H. R. 2107—59
in this Act and proceed to complete the forest plan revision in
accordance with current forest planning regulations.
SEC. 333. No part of any appropriation contained in this Act
shall be expended or obligated to complete and issue the five-
year program under the Forest and Rangeland Renewable Resources
Planning Act.
SEC. 334. (a) WATERSHED RESTORATION
AND ENHANCEMENT
AGREEMENTS.—For fiscal year 1998, appropriations for the Forest
Service may be used by the Secretary of Agriculture for the purpose
of entering into cooperative agreements with willing State and
local governments, private and nonprofit entities and landowners
for protection, restoration and enhancement of fish and wildlife
habitat, and other resources on public or private land or both
that benefit these resources within the watershed.
(b) DIRECT AND INDIRECT WATERSHED AGREEMENTS.—The Sec-
retary of Agriculture may enter into a watershed restoration and
enhancement agreement—
(1) directly with a willing private landowner; or
(2) indirectly through an agreement with a State, local
or tribal government or other public entity, educational institu-
tion, or private nonprofit organization.
(c) TERMS AND CONDITIONS.—In order for the Secretary to enter
into a watershed restoration and enhancement agreement—
(1) the agreement shall—
(A) include such terms and conditions mutually agreed
to by the Secretary and the landowner;
(B) improve the viability of and otherwise benefit the
fish, wildlife, and other resources on national forests lands
within the watershed;
(C) authorize the provision of technical assistance by
the Secretary in the planning of management activities
that will further the purposes of the agreement;
(D) provide for the sharing of costs of implementing
the agreement among the Federal Government, the land-
owner(s), and other entities, as mutually agreed on by
the affected interests; and
(E) ensure that any expenditure by the Secretary
pursuant to the agreement is determined by the Secretary
to be in the public interest; and
(2) the Secretary may require such other terms and condi-
tions as are necessary to protect the public investment on
non-Federal lands, provided such terms and conditions are
mutually agreed to by the Secretary and other landowners,
State and local governments or both.
SEC. 335. The joint resolution entitled ‘‘Joint Resolution to
establish a commission to formulate plans for a memorial to Frank-
lin Delano Roosevelt’’, approved August 11, 1955 (69 Stat. 694),
is amended—
(1) in the first section by inserting before the last sentence
the following: ‘‘The Commission shall submit a final report
to the President and Congress prior to termination.’’;
(2) by redesignating section 4 as section 5; and
(3) by inserting after section 3 the following:
‘‘TERMINATION OF THE COMMISSION
‘‘SEC. 4. (a) IN GENERAL.—The Commission shall terminate
on the earlier of—
H. R. 2107—60
‘‘(1) December 31, 1997; or
‘‘(2) the date that the Commission reports to the President
and the Congress that the Commission’s work is complete.
‘‘(b) COMMISSION FUNDS.—
‘‘(1) DESIGNATION.—Before the termination of the Commis-
sion, the Commission shall designate a nonprofit organization
to collect, manage, and expend Commission funds after its
termination.
‘‘(2) TRANSFER OF FUNDS.—Before termination the Commis-
sion shall transfer all Commission funds to the entity des-
ignated under paragraph (1).
‘‘(3) AMOUNTS COLLECTED AFTER TERMINATION.—The entity
designated under paragraph (1) shall have the right to collect
any amounts accruing to the Commission after the Commis-
sion’s termination, including amounts—
‘‘(A) given to the Commission as a gift or bequest;
or
‘‘(B) raised from the sale of coins issued under the
United States Commemorative Coin Act of 1996 (110 Stat.
4005; 31 U.S.C. 5112 note).
‘‘(4) USES OF FUNDS.—The Commission may specify uses
for any funds made available under this section to the entity
designated under paragraph (1), including—
‘‘(A) to provide for the support, maintenance, and repair
of the Memorial; and
‘‘(B) to interpret and educate the public about the
Memorial.
‘‘(5) NEGOTIATION AND CONTRACT.—The Commission may
negotiate and contract with a nonprofit organization before
designating the organization under paragraph (1).’’.
SEC. 336. To facilitate priority land exchanges through which
the United States will receive land within the White Salmon Wild
and Scenic River boundaries and within the Columbia River Gorge
National Scenic Area, the Secretary of Agriculture may, until
September 30, 2000, accept title to such lands deemed appropriate
by the Secretary within the States of Oregon and Washington,
regardless of the State in which the transferred lands are located,
following existing exchange authorities.
SEC. 337. The boundary of the Wenatchee National Forest
in Chelan County, Washington, is hereby adjusted to exclude section
1 of Township 23 North, Range 19 East, Willamette Meridian.
SEC. 338. None of the funds provided in this Act can be used
for any activities associated with the Center of Excellence for
Sustainable Development unless a budget request has been submit-
ted and approved by the Committees on Appropriations of the
House of Representatives and the Senate.
SEC. 339. (a) No funds provided in this or any other Act may
be expended to develop a rulemaking proposal to amend or replace
the Bureau of Land Management regulations found at 43 CFR
3809 or to prepare a draft environmental impact statement on
such proposal, until the Secretary of the Interior certifies to the
Committees on Energy and Natural Resources and Appropriations
of the Senate and the Committees on Resources and Appropriations
of the House of Representatives that the Department of the Interior
has consulted with the Governor, or his/her representative, from
each State that contains public lands open to location under the
General Mining Laws.
