II
Calendar No. 122
105TH CONGRESS
1ST SESSION
H. R. 2107
[Report No. 105–56]
IN THE SENATE OF THE UNITED STATES
JULY 16, 1997
Received; read twice and referred to the Committee on Appropriations
JULY 22, 1997
Reported by Mr. GORTON, with amendments
[Omit the part struck through and insert the part printed in italic]
AN ACT
Making appropriations for the Department of the Interior
and related agencies for the fiscal year ending September
30, 1998, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
fiscal year ending September 30, 1998, and for other pur-
poses, namely:
TITLE I—DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
MANAGEMENT OF LANDS AND RESOURCES
For expenses necessary for protection, use, improve-
ment, development, disposal, cadastral surveying, classi-
fication, acquisition of easements and other interests in
lands, and performance of other functions, including main-
tenance of facilities, as authorized by law, in the manage-
ment of lands and their resources under the jurisdiction
of the Bureau of Land Management, including the general
administration of the Bureau, and assessment of mineral
potential of public lands pursuant to Public Law 96–487
(16 U.S.C. 3150(a)), $581,591,000 $578,851,000, to re-
main available until expended, of which $2,043,000 shall
be available for assessment of the mineral potential of
public lands in Alaska pursuant to section 1010 of Public
Law 96–487 (16 U.S.C. 3150); and of which $3,000,000
shall be derived from the special receipt account estab-
lished by the Land and Water Conservation Act of 1965,
as amended (16 U.S.C. 460l–6a(i)); and of which
$1,500,000 shall be available in fiscal year 1998 subject
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to a match by at least an equal amount by the National
Fish and Wildlife Foundation, to such Foundation for
challenge cost share projects supporting fish and wildlife
conservation 
affecting 
Bureau 
lands; 
in 
addition,
$27,300,000 $27,650,000 for Mining Law Administration
program operations, to remain available until expended,
to be reduced by amounts collected by the Bureau and
credited to this appropriation from annual mining claim
fees so as to result in a final appropriation estimated at
not more than $581,591,000 $578,851,000; and in addi-
tion, not to exceed $5,000,000, to remain available until
expended, from annual mining claim fees; which shall be
credited to this account for the costs of administering the
mining claim fee program, and $2,000,000 from commu-
nication site rental fees established by the Bureau for the
cost of administering communication site activities: Pro-
vided, That appropriations herein made shall not be avail-
able for the destruction of healthy, unadopted, wild horses
and burros in the care of the Bureau or its contractors.
WILDLAND FIRE MANAGEMENT
For necessary expenses for fire use and management,
fire preparedness, suppression operations, and emergency
rehabilitation by the Department of the Interior,
$280,103,000 $282,728,000, to remain available until ex-
pended, of which not to exceed $5,025,000 $6,950,000
shall be for the renovation or construction of fire facilities:
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Provided, That such funds are also available for repay-
ment of advances to other appropriation accounts from
which funds were previously transferred for such purposes:
Provided further, That persons hired pursuant to 43
U.S.C. 1469 may be furnished subsistence and lodging
without cost from funds available from this appropriation.
CENTRAL HAZARDOUS MATERIALS FUND
For necessary expenses of the Department of the In-
terior and any of its component offices and bureaus for
the remedial action, including associated activities, of haz-
ardous waste substances, pollutants, or contaminants pur-
suant to the Comprehensive Environmental Response,
Compensation and Liability Act, as amended (42 U.S.C.
9601 et seq.), $12,000,000 $14,900,000, to remain avail-
able until expended: Provided, That notwithstanding 31
U.S.C. 3302, sums recovered from or paid by a party in
advance of or as reimbursement for remedial action or re-
sponse activities conducted by the Department pursuant
to section 107 or 113(f) of such Act, shall be credited to
this account to be available until expended without further
appropriation: Provided further, That such sums recovered
from or paid by any party are not limited to monetary
payments and may include stocks, bonds or other personal
or real property, which may be retained, liquidated, or oth-
erwise disposed of by the Secretary and which shall be
credited to this account.
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CONSTRUCTION
For construction of buildings, recreation facilities,
roads, trails, and appurtenant facilities, $3,254,000
$3,154,000, to remain available until expended.
PAYMENTS IN LIEU OF TAXES
For expenses necessary to implement the Act of Octo-
ber 20, 1976, as amended, (31 U.S.C. 6901–6907),
$113,500,000
$120,000,000, of which not to exceed
$400,000 shall be available for administrative expenses:
Provided, That no payment shall be made to otherwise eli-
gible units of local government if the computed amount
of the payment is less than $100.
LAND ACQUISITION
For expenses necessary to carry out sections 205,
206, and 318(d) of Public Law 94–579, including admin-
istrative expenses and acquisition of lands or waters, or
interests therein, $12,000,000 $9,400,000, to be derived
from the Land and Water Conservation Fund, to remain
available until expended.
OREGON AND CALIFORNIA GRANT LANDS
For expenses necessary for management, protection,
and development of resources and for construction, oper-
ation, and maintenance of access roads, reforestation, and
other improvements on the revested Oregon and California
Railroad grant lands, on other Federal lands in the Or-
egon and California land-grant counties of Oregon, and
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on adjacent rights-of-way; and acquisition of lands or in-
terests therein including existing connecting roads on or
adjacent to such grant lands; $101,406,000, to remain
available until expended: Provided, That 25 per centum
of the aggregate of all receipts during the current fiscal
year from the revested Oregon and California Railroad
grant lands is hereby made a charge against the Oregon
and California land-grant fund and shall be transferred
to the General Fund in the Treasury in accordance with
the second paragraph of subsection (b) of title II of the
Act of August 28, 1937 (50 Stat. 876).
FOREST ECOSYSTEMS HEALTH AND RECOVERY
(REVOLVING FUND, SPECIAL ACCOUNT)
In addition to the purposes authorized in Public Law
102–381, funds made available in the Forest Ecosystem
Health and Recovery Fund can be used for the purpose of
planning, preparing, and monitoring salvage timber sales
and forest ecosystem health and recovery activities such as
release from competing vegetation and density control treat-
ments. Any receipts derived from treatments funded by this
account shall be deposited into the Forest Ecosystem Health
and Recovery Fund.
RANGE IMPROVEMENTS
For rehabilitation, protection, and acquisition of
lands and interests therein, and improvement of Federal
rangelands pursuant to section 401 of the Federal Land
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Policy and Management Act of 1976 (43 U.S.C. 1701),
notwithstanding any other Act, sums equal to 50 per cen-
tum of all moneys received during the prior fiscal year
under sections 3 and 15 of the Taylor Grazing Act (43
U.S.C. 315 et seq.) and the amount designated for range
improvements from grazing fees and mineral leasing re-
ceipts from Bankhead-Jones lands transferred to the De-
partment of the Interior pursuant to law, but not less than
$9,113,000, to remain available until expended: Provided,
That not to exceed $600,000 shall be available for admin-
istrative expenses.
SERVICE CHARGES, DEPOSITS, AND FORFEITURES
For administrative expenses and other costs related
to processing application documents and other authoriza-
tions for use and disposal of public lands and resources,
for costs of providing copies of official public land docu-
ments, for monitoring construction, operation, and termi-
nation of facilities in conjunction with use authorizations,
and for rehabilitation of damaged property, such amounts
as may be collected under Public Law 94–579, as amend-
ed, and Public Law 93–153, to remain available until ex-
pended: Provided, That notwithstanding any provision to
the contrary of section 305(a) of Public Law 94–579 (43
U.S.C. 1735(a)), any moneys that have been or will be
received pursuant to that section, whether as a result of
forfeiture, compromise, or settlement, if not appropriate
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for refund pursuant to section 305(c) of that Act (43
U.S.C. 1735(c)), shall be available and may be expended
under the authority of this Act by the Secretary to im-
prove, protect, or rehabilitate any public lands adminis-
tered through the Bureau of Land Management which
have been damaged by the action of a resource developer,
purchaser, permittee, or any unauthorized person, without
regard to whether all moneys collected from each such ac-
tion are used on the exact lands damaged which led to
the action: Provided further, That any such moneys that
are in excess of amounts needed to repair damage to the
exact land for which funds were collected may be used to
repair other damaged public lands.
MISCELLANEOUS TRUST FUNDS
In addition to amounts authorized to be expended
under existing laws, there is hereby appropriated such
amounts as may be contributed under section 307 of the
Act of October 21, 1976 (43 U.S.C. 1701), and such
amounts as may be advanced for administrative costs, sur-
veys, appraisals, and costs of making conveyances of omit-
ted lands under section 211(b) of that Act, to remain
available until expended.
