IIA
105TH CONGRESS
1ST SESSION
H. R. 2107
IN THE SENATE OF THE UNITED STATES
JULY 16, 1997
Received; read twice and referred to the Committee on Appropriations
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, to remain 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 de-
rived from the special receipt account established 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 to a match by at least
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an equal amount by the National Fish and Wildlife Foun-
dation, to such Foundation for challenge cost share
projects supporting fish and wildlife conservation affecting
Bureau lands; in addition, $27,300,000 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; 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, to remain available until expended, of
which not to exceed $5,025,000 shall be for the renovation
or construction of fire facilities: Provided, That such funds
are also available for repayment of advances to other ap-
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propriation accounts from which funds were previously
transferred for such purposes: Provided further, That per-
sons 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, to remain available until ex-
pended: 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 response activi-
ties 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 appropria-
tion: 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 otherwise
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, to re-
main 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, of which not to exceed $400,000 shall be
available for administrative expenses: Provided, That no
payment shall be made to otherwise eligible 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, 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).
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
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.
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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
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
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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-
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-
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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;
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, to remain available until September 30,
1999, of which $11,612,000 shall remain available until
expended for operation and maintenance of fishery mitiga-
tion facilities constructed by the Corps of Engineers under
the Lower Snake River Compensation Plan, authorized by
the Water Resources Development Act of 1976, to com-
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pensate for loss of fishery resources from water develop-
ment projects on the Lower Snake River, and of which
not less than $2,000,000 shall be provided to local govern-
ments 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 imple-
menting subsections (a), (b), (c), and (e) of section 4 of
the Endangered Species Act of 1973, as amended.
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, to remain available until ex-
pended.
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, to remain available
until expended: Provided, That under this heading in Pub-
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lic Law 104–134, strike ‘‘in fiscal year 1996 and there-
after’’ in the proviso and insert ‘‘heretofore and here-
after’’, and before the phrase, ‘‘or properties shall be uti-
lized’’ in such proviso, insert ‘‘, to remain available until
expended,’’.
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, 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.
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, to remain avail-
able 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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Policy Act of 1992, Public Law 102–496 (42 U.S.C.
8287).
DEPARTMENT OF HEALTH AND HUMAN
SERVICES
INDIAN HEALTH SERVICE
INDIAN HEALTH SERVICES
For expenses necessary to carry out the Act of Au-
gust 5, 1954 (68 Stat. 674), the Indian Self-Determina-
tion Act, the Indian Health Care Improvement Act, and
titles II and III of the Public Health Service Act with re-
spect to the Indian Health Service, $1,829,008,000, to-
gether with payments received during the fiscal year pur-
suant to 42 U.S.C. 238(b) for services furnished by the
Indian Health Service: Provided, That funds made avail-
able to tribes and tribal organizations through contracts,
grant agreements, or any other agreements or compacts
authorized by the Indian Self-Determination and Edu-
cation Assistance Act of 1975 (25 U.S.C. 450), shall be
deemed to be obligated at the time of the grant or contract
award and thereafter shall remain available to the tribe
or tribal organization without fiscal year limitation: Pro-
vided further, That $12,000,000 shall remain available
until expended, for the Indian Catastrophic Health Emer-
gency Fund: Provided further, That $359,348,000 for con-
tract medical care shall remain available for obligation