HR 1977 EAS
NATURAL RESOURCES SCIENCE AGENCY
RESEARCH, INVENTORIES, AND SURVEYS
For authorized expenses necessary for scientific re-
search relating to species biology, population dynamics,
and ecosystems; inventory and monitoring activities; tech-
nology development and transfer; the operation of Coopera-
tive Research Units; for the purchase of not to exceed 61
passenger motor vehicles, of which 55 are for replacement
only; and for the general administration of the National
Resources 
Science 
Agency, 
$145,965,000, 
of 
which
$145,915,000 shall remain available until September 30,
1997, and of which $50,000 shall remain available until
expended for construction: Provided, That none of the funds
under this head shall be used to conduct new surveys, in-
cluding new aerial surveys, on private property unless spe-
cifically authorized in writing by the property owner: Pro-
vided further, That none of the funds provided herein for
resource research may be used to administer a volunteer
program when it is made known to the Federal official hav-
ing authority to obligate or expend such funds that the vol-
unteers are not properly trained or that information gath-
ered by the volunteers is not carefully verified: Provided fur-
ther, That no later than April 1, 1996, the Assistant Sec-
retary for Water and Science shall issue agency guidelines
for resource research that ensure that scientific and tech-
HR 1977 EAS
nical peer review is used as fully as possible in selection
of projects for funding and ensure the validity and reliabil-
ity of research and data collection on Federal lands: Pro-
vided further, That no funds available for resource research
may be used for any activity that was not authorized prior
to the establishment of the National Biological Survey: Pro-
vided further, That once every five years the National Acad-
emy of Sciences shall review and report on the resource re-
search activities of the agency: Provided further, That if
specific authorizing legislation is enacted during or before
the start of fiscal year 1996, the agency should comply with
the provisions of that legislation.
Ω25æPage 15, line 16, strike out ø$1,088,249,000¿ and
insert: $1,092,265,000
Ω26æPage 15, line 20, strike out all after ‘‘100–203’’
down to and including ‘‘serve’’ in line 23
Ω27æPage 16, line 3, strike out ø$35,725,000¿ and in-
sert: $38,094,000
Ω28æPage 16, line 4, strike out ø$248,000¿ and insert:
$236,000
Ω29æPage 16, line 10, strike out ø$37,934,000¿ and in-
sert: $38,312,000
HR 1977 EAS
Ω30æPage 16, line 16, strike out ø$114,868,000¿ and
insert: $116,480,000
Ω31æPage 16, line 18, strike out ø$6,000,000¿ and in-
sert: $4,500,000
Ω32æPage 16, line 21, after ‘‘1989’’ insert: : Provided
further, That funds provided under this head, derived from
the Historic Preservation Fund, established by the Historic
Preservation Act of 1966 (80 Stat. 915), as amended (16
U.S.C. 470), may be available until expended to render sites
safe for visitors and for building stabilization
Ω33æPage 17, line 7, strike out ø$14,300,000¿ and in-
sert: $45,187,000
Ω34æPage 17, line 9, strike out all after ‘‘expended’’
down to and including ‘‘103–219’’ in line 11
Ω35æPage 17, line 12, after ‘‘program’’ insert: : Pro-
vided, That funds appropriated herein for the purpose of
acquisition of the Elwha and Glines dams shall be used sole-
ly for acquisition, and shall not be expended until the full
purchase amount has been appropriated by the Congress
Ω36æPage 17, line 24, after ‘‘Island’’ insert: 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 Congress
HR 1977 EAS
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 de-
velopment of the southern end of Ellis Island, including the
facts and circumstances relied upon in support of the pro-
posed project
Ω37æPage 17, after line 24, insert:
None of the funds in this Act may be spent by the Na-
tional Park Service for a United Nations Biodiversity Ini-
tiative in the United States.
Ω38æPage 17, after line 24, insert:
Notwithstanding other provision of law, the National
Park Service’s American Battlefield Protection Program
may enter into cooperative agreements, grants, contracts,
or other generally accepted means of financial assistance
with Federal, State, local, and tribal governments; other
public entities; educational institutions; and private, non-
profit organizations for the purpose of identifying, evaluat-
ing, and protecting historic battlefields and associated sites.
Ω39æPage 17, after line 24, insert:
The National Park Service shall, within existing
funds, conduct a Feasibility Study for a northern access
route into Denali National Park and preserve in Alaska,
HR 1977 EAS
to be completed within one year of the enactment of this
Act and submitted to the Senate Committee on Energy and
Natural Resources and the House Committee on Resources.
The Feasibility Study shall ensure that resource impacts
from any plan to create such access route are evaluated with
accurate information and according to a process that takes
into consideration park values, visitor needs, a full range
of alternatives, the viewpoints of all interested parties, in-
cluding the tourism industry and the State of Alaska, and
potential needs for compliance with the National Environ-
mental Policy Act. The Study shall also address the time
required for development of alternatives and identify all as-
sociated costs.
This Feasibility Study shall be conducted solely by Na-
tional Park Service planning personnel permanently as-
signed to National Park Service offices located in the State
of Alaska in consultation with the State of Alaska Depart-
ment of Transportation.
Ω40æPage 17, after line 24, insert:
Consistent with existing law and policy, the National
Park Service shall, within the funds provided by this Act,
at the request of the University of Alaska Fairbanks, enter
into negotiations regarding a memorandum of understand-
ing for the continued use of the Stampede Creek Mine prop-
erty consistent with the length and terms of prior memo-
HR 1977 EAS
randa of understanding between the National Park Service
and the University of Alaska Fairbanks: Provided, That
within the funds provided, the National Park Service shall
undertake an assessment of damage and provide the appro-
priate committees of the Senate and House of Representa-
tives, no later than May 1, 1996, cost estimates for the re-
construction of those facilities and equipment which were
damaged or destroyed as a result of the incident that oc-
curred on April 30, 1987 at Stampede Creek within the
boundaries of Denali National Park and Preserve: Provided
further, That the National Park Service shall work with the
University of Alaska Fairbanks to winterize equipment and
materials, located on the Stampede Creek mine property in
Denali National Park, exposed to the environment as a re-
sult of the April 30, 1987 incident.
Ω41æPage 18, line 13, strike out ø$686,944,000¿ and
insert: $577,503,000
Ω42æPage 18, line 15, strike out all after ‘‘investiga-
tions’’ down to and including ‘‘1997’’ in line 18
Ω43æPage 18, line 22, strike out all after ‘‘municipality’’
over to and including ‘‘1996’’ in line 10 on page 20
Ω44æPage 21, line 14, strike out ø$186,556,000¿ and
insert: $182,169,000
HR 1977 EAS
Ω45æPage 21, line 16, strike out ø$12,400,000¿ and in-
sert: $15,400,000
Ω46æPage 21, line 17, strike out øof¿ and insert: and
Related Activities of the
Ω47æPage 23, strike out all after line 13 down to and
including ‘‘$87,000,000’’ in line 15 and insert:
For expenses necessary for conducting inquiries, tech-
nological investigations, and research concerning the extrac-
tion, processing, use, and disposal of mineral substances
without objectionable social and environmental costs; to fos-
ter and encourage private enterprise in the development of
mineral resources and the prevention of waste in the min-
ing, minerals, metal, and mineral reclamation industries;
to inquire into the economic conditions affecting those in-
dustries; to promote health and safety in mines and the
mineral industry through research; and for other related
purposes as authorized by law, $128,007,000, of which
$111,192,000 shall remain available until expended: Pro-
vided, That none of the reduction below the fiscal year 1996
budget request shall be applied to the health and safety
budget activity
Ω48æPage 24, line 18, strike out ø$92,751,000¿ and in-
sert: $95,470,000
HR 1977 EAS
Ω49æPage 25, line 16, strike out ø$176,327,000¿ and
insert: $170,441,000
Ω50æPage 25, line 18, strike out all after ‘‘expended’’
down to and including ‘‘Initiative’’ in line 22
Ω51æPage 26, line 5, strike out all after ‘‘$11,000,000’’
down to and including ‘‘entities’’ in line 12
Ω52æPage 26, line 21, after ‘‘debts’’ insert: : Provided
further, That funds made available 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 Government for the purpose of environ-
mental restoration related to treatment or abatement of acid
mine drainage from abandoned mines: Provided further,
That such projects must be consistent with the purposes and
priorities of the Surface Mining Control and Reclamation
Act
Ω53æPage 27, line 19, strike out ø$1,508,777,000 (plus
$851,000)¿ and insert: $1,261,234,000
Ω54æPage 27, line 19, after ‘‘which’’ insert: $962,000
shall be used for the continued operation of the Indian Arts
and Crafts Board and an amount
Ω55æPage 27, line 20, strike out ø$106,126,000¿ and
insert: $104,626,000
HR 1977 EAS
Ω56æPage 27, line 25, strike out ø$5,000,000¿ and in-
sert: up to $5,000,000
Ω57æPage 28, line 6, strike out ø$330,711,000¿ and in-
sert: $330,991,000
Ω58æPage 28, line 10, strike out ø$67,138,000¿ and in-
sert: $69,477,000
Ω59æPage 28, line 12, strike out øJohnson O’Malley
Act¿ and insert: Act of April 16, 1934 (48 Stat. 596), as
amended (25 U.S.C. 452 et seq.),
Ω60æPage 28, line 14, strike out ø$74,814,000¿ and in-
sert: $62,328,000
Ω61æPage 28, line 15, strike out øtrust funds manage-
ment,¿
Ω62æPage 29, line 4, strike out all after ‘‘grantee’’ down
to and including ‘‘loss’’ in line 11
Ω63æPage 31, line 12, after ‘‘area’’ insert: : Provided fur-
ther, That of the funds available only through September
30, 1995, not to exceed $8,000,000 in unobligated and unex-
pended balances in the Operation of Indian Programs ac-
count shall be merged with and made a part of the fiscal
year 1996 Operation of Indian Programs appropriation,
and shall remain available for obligation for employee sev-
HR 1977 EAS
erance, relocation, and related expenses, until March 31,
1996
Ω64æPage 31, line 18, strike out ø$98,033,000¿ and in-
sert: $107,333,000
Ω65æPage 33, line 9, strike out ø$75,145,000¿ and in-
sert: $82,745,000
Ω66æPage 33, line 10, strike out ø$73,100,000¿ and in-
sert: $78,600,000
Ω67æPage 33, line 20, strike out ø$1,000,000¿ and in-
sert: $3,100,000
Ω68æPage 34, after line 6, insert:
TECHNICAL ASSISTANCE OF INDIAN ENTERPRISES
For payment of management and technical assistance
requests associated with loans and grants approved under
the Indian Financing Act of 1974, as amended, $900,000.
