HR 3662 RS
(c)(1) The tribe of a Native village located with-
in the Cook Inlet region shall serve as the tribal au-
thority for the purpose of receiving funding and ad-
ministering Federal assistance and social service pro-
grams within the settled area associated with the vil-
lage, provided that Cook Inlet Region, Inc. shall serve
as the tribal authority for such purposes for all other
areas within the region and for the Municipality of
Anchorage. These village tribes and Cook Inlet Re-
gion, Inc. may delegate their or its tribal authority
to another tribe or tribal organization in the region.
For purposes of this subsection, ‘‘settled area’’ shall
mean that area containing the cluster of houses,
buildings, roads, and trails of the improved village
site.
(2) For those Alaska Natives residing within the
Cook Inlet region who are not enrolled to or otherwise
affiliated with a tribe, Cook Inlet Region, Inc. shall
serve as the tribal authority.
SEC. 122. ALASKA AVIATION HERITAGE.—
(a) FINDINGS.—The Congress finds that—
(1) the Department of the Interior’s Grum-
man Goose G21–A aircraft number N789 is to be
retired from several decades of active service in
the State of Alaska in 1996; and
HR 3662 RS
(2) the aircraft is of significant historic
value to the people of the State of Alaska.
(b) DONATION OF AIRCRAFT.—The Secretary of
the Interior shall transfer the Grumman Goose G21–
A aircraft number N789 to the Alaska Aviation Her-
itage Museum in Anchorage, Alaska, at no cost to the
museum, for permanent display.
SEC. 123. The Mesquite Lands Act of 1988 is amended
by adding the following at the end of section 3:
‘‘(d) FOURTH AREA.—(1) No later than ten years after
the date of enactment of this Act, the City of Mesquite shall
notify the Secretary as to which if any of the public lands
identified in paragraph (2) of this subsection the city wish-
es to purchase.
‘‘(2) For a period of twelve years after the date of en-
actment of this Act, the city shall have exclusive right to
purchase the following parcels of public lands:
‘‘Parcel A—East 1⁄2 Sec. 6, T. 13 S., R. 71 E.,
Mount Diablo Meridian; Sec. 5, T. 13 S., R. 71 E.,
Mount Diablo Meridian; West 1⁄2 Sec. 4, T. 13 S., R.
71 E, Mount Diablo Meridian; East 1⁄2, West 1⁄2 Sec.
4, T. 13 S., R. 71 E., Mount Diablo Meridian.
‘‘Parcel B—North 1⁄2 Sec. 7, T. 13 S., R. 71 E.,
Mount Diablo Meridian; South East 1⁄4 Sec. 12, T. 13
S., R. 70 E., Mount Diablo Meridian; East 1⁄2, North
HR 3662 RS
East 1⁄4 Sec. 12, T. 13 S., R. 70 E., Mount Diablo
Meridian; East 1⁄2, West 1⁄2 North East 1⁄4 Sec. 12,
T. 13 S., R. 70 E., Mount Diablo Meridian.
‘‘Parcel C—West 1⁄2 Sec. 6, T. 13 S., R. 71 E.,
Mount Diablo Meridian; Sec. 1, T. 13 S., R. 70 E.,
Mount Diablo Meridian; West 1⁄2, West 1⁄2, North
East 1⁄4 Sec. 12, T. 13 S., R. 70 E., Mount Diablo
Meridian; North West 1⁄4 Sec. 13, S., R. 70 E., Mount
Diablo Meridian; West 1⁄2 Sec. 12, T. 13 S., R. 70 E.,
Mount Diablo Meridian; East 1⁄2, South East 1⁄4, Sec.
11, T. 13 S., R. 70 E., Mount Diablo Meridian; East
1⁄2 North East 1⁄4, Sec. 14, T. 13 S., R. 70 E., Mount
Diablo Meridian.
‘‘Parcel D—South 1⁄2 Sec. 14, T. 13 S., R. 70 E.,
Mount Diablo Meridian; South West 1⁄4, Sec. 13, T.
13 S., R. 70 E., Mount Diablo Meridian; Portion of
section 23, North of Interstate 15, T. 13 S., R. 70 E.,
Mount Diablo Meridian; Portion of section 24, North
of Interstate 15, T. 13 S., R. 70 E., Mount Diablo
Meridian; Portion of section 26, North of Interstate
15, T. 13 S., R. 70 E., Mount Diablo Meridian.’’
SEC. 124. FATHER AULL SITE TRANSFER.
