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‘‘(1) IN GENERAL.—Notwithstanding the provi-
sions of any lease to the contrary, upon request of
the lessee or a State under section 205(g), the Sec-
retary shall authorize a lessee for a marginal prop-
erty and for a lease, the administration of which is
not cost-effective for the Secretary to administer, to
make a prepayment in lieu of royalty payments
under the lease for the remainder of the lease term.
For the purposes of this section, the term ‘marginal
property’ has the same meaning given such term in
section 111(k)(4), unless the Secretary, together
with each State in which such marginal production
occurs, determines that a different definition of mar-
ginal property better achieves the purpose of this
section.
‘‘(2) MARGINAL
PROPERTIES.—For marginal
properties, prepayments under paragraph (1) shall
begin—
‘‘(A) in the case of those properties pro-
ducing on average $500 or less per month in
total royalties to the United States, two years
after the date of the enactment of this section;
‘‘(B) in the case of those properties pro-
ducing on average more than $500 but $1,000
or less per month in total royalties to the
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United States, three years after the date of the
enactment of this section;
‘‘(C) in the case of those properties pro-
ducing on average more than $1,000 but
$1,500 or less per month in total royalties to
the United States, four years after the date of
the enactment of this section; and
‘‘(D) in the case of those properties not de-
scribed in subparagraphs (A) through (C), five
years after the date of the enactment of this
section.
‘‘(3) ADMINISTRATION NOT COST-EFFECTIVE.—
For a lease, the administration of which is not cost-
effective for the Secretary to administer, prepay-
ments under paragraph (1) shall begin on the date
of the enactment of this section.
‘‘(4) SATISFACTION
OF
ROYALTY
OBLIGA-
TION.—A lessee who makes a prepayment under this
section shall have satisfied in full its obligation to
pay royalty on production from the lease or a por-
tion of a lease and shall not be required to submit
any royalty reports to the Secretary. The prepay-
ment shall be shared by the Secretary with any
State or other recipient to the same extent as any
royalty payment for such lease.
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‘‘(5) VALUATION.—The prepayment authorized
under this section shall only occur if the Secretary,
the State concerned, and the lessee determine that
such prepayment is based on the present value of
the projected remaining royalties from the produc-
tion from the lease, based on appropriate nominal
discount rate for a comparable term. Prior to ac-
cepting such prepayment, the Secretary and State
concerned shall agree that such prepayment is in the
best interest of the United States and the State con-
cerned.
‘‘(b) ALTERNATIVE ACCOUNTING AND AUDITING RE-
QUIREMENTS.—
‘‘(1) IN GENERAL.—Within one year after the
date of the enactment of this section, for the mar-
ginal properties referenced in subsection (a)(1), the
Secretary shall provide accounting, reporting, and
auditing relief that will encourage lessees to continue
to produce and develop such properties: Provided,
That such relief will only be available to lessees in
a State that concurs. Prior to granting such relief,
the Secretary and the State concerned shall agree
that the type of marginal wells and relief provided
under this paragraph is in the best interest of the
United States and the State concerned.
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‘‘(2) PAYMENT
DATE.—For leases subject to
this section, the Secretary may allow royalties to be
paid later than the time specified in the lease.’’.
(b) CLERICAL AMENDMENT.—The table of contents
in section 1 of such Act (30 U.S.C. 1701) is amended by
adding after the item relating to section 115 the following
new item:
‘‘Sec. 116. Alternatives for marginal properties.’’.
SEC. 9519. ROYALTY IN KIND.
(a) IN GENERAL.—
(1) OCS.—Section 27(a)(1) of the Outer Con-
tinental Shelf Lands Act (43 U.S.C. 1353(a)(1)) is
amended by adding at the end the following:
‘‘Any royalty or net profit share of oil or gas accruing
to the United States under any such lease, at the Sec-
retary’s option, may be taken in kind at or near the lease
(unless the lease expressly provides for delivery at a dif-
ferent location) upon prior written notice given reasonably
in advance by the Secretary to the lessee. Once the United
States has commenced taking royalty in kind, it shall con-
tinue to do so until a reasonable time after the Secretary
has provided written notice reasonably in advance to the
lessee that it will resume taking royalty in value. Delivery
of royalty in kind by the lessee shall satisfy in full the
lessee’s royalty obligation. Once the oil or gas is delivered,
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the lessee shall not be subject to the reporting and record-
keeping requirements under section 103 for its share of
oil and gas production other than records necessary to ver-
ify the quantity of oil or gas delivered.’’.