Ω69æPage 34, after line 6, insert:
INDIAN GUARANTEED LOAN PROGRAM ACCOUNT
For the cost of guaranteed loans $7,000,000, as author-
ized by the Indian Financing Act of 1974, as amended: Pro-
vided, That such costs, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974, as amended: Provided further, That
these funds are available to subsidize total loan principal,
HR 1977 EAS
any part of which is to be guaranteed, not to exceed
$50,680,000.
In addition, for administrative expenses necessary to
carry out the guaranteed loan program, $700,000.
Ω70æPage 34, strike out all after line 15 down to and
including ‘‘research’’ in line 17 and insert: $68,188,000,
of which (1) $64,661,000 shall be available until expended
for technical assistance, including maintenance assistance,
disaster assistance, insular management controls, and
brown tree snake control and research
Ω71æPage 34, line 26, after ‘‘272)’’ insert: ; and (2)
$3,527,000 shall be available for salaries and expenses of
the Office of Insular Affairs
Ω72æPage 35, line 13, after ‘‘funding’’ insert: : Provided
further, That of the amounts provided for technical assist-
ance, 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 im-
provement are appropriated to institutionalize routine op-
erations and maintenance 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-
erated States of Micronesia through assessments of long-
HR 1977 EAS
range operations and maintenance needs, improved capa-
bility of local operations and maintenance institutions and
agencies (including management and vocational education
training), and project-specific maintenance (with terri-
torial participation and cost sharing to be determined by
the Secretary based on the individual territory’s commit-
ment to timely maintenance of its capital assets): Provided
further, That any appropriation for disaster assistance
under this head in this Act or previous appropriations Acts
may be used as non-Federal matching funds for the purpose
of hazard mitigation grants provided pursuant to section
404 of the Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 5170c)
Ω73æPage 35, line 23, strike out all after ‘‘99–658’’
down to and including ‘‘99–239’’ in line 25
Ω74æPage 36, strike out line 8 and insert:
DEPARTMENTAL MANAGEMENT
Ω75æPage 36, line 10, strike out øof the Office of the
Secretary¿ and insert: for management of the Department
Ω76æPage 36, line 11, strike out ø$53,919,000¿ and in-
sert: $57,796,000
Ω77æPage 36, line 13, after ‘‘expenses’’ insert: : Pro-
vided, That none of the funds provided herein for official
HR 1977 EAS
reception and representation expenses shall be available
until the Charter for the Advisory Commission referred to
in title 30 of Public Law 102–575 has been filed and the
Members of such Commission appointed
Ω78æPage 36, after line 21, insert:
CONSTRUCTION MANAGEMENT
SALARIES AND EXPENSES
For necessary expenses of the Office of Construction
Management, $500,000.
Ω79æPage 37, line 5, after ‘‘$1,000,000’’ insert: : Pro-
vided, That on October 1, 1995, the Chairman shall submit
to the Secretary a report detailing those Indian tribes or
tribal organizations with gaming operations that are in full
compliance, partial compliance, or non-compliance with the
provisions of the Indian Gaming Regulatory Act (25 U.S.C.
2701, et seq.): Provided further, That the information con-
tained in the report shall be updated on a continuing basis
Ω80æPage 37, after line 5, insert:
OFFICE OF SPECIAL TRUSTEE FOR AMERICAN INDIANS
FEDERAL TRUST PROGRAMS
For operation of trust programs for Indians by direct
expenditure, contracts, cooperative agreements, compacts,
and grants, $16,338,000, of which $15,891,000 shall remain
available until expended for trust funds management: Pro-
HR 1977 EAS
vided, That funds made available to tribes and tribal orga-
nizations through contracts or grants obligated during fis-
cal year 1996, as authorized by the Indian Self-Determina-
tion Act of 1975 (88 Stat. 2203; 25 U.S.C. 450 et seq.),
shall remain available until expended by the contractor or
grantee: Provided further, That notwithstanding any other
provision of law, the statute of limitations shall not com-
mence to run on any claim, including any claim in litiga-
tion pending on the date of this Act, concerning losses to
or mismanagement of trust funds, until the affected tribe
or individual Indian has been furnished with the account-
ing of such funds from which the beneficiary can determine
whether there has been a loss: Provided further, That obli-
gated and unobligated balances provided for trust funds
management within ‘‘Operation of Indian programs,’’ Bu-
reau of Indian Affairs are hereby transferred to and merged
with this appropriation.
Ω81æPage 37, line 16, strike out øthe ‘‘Office of the Sec-
retary’’¿ and insert: ‘‘Departmental Management’’
Ω82æPage 38, line 10, strike out ømust,¿ and insert:
must
Ω83æPage 41, strike out lines 14 through 23
Ω84æPage 41, strike out all after line 23, over to and
including line 3 on page 42
HR 1977 EAS
Ω85æPage 42, strike out lines 4 and 5
Ω86æPage 43, after line 12 insert:
SEC. 115. (a) Of the funds appropriated by this Act
or any subsequent Act providing for appropriations in fis-
cal years 1996 and 1997, not more than 50 percent of any
self-governance funds that would otherwise be allocated to
each Indian tribe in the State of Washington shall actually
be paid to or on account of such Indian tribe from and
after the time at which such tribe shall—
(1) take unilateral action that adversely impacts
the existing rights to and/or customary uses of,
nontribal member owners of fee simple land within
the exterior boundary of the tribe’s reservation to
water, electricity, or any other similar utility or ne-
cessity for the nontribal members’ residential use of
such land; or
(2) restrict or threaten to restrict said owners
use of or access to publicly maintained rights of way
necessary or desirable in carrying the utilities or ne-
cessities described above, or
(3) fail to reach a mutual agreement that ad-
dresses the concerns of affected parties within 90 days
after the date of enactment of this Act.
(b) Such penalty shall not attach to the initiation of
any legal actions with respect to such rights or the enforce-
HR 1977 EAS
ment of any final judgments, appeals from which have been
exhausted, with respect thereto.
Ω87æPage 43, after line 12 insert:
SEC. 116. Within 30 days after the enactment of this
Act, the Department of the Interior shall issue a specific
schedule for the completion of the Lake Cushman Land Ex-
change Act (Public Law 102–436) and shall complete the
exchange not later than September 30, 1996.
Ω88æPage 43, after line 12 insert:
SEC. 117. Notwithstanding Public Law 90–544, as
amended, the National Park Service is authorized to expend
appropriated funds for maintenance and repair of the Com-
pany Creek Road in the Lake Chelan National Recreation
Area: Provided, That appropriated funds shall not be ex-
pended for the purpose of improving the property of private
individuals unless specifically authorized by law.