ADMINISTRATIVE PROVISIONS
Appropriations for the Bureau of Land Management
shall be available for purchase, erection, and dismantle-
ment of temporary structures, and alteration and mainte-
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nance of necessary buildings and appurtenant facilities to
which the United States has title; up to $100,000 for pay-
ments, at the discretion of the Secretary, for information
or evidence concerning violations of laws administered by
the Bureau; miscellaneous and emergency expenses of en-
forcement activities authorized or approved by the Sec-
retary and to be accounted for solely on his certificate,
not to exceed $10,000: Provided, That notwithstanding 44
U.S.C. 501, the Bureau may, under cooperative cost-shar-
ing and partnership arrangements authorized by law, pro-
cure printing services from cooperators in connection with
jointly-produced publications for which the cooperators
share the cost of printing either in cash or in services,
and the Bureau determines the cooperator is capable of
meeting accepted quality standards.
UNITED STATES FISH AND WILDLIFE SERVICE
RESOURCE MANAGEMENT
For expenses necessary for scientific and economic
studies, conservation, management, investigations, protec-
tion, and utilization of fishery and wildlife resources, ex-
cept whales, seals, and sea lions, and for the performance
of other authorized functions related to such resources; for
the general administration of the United States Fish and
Wildlife Service; for maintenance of the herd of long-
horned cattle on the Wichita Mountains Wildlife Refuge;
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and not less than $1,000,000 for high priority projects
within the scope of the approved budget which shall be
carried out by the Youth Conservation Corps as author-
ized by the Act of August 13, 1970, as amended,
$591,042,000 $585,064,000, to remain available until Sep-
tember 30, 1999, of which $11,612,000 shall remain avail-
able until expended for operation and maintenance of fish-
ery mitigation facilities constructed by the Corps of Engi-
neers under the Lower Snake River Compensation Plan,
authorized by the Water Resources Development Act of
1976, to compensate for loss of fishery resources from
water development projects on the Lower Snake River,
and of which not less than $2,000,000 shall be provided
to local governments in southern California for planning
associated with the Natural Communities Conservation
Planning (NCCP) program and shall remain available
until expended,–and of which not to exceed $5,190,000
shall be used for implementing subsections (a), (b), (c),
and (e) of section 4 of the Endangered Species Act of
1973, as amended: Provided, That the proviso under this
heading in Public Law 104–208 is amended by striking the
words ‘‘Education and’’ and inserting in lieu thereof ‘‘Con-
servation’’, by striking the word ‘‘direct’’ and inserting in
lieu thereof the word ‘‘full’’, and by inserting before the pe-
riod ‘‘, to remain available until expended’’: Provided fur-
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ther, That the Bureau of Reclamation transfers to the Fish
and Wildlife Service for the Recovery Implementation Pro-
gram for Endangered Fish Species in the Upper Colorado
River Basin shall be exempt from any Fish and Wildlife
Service overhead charge.
CONSTRUCTION
For construction and acquisition of buildings and
other facilities required in the conservation, management,
investigation, protection, and utilization of fishery and
wildlife resources, and the acquisition of lands and inter-
ests therein; $40,256,000 $43,053,000, to remain available
until expended.
NATURAL RESOURCE DAMAGE ASSESSMENT FUND
To conduct natural resource damage assessment ac-
tivities by the Department of the Interior necessary to
carry out the provisions of the Comprehensive Environ-
mental Response, Compensation, and Liability Act, as
amended (42 U.S.C. 9601, et seq.), Federal Water Pollu-
tion Control Act, as amended (33 U.S.C. 1251, et seq.),
the Oil Pollution Act of 1990 (Public Law 101–380), and
Public Law 101–337; $4,128,000 $4,328,000, to remain
available until expended: Provided, That under this head-
ing in Public Law 104–134, strike ‘‘in fiscal year 1996
and thereafter’’ in the proviso and insert ‘‘heretofore and
hereafter’’, and before the phrase, ‘‘or properties shall be
utilized’’ in such proviso, insert ‘‘, to remain available until
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expended,’’: Provided further, That the first proviso under
this heading in Public Law 103–138 is amended by insert-
ing after ‘‘account’’ the following: ‘‘, including transfers to
Federal trustees and payments to non-Federal trustees,’’.
LAND ACQUISITION
For expenses necessary to carry out the Land and
Water Conservation Fund Act of 1965, as amended (16
U.S.C. 460l–4–11), including administrative expenses,
and for acquisition of land or waters, or interest therein,
in accordance with statutory authority applicable to the
United States Fish and Wildlife Service, $53,000,000
$57,292,000, to remain available until expended.
COOPERATIVE ENDANGERED SPECIES CONSERVATION
FUND
For expenses necessary to carry out the provisions
of the Endangered Species Act of 1973 (16 U.S.C. 1531–
1543), as amended, $14,000,000, for grants to States, to
be derived from the Cooperative Endangered Species Con-
servation Fund, and to remain available until expended.
NATIONAL WILDLIFE REFUGE FUND
For expenses necessary to implement the Act of Octo-
ber 17, 1978 (16 U.S.C. 715s), $10,000,000 $10,779,000.
REWARDS AND OPERATIONS
For expenses necessary to carry out the provisions
of the African Elephant Conservation Act (16 U.S.C.
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4201–4203, 4211–4213, 4221–4225, 4241–4245, and
1538), $1,000,000, to remain available until expended.
NORTH AMERICAN WETLANDS CONSERVATION FUND
For expenses necessary to carry out the provisions
of the North American Wetlands Conservation Act, Public
Law 101–233, as amended, $10,500,000 $13,000,000, to
remain available until expended.
RHINOCEROS AND TIGER CONSERVATION FUND
For deposit to the Rhinoceros and Tiger Conserva-
tion Fund, $400,000, to remain available until expended,
to carry out the Rhinoceros and Tiger Conservation Act
of 1994 (Public Law 103–391).
WILDLIFE CONSERVATION AND APPRECIATION FUND
For deposit to the Wildlife Conservation and Appre-
ciation Fund, $800,000, to remain available until ex-
pended.
ADMINISTRATIVE PROVISIONS
Appropriations and funds available to the United
States Fish and Wildlife Service shall be available for pur-
chase of not to exceed 108 passenger motor vehicles, of
which 92 are for replacement only (including 57 for police-
type use); not to exceed $400,000 for payment, at the dis-
cretion of the Secretary, for information, rewards, or evi-
dence concerning violations of laws administered by the
Service, and miscellaneous and emergency expenses of en-
forcement activities, authorized or approved by the Sec-
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retary and to be accounted for solely on his certificate;
repair of damage to public roads within and adjacent to
reservation areas caused by operations of the Service; op-
tions for the purchase of land at not to exceed $1 for each
option; facilities incident to such public recreational uses
on conservation areas as are consistent with their primary
purpose; and the maintenance and improvement of aquar-
ia, buildings, and other facilities under the jurisdiction of
the Service and to which the United States has title, and
which are utilized pursuant to law in connection with man-
agement and investigation of fish and wildlife resources:
Provided, That notwithstanding 44 U.S.C. 501, the Serv-
ice may, under cooperative cost sharing and partnership
arrangements authorized by law, procure printing services
from cooperators in connection with jointly-produced pub-
lications for which the cooperators share at least one-half
the cost of printing either in cash or services and the Serv-
ice determines the cooperator is capable of meeting accept-
ed quality standards: Provided further, That the Service
may accept donated aircraft as replacements for existing
aircraft: Provided further, That notwithstanding any other
provision of law, the Secretary of the Interior may not
spend any of the funds appropriated in this Act for the
purchase of lands or interests in lands to be used in the
establishment of any new unit of the National Wildlife
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Refuge System unless the purchase is approved in advance
by the House and Senate Committees on Appropriations
in compliance with the reprogramming procedures con-
tained in the report accompanying this bill: Provided fur-
ther, That the Secretary may sell land and interests in
land, other than surface water rights, acquired in con-
formance with subsections 206(a) and 207(c) of Public
Law 101–816, the receipts of which shall be deposited to
the Lahontan Valley and Pyramid Lake Fish and Wildlife
Fund and used exclusively for the purposes of such sub-
sections, without regard to the limitation on the distribu-
tion of benefits in subsection 206(f)(2) of such law.
NATIONAL PARK SERVICE
OPERATION OF THE NATIONAL PARK SYSTEM
For expenses necessary for the management, oper-
ation, and maintenance of areas and facilities adminis-
tered by the National Park Service (including special road
maintenance service to trucking permittees on a reimburs-
able basis), and for the general administration of the Na-
tional Park Service, including not to exceed $2,500,000
$1,593,000 for the Volunteers-in-Parks program, and not
less than $1,000,000 for high priority projects within the
scope of the approved budget which shall be carried out
by the Youth Conservation Corps as authorized by 16
U.S.C. 1706, $1,232,325,000 $1,249,409,000, of which
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$12,800,000 for research, planning and interagency co-
ordination in support of land acquisition for Everglades
restoration shall remain available until expended, and of
which not to exceed $72,000,000, to remain available until
expended, is to be derived from the special fee account
established pursuant to title V, section 5201 of Public
Law 100–203.