(a) This section may be cited as the ‘‘Father Aull Site
Transfer Act of 1996’’.
(b) FINDINGS.—Congress finds that—
HR 3662 RS
(1) the buildings and grounds developed by Fa-
ther Roger Aull located on public domain land near
Silver City, New Mexico, are historically significant
to the citizens of the community;
(2) vandalism at the site has become increas-
ingly destructive and frequent in recent years;
(3) because of the isolated location and the dis-
tance from other significant resources and agency fa-
cilities, the Bureau of Land Management has been
unable to devote sufficient resources to restore and
protect the site from further damage; and
(4) St. Vincent DePaul Parish in Silver City,
New Mexico, has indicated an interest in, and devel-
oped a sound proposal for the restoration of, the site,
such that the site could be permanently occupied and
used by the community.
(c) CONVEYANCE OF PROPERTY.—Subject to valid ex-
isting rights, all right, title and interest of the United States
in and to the land (including improvements on the land),
consisting of approximately 43.06 acres, located approxi-
mately 10 miles east of Silver City, New Mexico, and de-
scribed as follows: T. 17 S., R. 12 W., Section 30: Lot 13,
and Section 31: Lot 27 (as generally depicted on the map
dated July 1995) is hereby conveyed by operation of law
HR 3662 RS
to St. Vincent DePaul Parish in Silver City, New Mexico,
without consideration.
(d) RELEASE.—Upon the conveyance of any land or
interest in land identified in this section of St. Vincent
DePaul Parish, St. Vincent DePaul Parish shall assume
any liability for any claim relating to the land or interest
in the land arising after the date of the conveyance.
(e) MAP.—The map referred to in this section shall
be on file and available for public inspection in—
(1) the State of New Mexico Office of the Bureau
of Land Management, Santa Fe, New Mexico; and
(2) the Las Cruces District Office of the Bureau
of Land Management, Las Cruces, New Mexico.
TITLE II—RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
FOREST SERVICE
FOREST AND RANGELAND RESEARCH
For necessary expenses of forest and rangeland re-
search as authorized by law, $179,000,000 $180,200,000,
to remain available until September 30, 1998: Provided,
That unobligated and unexpended balances remaining in
this account at the end of fiscal year 1996 shall be merged
with and made a part of the fiscal year 1997 Forest and
Rangeland Research appropriation expended.
HR 3662 RS
STATE AND PRIVATE FORESTRY
For necessary expenses of cooperating with, and pro-
viding technical and financial assistance to States, Terri-
tories, possessions, and others and for forest pest manage-
ment activities, cooperative forestry and education and
land conservation activities, $148,884,000 $156,811,000 to
remain available until expended, as authorized by law.
NATIONAL FOREST SYSTEM
For necessary expenses of the Forest Service, not
otherwise provided for, for management, protection, im-
provement, and utilization of the National Forest System,
for ecosystem planning, inventory, and monitoring, and for
administrative expenses associated with the management
of funds provided under the heads ‘‘Forest and Rangeland
Research,’’ ‘‘State and Private Forestry,’’ ‘‘National For-
est System,’’ ‘‘Wildland Fire Management,’’ ‘‘Reconstruc-
tion and Construction,’’ and ‘‘Land Acquisition,’’
$1,259,057,000 (reduced by $1,000,000) $1,285,881,000
to remain available for obligation until September 30,
1998 expended, and including 50 60 per centum of all
monies received during the prior fiscal year as fees col-
lected under the Land and Water Conservation Fund Act
of 1965, as amended, in accordance with section 4 of the
Act (16 U.S.C. 4601–6a(i)): Provided, That unobligated
and unexpended balances in the National Forest System
HR 3662 RS
account at the end of fiscal year 1996, shall be merged
with and made a part of the fiscal year 1997 National
Forest System appropriation, and shall remain available
for obligation until September 30, 1998: Provided further,
That up to $5,000,000 of the funds provided herein for
road maintenance shall be available for the planned oblit-
eration of roads which are no longer needed.
WILDLAND FIRE MANAGEMENT
For necessary expenses for forest fire presuppression
activities on National Forest System lands, for emergency
fire suppression on or adjacent to such lands or other
lands under fire protection agreement, and for emergency
rehabilitation of burned over National Forest System
lands, $411,485,000, to remain available until expended:
Provided, That unexpended balances of amounts pre-
viously appropriated under any other headings for Forest
Service fire activities are transferred to and merged with
this appropriation and subject to the same terms and con-
ditions: Provided further, That such funds are available
for repayment of advances from other appropriations ac-
counts previously transferred for such purposes.