Ω89æPage 43, after line 12 insert:
SEC. 118. INSULAR DEVELOPMENT.—
Section 1. Territorial and Freely Associated State
Infrastructure Assistance
Section 4(b) of Public Law 94–241 (90 Stat. 263) as
added by section 10 of Public Law 99–396 (99 Stat. 837,
841) is amended by deleting ‘‘until Congress otherwise pro-
vides by law.’’ and inserting in lieu thereof: ‘‘except that,
HR 1977 EAS
for fiscal years 1996 and thereafter, payments to the Com-
monwealth of the Northern Mariana Islands pursuant to
the multi-year funding agreements contemplated under the
Covenant shall be limited to the amounts set forth in the
Agreement of the Special Representatives on Future Federal
Financial Assistance of the Northern Mariana Islands, exe-
cuted on December 17, 1992 between the special representa-
tive of the President of the United States and special rep-
resentatives of the Governor of the Northern Mariana Is-
lands and shall be subject to all the requirements of such
Agreement with any additional amounts otherwise made
available under this section in any fiscal year and not re-
quired to meet the schedule of payments set forth in the
Agreement to be provided as set forth in subsection (c) until
Congress otherwise provides by law.
‘‘(c) The additional amounts referred to in subsection
(b) shall be made available to the Secretary for obligation
as follows:
‘‘(1) for fiscal year 1996, all such amounts shall
be provided for capital infrastructure projects in
American Samoa; and
‘‘(2) for fiscal years 1997 and thereafter, all such
amounts shall be available solely for capital infra-
structure projects in Guam, the Virgin Islands, Amer-
ican Samoa, the Commonwealth of the Northern Mar-
HR 1977 EAS
iana Islands, the Republic of Palau, the Federated
States of Micronesia and the Republic of the Marshall
Islands: Provided, That, in fiscal year 1997,
$3,000,000 of such amounts shall be made available
to the College of the Northern Marianas and begin-
ning in fiscal year 1997, and in each year thereafter,
not to exceed $3,000,000 may be allocated, as pro-
vided in Appropriation Acts, to the Secretary of the
Interior for use by Federal agencies or the Common-
wealth of the Northern Mariana Islands to address
immigration, labor, and law enforcement issues in the
Northern Mariana Islands, including, but not limited
to detention and corrections needs. The specific
projects to be funded shall be set forth in a five-year
plan for infrastructure assistance developed by the
Secretary of the Interior in consultation with each of
the island governments and updated annually and
submitted to the Congress concurrent with the budget
justifications for the Department of the Interior. In
developing and updating the five year plan for cap-
ital infrastructure needs, the Secretary shall indicate
the highest priority projects, consider the extent to
which particular projects are part of an overall mas-
ter plan, whether such project has been reviewed by
the Corps of Engineers and any recommendations
HR 1977 EAS
made as a result of such review, the extent to which
a set-aside for maintenance would enhance the life of
the project, the degree to which a local cost-share re-
quirement would be consistent with local economic
and fiscal capabilities, and may propose an incre-
mental set-aside, not to exceed $2,000,000 per year, to
remain available without fiscal year limitation, as an
emergency fund in the event of natural or other disas-
ters to supplement other assistance in the repair, re-
placement, or hardening of essential facilities: Pro-
vided further, That the cumulative amount set aside
for such emergency fund may not exceed $10,000,000
at any time.
‘‘(d) Within the amounts allocated for infrastructure
pursuant to this section, and subject to the specific alloca-
tions made in subsection (c), additional contributions may
be made, as set forth in Appropriation Acts, to assist in
the resettlement of Rongelap Atoll: Provided, That the total
of all contributions from any Federal source after January
1, 1996 may not exceed $32,000,000 and shall be contingent
upon an agreement, satisfactory to the President, that such
contributions are a full and final settlement of all obliga-
tions of the United States to assist in the resettlement of
Rongelap Atoll and that such funds will be expended solely
on resettlement activities and will be property audited and
HR 1977 EAS
accounted for. In order to provide such contributions in a
timely manner, each Federal agency providing assistance
or services, or conducting activities, in the Republic of the
Marshall Islands, is authorized to make funds available,
through the Secretary of the Interior, to assist in the reset-
tlement of Rongelap. Nothing in this subsection shall be con-
strued to limit the provision of ex gratia assistance pursu-
ant to section 105(c)(2) of the Compact of Free Association
Act of 1985 (Public Law 99–239, 99 Stat. 1770, 1792) in-
cluding for individuals choosing not to resettle at Rongelap,
except that no such assistance for such individuals may be
provided until the Secretary notifies the Congress that the
full amount of all funds necessary for resettlement at
Rongelap has been provided.’’.
Sec. 2. Federal Minimum Wage
Effective thirty days after the date of enactment of this
Act, the minimum wage provisions, including, but not lim-
ited to, the coverage and exemptions provisions, of section
6 of the Fair Labor Standards Act of June 25, 1938 (52
Stat. 1062), as amended, shall apply to the Commonwealth
of the Northern Mariana Islands, except—
(a) on the effective date, the minimum wage rate
applicable to the Commonwealth of the Northern Mar-
iana Islands shall be $2.75 per hour;
HR 1977 EAS
(b) effective January 1, 1996, the minimum
wage rate applicable to the Commonwealth of the
Northern Mariana Islands shall be $3.05 per hour;
(c) effective January 1, 1997 and every January
1 thereafter, the minimum wage rate shall be raised
by thirty cents per hour or the amount necessary to
raise the minimum wage rate to the wage rate set
forth in section 6(a)(1) of the Fair Labor Standards
Act, whichever is less; and
(d) once the minimum wage rate is equal to the
wage rate set forth in section 6(a)(1) of the Fair
Labor Standards Act, the minimum wage rate appli-
cable to the Commonwealth of the Northern Mariana
Islands shall thereafter be the wage rate set forth in
section 6(a)(1) of the Fair Labor Standards Act.
Sec. 3. Report
The Secretary of the Interior, in consultation with the
Attorney General and Secretaries of Treasury, Labor, and
State, shall report to the Congress by the March 15 follow-
ing each fiscal year for which funds are allocated pursuant
to section 4(c) of Public Law 94–241 for use by Federal
agencies or the Commonwealth to address immigration,
labor or law enforcement activities. The report shall include
but not be limited to—
HR 1977 EAS
(1) pertinent immigration information provided
by the Immigration and Naturalization Service, in-
cluding the number of non-United States citizen con-
tract workers in the CNMI, based on data the Immi-
gration and Naturalization Service may require of
the Commonwealth of the Northern Mariana Islands
on a semiannual basis, or more often if deemed nec-
essary by the Immigration and Naturalization Serv-
ice.
(2) the treatment and conditions of non-United
States citizen contract workers, including foreign gov-
ernment interference with workers’ ability to assert
their rights under United States law.
(3) the effect of laws of the Northern Mariana Is-
lands on Federal interests.
(4) the adequacy of detention facilities in the
Northern Mariana Islands.
(5) the accuracy and reliability of the computer-
ized alien identification and tracking system and its
compatibility with the system of the Immigration and
Naturalization Service, and
(6) the reasons why Federal agencies are unable
or unwilling to fully and effectively enforce Federal
laws applicable within the Commonwealth of the
HR 1977 EAS
Northern Mariana Islands unless such activities are
funded by the Secretary of the Interior.
Sec. 4. Immigration Cooperation
The Commonwealth of the Northern Mariana Islands
and the Immigration and Naturalization Service shall co-
operate in the identification and, if necessary, exclusion or
deportation from the Commonwealth of the Northern Mari-
ana Islands of persons who represent security or law en-
forcement risks to the Commonwealth of the Northern Mari-
ana Islands or the United States.
Sec. 5. Clarification of Local Employment in the
Marianas
(a) Section 8103(i) of title 46 of the United States
Code is amended by renumbering paragraph (3) as para-
graph (4) and by adding a new paragraph (3) as follows:
‘‘(3) Notwithstanding any other provision of this sub-
section, any alien allowed to be employed under the immi-
gration laws of the Commonwealth of the Northern Mariana
Islands (CNMI) may serve as an unlicensed seaman on a
fishing, fish processing, or fish tender vessel that is operated
exclusively from a port within the CNMI and within the
navigable waters and exclusive economic zone of the United
States surrounding the CNMI. Pursuant to 46 U.S.C. 8704,
such persons are deemed to be employed in the United
States and are considered to have the permission of the At-
HR 1977 EAS
torney General of the United States to accept such employ-
ment: Provided, That paragraph (2) of this subsection shall
not apply to persons allowed to be employed under this
paragraph.’’.
(b) Section 8103(i)(1) of title 46 of the United States
Code is amended by deleting ‘‘paragraph (3) of this sub-
section’’ and inserting in lieu thereof ‘‘paragraph (4) of this
subsection’’.
Sec. 6. Clarification of Ownership of Submerged Lands in
the Commonwealth of the Northern Mariana Islands
Public Law 93–435 (88 Stat 1210), as amended, is
further amended by—
(a) striking ‘‘Guam, the Virgin Islands’’ in sec-
tion 1 and inserting in lieu thereof ‘‘Guam, the Com-
monwealth of the Northern Mariana Islands, the Vir-
gin Islands’’ each place the words appear;
(b) striking ‘‘Guam, American Samoa’’ in sec-
tion 2 and inserting in lieu thereof ‘‘Guam, the Com-
monwealth of the Northern Mariana Islands, Amer-
ican Samoa’’; and
(c) striking ‘‘Guam, the Virgin Islands’’ in sec-
tion 2 and inserting in lieu thereof ‘‘Guam, the Com-
monwealth of the Northern Mariana Islands, the Vir-
gin Islands.’’.