NATIONAL RECREATION AND PRESERVATION
For expenses necessary to carry out recreation pro-
grams, natural programs, cultural programs, heritage
partnership programs, environmental compliance and re-
view, international park affairs, statutory or contractual
aid for other activities, and grant administration, not oth-
erwise provided for, $43,934,000, of which $4,500,000 is
for grants to Heritage areas in accordance with titles I–
VI and VIII–IX, division II of Public Law 104–333 and
is $45,284,000 to remain available until September 30,
1999.
HISTORIC PRESERVATION FUND
For expenses necessary in carrying out the Historic
Preservation Act of 1966, as amended (16 U.S.C. 470),
and the Omnibus Parks and Public Lands Management
Act of 1996 (Public Law 104–333), $40,412,000
$39,812,000, to be derived from the Historic Preservation
Fund, to remain available until September 30, 1999, of
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which $3,200,000 pursuant to section 507 of Public Law
104–333 shall remain available until expended.
CONSTRUCTION
For construction, improvements, repair or replace-
ment of physical facilities, including the modifications au-
thorized by section 104 of the Everglades National Park
Protection and Expansion Act of 1989, $148,391,000
$167,894,000 to remain available until expended:–Pro-
vided, That $500,000 for the Rutherford B. Hayes Home
and $600,000 for the Sotterly Plantation House shall be
derived from the Historic Preservation Fund pursuant to
16 U.S.C. 470A: Provided, That $500,000 for the Darwin
Mountain House in Buffalo, New York and $500,000 for
the Penn Center, South Carolina, shall be derived from the
Historic Preservation Fund pursuant to 16 U.S.C. 470a:
Provided further, That $3,000,000 for the Hispanic Cul-
tural Center, New Mexico, is subject to authorization: Pro-
vided further, That $1,000,000 for the Oklahoma City
Bombing Memorial is subject to authorization: Provided
further, That none of the funds provided in this Act may
be used to relocate the Brooks River Lodge in Katmai Na-
tional Park and Preserve from its current physical location.
LAND AND WATER CONSERVATION FUND
(RESCISSION)
The contract authority provided for fiscal year 1998
by 16 U.S.C. 460l–10a is rescinded.
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LAND ACQUISITION AND STATE ASSISTANCE
For expenses necessary to carry out the Land and
Water Conservation Fund Act of 1965, as amended (16
U.S.C. 460l–4–11), including administrative expenses,
and for acquisition of lands or waters, or interest therein,
in accordance with statutory authority applicable to the
National Park Service, $129,000,000 $125,690,000, to be
derived from the Land and Water Conservation Fund, to
remain available until expended,–of which $1,000,000 is
to administer the State assistance program: Provided,
That any funds made available for the purpose of acquisi-
tion of the Elwha and Glines dams shall be used solely
for acquisition, and shall not be expended until the full
purchase amount has been appropriated by the Congress:–
Provided further, That of the funds provided herein,
$8,500,000 is available for acquisition of the Sterling For-
est: Provided further, That from the funds made available
for land acquisition at Everglades National Park and Big
Cypress National Preserve, the Secretary may provide for
Federal assistance to the State of Florida for the acquisition
of lands or waters, or interests therein, within the Ever-
glades watershed (consisting of lands and waters within the
boundaries of the South Florida Water Management Dis-
trict, Florida Bay and the Florida Keys) under terms and
conditions deemed necessary by the Secretary, to improve
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and restore the hydrological function of the Everglades wa-
tershed: Provided further, That funds provided under this
head to the State of Florida shall be subject to an agreement
that such lands will be managed in perpetuity for the res-
toration of the Everglades.
ADMINISTRATIVE PROVISIONS
Appropriations for the National Park Service shall be
available for the purchase of not to exceed 396 passenger
motor vehicles, of which 302 shall be for replacement only,
including not to exceed 315 for police-type use, 13 buses,
and 6 ambulances: Provided, That none of the funds ap-
propriated to the National Park Service may be used to
process any grant or contract documents which do not in-
clude the text of 18 U.S.C. 1913: Provided further, That
none of the funds appropriated to the National Park Serv-
ice may be used to implement an agreement for the rede-
velopment of the southern end of Ellis Island until such
agreement has been submitted to the Congress and shall
not be implemented prior to the expiration of 30 calendar
days (not including any day in which either House of Con-
gress is not in session because of adjournment of more
than three calendar days to a day certain) from the receipt
by the Speaker of the House of Representatives and the
President of the Senate of a full and comprehensive report
on the development of the southern end of Ellis Island,
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including the facts and circumstances relied upon in sup-
port of the proposed project.
None of the funds in this Act may be spent by the
National Park Service for activities taken in direct re-
sponse to the United Nations Biodiversity Convention.
The National Park Service may distribute to operat-
ing units based on the safety record of each unit the costs
of programs designed to improve workplace and employee
safety, and to encourage employees receiving workers’
compensation benefits pursuant to chapter 81 of title 5,
United States Code, to return to appropriate positions for
which they are medically able.
UNITED STATES GEOLOGICAL SURVEY
SURVEYS, INVESTIGATIONS, AND RESEARCH
For expenses necessary for the United States Geo-
logical Survey to perform surveys, investigations, and re-
search covering topography, geology, hydrology, and the
mineral and water resources of the United States, its Ter-
ritories and possessions, and other areas as authorized by
43 U.S.C. 31, 1332, and 1340; classify lands as to their
mineral and water resources; give engineering supervision
to power permittees and Federal Energy Regulatory Com-
mission licensees; administer the minerals exploration pro-
gram (30 U.S.C. 641); and publish and disseminate data
relative to the foregoing activities; and to conduct inquiries
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into the economic conditions affecting mining and mate-
rials processing industries (30 U.S.C. 3, 21a, and 1603;
50 U.S.C. 98g(1)) and related purposes as authorized by
law and to publish and disseminate data; $755,795,000
$758,160,000 of which $66,231,000 shall be available only
for cooperation with States or municipalities for water re-
sources investigations; and of which $16,400,000 shall re-
main available until expended for conducting inquiries into
the economic conditions affecting mining and materials
processing industries; and of which $2,000,000 shall re-
main available until expended for development of a mineral
and geologic database; and of which $147,794,000
$147,159,000 shall be available until September 30, 1999
for the biological research activity and the operation of
the Cooperative Research Units: Provided, That none of
these funds provided for the biological research activity
shall be used to conduct new surveys on private property,
unless specifically authorized in writing by the property
owner: Provided further, That no part of this appropria-
tion shall be used to pay more than one-half the cost of
topographic mapping or water resources data collection
and investigations carried on in cooperation with States
and municipalities: Provided further, That hereafter the
United States Geological Survey may disperse to local enti-
ties Payment in Lieu of Taxes impact funding appro-
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priated to the Fish and Wildlife Service pursuant to the
Refuge Revenue Sharing Act that is associated with Federal
real property being transferred to the United States Geo-
logical Survey from the United States Fish and Wildlife
Service.
ADMINISTRATIVE PROVISIONS
The amount appropriated for the United States Geo-
logical Survey shall be available for the purchase of not
to exceed 53 passenger motor vehicles, of which 48 are
for replacement only; reimbursement to the General Serv-
ices Administration for security guard services; contract-
ing for the furnishing of topographic maps and for the
making of geophysical or other specialized surveys when
it is administratively determined that such procedures are
in the public interest; construction and maintenance of
necessary buildings and appurtenant facilities; acquisition
of lands for gauging stations and observation wells; ex-
penses of the United States National Committee on Geol-
ogy; and payment of compensation and expenses of per-
sons on the rolls of the Survey duly appointed to represent
the United States in the negotiation and administration
of interstate compacts: Provided, That activities funded by
appropriations herein made may be accomplished through
the use of contracts, grants, or cooperative agreements as
defined in 31 U.S.C. 6302, et seq.: Provided further, That
the USGS may contract directly with individuals or indi-
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rectly with institutions or nonprofit organizations, without
regard to section 41 U.S.C. 5, for the temporary or inter-
mittent services of science students or recent graduates,
who shall be considered employees for the purposes of
chapter 81 of title 5, United States Code, relating to com-
pensation for work injuries, and chapter 171 of title 28,
United States Code, relating to tort claims, but shall not
be considered to be Federal employees for any other pur-
poses.
MINERALS MANAGEMENT SERVICE
ROYALTY AND OFFSHORE MINERALS MANAGEMENT
For expenses necessary for minerals leasing and envi-
ronmental studies, regulation of industry operations, and
collection of royalties, as authorized by law; for enforcing
laws and regulations applicable to oil, gas, and other min-
erals leases, permits, licenses and operating contracts; and
for matching grants or cooperative agreements; including
the purchase of not to exceed eight passenger motor vehi-
cles for replacement only; $139,621,000 $135,722,000, of
which not less than $70,874,000 $66,175,000 shall be
available for royalty management activities; and an
amount not to exceed $65,000,000 for activities within the
Outer Continental Shelf (OCS) Lands Program, to be
credited to this appropriation and to remain available until
expended, from additions to receipts resulting from in-
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creases to rates in effect on August 5, 1993, from rate
increases to fee collections for OCS administrative activi-
ties performed by the Minerals Management Service over
and above the rates in effect on September 30, 1993, and
from additional fees for OCS administrative activities es-
tablished after September 30, 1993: Provided, That
$1,500,000 $3,000,000 for computer acquisitions shall re-
main available until September 30, 1999: Provided further,
That funds appropriated under this Act shall be available
for the payment of interest in accordance with 30 U.S.C.