(2) ONSHORE.—Section 36 of the Mineral
Leasing Act (30 U.S.C. 192) is amended by adding
at the end the following undesignated paragraph:
‘‘Notwithstanding the provisions of the previous para-
graph, any royalty or net profit share of oil or gas accru-
ing to the United States under any lease issued or main-
tained by the Secretary for the exploration, production
and development of oil and gas on Federal lands, at the
Secretary’s option, may be taken in kind at or near the
lease (unless the lease expressly provides for delivery at
a different location) after prior written notice given rea-
sonably in advance by the Secretary to the lessee. Once
the United States has commenced taking royalty in kind,
it shall continue to do so until a reasonable time after the
Secretary has provided written notice reasonably in ad-
vance to the lessee that it will resume taking royalty in
value. Delivery of royalty in kind by the lessee shall satisfy
in full the lessee’s royalty obligation. Once the oil or gas
is delivered, the lessee shall not be subject to the reporting
and recordkeeping requirements under section 103 for its
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share of oil and gas production other than records nec-
essary to verify the quantity of oil or gas delivered.’’.
(b) SALE.—Sections 27(b)(1) and (c)(1) of the Outer
Continental Shelf Lands Act (43 U.S.C. 1353(c)(1)) are
each amended by striking ‘‘competitive bidding for not
more than its regulated price, or, if no regulated price ap-
plies, not less than its fair market value’’ and inserting
‘‘competitive bidding or private sale’’.
SEC. 9520. ROYALTY SIMPLIFICATION AND COST-EFFEC-
TIVE AUDIT AND COLLECTION REQUIRE-
MENTS.
(a) IN GENERAL.—Section 101 of the Federal Oil
and Gas Royalty Management Act of 1982 (30 U.S.C.
1711) is amended by adding at the end the following:
‘‘(d)(1) For the purpose of reducing costs and in-
creasing net royalties to the United States and the States,
the Secretary, in consultation with States concerned, shall,
within one year after the date of the enactment of this
subsection, streamline and simplify current royalty man-
agement requirements and practices, including royalty re-
porting, instructions, audits and collections. This stream-
lining and simplification shall specifically include—
‘‘(A) elimination of all unnecessary royalty and
production reports;
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‘‘(B) modification and simplification of remain-
ing reports and associated instructions to eliminate
redundant or unnecessary reports and information
that are provided or can be obtained from other re-
quired reports, forms, computer databases or gov-
ernment agencies;
‘‘(C) elimination or modifications of accounting,
reporting, audit and collection requirements that are
not cost-effective, particularly those associated with
de minimis monetary amounts;
‘‘(D) implementation of specific recommenda-
tions and comments contained in Secretarial spon-
sored teams, rulemakings, and studies or those par-
ticipated in by the Secretary to the extent these rec-
ommendations simplify and streamline royalty man-
agement requirements without adversely affecting
the Secretary’s ability to meet obligations under this
Act or other mineral leasing statutes;
‘‘(E) recommendations and comments submit-
ted by interested parties to the extent these rec-
ommendations and comments simplify and stream-
line royalty management requirements without ad-
versely affecting the Secretary’s ability to meet obli-
gations under this Act or other mineral leasing stat-
utes.
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‘‘(2) The Secretary shall submit to the Congress a
progress report on the implementation of this section with-
in six months from date of enactment of this Act, and
a final report within 12 months from date of enactment
of this Act. These reports shall include—
‘‘(A) a description of the extent to which the
Secretary has implemented the requirements in
paragraph (1), including a list of specific initiatives
implemented;
‘‘(B) a list and description of additional initia-
tives identified by the Secretary to simplify and
streamline royalty management requirements and
practices; and
‘‘(C) cost savings of implemented initiatives in-
cluding impact on net-receipts sharing for States.
‘‘(3) If the Secretary and the State concerned deter-
mines that the cost of accounting and auditing for and
collecting of any obligation due for any oil and gas produc-
tion exceeds the amount of the obligation to be collected,
the Secretary shall waive such obligation.
‘‘(4) The Secretary and the State concerned shall not
perform accounting, reporting, or audit activities if the
Secretary and the State concerned determines that the
cost of conducting the activity exceeds the expected
amount to be collected by the activity.