HR 1977 EAS
With respect to the Commonwealth of the Northern
Mariana Islands, references to ‘‘the date of enactment of this
Act’’ or ‘‘date of enactment of this subsection’’ contained
in Public Law 93–435, as amended, shall mean the date
of enactment of this section.
Sec. 7. Annual State of the Islands Report
The Secretary of the Interior shall submit to the Con-
gress, annually, a ‘‘State of the Islands’’ report on Amer-
ican Samoa, Guam, the United States Virgin Islands, the
Commonwealth of the Northern Mariana Islands, the Re-
public of Palau, the Republic of the Marshall Islands, and
the Federated States of Micronesia that includes basic eco-
nomic development information, data on direct and indi-
rect Federal assistance, local revenues and expenditures,
employment and unemployment, the adequacy of essential
infrastructure and maintenance thereof, and an assessment
of local financial management and administrative capabili-
ties, and Federal efforts to improve those capabilities.
Sec. 8. Technical correction
Section 501 of Public Law 95–134 (91 Stat. 1159,
1164), as amended, is further amended by deleting ‘‘the
Trust Territory of the Pacific Islands,’’ and inserting in
lieu thereof ‘‘the Republic of Palau, the Republic of the Mar-
shall Islands, the Federated States of Micronesia,’’.
HR 1977 EAS
unobligated balance of funds appropriated in fiscal year
1995 for the construction of the Columbia Gorge Discovery
Center to the ‘‘Non-Profit Citizens for the Columbia Gorge
Discovery Center’’ to be used for the same purpose: Provided
further, That the Forest Service is authorized to convey the
land needed for the construction of the Columbia Gorge Dis-
covery Center without cost to the ‘‘Non-Profit Citizens for
the Columbia Gorge Discovery Center’’
Ω97æPage 46, line 4, after ‘‘purchasers’’ insert: : Pro-
vided further, That notwithstanding any other provision of
law, funds originally appropriated under this head in Pub-
lic Law 101–512 for the Forest Service share of a new re-
search facility at the University of Missouri, Columbia,
shall be available for a grant to the University of Missouri,
as the Federal share in the construction of the new facility:
Provided further, That agreed upon lease of space in the
new facility shall be provided to the Forest Service without
charge for the life of the building
Ω98æPage 46, line 11, strike out ø$14,600,000¿ and in-
sert: $41,167,000
Ω99æPage 46, line 13, after ‘‘expended’’ insert: , of which
$275,000 may be made available from the cash equalization
account for the acquisition of Mt. Jumbo in the Lolo Na-
tional Forest, Montana
HR 1977 EAS
Ω100æPage 46, line 13, after ‘‘expended’’ insert: : Pro-
vided, That of the amounts made available for acquisition
management, $1,000,000 may be made available for the
purchase of subsurface rights in the Kane Experiment For-
est
Ω101æPage 48, line 22, after ‘‘Agriculture,’’ insert: or
to implement any reorganization, ‘‘reinvention’’ or other
type of organizational restructuring of the Forest Service,
Ω102æPage 48, line 24, after ‘‘Forestry’’ insert: and the
Committee on Energy and Natural Resources
Ω103æPage 49, line 1, after ‘‘Agriculture’’ insert: and the
Committee on Resources
Ω104æPage 49, after line 10, insert:
The appropriation structure for the Forest Service
may not be altered without advance approval of the House
and Senate Committee on Appropriations.
Ω105æPage 52, strike out all after line 20, over to and
including line 8 on page 53
Ω106æPage 53, strike out lines 9 through 12
Ω107æPage 53, after line 12, insert:
HR 1977 EAS
None of the funds provided by this Act shall be used
to revise or implement a new Tongass Land Management
Plan (TLMP).
Ω108æPage 53, after line 12, insert:
None of the funds provided in this or any other appro-
priations Act may be used on the Tongass National Forest
except in compliance with Alternative P, identified in the
Tongass Land Management Plan Revision Supplement to
the Draft Environmental Impact Statement dated August
1991.
Ω109æPage 53, after line 12, insert:
None of the funds appropriated under this Act for the
Forest Service shall be made available for the purpose of
applying paint to rocks, or rock colorization: Provided,
That notwithstanding any other provision of law, the Forest
Service shall not require of any individual or entity, as
part of any permitting process under its authority, or as
a requirement of compliance with the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4231 et seq.), the
painting or colorization of rocks.
Ω110æPage 53, line 21, strike out ø$379,524,000¿ and
insert: $376,181,000
Ω111æPage 53, line 24, after ‘‘gas’’ insert: : Provided
further, That any new project start funded under this head-
HR 1977 EAS
ing shall be substantially cost-shared with a private entity
to the extent determined appropriate by the Secretary of
Energy
Ω112æPage 54, line 14, strike out ø$151,028,000¿ and
insert: $136,028,000
Ω113æPage 54, line 17, after ‘‘1996’’ insert: : Provided
further, That section 501 of Public Law 101–45 is hereby
repealed
Ω114æPage 54, line 20, strike out ø$556,371,000¿ and
insert: $576,976,000
Ω115æPage 55, line 2, strike out ø$148,946,000¿ and
insert: $168,946,000
Ω116æPage 55, line 9, strike out ø$110,946,000¿ and
insert: $137,446,000
Ω117æPage 55, line 10, strike out ø$26,500,000¿ and
insert: $31,500,000
Ω118æPage 55, line 15, strike out ø$6,297,000¿ and in-
sert: $8,038,000
Ω119æPage 56, line 22, strike out ø$79,766,000¿ and
insert: $64,766,000
HR 1977 EAS
Ω120æPage 59, line 11, strike out ø$1,725,792,000¿ and
insert: $1,815,373,000
Ω121æPage 59, line 25, strike out ø$351,258,000¿ and
insert: $350,564,000
Ω122æPage 61, line 23, strike out ø$236,975,000¿ and
insert: $151,227,000
Ω123æPage 65, line 8, strike out ø$52,500,000¿ and in-
sert: $54,660,000
Ω124æPage 65, line 14, strike out ø$21,345,000¿ and
insert: $20,345,000
Ω125æPage 67, line 6, strike out ø$309,471,000¿ and
insert: $307,988,000
Ω126æPage 67, line 6, strike out ø$32,000,000¿ and in-
sert: $30,472,000
Ω127æPage 67, line 25, strike out ø$3,000,000¿ and in-
sert: $3,250,000
Ω128æPage 68, line 7, strike out ø$24,954,000¿ and in-
sert: $33,954,000
Ω129æPage 68, line 15, strike out ø$12,950,000¿ and
insert: $27,700,000
HR 1977 EAS
Ω130æPage 68, line 15, strike out all after ‘‘expended’’
down to and including ‘‘52.232.18’’ in line 22
Ω131æPage 69, line 25, strike out ø$51,315,000¿ and
insert: $51,844,000
Ω132æPage 70, line 7, strike out ø$5,500,000¿ and in-
sert: $7,385,000
Ω133æPage 70, line 18, strike out ø$9,800,000¿ and in-
sert: $10,323,000
Ω134æPage 70, line 18, after ‘‘$9,800,000’’ insert: : Pro-
vided, That 40 U.S.C. 193n is hereby amended by striking
the word ‘‘and’’ after the word ‘‘Institution’’ and inserting
in lieu thereof a comma, and by inserting ‘‘and the Trustees
of the John F. Kennedy Center for the Performing Arts,’’
after the word ‘‘Art,’’
Ω135æPage 71, line 7, strike out ø$5,140,100¿ and in-
sert: $6,537,000
Ω136æPage 71, line 14, strike out ø$82,259,000¿ and
insert: $88,765,000
Ω137æPage 
71, 
line 
14, 
strike 
out 
all 
after
‘‘$82,259,000’’ down to and including ‘‘tion,’’ in line 16
Ω138æPage 71, line 25, strike out ø$17,235,000¿ and
insert: $21,235,000
HR 1977 EAS
Ω139æPage 
71, 
line 
25, 
strike 
out 
all 
after
‘‘$17,235,000’’ over to and including ‘‘appropriation’’ in
line 1 on page 72
Ω140æPage 72, line 16, strike out ø$82,469,000¿ and
insert: $94,000,000
Ω141æPage 72, line 24, strike out ø$17,025,000¿ and
insert: $16,000,000
Ω142æPage 72, line 25, strike out ø$9,180,000¿ and in-
sert: $10,000,000
Ω143æPage 74, line 12, strike out ø$3,063,000¿ and in-
sert: $2,500,000
Ω144æPage 75, line 1, strike out ø$48,000¿ and insert:
$147,000
Ω145æPage 75, strike out lines 4 through 7
Ω146æPage 75, after line 7, insert:
PUBLIC DEVELOPMENT
Funds made available under this heading in prior
years shall be available for operating and administrative
expenses of the Corporation.