1721(b) and (d): Provided further, That not to exceed
$3,000 shall be available for reasonable expenses related
to promoting volunteer beach and marine cleanup activi-
ties: Provided further, That notwithstanding any other
provision of law, $15,000 under this head shall be avail-
able for refunds of overpayments in connection with cer-
tain Indian leases in which the Director of the Minerals
Management Service concurred with the claimed refund
due, to pay amounts owed to Indian allottees or Tribes,
or to correct prior unrecoverable erroneous payments.
OIL SPILL RESEARCH
For necessary expenses to carry out title I, section
1016, title IV, sections 4202 and 4303, title VII, and title
VIII, section 8201 of the Oil Pollution Act of 1990,
$6,118,000, which shall be derived from the Oil Spill Li-
ability Trust Fund, to remain available until expended.
HR 2107 RS
OFFICE OF SURFACE MINING RECLAMATION AND
ENFORCEMENT
REGULATION AND TECHNOLOGY
For necessary expenses to carry out the provisions
of the Surface Mining Control and Reclamation Act of
1977, Public Law 95–87, as amended, including the pur-
chase of not to exceed 10 passenger motor vehicles, for
replacement only; $94,937,000 $97,437,000, and notwith-
standing 31 U.S.C. 3302, an additional amount shall be
credited to this account, to remain available until ex-
pended, from performance bond forfeitures in fiscal year
1998: Provided, That the Secretary of the Interior, pursu-
ant to regulations, may utilize directly or through grants
to States, moneys collected in fiscal year 1998 for civil
penalties assessed under section 518 of the Surface Min-
ing Control and Reclamation Act of 1977 (30 U.S.C.
1268), to reclaim lands adversely affected by coal mining
practices after August 3, 1977, to remain available until
expended: Provided further, That appropriations for the
Office of Surface Mining Reclamation and Enforcement
may provide for the travel and per diem expenses of State
and tribal personnel attending Office of Surface Mining
Reclamation and Enforcement sponsored training.
ABANDONED MINE RECLAMATION FUND
For necessary expenses to carry out title IV of the
Surface Mining Control and Reclamation Act of 1977,
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Public Law 95–87, as amended, including the purchase
of not more than 10 passenger motor vehicles for replace-
ment only, $179,624,000 $177,624,000, to be derived from
receipts of the Abandoned Mine Reclamation Fund and
to remain available until expended; of which up to
$5,000,000 shall be for supplemental grants to States for
the reclamation of abandoned sites with acid mine rock
drainage from coal mines through the Appalachian Clean
Streams Initiative: Provided, That grants to minimum
program States will be $1,500,000 per State in fiscal year
1998: Provided further, That of the funds herein provided
up to $18,000,000 may be used for the emergency pro-
gram authorized by section 410 of Public Law 95–87, as
amended, of which no more than 25 per centum shall be
used for emergency reclamation projects in any one State
and funds for federally-administered emergency reclama-
tion projects under this proviso shall not exceed
$11,000,000: Provided further, That prior year unobli-
gated funds appropriated for the emergency reclamation
program shall not be subject to the 25 per centum limita-
tion per State and may be used without fiscal year limita-
tion for emergency projects: Provided further, That pursu-
ant to Public Law 97–365, the Department of the Interior
is authorized to use up to 20 per centum from the recovery
of the delinquent debt owed to the United States Govern-
HR 2107 RS
ment to pay for contracts to collect these debts: 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 en-
vironmental 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: Provided further, That the State of
Maryland may set aside the greater of $1,000,000 or 10
percent of the total of the grants made available to the
State under title IV of the Surface Mining Control and
Reclamation Act of 1977, as amended (30 U.S.C. 1231
et seq.), if the amount set aside is deposited in an acid
mine drainage abatement and treatment fund established
under a State law, pursuant to which law the amount (to-
gether with all interest earned on the amount) is expended
by the State to undertake acid mine drainage abatement
and treatment projects, except that before any amounts
greater than 10 percent of its title IV grants are deposited
in an acid mine drainage abatement and treatment fund,
the State of Maryland must first complete all Surface
Mining Control and Reclamation Act priority one projects.
HR 2107 RS
BUREAU OF INDIAN AFFAIRS
OPERATION OF INDIAN PROGRAMS
For operation of Indian programs by direct expendi-
ture, contracts, cooperative agreements, compacts, and
grants including expenses necessary to provide education
and welfare services for Indians, either directly or in co-
operation with States and other organizations, including
payment of care, tuition, assistance, and other expenses
of Indians in boarding homes, or institutions, or schools;
grants and other assistance to needy Indians; maintenance
of law and order; management, development, improve-
ment, and protection of resources and appurtenant facili-
ties under the jurisdiction of the Bureau, including pay-
ment of irrigation assessments and charges; acquisition of
water rights; advances for Indian industrial and business
enterprises; operation of Indian arts and crafts shops and
museums; development of Indian arts and crafts, as au-
thorized by law; for the general administration of the Bu-
reau, including such expenses in field offices; maintaining
of Indian reservation roads as defined in 23 U.S.C. 101;
and construction, repair, and improvement of Indian hous-
ing, $1,526,815,000 $1,527,024,000, to remain available
until September 30, 1999 except as otherwise provided
herein, of which not to exceed $93,825,000 shall be for
welfare 
assistance 
payments 
and 
not 
to 
exceed
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$105,829,000 shall be for payments to tribes and tribal
organizations for contract support costs associated with
ongoing contracts or grants or compacts entered into with
the Bureau prior to fiscal year 1998, as authorized by the
Indian Self-Determination Act of 1975, as amended, and
up to $5,000,000 shall be for the Indian Self-Determina-
tion Fund, which shall be available for the transitional
cost of initial or expanded tribal contracts, grants, com-
pacts, or cooperative agreements with the Bureau under
such Act; and of which not to exceed $374,290,000 for
school operations costs of Bureau-funded schools and
other education programs shall become available on July
1, 1998, and shall remain available until September 30,
1999; and of which not to exceed $59,775,000 $59,479,000
shall remain available until expended for housing improve-
ment, road maintenance, attorney fees, litigation support,
self-governance grants, the Indian Self-Determination
Fund, land records improvements and the Navajo-Hopi
Settlement Program: Provided, That tribes and tribal con-
tractors may use their tribal priority allocations for unmet
indirect costs of ongoing contracts, grants or compact
agreements and for unmet welfare assistance costs: Pro-
vided further, That funds made available to tribes and
tribal organizations through contracts, compact agree-
ments, or grants obligated during fiscal years 1998 and
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1999, as authorized by the Indian Self-Determination Act
of 1975, or grants authorized by the Indian Education
Amendments of 1988 (25 U.S.C. 2001 and 2008A) shall
remain available until expended by the contractor or
grantee: Provided further, That to provide funding uni-
formity within a Self-Governance Compact, any funds pro-
vided in this Act with availability for more than two years
may be reprogrammed to two year availability but shall
remain available within the Compact until expended: Pro-
vided further, That notwithstanding any other provision
of law, Indian tribal governments may, by appropriate
changes in eligibility criteria or by other means, change
eligibility for general assistance or change the amount of
general assistance payments for individuals within the
service area of such tribe who are otherwise deemed eligi-
ble for general assistance payments so long as such
changes are applied in a consistent manner to individuals
similarly situated: Provided further, That any savings real-
ized by such changes shall be available for use in meeting
other priorities of the tribes: Provided further, That any
net increase in costs to the Federal Government which re-
sult solely from tribally increased payment levels for gen-
eral assistance shall be met exclusively from funds avail-
able to the tribe from within its tribal priority allocation:
Provided further, That any forestry funds allocated to a
HR 2107 RS
tribe which remain unobligated as of September 30, 1998,
may be transferred during fiscal year 1999 to an Indian
forest land assistance account established for the benefit
of such tribe within the tribe’s trust fund account: Pro-
vided further, That any such unobligated balances not so
transferred shall expire on September 30, 1999: Provided
further, That notwithstanding any other provision of law,
no funds available to the Bureau, other than the amounts
provided herein for assistance to public schools under 25
U.S.C. 452 et seq., shall be available to support the oper-
ation of any elementary or secondary school in the State
of Alaska in fiscal year 1998: Provided further, That funds
made available in this or any other Act for expenditure
through September 30, 1999 for schools funded by the
Bureau shall be available only to the schools in the Bureau
school system as of September 1, 1996: Provided further,
That no funds available to the Bureau shall be used to
support expanded grades for any school or dormitory be-
yond the grade structure in place or approved by the Sec-
retary of the Interior at each school in the Bureau school
system as of October 1, 1995: Provided further, That be-
ginning in fiscal year 1998 and thereafter and notwith-
standing 25 U.S.C. 2012(h)(1)(B), when the rates of basic
compensation for teachers and counselors at Bureau-oper-
ated schools are established at the rates of basic com-
HR 2107 RS
pensation applicable to comparable positions in overseas
schools under the Defense Department Overseas Teachers
Pay and Personnel Practices Act, such rates shall become
effective with the start of the next academic year following
the issuance of the Department of Defense salary schedule
and shall not be effected retroactively: Provided further,
That the Cibecue Community School may use prior year
school operations funds for the construction of a new high
school facility which is in compliance with 25 U.S.C.