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‘‘(5) The Secretary and the State concerned shall de-
velop a reporting and audit strategy which eliminates mul-
tiple or redundant reporting of information.’’.
(b) PAPERWORK REDUCTION.—Section 107 of the
Federal Oil and Gas Royalty Management Act of 1982
(30 U.S.C. 1717), as amended by section 9513(b) and (c),
is amended by adding at the end the following:
‘‘(e) PAPERWORK REDUCTION.—Administrative ac-
tions and investigations (including, but not limited to, ac-
counting collection and audits) under this Act involving
obligations shall be subject to section 3518(c)(1)(B) of
title 44, United States Code.’’.
SEC. 9521. REPEALS.
(a) FOGRMA.—Section 307 of the Federal Oil and
Gas Royalty Management Act of 1982 (30 U.S.C. 1755),
is repealed. Section 1 of such Act (relating to the table
of contents) is amended by striking out the item relating
to section 307.
(b) OCSLA.—Effective on the date of the enactment
of this Act, section 10 of the Outer Continental Shelf
Lands Act (43 U.S.C. 1339) is repealed.
SEC. 9522. DELEGATION TO STATES.
(a) GENERAL AUTHORITY.—Section 205(a) of the
Federal Oil and Gas Royalty Management Act of 1982
(30 U.S.C. 1735(a)) is amended to read as follows:
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‘‘(a) Upon written request of any State, the Secretary
is authorized to delegate, in accordance with the provisions
of this section, all or part of the authorities and respon-
sibilities of the Secretary under this Act to conduct inspec-
tions, such production and royalty accounting duties and
responsibilities as the Secretary determines are legally del-
egable, all audit coverage, and investigations to any State
with respect to all Federal lands within the State.’’.
(b) STANDARDIZED REPORTING.—Section 205(b) of
such Act (30 U.S.C. 1735(b)) is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(2);
(2) by striking the comma at the end of para-
graph (3) and inserting ‘‘; and’’; and
(3) by inserting after paragraph (3) the follow-
ing:
‘‘(4) the State agrees to adopt Federal stand-
ardized reporting for Federal royalty accounting and
collection purposes,’’.
(c) COST EFFECTIVE COLLECTION OF DE MINIMIS
ROYALTY AMOUNTS.—Section 205 of such Act (30 U.S.C.
1735) is amended by adding at the end the following:
‘‘(g) Upon written request of any State, the Secretary
is authorized to delegate for any year the responsibility
to collect royalties from all Federal leases within the State
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if the average amount per year of mineral revenues re-
ceived by the State on all such leases under all Federal
mineral leasing laws for the previous five years is less than
$100,000. The State may also request that the Secretary
sell the revenue stream from all or part of the Federal
leases within the State in accordance with section 116 of
the Federal Oil and Gas Royalty Management Act of
1982, as added by section 9518 of the Federal Oil and
Gas Royalty Simplification and Fairness Act of 1995.’’.
SEC. 9523. PERFORMANCE STANDARD.
Section 109 of the Federal Oil and Gas Royalty Man-
agement Act of 1982 (30 U.S.C. 1719) is amended in sub-
sections (c) and (d), by striking ‘‘knowingly or willfully’’
and inserting ‘‘by willful misconduct or gross negligence’’
each place it appears.
SEC. 9524. INDIAN LANDS.
The amendments made by this part shall not apply
with respect to Indian lands, and the provisions of the
Federal Oil and Gas Royalty Management Act of 1982
as in effect on the day before the date of enactment of
this Act shall continue to apply after such date with re-
spect to Indian lands.
SEC. 9525. PRIVATE LANDS.
This part shall not apply to any privately owned min-
erals.
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SEC. 9526. EFFECTIVE DATE.
Except as provided by section 115(e), section 111(h),
section 111(k)(5), and section 116 of the Federal Oil and
Gas Royalty Management Act of 1982 (as added by this
part), this part, and the amendments made by this part,
shall apply with respect to the production of oil and gas
after the first day of the month following the date of the
enactment of this Act.
Subtitle F—Indian Gaming
SEC. 9601. INDIAN GAMING.
(a) COMMISSION FUNDING.—Section 18(a) of the In-
dian Gaming Regulatory Act (25 U.S.C. 2717(a)) is
amended by striking out ‘‘$1,500,000’’ each place it ap-
pears and inserting in lieu thereof ‘‘$2,500,000’’.