Ω147æPage 75, line 12, strike out ø$28,707,000¿ and
insert: $26,609,000
HR 1977 EAS
Ω148æPage 75, line 13, strike out all after ‘‘program’’
down to and including ‘‘program’’ in line 14
Ω149æPage 78, line 23, strike out ø100–413¿ and insert:
103–413
Ω150æPage 79, strike out lines 9 and 10 and insert:
SEC. 312. None of funds appropriated or otherwise
made available by this Act may be used for the AmeriCorps
program, unless the relevant agencies of the Department of
the 
Interior 
and/or 
Agriculture 
follow 
appropriate
reprogramming guidelines: Provided, That if no funds are
provided for the AmeriCorps program by the VA–HUD and
Independent Agencies fiscal year 1996 appropriations bill,
then none of the funds appropriated or otherwise made
available by this Act may be used for the AmeriCorps pro-
grams
Ω151æPage 79, strike out all after line 10, over to and
including line 24 on page 86
Ω152æPage 87, strike out line 1 and all that follows, over
to and including line 15 on page 89 and insert:
SEC. 314. (a) Except as provided in subsection (b), no
part of any appropriation contained in this Act or any
other Act shall be obligated or expended for the operation
or implementation of the Interior Columbia Basin Eco-
system Management Project (hereinafter ‘‘Project’’).
HR 1977 EAS
(b) From the funds appropriated to the Forest Service
and Bureau of Land Management, a sum of $4,000,000 is
made available for the appropriate line officers assigned to
the Walla Walla office and the Boise office of the Project
to publish by April 30, 1996, an eastside final environ-
mental impact statement, without a record of decision, for
the Federal lands subject to the Project in Oregon and
Washington and an Upper Columbia Basin final environ-
mental impact statement, without a record of decision, for
the Federal lands subject to the Project in Idaho and Mon-
tana and other affected States, respectively. Among other
matters, the final environmental impact statements shall
contain the scientific information collected and analysis
undertaken by the Project on landscape dynamics and forest
health conditions and the implications of such dynamics
and conditions for forest management, including the man-
agement of forest vegetation structure, composition, and
density.
(c)(1) From the funds generally appropriated to the
Forest Service and the Bureau of Land Management, the
Secretary of Agriculture or the Secretary of the Interior as
the case may be, shall—
(A) review the resource management plan (here-
inafter ‘‘plan’’) for each national forest and unit of
lands administered by the Bureau of Land Manage-
HR 1977 EAS
ment (hereinafter ‘‘forest’’) within the area encom-
passed by the Project, the analysis in the relevant
final environmental impact statement prepared pur-
suant to subsection (b) which is applicable to such
plan, and any policy which is applicable to such plan
(whether or not such policy is final or draft, or has
been added to such plan by amendment), which is or
is intended to be of limited duration, and which the
Project addresses; and
(B) based on such review, determine whether
such policy modified to meet the specific conditions of
such forest, or an alternative policy which serves the
purpose of such policy, should be adopted for such for-
est.
(2) If the Secretary concerned makes a decision that
such a modified or alternative policy should be adopted for
such forest, the Secretary concerned shall prepare and adopt
for the resource management plan for such forest an amend-
ment which contains such policy, which is directed solely
to and affects only such plan, and which addresses the spe-
cific conditions of the forest and the relationship of such
policy to such conditions. The Secretary shall consult with
the Governor of the State, and the Commissioner of the
county or counties, in which the forest is situated prior to
HR 1977 EAS
such decision and, if the decision is to prepare an amend-
ment, during the preparation thereof.
(3) To the maximum extent practicable, any amend-
ment prepared pursuant to paragraph (2) shall establish
procedures to develop site-specific standards in lieu of im-
posing general standards applicable to multiple sites. Any
amendment which would result in any change in land allo-
cations within the land management plan or reduce the
likelihood of achievement of the goals and objectives of the
plan (prior to any previous amendment incorporating in
the plan any policy referred to in paragraph (1)(A)) shall
be deemed a significant plan amendment, or equivalent,
pursuant to section 6(f)(4) of the Forest and Rangeland Re-
newable Resources Planning Act of 1974 (16 U.S.C.
1604(f)(4)) or section 202 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1712).
(4)(A) Any amendment prepared pursuant to para-
graph (2) which adopts a policy that is a modification of
or alternative to a policy referred to in paragraph (1)(A)
upon which consultation or conferencing has occurred pur-
suant to section 7 of the Endangered Species Act of 1973
(16 U.S.C. 1536) shall not again be subject to the consulta-
tion or conferencing provisions of such section 7.
(B) If required by such section 7, the Secretary con-
cerned shall consult or conference separately on each
HR 1977 EAS
tional Forest is deemed to be satisfied, and the interim
management direction provisions contained in the Stipula-
tion of Dismissal shall be of no further effect with respect
to the Clearwater National Forest.
(d) The documents prepared under the authority of
this section shall not be applied or used to regulate non-
Federal lands in the affected States.
Ω153æPage 89, strike out all after line 15, over to and
including line 2 on page 93 and insert:
SEC. 315. (a) The Secretary of the Interior (acting
through the Bureau of Land Management, the National
Park Service and the United States Fish and Wildlife Serv-
ice) and the Secretary of Agriculture (acting through the
Forest Service) shall each implement a fee program to dem-
onstrate the feasibility of user-generated cost recovery for
the operation and maintenance of recreation areas or sites
and habitat enhancement projects on Federal lands.
(b) In carrying out the pilot program established pur-
suant to this section, the appropriate Secretary shall select
from areas under the jurisdiction of each of the four agen-
cies referred to in subsection (a) no fewer than 10, but as
many as 50, areas, sites or projects for fee demonstration.
For each such demonstration, the Secretary, notwithstand-
ing any other provision of law—
HR 1977 EAS
(1) shall charge and collect fees for admission to
the area or for the use of outdoor recreation sites, fa-
cilities, visitor centers, equipment, and services by in-
dividuals and groups, or any combination thereof;
(2) shall establish fees under this section based
upon a variety of cost recovery and fair market valu-
ation methods to provide a broad basis for feasibility
testing;
(3) may contract, including provisions for rea-
sonable commissions, with any public or private en-
tity to provide visitor services, including reservations
and information, and may accept services of volun-
teers to collect fees charged pursuant to paragraph
(1);
(4) may encourage private investment and part-
nerships to enhance the delivery of quality customer
services and resource enhancement, and provide ap-
propriate recognition to such partners or investors;
and
(5) may assess a fine of not more than $100 for
any violation of the authority to collect fees for ad-
mission to the area or for the use of outdoor recre-
ation sites, facilities, visitor centers, equipment, and
services.
HR 1977 EAS
(c)(1) Amounts collected at each fee demonstration site
shall be distributed as follows:
(A) Of the amount in excess of 104 percent of the
amount collected in fiscal year 1995, and thereafter
annually adjusted upward by 4 percent, 80 percent to
a special account in the Treasury for use by the agen-
cy which administers the site, to remain available for
expenditures in accordance with paragraph (3)(A).
(B) Of the amount in excess of 104 percent of the
amount collected in fiscal year 1995, and thereafter
annually adjusted upward by 4 percent, 20 percent to
a special account in the Treasury for use by the agen-
cy which administers the site, to remain available for
expenditure in accordance with paragraph (3)(B).
(C) For agencies other than the Fish and Wild-
life Service, up to 15 percent of current year collec-
tions at each site, but not greater than fee collection
costs for that fiscal year, to remain available for ex-
penditure in accordance with paragraph (3)(C).
(D) For agencies other than the Fish and Wild-
life Service, the balance to the special account estab-
lished pursuant to subparagraph (A) of section 4(i)(1)
of the Land and Water Conservation Act as amended.
(E) For the Fish and Wildlife Service, the bal-
ance shall be distributed in accordance with the Fish
HR 1977 EAS
and Wildlife Service Administrative Provisions of this
Act.
(2) For purposes of the subsection, ‘‘total collections’’
for each site shall be defined as gross collections before any
reduction for amounts attributable to collection costs.
(3)(A) Expenditures from site specific special funds
shall be for further activities of each site, and shall be ac-
counted for separately. Expenditures for each site shall be
in proportion to total collections from the demonstration
sites administered by an agency.
(B) Expenditures from agency specific special funds
shall be for use on an agency-wide basis and shall be ac-
counted for separately.
(C) Expenditures from the fee collection support fund
shall be used to cover fee collection costs in accordance with
section 4(i)(1)(B) of the Land and Water Conservation Act
as amended.
