H. R. 1977—52
under such section 2001(k) and numerators of the total revenues
received from such sales on lands within the National Forest System
and the total revenues received from such sales on lands adminis-
tered by the Bureau of Land Management, respectively: Provided,
That revenues or portions thereof from sales released under such
section 2001(k), minus the amounts necessary for State and local
government payments and other necessary deposits, may be depos-
ited into the Funds immediately upon receipt thereof and subse-
quently 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.
(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, without fiscal
year limitation or further appropriation, for preparation of tim-
ber 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 National 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; and
(B) twenty-five percent shall be available, without fiscal
year limitation or further appropriation, to expend on the back-
log of recreation projects on lands within the National Forest
System and lands administered by the Bureau of Land Manage-
ment, respectively.
(2) Expenditures under this subsection for preparation of timber
sales may include expenditures for Forest Service activities within
the forest land management budget line item and associated timber
roads, and Bureau of Land Management activities within the
Oregon and California grant lands account and the forestry manage-
ment area account, as determined by the Secretary concerned.
(c) Revenues received from any timber sale prepared under
subsection (b) or under this subsection, minus the amounts nec-
essary for State and local government payments 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 addi-
tional recreation projects in accordance with the requirements set
forth in subsection (b).
(d) The Secretary concerned shall terminate all payments 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 Manage-
ment, respectively, have been prepared.
(e) Any timber sales prepared and recreation projects completed
under this section shall comply with all applicable environmental
and natural resource laws and regulations.
(f) The Secretary concerned shall report annually to the
Committees on Appropriations of the United States Senate and
H. R. 1977—53
the House of Representatives on expenditures made from the Fund
for timber sales and recreation projects, revenues received into
the Fund from timber sales, and timber sale preparation and recre-
ation project work undertaken during the previous year and pro-
jected for the next year under the Fund. Such information shall
be provided for each Forest Service region and Bureau of Land
Management State office.
(g) The authority of this section shall terminate upon the termi-
nation of both Funds in accordance with the provisions of subsection
(d).
SEC. 328. Of the funds provided to the National Endowment
for the Arts:
(a) The Chairperson shall only award a grant to an individ-
ual if such grant is awarded to such individual 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, except 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 direct grant recipient. Nothing in this sub-
section 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.
SEC. 329. DELAY IN IMPLEMENTATION OF THE ADMINISTRATION’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. None of the
funds made available under this or any other Act may be used
to publish proposed or enforce final regulations governing the
management of livestock grazing on lands administered by the
Forest Service until November 21, 1995.
SEC. 330. 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 damage exceeding
$10,000 to the property of any individual 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 inserting ‘‘20’’;
(3) in subsection (d), by—
(A) striking ‘‘and’’ at the end of paragraph (2);
(B) striking the period at the end of paragraph (3)
and inserting ‘‘; and’’; and
(C) adding at the end the following:
H. R. 1977—54
‘‘(4) the term ‘avoidance costs’ means costs incurred by
any individual for the purpose of—
‘‘(A) detecting a hazardous or injurious device; or
‘‘(B) preventing death, serious bodily injury, 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 citizenship of the parties, in such civil actions.
The court may award, in addition to monetary damages for any
injury resulting from an alleged violation of subsection (a), costs
of litigation, including reasonable attorney and expert witness fees,
to any prevailing or substantially prevailing party, whenever the
court determines such award is appropriate.’’.
SEC. 331. (a) PURPOSES OF NATIONAL ENDOWMENT FOR THE
ARTS.—Section 2 of the National Foundation on the Arts and the
Humanities Act of 1965, as amended (20 U.S.C. 951), sets out
findings and purposes for which the National Endowment for the
Arts was established, among which are—
(1) ‘‘The arts and humanities belong to all the people of
the United States’’;
(2) ‘‘The arts and humanities reflect the high place accorded
by the American people .
.
. to the fostering of mutual respect
for the diverse beliefs and values of all persons and groups’’;
(3) ‘‘Public funding of the arts and humanities is subject
to the conditions that traditionally govern the use of public
money [and] such funding should contribute to public support
and confidence in the use of taxpayer funds’’; and
(4) ‘‘Public funds provided by the Federal Government must
ultimately serve public purposes the Congress defines’’.