H. R. 2107—61
(b) The Secretary shall not publish proposed regulations to
amend or replace the Bureau of Land Management regulations
found at 43 CFR 3809 prior to November 15, 1998, and shall
not finalize such regulations prior to 90 days after such publication.
SEC. 340. (a) The Secretary of Agriculture is authorized and
directed to negotiate with Skamania County for the exchange of
lands or interests in lands constituting the Wind River Nursery
Site within the Gifford Pinchot National Forest, Washington.
(b) In return for the Nursery Site properties, Skamania County
is authorized and directed to negotiate with the Forest Service
the conveyance of approximately 120 acres of high biodiversity,
special management lands located near Table Mountain within
the Columbia River Gorge National Scenic Area, title to which
must be acceptable to the Secretary of Agriculture.
(c) Before this exchange can occur, it must be of equal value
and the Secretary and the Skamania County Board of Commis-
sioners must agree on the exact parcels of land to be included
in the exchange. An agreement signed by the Secretary of Agri-
culture and the Skamania County Board of Commissioners describ-
ing the properties involved and a certification that the exchange
is of equal value must be completed no later than September
30, 1999.
(d) During this two-year negotiating period, the Wind River
Nursery property shall not be conveyed to another party. The Forest
Service shall maintain the site in a tenantable condition.
(e) Except as provided herein, the exchange shall be for equal
value in accordance with land exchange authorities applicable to
the National Forest System.
(f) The Secretary is directed to equalize values by not only
cash and exchange of lands, easements, reservations, and other
interests in lands, but also by full value credit for such services
as Skamania County provides to the Gifford Pinchot and Columbia
River Gorge National Scenic Area and as the Secretary and
Skamania County deem appropriate. The Secretary may accept
services in lieu of cash when the Secretary can discern cash value
for the services and when the Secretary determines such services
would provide direct benefits to lands and resources and users
of such lands and resources under the jurisdiction of the Secretary.
(g) Any cash equalization which Skamania County elects to
make may be made up to 50 percent of the fair market value
of the Federal property, and such cash equalization may be made
in installments over a period not to exceed 25 years. Payments
received as partial consideration shall be deposited into the fund
in the Treasury established under the Act of December 4, 1967,
commonly known as the Sisk Act, and shall be available for expendi-
ture as provided in the Act except that the Secretary may not
use those funds to purchase lands within Skamania County.
(h) In defining the Federal estate to be conveyed, the Secretary
may require such additional terms and conditions as deemed nec-
essary in connection with assuring equal value and public interest
considerations in this exchange including, but not limited to, contin-
ued research use of the Wind River Experimental Forest and protec-
tion of natural, cultural, and historic resources, existing administra-
tive sites, and a scenic corridor for the Pacific Crest National
Scenic Trail.
(i) This authorization is predicated on Skamania County’s
Board of Commissioners commitment to give foremost consideration
H. R. 2107—62
to preservation of the overall integrity of the site and conservation
of the educational and research potential of the site, including
providing for access to and assurance of the continued administra-
tion and operation of forestry research on the adjacent Thornton
Munger Research Natural Area.
(j) The Secretary is further directed to cooperate with Skamania
County to address applicable Federal and State environmental laws.
(k) Notwithstanding the processes involved with the National
Environmental Policy Act and the State Environmental Policy Act,
should the Secretary of Agriculture and the Skamania County Board
of Commissioners fail to reach an agreement on an equal value
exchange defined under the terms of this legislation by September
30, 1999, the Wind River Nursery Site shall remain under Forest
Service ownership and be maintained by the Forest Service in
a tenantable condition.
SEC. 341. The National Wildlife Refuge in Jasper and Marion
Counties, Iowa, authorized in Public Law 101–302 shall be referred
to in any law, regulation, document or record of the United States
in which such project is referred to, as the Neal Smith National
Wildlife Refuge.
SEC. 342. None of the funds in this or any other Act shall
be expended by the Department of the Interior, the Forest Service
or any other Federal agency, for the introduction of the grizzly
bear population in the Selway-Bitteroot area of Idaho and adjacent
Montana, or for consultations under section 7(b)(2) of the Endan-
gered Species Act for Federal actions affecting grizzly bear within
the Selway-Bitteroot area of Idaho, except that, funds may be
used by the Department of the Interior or the Forest Service,
or any other Federal agency for the purposes of receiving public
comment on the draft Environmental Impact Statement dated July
1997 and issuing a Record of Decision, and for conducting a habitat-
based population viability analysis.
SEC. 343. The Secretary of Agriculture shall hereafter phase
in, over a 3-year period in equal annual installments, that portion
of the fee increase for a recreation residence special use permit
holder which is more than 100 percent of the previous year’s fee:
Provided, That no recreation residence fee may be increased any
sooner than one year from the time the permittee has been notified
by the Forest Service of the results of an appraisal which has
been conducted for the purpose of establishing such fees: Provided
further, That no increases in recreation residence fees on the Saw-
tooth National Forest will be implemented prior to January 1,
1999.
SEC. 344. It is the sense of the Senate that—
(1) preserving Civil War battlefields should be an integral
part of preserving our Nation’s history; and
(2) Congress should give special priority to the preservation
of Civil War battlefields by making funds available for the
purchase of threatened and endangered Civil War battlefield
sites.
SEC. 345. It is the sense of the Senate that, inasmuch as
there is disagreement as to what extent, if any, Federal funding
for the arts is appropriate, and what modifications to the mechanism
for such funding may be necessary; and further, inasmuch as there
is a role for the private sector to supplement the Federal, State,
and local partnership in support of the arts, hearings should be