(4) In order to increase the quality of the visitor expe-
rience at public recreational areas and enhance the protec-
tion of resources, amounts available for expenditure under
paragraph (1) may only be used for the site or project con-
cerned, for backlogged repair and maintenance projects (in-
cluding projects relating to health and safety) and for inter-
pretation, signage, habitat or facility enhancement, resource
preservation, annual operation (including fee collection),
HR 1977 EAS
maintenance, and law enforcement relating to public use.
The agencywide accounts may be used for the same purposes
set forth in the preceding sentence, but for sites or projects
selected at the discretion of the respective agency head.
(d)(1) Amounts collected under this section shall not
be taken into account for the purposes of the Act of May
23, 1908 and the Act of March 1, 1911 (16 U.S.C. 500),
the Act of March 4, 1913 (16 U.S.C. 501), the Act of July
22, 1937 (7 U.S.C. 1012), the Act of August 8, 1937 and
the Act of May 24, 1939 (43 U.S.C. 1181f et seq.), the Act
of June 14, 1926 (43 U.S.C. 869–4), chapter 69 of title 31,
United States Code, section 401 of the Act of June 15, 1935
(16 U.S.C. 715s), the Land and Water Conservation Fund
Act of 1965 (16 U.S.C. 460l), and any other provision of
law relating to revenue allocation.
(2) Fees charged pursuant to this section shall be in
lieu of fees charged under any other provision of law.
(e) The Secretary of the Interior and the Secretary of
Agriculture shall carry out this section without promulgat-
ing regulations.
(f) The authority to collect fees under this section shall
commence on October 1, 1995, and end on September 30,
1998. Funds in accounts established shall remain available
through September 30, 2001.
HR 1977 EAS
(g)(1) It is the policy of the Congress that entrance,
tourism, and recreational use fees for the use of Federal
lands and facilities not discriminate against any State or
any region of the country.
(2) Not later than October 1, 1996, the Secretary of
the Interior, in cooperation with the heads of other affected
agencies shall prepare and submit to the Senate and House
Appropriations Committees a report that—
(A) identifies all Federal lands and facilities
that provide tourism or recreational use; and
(B) analyzes by State and region any fees
charged for entrance to or for tourism or recreational
use of Federal lands and facilities in a State or re-
gion, individually and collectively.
(3) Not later than October 1, 1997, the Secretary of
the Interior, in cooperation with the heads of other affected
agencies, shall prepare and submit to the Senate and House
Appropriations Committees any recommendations that the
Secretary may have for implementing the policy stated in
subsection (1).
Ω154æPage 93, strike out lines 3 through 12
Ω155æPage 93, strike out lines 20 through 22
Ω156æPage 93, strike out all after line 22, over to and
including line 6 on page 94
HR 1977 EAS
Ω157æPage 94, strike out lines 7 through 22 and insert:
SEC. 320. None of the funds made available in this
Act shall be used by the Department of Energy in imple-
menting the Codes and Standards Program to propose,
issue, or prescribe any new or amended standard: Provided,
That this section shall expire on September 30, 1996: Pro-
vided further, That nothing in this section shall preclude
the Federal Government from promulgating rules concern-
ing energy efficiency standards for the construction of new
federally-owned commercial and residential buildings.
Ω158æPage 95, strike out lines 5 through 10 and insert:
SEC. 322. (a) FAIR MARKET VALUE FOR MINERAL
PATENTS.—Except as provided in subsection (c), any pat-
ent issued by the United States under the general mining
laws after the date of enactment of this Act shall be issued
only upon payment by the owner of the claim of the fair
market value for the interest in the land owned by the Unit-
ed States exclusive of and without regard to the mineral
deposits in the land or the use of the land. For the purposes
of this section, ‘‘general mining laws’’ means those Acts
which generally comprise chapters 2, 11, 12, 12A, 15, and
16, and sections 161 and 162, of title 30 of the United
States Code, all Acts heretofore enacted which are amend-
atory of or supplementary to any of the foregoing Acts, and
HR 1977 EAS
the judicial and administrative decisions interpreting such
Acts.
(b) RIGHT OF REENTRY.—
(1) IN GENERAL.—Except as provided in sub-
section (c), and notwithstanding any other provision
of law, a patent issued under subsection (a) shall be
subject to a right of reentry by the United States if
it is used by the patentee for any purpose other than
for conducting mineral activities in good faith and
such unauthorized use is not discontinued as provided
in subsection (b)(2). For the purpose of this section,
the term ‘‘mineral activities’’ means any activity re-
lated to, or incidental to, exploration for or develop-
ment, mining, production, beneficiation, or processing
of any locatable mineral or mineral that would be
locatable if it were on Federal land, or reclamation
of the impacts of such activities.
(2) NOTICE BY THE SECRETARY.—If the patented
estate is used by the patentee for any purpose other
than for conducting mineral activities in good faith,
the Secretary of the Interior shall serve on all owners
of interests in such patented estate, in the manner
prescribed for service of a summons and complaint
under the Federal Rules of Civil Procedure, notice
specifying such unauthorized use and providing not
HR 1977 EAS
more than 90 days in which such unauthorized use
must be terminated. The giving of such notice shall
constitute final agency action appealable by any
owner of an interest in such patented estate. The Sec-
retary may exercise the right of reentry as provided
in subsection (b)(3) if such unauthorized use has not
been terminated in the time provided in this para-
graph, and only after all appeal rights have expired
and any appeals of such notice have been finally de-
termined.
(3) RIGHT OF REENTRY.—The Secretary may ex-
ercise the right of the United States to reenter such
patented estate by filing a declaration of reentry in
the office of the Bureau of Land Management des-
ignated by the Secretary and recording such declara-
tion where the notice or certificate of location for the
patented claim or site is recorded under State law.
Upon the filing and recording of such declaration, all
right, title and interest in such patented estate shall
revert to the United States. Lands and interests in
lands for which the United States exercises its right
of reentry under this section shall remain open to the
location of mining claims and mill sites, unless with-
drawn under other applicable law.
HR 1977 EAS
(c) PATENTS EXCEPTED FROM REQUIREMENTS.—The
requirements of subsections (a) and (b) of this section shall
not apply to the issuance of those patents whose applica-
tions were excepted under section 113 of Pub. L. No. 103–
322, 108 Stat. 2499, 2519 (1994), from the prohibition on
funding contained in section 112 of that Act. Such patents
shall be issued under the general mining laws in effect prior
to the date of enactment of this Act.
(d) PROCESSING
OF
PENDING
PATENT
APPLICA-
TIONS.—
(1) PROCESSING SCHEDULE.—For those applica-
tions for patent under the general mining laws which
are pending at the date of enactment of this Act, or
any amendments to or resubmittals of such patent ap-
plications, the Secretary of the Interior shall—
(A) Within three months of the enactment of
this Act, file with the House and Senate Com-
mittees on Appropriations and the Committee on
Resources of the House of Representatives and
the Committee on Energy and Natural Resources
of the United States Senate a plan which details
how the Department of the Interior will take
final action on all such applications within two
years of the enactment of this Act and file re-
ports annually thereafter with the same commit-
HR 1977 EAS
tees detailing actions taken by the Department of
the Interior to carry out such plan; and
(B) Take such actions as may be necessary
to carry out such plan.
(2) MINERAL EXAMINATIONS.—Upon the request
of a patent applicant, the Secretary of the Interior
shall allow the applicant to fund the retention by the
Bureau of Land Management of a qualified third-
party contractor to conduct a mineral examination of
the mining claims or mill sites contained in a patent
application. All such third-party mineral examina-
tions shall be conducted in accordance with standard
procedures and criteria followed by the Bureau of
Land Management, and the retention and compensa-
tion of such third-party contractors shall be conducted
in accordance with procedures employed by the Bu-
reau of Land Management in the retention of third-
party contractors for the preparation of environ-
mental analyses under the National Environmental
Policy Act (42 U.S.C. §§ 4321–4370d) to the maxi-
mum extent practicable.
Ω159æPage 95, after line 14, insert:
SEC. 324. No part of any appropriation contained in
this Act or any other Act shall be expended or obligated
HR 1977 EAS
to fund the activities of the Office of Forestry and Economic
Development after December 31, 1995.
Ω160æPage 95, after line 14, insert:
SEC. 325. No part of any appropriation contained in
this Act or any other Act shall be expended or obligated
to: (a) redefine the definition of an area in which a marbled
murrelet is ‘‘known to be nesting’’; or (b) to modify the pro-
tocol for surveying for marbled murrelets in effect on July
21, 1995.
