500,000.
ADMINISTRATIVE PROVISIONS
Appropriations for the Bureau of Indian Affairs (ex-
cept the revolving fund for loans, the Indian loan guaran-
tee and insurance fund, the Technical Assistance of Indian
Enterprises account, the Indian Direct Loan Program ac-
count, and the Indian Guaranteed Loan Program account)
shall be available for expenses of exhibits, and purchase
of not to exceed 229 passenger motor vehicles, of which
not to exceed 187 shall be for replacement only.
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Notwithstanding any other provision of law, no funds
available to the Bureau of Indian Affairs for central office
operations or pooled overhead general administration shall
be available for tribal contracts, grants, compacts, or coop-
erative agreements with the Bureau of Indian Affairs
under the provisions of the Indian Self-Determination Act
or the Tribal Self-Governance Act of 1994 (Public Law
103–413).
DEPARTMENTAL OFFICES
INSULAR AFFAIRS
ASSISTANCE TO TERRITORIES
For expenses necessary for assistance to territories
under the jurisdiction of the Department of the Interior,
$68,214,000, of which (1) $64,365,000 shall be available
until expended for technical assistance, including mainte-
nance assistance, disaster assistance, insular management
controls, and brown tree snake control and research;
grants to the judiciary in American Samoa for compensa-
tion and expenses, as authorized by law (48 U.S.C.
1661(c)); grants to the Government of American Samoa,
in addition to current local revenues, for construction and
support of governmental functions; grants to the Govern-
ment of the Virgin Islands as authorized by law; grants
to the Government of Guam, as authorized by law; and
grants to the Government of the Northern Mariana Is-
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lands as authorized by law (Public Law 94–241; 90 Stat.
272); and (2) $3,849,000 shall be available for salaries
and expenses of the Office of Insular Affairs: Provided,
That all financial transactions of the territorial and local
governments herein provided for, including such trans-
actions of all agencies or instrumentalities established or
utilized by such governments, may be audited by the Gen-
eral Accounting Office, at its discretion, in accordance
with chapter 35 of title 31, United States Code: Provided
further, That Northern Mariana Islands Covenant grant
funding shall be provided according to those terms of the
Agreement of the Special Representatives on Future Unit-
ed States Financial Assistance for the Northern Mariana
Islands approved by Public Law 99–396, or any subse-
quent legislation related to Commonwealth of the North-
ern Mariana Islands grant funding: Provided further, That
of the amounts provided for technical assistance, sufficient
funding shall be made available for a grant to the Close
Up Foundation: Provided further, That the funds for the
program of operations and maintenance improvement are
appropriated to institutionalize routine operations and
maintenance improvement of capital infrastructure in
American Samoa, Guam, the Virgin Islands, the Common-
wealth of the Northern Mariana Islands, the Republic of
Palau, the Republic of the Marshall Islands, and the Fed-
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eral Register on September 16, 1987, by the Department
of Health and Human Services, relating to the eligibility
for the health care services of the Indian Health Service
until the Indian Health Service has submitted a budget
request reflecting the increased costs associated with the
proposed final rule, and such request has been included
in an appropriations Act and enacted into law: Provided
further, That funds made available in this Act are to be
apportioned to the Indian Health Service as appropriated
in this Act, and accounted for in the appropriation struc-
ture set forth in this Act: Provided further, That funds
received from any source, including tribal contractors and
compactors for previously transferred functions which
tribal contractors and compactors no longer wish to retain,
for services, goods, or training and technical assistance,
shall be retained by the Indian Health Service and shall
remain available until expended by the Indian Health
Service: Provided further, That reimbursements for train-
ing, technical assistance, or services provided by the In-
dian Health Service will contain total costs, including di-
rect, administrative, and overhead associated with the pro-
vision of goods, services, or technical assistance: Provided
further, That the appropriation structure for the Indian
Health Service may not be altered without advance ap-