2005(a) provided that any additional construction costs
for replacement of such facilities begun with prior year
funds shall be completed exclusively with non-Federal
funds: Provided further, That tribes may use Tribal Prior-
ity Allocations funds for the replacement and repair of
school facilities which are in compliance with 25 U.S.C.
2005(a) provided that any construction costs for subsequent
replacement of such facilities is completed exclusively with
non-Federal funds.
CONSTRUCTION
For construction, major repair, and improvement of
irrigation and power systems, buildings, utilities, and
other facilities, including architectural and engineering
services by contract; acquisition of lands, and interests in
lands; and preparation of lands for farming, and for con-
struction of the Navajo Indian Irrigation Project pursuant
to Public Law 87–483, $110,751,000 $125,051,000, to re-
HR 2107 RS
main available until expended: Provided, That such
amounts as may be available for the construction of the
Navajo Indian Irrigation Project may be transferred to the
Bureau of Reclamation: Provided further, That not to ex-
ceed 6 per centum of contract authority available to the
Bureau of Indian Affairs from the Federal Highway Trust
Fund may be used to cover the road program management
costs of the Bureau: Provided further, That any funds pro-
vided for the Safety of Dams program pursuant to 25
U.S.C. 13 shall be made available on a non-reimbursable
basis: Provided further, That for fiscal year 1998, in im-
plementing new construction or facilities improvement and
repair project grants in excess of $100,000 that are pro-
vided to tribally controlled grant schools under Public Law
100–297, as amended, the Secretary of the Interior shall
use the Administrative and Audit Requirements and Cost
Principles for Assistance Programs contained in 43 CFR
part 12 as the regulatory requirements: Provided further,
That such grants shall not be subject to section 12.61 of
43 CFR; the Secretary and the grantee shall negotiate and
determine a schedule of payments for the work to be per-
formed: Provided further, That in considering applications,
the Secretary shall consider whether the Indian tribe or
tribal organization would be deficient in assuring that the
construction projects conform to applicable building stand-
HR 2107 RS
ards and codes and Federal, tribal, or State health and
safety standards as required by 25 U.S.C. 2005(a), with
respect to organizational and financial management capa-
bilities: Provided further, That if the Secretary declines an
application, the Secretary shall follow the requirements
contained in 25 U.S.C. 2505(f): Provided further, That
any disputes between the Secretary and any grantee con-
cerning a grant shall be subject to the disputes provision
in 25 U.S.C. 2508(e).
INDIAN LAND AND WATER CLAIM SETTLEMENTS AND
MISCELLANEOUS PAYMENTS TO INDIANS
For miscellaneous payments to Indian tribes and in-
dividuals and for necessary administrative expenses,
$41,352,000 $43,352,000, to remain available until ex-
pended; of which $40,500,000 $42,000,000 shall be avail-
able for implementation of enacted Indian land and water
claim settlements pursuant to Public Laws 101–618, 102–
374, and 102–575, and for implementation of other en-
acted water rights settlements, including not to exceed
$8,000,000, which shall be for the Federal share of the
Catawba Indian Tribe of South Carolina Claims Settle-
ment, as authorized by section 5(a) of Public Law 103–
116; and of which $852,000 $1,352,000 shall be available
pursuant to Public Laws 99–264, 100–383, 103–402, and
100–580: Provided, That the Secretary is directed to sell
land and interests in land, other than surface water rights,
HR 2107 RS
acquired in conformance with section 2 of the Truckee
River Water Quality Settlement Agreement, the receipts
of which shall be deposited to the Lahontan Valley and
Pyramid Lake Fish and Wildlife Fund, and be available
for the purposes of section 2 of such Agreement, without
regard to the limitation on the distribution of benefits in
the second sentence of paragraph 206(f)(2) of Public Law
101–618.
INDIAN GUARANTEED LOAN PROGRAM ACCOUNT
For the cost of guaranteed loans, $4,500,000, as au-
thorized by the Indian Financing Act of 1974, as amend-
ed: Provided, That such costs, including the cost of modi-
fying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That
these funds are available to subsidize total loan principal,
any part of which is to be guaranteed, not to exceed
$34,615,000.
In addition, for administrative expenses to carry out
the guaranteed loan programs, $500,000.
ADMINISTRATIVE PROVISIONS
Appropriations for the Bureau of Indian Affairs (ex-
cept the revolving fund for loans, the Indian loan guaran-
tee and insurance fund, the Technical Assistance of Indian
Enterprises account, the Indian Direct Loan Program ac-
count, and the Indian Guaranteed Loan Program account)
shall be available for expenses of exhibits, and purchase
HR 2107 RS
of not to exceed 229 passenger motor vehicles, of which
not to exceed 187 shall be for replacement only.
Notwithstanding any other provision of law, no funds
available to the Bureau of Indian Affairs for central office
operations or pooled overhead general administration shall
be available for tribal contracts, grants, compacts, or coop-
erative agreements with the Bureau of Indian Affairs
under the provisions of the Indian Self-Determination Act
or the Tribal Self-Governance Act of 1994 (Public Law
103–413).
DEPARTMENTAL OFFICES
INSULAR AFFAIRS
ASSISTANCE TO TERRITORIES
For expenses necessary for assistance to territories
under the jurisdiction of the Department of the Interior,
$68,214,000
$67,214,000, of which (1) $64,365,000
$63,365,000 shall be available until expended for technical
assistance, including maintenance assistance, disaster as-
sistance, insular management controls, and brown tree
snake control and research; grants to the judiciary in
American Samoa for compensation and expenses, as au-
thorized by law (48 U.S.C. 1661(c)); grants to the Govern-
ment of American Samoa, in addition to current local rev-
enues, for construction and support of governmental func-
tions; grants to the Government of the Virgin Islands as
HR 2107 RS
authorized by law; grants to the Government of Guam,
as authorized by law; and grants to the Government of
the Northern Mariana Islands as authorized by law (Pub-
lic Law 94–241; 90 Stat. 272); and (2) $3,849,000 shall
be available for salaries and expenses of the Office of Insu-
lar Affairs: Provided, That all financial transactions of the
territorial and local governments herein provided for, in-
cluding such transactions of all agencies or instrumental-
ities established or utilized by such governments, may be
audited by the General Accounting Office, at its discre-
tion, in accordance with chapter 35 of title 31, United
States Code: Provided further, That Northern Mariana Is-
lands Covenant grant funding shall be provided according
to those terms of the Agreement of the Special Represent-
atives on Future United States Financial Assistance for
the Northern Mariana Islands approved by Public Law
99–396, or any subsequent legislation related to Common-
wealth of the Northern Mariana Islands grant funding:
Provided further, That of the amounts provided for tech-
nical assistance, sufficient funding shall be made available
for a grant to the Close Up Foundation: Provided further,
That the funds for the program of operations and mainte-
nance improvement are appropriated to institutionalize
routine operations and maintenance improvement of cap-
ital infrastructure in American Samoa, Guam, the Virgin
HR 2107 RS
Islands, the Commonwealth of the Northern Mariana Is-
lands, the Republic of Palau, the Republic of the Marshall
Islands, and the Federated States of Micronesia through
assessments of long-range operations maintenance needs,
improved capability of local operations and maintenance
institutions and agencies (including management and vo-
cational education training), and project-specific mainte-
nance (with territorial participation and cost sharing to
be determined by the Secretary based on the individual
territory’s commitment to timely maintenance of its cap-
ital 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 Emergency Assistance Act (42 U.S.C. 5170c).
COMPACT OF FREE ASSOCIATION
For economic assistance and necessary expenses for
the Federated States of Micronesia and the Republic of
the Marshall Islands as provided for in sections 122, 221,
223, 232, and 233 of the Compact of Free Association,
and for economic assistance and necessary expenses for
the Republic of Palau as provided for in sections 122, 221,
223, 232, and 233 of the Compact of Free Association,
$20,445,000 $20,545,000, to remain available until ex-
HR 2107 RS
pended, as authorized by Public Law 99–239 and Public
Law 99–658.