Ω161æPage 95, after line 14, insert:
SEC. 326. (a) LAND EXCHANGE.—The Secretary of the
Interior (hereinafter referred to as the ‘‘Secretary’’) is au-
thorized to convey to the Boise Cascade Corporation (here-
inafter referred to as the ‘‘Corporation’’), a corporation
formed under the statutes of the State of Delaware, with
its principal place of business at Boise, Idaho, title to ap-
proximately seven acres of land, more or less, located in
sections 14 and 23, township 36 north, range 37 east, Wil-
lamette Meridian, Stevens County, Washington, further
identified in the records of the Bureau of Reclamation, De-
partment of the Interior, as Tract No. GC–19860, and to
accept from the Corporation in exchange therefor, title to
approximately one hundred and thirty-six acres of land lo-
cated in section 19, township 37 north, range 38 east and
section 33, township 38 north, range 37 east, Willamette
HR 1977 EAS
Meridian, Stevens County, Washington, and further identi-
fied in the records of the Bureau of Reclamation, Depart-
ment of the Interior, as Tract No. GC–19858 and Tract
No. GC–19859, respectively.
(b) APPRAISAL.—The properties so exchanged either
shall be approximately equal in fair market value or if they
are not approximately equal, shall be equalized by the pay-
ment of cash to the Corporation or to the Secretary as re-
quired or in the event the value of the Corporation’s lands
is greater, the acreage may be reduced so that the fair mar-
ket value is approximately equal: Provided, That the Sec-
retary shall order appraisals made of the fair market value
of each tract of land included in the exchange without con-
sideration for improvements thereon: Provided further, That
any cash payment received by the Secretary shall be covered
in the Reclamation Fund and credited to the Columbia
Basin project.
(c) ADMINISTRATIVE COSTS.—Costs of conducting the
necessary land surveys, preparing the legal descriptions of
the lands to be conveyed, performing the appraisals, and
administrative costs incurred in completing the exchange
shall be borne by the Corporation.
(d) LIABILITY
FOR HAZARDOUS SUBSTANCES.—(1)
The Secretary shall not acquire any lands under this Act
if the Secretary determines that such lands, or any portion
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thereof, have become contaminated with hazardous sub-
stances (as defined in the Comprehensive Environmental
Response, Compensation, and Liability Act (42 U.S.C.
9601)).
(2) Notwithstanding any other provision of law, the
United States shall have no responsibility or liability with
respect to any hazardous wastes or other substances placed
on any of the lands covered by this Act after their transfer
to the ownership of any party, but nothing in this Act shall
be construed as either diminishing or increasing any re-
sponsibility or liability of the United States based on the
condition of such lands on the date of their transfer to the
ownership of another party. The Corporation shall indem-
nify the United States for liabilities arising under the Com-
prehensive Environmental Response, Compensation, and
Liability Act (42 U.S.C. 9601), and the Resource Conserva-
tion Recovery Act (42 U.S.C. 6901 et seq.).
(e) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated such sums as may be nec-
essary to carry out the purposes of this Act.
Ω162æPage 95, after line 14, insert:
SEC. 327. TIMBER SALES PIPELINE RESTORATION
FUNDS.—(a) The Secretary of Agriculture and the Sec-
retary of the Interior shall each establish a Timber Sales
Pipeline Restoration Fund (hereinafter ‘‘Agriculture Fund’’
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and ‘‘Interior Fund’’ or ‘‘Funds’’). Any revenues received
from sales released under section 2001(k) of the Fiscal Year
1995 Supplemental Appropriations for Disaster Assistance
and Rescissions Act, minus the funds necessary to make
payments to States or local governments under other law
concerning the distribution of revenues derived from the af-
fected lands, which are in excess of $37,500,000 (hereinafter
‘‘excess revenues’’) shall be deposited into the Funds. The
distribution of excess revenues between the Agriculture
Fund and Interior Fund shall be calculated by multiplying
the total of excess revenues times a fraction with a denomi-
nator of the total revenues received from all sales released
under such section 2001(k) and numerators of the total reve-
nues received from such sales on lands within the National
Forest System and the total revenues received from such
sales on lands administered by the Bureau of Land Man-
agement, respectively: Provided, That revenues or portions
thereof from sales released under such section 2001(k),
minus the amounts necessary for State and local govern-
ment payments and other necessary deposits, may be depos-
ited into the Funds immediately upon receipt thereof and
subsequently redistributed between the Funds or paid into
the United States Treasury as miscellaneous receipts as
may be required when the calculation of excess revenues is
made.
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(b)(1) From the funds deposited into the Agriculture
Fund and into the Interior Fund pursuant to subsection
(a)—
(A) seventy-five percent shall be available, with-
out fiscal year limitation or further appropriation,
for preparation of timber sales, other than salvage
sales as defined in section 2001(a)(3) of the fiscal
year 1995 Supplemental Appropriations for Disaster
Assistance and Rescissions Act, which—
(i) are situated on lands within the Na-
tional Forest System and lands administered by
the Bureau of Land Management, respectively;
and
(ii) are in addition to timber sales for
which funds are otherwise available in this Act
or other appropriations acts.
(B) twenty-five percent shall be available, with-
out fiscal year limitation or further appropriation, to
expend on the backlog of recreation projects on lands
within the National Forest System and lands admin-
istered by the Bureau of Land Management, respec-
tively.
(2) Expenditures under this subsection for preparation
of timber sales may include expenditures for Forest Service
activities within the forest land management budget line
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item and associated timber roads, and Bureau of Land
Management activities within the Oregon and California
grant lands account and the forestry management area ac-
count, as determined by the Secretary concerned.
(c) Revenues received from any timber sale prepared
under subsection (b) or under this subsection, minus the
amounts necessary for State and local government pay-
ments and other necessary deposits, shall be deposited into
the Fund from which funds were expended on such sale.
Such deposited revenues shall be available for preparation
of additional timber sales and completion of additional
recreation projects in accordance with the requirements set
forth in subsection (b).
(d) The Secretary concerned shall terminate all pay-
ments into the Agriculture Fund or the Interior Fund, and
pay any unobligated funds in the affected Fund into the
United States Treasury as miscellaneous receipts, whenever
the Secretary concerned makes a finding, published in the
Federal Register, that sales sufficient to achieve the total
allowable sales quantity of the national forest system for
the Forest Service or the allowable sales level for the Oregon
and California grant lands for the Bureau of Land Man-
agement, respectively, have been prepared.
(e) Any timber sales prepared and recreation projects
completed under this section shall comply with all applica-
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ble environmental and natural resource laws and regula-
tions.
(f) The Secretary concerned shall report annually to
the Committees on Appropriations of the U.S. Senate and
the House of Representatives on expenditures made from the
Fund for timber sales and recreation projects, revenues re-
ceived into the Fund from timber sales, and timber sale
preparation and recreation project work undertaken during
the previous year and projected for the next year under the
Fund. Such information shall be provided for each Forest
Service region and Bureau of Land Management State of-
fice.
(g) The authority of this section shall terminate upon
the termination of both Funds in accordance with the provi-
sions of subsection (d).
Ω163æPage 95, after line 14, insert:
SEC. 328. Notwithstanding any other provision of law,
none of the funds provided in this or any other act shall
be available for travel and training expenses for the Bureau
of Indian Affairs or the Office of Indian Education for edu-
cation conferences or training activities.
Ω164æPage 95, after line 14, insert:
SEC. 329. Of the funds provided to the National En-
dowment for the Arts:
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(a) The Chairperson shall only award a grant to
an individual if such grant is awarded to such indi-
vidual for a literature fellowship, National Heritage
Fellowship, or American Jazz Masters Fellowship.
(b) The Chairperson shall establish procedures to
ensure that no funding provided through a grant, ex-
cept a grant made to a State or regional group, may
be used to make a grant to any other organization or
individual to conduct activity independent of the di-
rect grant recipient. Nothing in this subsection shall
prohibit payments made in exchange for goods and
services.
(c) No grant shall be used for seasonal support
to a group, unless the application is specific to the
contents of the season, including identified programs
and/or projects.
Ω165æPage 95, after line 14, insert:
SEC. 330. DELAY IN IMPLEMENTATION OF THE ADMINIS-
TRATION’S RANGELAND REFORM PROGRAM.
None of the funds made available under this or any
other Act may be used to implement or enforce the final
rule published by the Secretary of the Interior on February
22, 1995 (60 Fed. Reg. 9894), making amendments to parts
4, 1780, and 4100 of title 43, Code of Federal Regulations,
to take effect August 21, 1995, until November 21, 1995.
HR 1977 EAS
None of the funds made available under this or any other
Act may be used to publish proposed or enforce final regula-
tions governing the management of livestock grazing on
lands administered by the Forest Service until November
21, 1995.
Ω166æPage 95, after line 14, insert:
SEC. 331. (a)(1) The head of each agency referred to
in paragraph (2) shall submit to the President each year,
through the head of the department having jurisdiction over
the agency, a land acquisition ranking for the agency con-
cerned for the fiscal year beginning after the date of the
submittal of the report.
(2) The heads of agencies referred to in paragraph (1)
are the following:
(A) The Director of the National Park Service in
the case of the National Park Service.
(B) The Director of the Fish and Wildlife Service
in the case of the Fish and Wildlife Service.
(C) The Director of the Bureau of Land Manage-
ment in the case of the Bureau of Land Management.