(b) AUTHORIZATION OF APPROPRIATIONS.—Section
19(a) of the Indian Gaming Regulatory Act (25 U.S.C.
2718(a)) is amended by striking out all after ‘‘(a)’’ and
inserting in lieu thereof the following: ‘‘Notwithstanding
the provisions of section 18, no funds may be authorized
to be appropriated for the operation of the Commission.’’.
Subtitle G—Consultation
SEC. 9701. CONSULTATION.
Section 7(d) of the Endangered Species Act of 1973
(16 U.S.C. 1536(d)) is amended to read as follows:
‘‘(d) 
LIMITATION
ON
COMMITMENT
OF
RE-
SOURCES.—After initiation of consultation required under
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subsection (a)(2) of this section, the Federal agency and
the permit or license applicant shall not make any irre-
versible or irretrievable commitment of resources with re-
spect to the agency action which has the effect of foreclos-
ing the formulation or implementation of any reasonable
and prudent alternative measures which would not violate
subsection (a)(2) of this section. This limitation on the
commitment of resources is only applicable to consulta-
tions regarding site-specific projects and activities, and
shall not apply to any consultation regarding an agency’s
periodic or long-term planning activities, mission or policy
statements, programmatic documents, or general policies,
regulations, or activities, whether or not such consultation
has previously been initiated pursuant to a court order,
and regardless of the date on which consultation was or-
dered or initiated.’’.
Subtitle H—Mapping
SEC. 9801. SHORT TITLE.
This subtitle may be cited as the ‘‘Department of the
Interior Surveying and Mapping Efficiency and Economic
Opportunity Act of 1995’’.
SEC. 9802. SURVEYING AND MAPPING CONTRACTING PRO-
GRAM.
In order to provide private firms, including small and
small disadvantaged businesses, ample opportunities to
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provide quality services to the Department of the Interior
(hereinafter referred to as the ‘‘Department’’), the Sec-
retary of the Interior (hereinafter referred to as the ‘‘Sec-
retary’’) shall conduct a surveying and mapping contract-
ing program.
SEC. 9803. INVENTORY OF ACTIVITIES.
(a) PUBLICATION OF INVENTORY.—Not later than
90 days after the date of enactment of this Act, the Sec-
retary, in consultation with the Administrator of the Of-
fice of Federal Procurement Policy, the Administrator of
the Small Business Administration and the trade associa-
tion of private surveying and mapping firms, shall publish
an inventory of surveying and mapping activities in the
Department of the Interior for the last fiscal year com-
pleted prior to the date of enactment of this Act.
(b) ITEMS INCLUDED.—The inventory shall include
each of the following:
(1) The total dollar value of surveying and
mapping activities in each agency of the Depart-
ment.
(2) The total dollar value of surveying and
mapping activities in each agency of the Department
performed by contract with private sector firms.
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(3) The total dollar value of surveying and
mapping activities in each agency of the Department
performed by personnel of the Department.
(4) The total dollar value of surveying and
mapping activities in each agency of the Department
performed for any other department or agency of the
Federal Government.
(5) The total dollar value of surveying and
mapping activities in each agency of the Department
performed for any State or political subdivision
thereof, or for any foreign government.
(6) The total number of personnel involved in
surveying and mapping activities in each agency of
the Department.
SEC. 9804. PLAN TO INCREASE USE OF CONTRACTS.
(a) ESTABLISHMENT.—Based on the inventory con-
ducted pursuant to section 9803 of this Act, not later than
180 days after the date of enactment of this Act, the Sec-
retary, in consultation with the Administrator of the Of-
fice of Federal Procurement Policy, the Administrator of
the Small Business Administration and the trade associa-
tion of private surveying and mapping firms, shall develop
and implement a plan to increase the use of contracts with
private firms for surveying and mapping services.
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(b) ITEMS INCLUDED IN PLAN.—The plan estab-
lished pursuant to subsection (a) of this section shall in-
clude, but not be limited to each of the following:
(1) A reduction of surveying and mapping ac-
tivities by personnel in the Department that dupli-
cate capabilities available by contract from the pri-
vate sector.
(2) A reduction of acquisition and maintenance
of surveying and mapping equipment that duplicate
capabilities and capital investment already made by
the private sector.