DEPARTMENTAL MANAGEMENT
SALARIES AND EXPENSES
For necessary expenses for management of the De-
partment of the Interior, $58,286,000, of which not to ex-
ceed $8,500 may be for official reception and representa-
tion expenses, and of which up to $1,200,000 shall be
available for workers compensation payments and unem-
ployment compensation payments associated with the or-
derly closure of the United States Bureau of Mines.
OFFICE OF THE SOLICITOR
SALARIES AND EXPENSES
For necessary expenses of the Office of the Solicitor,
$35,443,000.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
For necessary expenses of the Office of Inspector
General, $24,439,000 $24,500,000.
NATIONAL INDIAN GAMING COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the National Indian Gam-
ing Commission, pursuant
to
Public
Law 100–497,
$1,000,000.
HR 2107 RS
For necessary expenses of the National Indian Gaming
Commission, pursuant to Public Law 100–497, $1,000,000,
to remain available until expended.
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, $32,126,000 $35,689,000, to remain available
until expended for trust funds management: Provided,
That funds for trust management improvements may be
transferred to the Bureau of Indian Affairs: Provided fur-
ther, That funds made available to tribes and tribal orga-
nizations through contracts or grants obligated during fis-
cal year 1998, as authorized by the Indian Self-Deter-
mination Act of 1975 (25 U.S.C. 450 et seq.), shall re-
main available until expended by the contractor or grant-
ee: Provided further, That notwithstanding any other pro-
vision of law, the statute of limitations shall not commence
to run on any claim, including any claim in litigation pend-
ing on the date of this Act, concerning losses to or mis-
management of trust funds, until the affected tribe or in-
dividual Indian has been furnished with an accounting of
such funds from which the beneficiary can determine
whether there has been a loss.
HR 2107 RS
ADMINISTRATIVE PROVISIONS
There is hereby authorized for acquisition from avail-
able resources within the Working Capital Fund, 15 air-
craft, 10 of which shall be for replacement and which may
be obtained by donation, purchase or through available ex-
cess surplus property: Provided, That notwithstanding any
other provision of law, existing aircraft being replaced may
be sold, with proceeds derived or trade-in value used to
offset the purchase price for the replacement aircraft: Pro-
vided further, That no programs funded with appropriated
funds in the ‘‘Departmental Management’’, ‘‘Office of the
Solicitor’’, and ‘‘Office of Inspector General’’ may be aug-
mented through the Working Capital Fund or the Consoli-
dated Working Fund.
GENERAL PROVISIONS, DEPARTMENT OF THE
INTERIOR
SEC. 101. Appropriations made in this title shall be
available for expenditure or transfer (within each bureau
or office), with the approval of the Secretary, for the emer-
gency reconstruction, replacement, or repair of aircraft,
buildings, utilities, or other facilities or equipment dam-
aged or destroyed by fire, flood, storm, or other unavoid-
able causes: Provided, That no funds shall be made avail-
able under this authority until funds specifically made
available to the Department of the Interior for emer-
HR 2107 RS
gencies shall have been exhausted: Provided further, That
all funds used pursuant to this section are hereby des-
ignated by Congress to be ‘‘emergency requirements’’ pur-
suant to section 251(b)(2)(D) of the Balanced Budget and
Emergency Deficit Control Act of 1985, and must be re-
plenished by a supplemental appropriation which must be
requested as promptly as possible.
SEC. 102. The Secretary may authorize the expendi-
ture or transfer of any no year appropriation in this title,
in addition to the amounts included in the budget pro-
grams of the several agencies, for the suppression or emer-
gency prevention of forest or range fires on or threatening
lands under the jurisdiction of the Department of the Inte-
rior; for the emergency rehabilitation of burned-over lands
under its jurisdiction; for emergency actions related to po-
tential or actual earthquakes, floods, volcanoes, storms, or
other unavoidable causes; for contingency planning subse-
quent to actual oilspills; response and natural resource
damage assessment activities related to actual oilspills; for
the prevention, suppression, and control of actual or po-
tential grasshopper and Mormon cricket outbreaks on
lands under the jurisdiction of the Secretary, pursuant to
the authority in section 1773(b) of Public Law 99–198
(99 Stat. 1658); for emergency reclamation projects under
section 410 of Public Law 95–87; and shall transfer, from
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any no year funds available to the Office of Surface Min-
ing Reclamation and Enforcement, such funds as may be
necessary to permit assumption of regulatory authority in
the event a primacy State is not carrying out the regu-
latory provisions of the Surface Mining Act: Provided,
That appropriations made in this title for fire suppression
purposes shall be available for the payment of obligations
incurred during the preceding fiscal year, and for reim-
bursement to other Federal agencies for destruction of ve-
hicles, aircraft, or other equipment in connection with
their use for fire suppression purposes, such reimburse-
ment to be credited to appropriations currently available
at the time of receipt thereof: Provided further, That for
emergency rehabilitation and wildfire suppression activi-
ties, no funds shall be made available under this authority
until funds appropriated to ‘‘Wildland Fire Management’’
shall have been exhausted: Provided further, That all funds
used pursuant to this section are hereby designated by
Congress to be ‘‘emergency requirements’’ pursuant to
section 251(b)(2)(D) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985, and must be replen-
ished by a supplemental appropriation which must be re-
quested as promptly as possible: Provided further, That
such replenishment funds shall be used to reimburse, on
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a pro rata basis, accounts from which emergency funds
were transferred.
SEC. 103. Appropriations made in this title shall be
available for operation of warehouses, garages, shops, and
similar facilities, wherever consolidation of activities will
contribute to efficiency or economy, and said appropria-
tions shall be reimbursed for services rendered to any
other activity in the same manner as authorized by sec-
tions 1535 and 1536 of title 31, United States Code: Pro-
vided, That reimbursements for costs and supplies, mate-
rials, equipment, and for services rendered may be cred-
ited to the appropriation current at the time such reim-
bursements are received.
SEC. 104. Appropriations made to the Department
of the Interior in this title shall be available for services
as authorized by 5 U.S.C. 3109, when authorized by the
Secretary, in total amount not to exceed $500,000; hire,
maintenance, and operation of aircraft; hire of passenger
motor vehicles; purchase of reprints; payment for tele-
phone service in private residences in the field, when au-
thorized under regulations approved by the Secretary; and
the payment of dues, when authorized by the Secretary,
for library membership in societies or associations which
issue publications to members only or at a price to mem-
bers lower than to subscribers who are not members.
HR 2107 RS
SEC. 105. Appropriations available to the Depart-
ment of the Interior for salaries and expenses shall be
available for uniforms or allowances therefor, as author-
ized by law (5 U.S.C. 5901–5902 and D.C. Code 4–204).
SEC. 106. Appropriations made in this title shall be
available for obligation in connection with contracts issued
for services or rentals for periods not in excess of twelve
months beginning at any time during the fiscal year.
SEC. 107. No final rule or regulation of any agency
of the Federal Government pertaining to the recognition,
management, or validity of a right-of-way pursuant to Re-
vised Statute 2477 (43 U.S.C. 932) shall take effect un-
less expressly authorized by an Act of Congress subse-
quent to the date of enactment of this Act.
SEC. 108. No funds provided in this title may be ex-
pended by the Department of the Interior for the conduct
of offshore leasing and related activities placed under re-
striction in the President’s moratorium statement of June
26, 1990, in the areas of Northern, Central, and Southern
California; the North Atlantic; Washington and Oregon;
and the Eastern Gulf of Mexico south of 26 degrees north
latitude and east of 86 degrees west longitude.
SEC. 109. No funds provided in this title may be ex-
pended by the Department of the Interior for the conduct
of leasing, or the approval or permitting of any drilling
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or other exploration activity, offshore oil and natural gas
preleasing, leasing, and related activities on lands within
the North Aleutian Basin planning area.
SEC. 110. No funds provided in this title may be ex-
pended by the Department of the Interior to conduct off-
shore oil and natural gas preleasing, leasing and related
activities in the Eastern Gulf of Mexico planning area for
any lands located outside Sale 181, as identified in the
final Outer Continental Shelf 5-Year Oil and Gas Leasing
Program, 1997–2002.
SEC. 111. No funds provided in this title may be ex-
pended by the Department of the Interior to conduct oil
and natural gas preleasing, leasing and related activities
in the Mid-Atlantic and South Atlantic planning areas.
SEC. 112. Advance payments made under this title
to Indian tribes, tribal organizations, and tribal consortia
pursuant to the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450, et seq.) may be invested
by the Indian tribe, tribal organization, or consortium be-
fore such funds are expended for the purposes of the
grant, compact, or annual funding agreement so long as
such funds are—
(a) invested by the Indian tribe, tribal organiza-
tion, or consortium only in obligations of the United
HR 2107 RS
States or in obligations or securities that are guar-
anteed or insured by the United States, or
(b) deposited only into accounts that are in-
sured by an agency or instrumentality of the United
States.