(D) The Chief of the Forest Service in the case
of the Forest Service.
(3) In this section, the term ‘‘land acquisition rank-
ing’’, in the case of a Federal agency, means a statement
of the order of precedence of the land acquisition proposals
HR 1977 EAS
of the agency, including a statement of the order of prece-
dence of such proposals for each organizational unit of the
agency.
(b) The President shall include the land acquisition
rankings for a fiscal year that are submitted to the Presi-
dent under subsection (a)(1) in the supporting information
submitted to Congress with the budget for that fiscal year
under section 1105 of title 31, United States Code.
(c)(1) The head of the agency concerned shall deter-
mine the order of precedence of land acquisitions proposals
under subsection (a)(1) in accordance with criteria that the
Secretary of the Department having jurisdiction over the
agency shall prescribe.
(2) The criteria prescribed under paragraph (1) shall
provide for a determination of the order of precedence of
land acquisition proposals through consideration of—
(A) the natural resources located on the land cov-
ered by the acquisition proposals;
(B) the degree to which such resources are threat-
ened;
(C) the length of time required for the acquisi-
tion of the land;
(D) the extend, if any, to which an increase in
the cost of the land covered by the proposals makes
timely completion of the acquisition advisable;
HR 1977 EAS
(E) the extent of public support for the acquisi-
tion of the land; and
(F) such other matters as the Secretary con-
cerned shall prescribe.
Ω167æPage 95, after line 14, insert:
SEC. 332. Section 1864 of title 18, United States Code,
is amended—
(1) in subsection (b)—
(A) in paragraph (2), by striking ‘‘twenty’’
and inserting ‘‘40’’;
(B) in paragraph (3), by striking ‘‘ten’’ and
inserting ‘‘20’’;
(C) in paragraph (4), by striking ‘‘if dam-
age exceeding $10,000 to the property of any in-
dividual results,’’ and inserting ‘‘if damage to
the property of any individual results or if
avoidance costs have been incurred exceeding
$10,000, in the aggregate,’’; and
(D) in paragraph (4), by striking ‘‘ten’’
and inserting ‘‘20’’;
(2) in subsection (c) by striking ‘‘ten’’ and in-
serting ‘‘20’’;
(3) in subsection (d), by—
(A) striking ‘‘and’’ at the end of paragraph
(2);
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(B) striking the period at the end of para-
graph (3) and inserting ‘‘; and’’; and
(C) adding at the end the following:
‘‘(4) the term ‘avoidance costs’ means costs in-
curred by any individual for the purpose of—
‘‘(A) detecting a hazardous or injurious de-
vice; or
‘‘(B) preventing death, serious bodily in-
jury, bodily injury, or property damage likely to
result from the use of a hazardous or injurious
device in violation of subsection (a).’’; and
(4) by adding at the end thereof the following:
‘‘(e) Any person injured as the result of a violation
of subsection (a) may commence a civil action on his own
behalf against any person who is alleged to be in violation
of subsection (a). The district courts shall have jurisdiction,
without regard to the amount in controversy or the citizen-
ship of the parties, in such civil actions. The court may
award, in addition to monetary damages for any injury
resulting form an alleged violation of subsection (a), costs
of litigation, including reasonable attorney and expert wit-
ness fees, to any prevailing or substantially prevailing
party, whenever the court determines such award is appro-
priate.’’.
Ω168æPage 95, after line 14, insert:
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SEC. 333. Notwithstanding any other provision of law,
none of the funds authorized to be appropriated pursuant
to this Act may be used to promote, disseminate, sponsor
or produce materials or performances which denigrate the
objects or beliefs of the adherents of a particular religion.
Ω169æPage 95, after line 14, insert:
SEC. 334. Notwithstanding any other provision of law,
none of the funds made available to the National Endow-
ment for the Arts under this Act may be used to promote,
disseminate, sponsor, or produce materials or performances
that depict or describe, in a patently offensive way, sexual
or excretory activities or organs.
Ω170æPage 95, after line 14, insert:
SEC. 335. Public Law 94–158 is modified to extend the
scope of the Arts and Artifacts Indemnity Act to include
exhibitions originating in the United States and touring
the United States for indemnification subject to the avail-
ability of funds.
Ω171æPage 95, after line 14, insert:
SEC. 336. ENERGY SAVINGS AT FEDERAL FACILITIES.
(a) REDUCTION IN FACILITIES ENERGY COSTS.—The
head of each agency for which funds are made available
under this Act shall take all actions necessary to achieve
during fiscal year 1996 a 5 percent reduction, from fiscal
HR 1977 EAS
year 1995 levels, in the energy costs of the facilities used
by the agency.
(b) USE OF COST SAVINGS.—An amount equal to the
amount of cost savings realized by an agency under sub-
section (a) shall remain available for obligation through the
end of fiscal year 1997, without further authorization or
appropriation, as follows:
(1) CONSERVATION MEASURES.—Fifty percent of
the amount shall remain available for the implemen-
tation of additional energy conservation measures
and for water conservation measures at such facilities
used by the agency as are designated by the head of
the agency.
(2) OTHER
PURPOSES.—Fifty percent of the
amount shall remain available for use by the agency
for such purposes as are designated by the head of the
agency, consistent with applicable law.
(c) REPORT.—
(1) IN GENERAL.—Not later than December 31,
1996, the head of each agency described in subsection
(a) shall submit a report to Congress specifying the
results of the actions taken under subsection (a) and
providing any recommendations concerning how to
further reduce energy costs and energy consumption
in the future.
HR 1977 EAS
(2) CONTENTS.—Each report shall—
(A) specify the total energy costs of the fa-
cilities used by the agency;
(B) identify the reductions achieved; and
(C) specify the actions that resulted in the
reductions.
Ω172æPage 95, after line 14, insert:
SEC. 337. DISTRIBUTION OF INDIAN HEALTH SERVICE PRO-
FESSIONALS.
(a) IN GENERAL.—To ensure that the Secretary of
Health and Human Services (hereafter in this section re-
ferred to as the ‘‘Secretary’’), acting through the Indian
Health Service, is making efforts to meet the health care
needs of Indian tribes (as defined in section 4(e) of the In-
dian Self-Determination and Education Assistance Act (25
U.S.C. 450b(e)) in an equitable manner, the Secretary
shall, not later than April 30, 1996, submit to the Congress
a report that meets the requirements of subsection (b).
(b) CONTENTS OF REPORT.—The report prepared by
the Secretary under this section shall—
(1) contain a comparative analysis of the Indian
Health Service staffing that includes comparisons of
health care facilities (including clinics) and service
units (as defined in section 4(j) of the Indian Health
Care Improvement Act (25 U.S.C. 1603(j));
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(2) for each health care facility of the Indian
Health Service (as determined by the Secretary), de-
termine, for each health profession (as defined in sec-
tion 4(n) of the Indian Health Care Improvement Act
(25 U.S.C. 1603(n)), the ratio of—
(A) the number of members of that health
profession that provide health services in that fa-
cility; to
(B) the number of patients served by the
members of that health profession in that facil-
ity;
(3) provide a comparative nationwide analysis
of health care facilities of the Indian Health Service
based on the ratios determined under paragraph (2)
in order to ascertain whether each service area (as de-
fined in section 4(m) of the Indian Health Care Im-
provement Act (25 U.S.C. 1603(m) is providing an
equitable level of health services; and
(4) provide an analysis of—
(A) the overall levels of staffing of all types
of health professions, support staff, and adminis-
trative staff at facilities referred to in paragraph
(3); and
(B) the distribution of the staffing referred
to in subparagraph (A) by service unit.
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Ω173æPage 95, after line 14, insert:
SEC. 338. HIV-AIDS PREVENTION AND TREATMENT PLAN.
(a) REPORT.—Not later than March 1, 1996, the Sec-
retary of Health and Human Services (hereafter in this sec-
tion referred to as the ‘‘Secretary’’), acting through the In-
dian Health Service and in consultation with Indian tribes
(as defined in section 4(d) of the Indian Health Care Im-
provement Act (25 U.S.C. 1603(d)), shall prepare and sub-
mit to the Congress a report that evaluates—
(1) the incidences of HIV and AIDS among In-
dian tribes;
(2) the services provided under title XXVI of the
Public Health Service Act to members of Indian
tribes living with HIV and AIDS;
(3) the unmet needs, including preventive edu-
cational needs, of members of Indian tribes living
with HIV and AIDS who use the Indian Health Serv-
ice for their primary health care;
(4) the internal capacity of each service unit of
the Indian Health Service to meet the existing need;
and
(5) the resources, including education, needed to
meet existing and projected need.
(b) SERVICE PLAN.—The Secretary, acting through the
Indian Health Service and in consultation with Indian
HR 1977 EAS
tribes, shall develop and implement a plan of action for
meeting the existing and projected needs, which based on
the evaluation conducted pursuant to subsection (a), are de-
termined to be unmet.
Attest:
Secretary.
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