(3) The elimination of unfair Government com-
petition in activities in which the Department uses
its personnel to perform surveying and mapping for
which it shares the cost with, is reimbursed for, or
makes a grant to any other agency of the Federal
Government, a State or political subdivision thereof,
or a foreign government, for such activities, when
such activities can be obtained by contract from the
private sector.
(4) The use of contracts to perform surveying
and mapping requirements of the Department cre-
ated through attrition.
(5) The enhancement of the leadership role of
the Department of the Interior in—
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(A) the preparation of standards and spec-
ifications;
(B) research in surveying and mapping in-
strumentation and procedures, and the prompt
transfer of technology to the private sector;
(C) providing technical guidance, coordina-
tion, cost sharing, cooperative efforts and ad-
ministration in the use of Federal funds for
surveying and mapping activities, and the devel-
opment of geographic information systems, that
are performed by the private sector by the con-
tract to Federal, State, and local government
agencies;
(D) establishing a schedule with quantifi-
able goals for increasing the use of contracts
with private sector for current and future sur-
veying and mapping activities; and
(E) using Department personnel to per-
form only those surveying and mapping activi-
ties that are inherently governmental in nature,
necessary to keep current the skills of such per-
sonnel for evaluating contractor performance
and administering contracts, and to perform
basic research.
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SEC. 9805. REPORTS.
The Secretary shall transmit to the Committee on
Resources of the House of Representatives and the Com-
mittee on Energy and Natural Resources of the Senate
a report on implementation of the program not later than
January 15 of each year.
SEC. 9806. DEFINITIONS.
As used in this subtitle:
(1) The term ‘‘surveying and mapping’’ means
collecting, storing, retrieving, or disseminating
graphical or digital data depicting natural or man-
made physical features, phenomena and boundaries
of the earth and any information related thereto, in-
cluding but not limited to data shown on or in rela-
tion to surveys, maps, and charts.
(2) The ‘‘contract’’ means an instrument to re-
tain private firms with licensed, certified, or other-
wise qualified professionals in such fields as survey-
ing, photogrammetry, cartography, and geodesy,
which shall be awarded in accordance with the selec-
tion procedures in title IX of the Federal Property
and Administrative Services Act of 1949 (40 U.S.C.
541 and following).
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TITLE 
X—COMMITTEE 
ON
TRANSPORTATION 
AND 
IN-
FRASTRUCTURE
Subtitle A—Water Resources
SEC. 10001. COMMERCIAL CONCESSIONS AT CORPS OF EN-
GINEERS PROJECTS.
Notwithstanding part 1 of subtitle C of title IX of
this Act, the Secretary of the Army shall not modify any
concession service agreement, concession license, or simi-
lar instrument (or any policy or procedure relating to such
agreement, license, or agreement) except to the extent that
such modification is permitted under laws in effect on the
day before the date of the enactment of this Act.
SEC. 10002. FEMA RADIOLOGICAL EMERGENCY PREPARED-
NESS FEES.
(a) IN GENERAL.—The Director of the Federal
Emergency Management Agency may assess and collect
fees applicable to persons subject to radiological emer-
gency preparedness regulations issued by the Director.
(b) REQUIREMENTS.—The assessment and collection
of fees by the Director under subsection (a) shall be fair
and equitable and shall reflect the full amount of costs
to the Agency of providing radiological emergency plan-
ning, preparedness, response, and associated services.
Such fees shall be assessed by the Director in a manner
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which reflects the use of resources of the Agency for class-
es of regulated persons and the administrative costs of col-
lecting such fees.
(c) AMOUNT OF FEES.—The aggregate amount of
fees assessed under subsection (a) in a fiscal year shall
approximate, but not be less than, 100 percent of the
amounts anticipated by the Director to be obligated for
the radiological emergency preparedness program of the
Agency for such fiscal year.
(d) DEPOSIT OF FEES IN TREASURY.—Fees received
pursuant to subsection (a) shall be deposited in the gen-
eral fund of the Treasury as offsetting receipts.
(e) EXPIRATION OF AUTHORITY.—The authority of
the Director to assess and collect fees under subsection
(a) shall expire on September 30, 2002.
Subtitle B—Ocean Shipping
Reform
SEC. 10201. SHORT TITLE.
This subtitle may be cited as the ‘‘Ocean Shipping
Reform Act of 1995’’.
CHAPTER 1—OCEAN SHIPPING REFORM
SEC. 10211. PURPOSES.
Section 2 of the Shipping Act of 1984 (46 U.S.C.
App. 1701) is amended—