SEC. 112. Advance payments made under this title to
Indian tribes, tribal organizations, and tribal consortia
pursuant to the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450, et seq.) may be invested by
the Indian tribe, tribal organization, or consortium before
such funds are expended for the purposes of the grant, com-
pact, or annual funding agreement so long as such funds
are—
(a) invested by the Indian tribe, tribal organiza-
tion, or consortium only in obligations of the United
States, or in obligations or securities that are guaran-
teed or insured by the United States, or mutual (or
other) funds registered with the Securities and Ex-
change Commission and which only invest in obliga-
tions of the United States or securities that are guar-
anteed or insured by the United States, or
(b) deposited only into accounts that are insured
by an agency or instrumentality of the United States,
or are fully collateralized to ensure protection of the
Funds, even in the event of a bank failure.
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SEC. 113. (a) Employees of Helium Operations, Bu-
reau of Land Management, entitled to severance pay
under 5 U.S.C. 5595, may apply for, and the Secretary
of the Interior may pay the total amount of the severance
pay to the employee in a lump sum. Employees paid sever-
ance pay in a lump sum and subsequently reemployed by
the Federal government shall be subject to the repayment
provisions of 5 U.S.C. 5595(i)(2) and (3), except that any
repayment shall be made to the Helium Fund.
(b) Helium Operations employees who elect to con-
tinue health benefits after separation shall be liable for
not more than the required employee contribution under
5 U.S.C. 8905a(d)(1)(A). The Helium Fund shall pay for
18 months the remaining portion of required contribu-
tions.
(c) Benefits under this section shall be available to
Helium Operations employees who are or will be involun-
tarily separated before October 1, 2002 because of the ces-
sation of helium production and sales and other related
activities.
SEC. 113. (a) Employees of Helium Operations, Bu-
reau of Land Management, entitled to severance pay under
5 U.S.C. 5595, may apply for, and the Secretary of the
Interior may pay, the total amount of the severance pay
to the employee in a lump sum. Employees paid severance
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pay in a lump sum and subsequently reemployed by the
Federal Government shall be subject to the repayment provi-
sions of 5 U.S.C. 5595(i) (2) and (3), except that any re-
payment shall be made to the Helium Fund.
(b) Helium Operations employees who elect to continue
health benefits after separation shall be liable for not more
than the required employee contribution under 5 U.S.C.
8905a(d)(1)(A). The Helium Fund shall pay for 18 months
the remaining portion of required contributions.
(c) The Secretary of the Interior may provide for
training to assist Helium Operations employees in the tran-
sition to other Federal or private sector jobs during the fa-
cility shut-down and disposition process and for up to 12
months following separation from Federal employment, in-
cluding retraining and relocation incentives on the same
terms and conditions as authorized for employees of the De-
partment of Defense in section 348 of the National Defense
Authorization Act for Fiscal Year 1995.
(d) For purposes of the annual leave restoration provi-
sions of 5 U.S.C. 6304(d)(1)(B), the cessation of helium pro-
duction and sales, and other related Helium Program ac-
tivities shall be deemed to create an exigency of public busi-
ness under, and annual leave that is lost during leave years
1997 through 2001 because of, 5 U.S.C. 6304 (regardless
of whether such leave was scheduled in advance) shall be
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restored to the employee and shall be credited and available
in accordance with 5 U.S.C. 6304(d)(2). Annual leave so
restored and remaining unused upon the transfer of a He-
lium Program employee to a position of the executive
branch outside of the Helium Program shall be liquidated
by payment to the employee of a lump-sum from the He-
lium Fund for such leave.
(e) Benefits under this section shall be paid from the
Helium Fund in accordance with section 4(c)(4) of the He-
lium Privatization Act of 1996. Funds may be made avail-
able to Helium Program employees who are or will be sepa-
rated before October 1, 2002 because of the cessation of he-
lium production and sales and other related activities. Re-
training benefits, including retraining and relocation in-
centives, may be paid for retraining commencing on or be-
fore September 30, 2002.
SEC. 114. None of the funds in this or previous ap-
propriations Acts may be used to establish a new regional
office in the United States Fish and Wildlife Service with-
out the advance approval of the House and Senate Com-
mittees on Appropriations.
SEC. 115. (a) CONVEYANCE REQUIREMENT.—Within
90 days after the date of enactment of this Act, the Sec-
retary of the Interior shall convey to the State of West Vir-
ginia without reimbursement, all right, title, and interest
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of the United States in and to the property described in
subsection (b), for sole use by the Wildlife Resources Section
of the West Virginia Division of Natural Resources, as part
of the State of West Virginia fish culture program.
(b) PROPERTY DESCRIBED.—The property referred to
in subsection (a) is the property known as the Bowden Na-
tional Fish Hatchery, located on old United States route
33, Randolph County, West Virginia, consisting of 44 acres
(more or less), and all improvements and related personal
property under the control of the Secretary that is located
on that property, including buildings, structures, equip-
ment, and all easements, leases, and water rights relating
to that property.
(c) USE AND REVERSIONARY INTEREST.—The prop-
erty conveyed to the State of West Virginia pursuant to this
section shall be used and operated solely by the Wildlife Re-
sources Section of the West Virginia Division of Natural
Resources for the purposes of fishery resources management
and fisheries related activities, and if it is used for any
other purposes or by any other party other than the use
authorized under subsection (a), all right, title, and interest
in and to all property conveyed under this section shall re-
vert to the United States. The State of West Virginia shall
ensure that the property reverting to the United States is
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in substantially the same or better condition as at the time
of transfer.
SEC. 116. Section 115 of Public Law 103–332 is
amended by inserting after the word ‘‘title’’ the following:
‘‘or provided from other Federal agencies through reimburs-
able or other agreements pursuant to the Economy Act’’.
SEC. 117. The third proviso under the heading ‘‘Com-
pact of Free Association’’ of Public Law 100–446 is amend-
ed by striking ‘‘$2,000,000’’ and inserting ‘‘$2,500,000’’
and by adding at the end of the proviso the following: ‘‘and
commencing on October 1, 1998 and every year thereafter,
this dollar amount shall be changed to reflect any fluctua-
tion occurring during the previous twelve (12) months in
the Consumer Price Index, as determined by the Secretary
of Labor.’’
SEC. 118. (a) No funds available in this Act or any
other Act for tribal priority allocations (hereinafter in this
section ‘‘TPA’’) in excess of the funds expended for TPA
in fiscal year 1997 (adjusted for fixed costs and internal
transfers pursuant to other law) may be allocated or ex-
pended by the Bureau of Indian Affairs (hereinafter in this
section ‘‘BIA’’) until sixty days after the BIA has submitted
to the Committee on Appropriations of the Senate and the
Committee on Appropriations of the House of Representa-
tives the report required under subsection (b).
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(b) The BIA is directed to develop a formula through
which TPA funds will be allocated on the basis of need, tak-
ing into account each tribe’s tribal business revenues from
all business ventures, including gaming. The BIA shall sub-
mit to the Congress its recommendations for need-based dis-
tribution formulas for TPA funds prior to January 1, 1998.
Such recommendations shall include several proposed for-
mulas, which shall provide alternative means of measuring
the wealth and needs of tribes.
(c) Notwithstanding any other provision of law, the
BIA is hereby authorized to collect such financial and sup-
porting information as is necessary from each tribe receiv-
ing or seeking to receive TPA funding to determine such
tribe’s tribal business revenue from business ventures, in-
cluding gaming, for use in determining such tribe’s wealth
and needs for the purposes of this section. The BIA shall
obtain such information on the previous calendar or fiscal
year’s business revenues no later than April 15th of each
year. For purposes of preparing its recommendations under
subsection (b), the BIA shall require each tribe that received
TPA funds in fiscal year 1997 to submit such information
by November 1, 1997.
(d) At the request of a tribe, the BIA shall provide
such technical assistance as is necessary to foster the tribe’s
compliance with subsection (c). Any tribe which does not
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comply with subsection (c) in any given year will be ineli-
gible to receive TPA funds for the following fiscal year, as
such tribe’s relative need cannot be determined.
(e) For the purposes of this section, the term ‘‘tribal
business revenue’’ means income, however derived, from any
venture (regardless of the nature or purpose of the activity)
owned, held, or operated, in whole or in part, by any entity
(whether corporate, partnership, sole proprietorship, trust,
or cooperative in nature) on behalf of the collective members
of any tribe that has received or seeks to receive TPA, and
any income from license fees and royalties collected by any
such tribe. Payments by corporations to shareholders who
are shareholders based on stock ownership, not tribal mem-
bership, will not be considered tribal business revenue under
this section unless the corporation is operated by a tribe.
(f) Notwithstanding any provision of this Act or any
other Act hereinafter enacted, no funds may be allocated
or expended by any agency of the Federal Government for
TPA after October 1, 1998 except in accordance with a
needs-based funding formula that takes into account all
tribal business revenues, including gaming, of each tribe re-
ceiving TPA funds.
SEC. 119. Section 116 of the Omnibus Appropriations
Act for Fiscal Year 1997 (Public Law 104–208; 110 Stat.