(b) ADDITIONAL CONGRESSIONAL FINDINGS.—Congress further
finds and declares that the use of scarce funds, which have been
taken from all taxpayers of the United States, to promote, dissemi-
nate, sponsor, or produce any material or performance that—
(1) denigrates the religious objects or religious beliefs of
the adherents of a particular religion, or
(2) depicts or describes, in a patently offensive way, sexual
or excretory activities or organs,
is contrary to the express purposes of the National Foundation
on the Arts and the Humanities Act of 1965, as amended.
(c) PROHIBITION ON FUNDING THAT IS NOT CONSISTENT WITH
THE PURPOSES OF THE ACT.—Notwithstanding any other provision
of law, none of the scarce funds which have been taken from
all taxpayers of the United States and made available under this
Act to the National Endowment for the Arts may be used to pro-
mote, disseminate, sponsor, or produce any material or performance
that—
(1) denigrates the religious objects or religious beliefs of
the adherents of a particular religion, or
(2) depicts or describes, in a patently offensive way, sexual
or excretory activities or organs,
and this prohibition shall be strictly applied without regard to
the content or viewpoint of the material or performance.
H. R. 1977—55
(d) SECTION NOT TO AFFECT OTHER WORKS.—Nothing in this
section shall be construed to affect in any way the freedom of
any artist or performer to create any material or performance
using funds which have not been made available under this Act
to the National Endowment for the Arts.
SEC. 332. For purposes related to the closure of the Bureau
of Mines, funds made available to the United States Geological
Survey, the United States Bureau of Mines, and the Bureau of
Land Management shall be available for transfer, with the approval
of the Secretary of the Interior, among the following accounts:
United States Geological Survey, Surveys, investigations, and
research; Bureau of Mines, Mines and minerals; and Bureau of
Land Management, Management of lands and resources. The Sec-
retary of Energy shall reimburse the Secretary of the Interior,
in an amount to be determined by the Director of the Office of
Management and Budget, for the expenses of the transferred func-
tions between October 1, 1995 and the effective date of the transfers
of function. Such transfers shall be subject to the reprogramming
guidelines of the House and Senate Committees on Appropriations.
SEC. 333. No funds appropriated under this or any other Act
shall be used to review or modify sourcing areas previously approved
under section 490(c)(3) of the Forest Resources Conservation and
Shortage Relief Act of 1990 (Public Law 101–382) or to enforce
or implement Federal regulations 36 CFR part 223 promulgated
on September 8, 1995. The regulations and interim rules in effect
prior to September 8, 1995 (36 CFR 223.48, 36 CFR 223.87, 36
CFR 223 Subpart D, 36 CFR 223 Subpart F, and 36 CFR 261.6)
shall remain in effect. The Secretary of Agriculture or the Secretary
of the Interior shall not adopt any policies concerning Public Law
101–382 or existing regulations that would restrain domestic
transportation or processing of timber from private lands or impose
additional accountability requirements on any timber. The Secretary
of Commerce shall extend until September 30, 1996, the order
issued under section 491(b)(2)(A) of Public Law 101–382 and shall
issue an order under section 491(b)(2)(B) of such law that will
be effective October 1, 1996.
SEC. 334. The National Park Service, in accordance with the
Memorandum of Agreement between the United States National
Park Service and the City of Vancouver dated November 4, 1994,
shall permit general aviation on its portion of Pearson Field in
Vancouver, Washington until the year 2022, during which time
a plan and method for transitioning from general aviation aircraft
to historic aircraft shall be completed; such transition to be accom-
plished by that date. This action shall not be construed to limit
the authority of the Federal Aviation Administration over air traffic
control or aviation activities at Pearson Field or limit operations
and airspace of Portland International Airport.
SEC. 335. The United States Forest Service approval of Alter-
native site 2 (ALT 2), issued on December 6, 1993, is hereby
authorized and approved and shall be deemed to be consistent
with, and permissible under, the terms of Public Law 100–696
(the Arizona-Idaho Conservation Act of 1988).
H. R. 1977—56
This Act may be cited as the ‘‘Department of the Interior
and Related Agencies Appropriations Act, 1996’’.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.