3009–201) is amended—
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(1) by striking ‘‘Miners Hospital Grant’’ each
place it appears and inserting in lieu thereof ‘‘Miners
Hospital Grants’’;
(2) by striking ‘‘(February 20, 1929, 45 Stat.
1252)’’ each place it appears and inserting in lieu
thereof ‘‘(July 16, 1894, 28 Stat. 110 and February
20, 1929, 45 Stat. 1252)’’; and
(3) by striking ‘‘(July 26, 1894, 28 Stat. 110)’’
each place it appears and inserting in lieu thereof
‘‘(July 16, 1894, 28 Stat. 110)’’.
TRIBAL PRIORITY ALLOCATION LIMITATION
SEC. 120. The receipt by an Indian Tribe of tribal pri-
ority allocations funding from the Bureau of Indian Affairs
‘‘Operation of Indian Programs’’ account under this Act
shall—
(1) waive any claim of immunity by that Indian
tribe;
(2) subject that Indian tribe to the jurisdiction
of the courts of the United States, and grant the con-
sent of the United States to the maintenance of suit
and jurisdiction of such courts irrespective of the
issue of tribal immunity; and
(3) grant United States district courts original
jurisdiction of all civil actions brought by or against
any Indian tribe or band with a governing body duly
recognized by the Secretary of the Interior, wherein
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the matter in controversy arises under the Constitu-
tion, laws, or treaties of the United States.
SEC. 121. KANTISHNA MINING CLAIMS.—Notwith-
standing any other provision of law, on October 1, 1998,
there is hereby vested in the United States all right, title,
and interest in and to, and the right of immediate posses-
sion of, all patented mining claims and valid unpatented
mining claims (including any unpatented claim whose va-
lidity is in dispute, so long as such validity is later estab-
lished in a settlement or judgement pursuant to this section)
in the Kantishna Mining District within Denali National
Park and Preserve whose owners consent in writing to this
action within said 120 day period: Provided, That in the
event a bankruptcy trustee is an owner in interest in a min-
ing claim in the Kantishna Mining District, that consent
will be deemed timely for purposes of this section if the
trustee applies within said 120 day period to the bank-
ruptcy court for authority to sell the mining claim and to
consent to the taking of such claim, and that in such event
title shall vest in the United States 10 days after entry of
an unstayed order or judgement approving the trustee’s ap-
plication: Provided further, That the United States shall
pay just compensation to the owners of any property taken
pursuant to this section, determined as of the date of taking:
Provided further, That payment shall be in the amount of
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a negotiated settlement of the value of such property or the
valuation of such property awarded by judgment and shall
be made solely from the permanent judgment appropriation
established pursuant to section 1304 of title 31, United
States Code, and shall include accrued interest on the
amount of the agreed settlement value or the final judgment
from the date of taking to the date of payment, calculated
in accordance with section 258e–1 of title 40, United States
Code, except that interest shall not be allowed on such
amounts as shall have been paid into the court registry:
Provided further, That the United States or the property
owner may initiate proceedings at any time after said 120
day period seeking a determination of just compensation
in the District Court for the District of Alaska pursuant
to sections 1358 and 1403 of title 28, United States Code:
Provided further, That the United States shall deposit in
the registry of the court the estimated just compensation,
or at least seventy-five percent thereof, in accordance with
the procedures generally described in section 258a of title
40, United States Code not otherwise inconsistent with this
section: Provided further, That in establishing any estimate
(other than an estimate based on an agency-certified ap-
praisal made prior to the date of enactment of this Act)
the Secretary of the Interior shall permit the property
owner to present evidence of the value of the property, in-
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cluding potential mineral value, and shall consider such
evidence and permit the property owner to have a reason-
able and sufficient opportunity to comment on such esti-
mate: Provided further, That the estimated just compensa-
tion or part thereof deposited in the court registry shall be
paid to the property owner upon request: Provided further,
That any payment from the court registry to the property
owner shall be deducted from any negotiated settlement or
award by judgement: Provided further, That the United
States may not request the court to withhold any payment
from the court registry or pursue any claim for environ-
mental remediation with respect to such property until 30
days after a negotiated settlement or award by judgement
with respect to such property has been reached and payment
has been made: Provided further, That the Secretary shall
not allow any unauthorized use of property acquired pursu-
ant to this section after the date of taking, and the Secretary
shall permit the orderly termination of all operation on the
lands and the removal of equipment, facilities, and personal
property.
SEC. 122. Section 1034 of Public Law 104–333 (110
Stat. 4093, 4240) is amended by striking ‘‘at any time
within 12 months of enactment of this Act’’ and inserting
in lieu thereof ‘‘on or before October 1, 1998’’.
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SEC. 123. (a) KODIAK LAND VALUATION.—Notwith-
standing the Refuge Revenue Sharing Act (16 U.S.C. 715s)
or any regulations implementing such Act, the fair market
value for the initial computation of the payment to Kodiak
Island Borough pursuant to such Act shall be based on the
purchase price of the parcels acquired from Akhiok-
Kaguyak, Incorporated, Koniag, Incorporated, and the Old
Harbor Native Corporation for addition to the Kodiak Na-
tional Wildlife Refuge.
(b) The fair market value of the parcels described in
subsection (a) shall be reappraised under the normal sched-
ule for appraisals adopted by the Alaska Region of the Unit-
ed States Fish and Wildlife Service under the Refuge Reve-
nue Sharing Act (16 U.S.C. 715s). Any such reappraisals
shall be made in accordance with such Act and any other
applicable law or regulation.
(c) The fair market value computation required under
subsection (a) shall be effective as of the date of the acquisi-
tion of the parcels described in such subsection.
SEC. 124. (a) ANDROSCOGGIN RIVER VALLEY HERIT-
AGE AREA ACT—SHORT TITLE.—This Act may be cited as
the ‘‘Androscoggin River Valley Heritage Area Act’’.
(b) PURPOSE.—The purpose of this Act is to establish
a locally oriented commission to assist the city of Berlin,
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New Hampshire, in identifying and studying the
Androscoggin River Valley’s historical and cultural assets.
(c) ESTABLISHMENT OF COMMISSION.—There is estab-
lished the Androscoggin River Valley Heritage Commission
(referred to in this Act as the ‘‘Commission’’), which shall
consist of 10 members appointed not later than 3 months
after the date of enactment of this Act, as follows:
(1) 1 member appointed by the Governor of New
Hampshire, who shall serve as Chairperson.
(2) 1 member appointed by the Speaker of the
House of Representatives of the State of New Hamp-
shire.
(3) 1 member appointed by the President of the
Senate of the State of New Hampshire.
(4) 2 members appointed by the Secretary of the
Interior from among individuals recommended by
State and local cultural or historic preservation orga-
nizations.
(5) 1 member, appointed by the Secretary of the
Interior, who has experience in the area of historical
projects.
(6) 4 members appointed by the mayor of the
city of Berlin, New Hampshire.
(d) VOTING.—The Commission shall act and advise by
affirmative vote of a majority of its members.
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(e) COMPENSATION.—
(1) IN GENERAL.—A member of the Commission
shall receive no pay on account of the member’s serv-
ice on the Commission.
(2) TRAVEL EXPENSES.—A member of the Com-
mission, while away from the member’s home or regu-
lar place of business in the performance of services for
the Commission, shall be allowed travel expenses, in-
cluding per diem in lieu of subsistence, in the same
manner as persons employed intermittently in Gov-
ernment service are allowed expenses under section
5703 of title 5, United States Code.
(f) EXEMPTION FROM CHARTER RENEWAL REQUIRE-
MENTS.—Section 14(b) of the Federal Advisory Committee
Act (5 U.S.C. App.) shall not apply to the Commission.
(g) TERMINATION.—The Commission shall terminate
on submission of a report under section 4(b).
(h) SUPPORT.—
(1) STAFF AND TECHNICAL SERVICES.—The Di-
rector of the National Park Service may provide such
staff support and technical services as are necessary
to carry out the functions of the Commission.
(2) COMPLETION OF STUDY.—The Secretary of
the Interior may provide the Commission such tech-
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nical and other assistance as is necessary to complete
the study described in subsection (j).
(i) OPEN MEETINGS.—All meetings of the Commission
shall be open to the public.
(j) STUDY.—
(1) IN GENERAL.—Not later than 1 year after
the completion of appointment of the members of the
Commission, the Commission shall complete a com-
prehensive study of the Androscoggin River Valley’s
history and culture in New Hampshire, which shall—
(A) include a catalog of all available his-
torically and culturally significant sites, build-
ings, and areas in the region;
(B) examine the feasibility of any Federal
or State historic recognition in the region;
(C) include a set of options for the city of
Berlin, New Hampshire, to pursue with respect
to heritage-based development, including a list of
available Federal, State, and private programs
that would further any such efforts; and
(D) account for the impacts of any heritage-
based development on State, municipal, and pri-
vate property.
(2) REPORT.—The Commission shall provide
Congress, the Secretary of the Interior, and the State