For an additional amount to cover necessary expenses
for emergency rehabilitation, presuppression due to emer-
gencies, and wildfire suppression activities of the Forest
Service, $250,000,000, to remain available until expended:
HR 3662 RS
Provided, That such funds are available for repayment of
advances from other accounts previously transferred for
such purposes.
In addition, to cover necessary expenses for emergency
rehabilitation, presuppression due to emergencies, and
wildfire suppression activities of the Forest Service,
$109,531,000, to remain available until expended: Pro-
vided, That these funds, or any portion thereof, shall be
available only to the extent that the President notifies the
Congress of his designation of any or all of these amounts
as emergency requirements under the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Pro-
vided further, That the entire amount is designated by Con-
gress as an emergency requirement pursuant to section
252(b)(2)(D)(I) of such Act: Provided further, That such
funds are available for repayment of advances from other
appropriations accounts previously transferred for such
purposes.
RECONSTRUCTION AND CONSTRUCTION
For necessary expenses of the Forest Service, not
otherwise provided for, $164,100,000 $172,167,000, to re-
main available until expended for construction, reconstruc-
tion and acquisition of buildings and other facilities, and
for construction, reconstruction and repair of forest roads
and trails by the Forest Service as authorized by 16
U.S.C. 532–538 and 23 U.S.C. 101 and 205: Provided,
HR 3662 RS
That not to exceed $50,000,000, to remain available until
expended, may be obligated for the construction of forest
roads by timber purchasers:–Provided further, That funds
appropriated under this head for the construction of the
Wayne National Forest Supervisor’s Office may be grant-
ed to the Ohio State Highway Patrol, Ohio State Depart-
ment of Transportation, as the Federal share of the cost
of construction of a new facility to be jointly occupied by
the Forest Service and the Ohio State Highway Patrol:
Provided further, That an agreed upon lease of space in
the new facility shall be provided to the Forest Service
without charge for the life of the building.
LAND ACQUISITION
For expenses necessary to carry out the provisions
of the Land and Water Conservation Fund Act of 1965,
as amended (16 U.S.C. 4601–4–11), including adminis-
trative expenses, and for acquisition of land or waters, or
interest therein, in accordance with statutory authority
applicable to the Forest Service, $30,000,000 $39,660,000,
to be derived from the Land and Water Conservation
Fund, to remain available until expended:–Provided, That
funding for specific land acquisitions are subject to the
approval of the House and Senate Committees on Appro-
priations.
HR 3662 RS
ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL
ACTS
For acquisition of lands within the exterior bound-
aries of the Cache, Uinta, and Wasatch National Forests,
Utah; the Toiyabe National Forest, Nevada; and the An-
geles, San Bernardino, Sequoia, and Cleveland National
Forests, California, as authorized by law, $1,069,000, to
be derived from forest receipts.
ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES
For acquisition of lands, such sums, to be derived
from funds deposited by State, county, or municipal gov-
ernments, public school districts, or other public school au-
thorities pursuant to the Act of December 4, 1967, as
amended (16 U.S.C. 484a), to remain available until ex-
pended.
RANGE BETTERMENT FUND
For necessary expenses of range rehabilitation, pro-
tection, and improvement, 50 per centum of all moneys
received during the prior fiscal year, as fees for grazing
domestic livestock on lands in National Forests in the six-
teen Western States, pursuant to section 401(b)(1) of
Public Law 94–579, as amended, to remain available until
expended, of which not to exceed 6 per centum shall be
available for administrative expenses associated with on-
HR 3662 RS
the-ground range rehabilitation, protection, and improve-
ments.
GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND
RANGELAND RESEARCH
For expenses authorized by 16 U.S.C. 1643(b),
$92,000, to remain available until expended, to be derived
from the fund established pursuant to the above Act.
ADMINISTRATIVE PROVISIONS, FOREST SERVICE
Appropriations to the Forest Service for the current
fiscal year shall be available for: (a) purchase of not to
exceed 159 passenger motor vehicles of which 14 will be
used primarily for law enforcement purposes and of which
149 shall be for replacement; acquisition of 10 passenger
motor vehicles from excess sources, and hire of such vehi-
cles; operation and maintenance of aircraft, the purchase
of not to exceed two for replacement only, and acquisition
of 20 aircraft from excess sources; notwithstanding other
provisions 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; (b) serv-
ices pursuant to 7 U.S.C. 2225, and not to exceed
$100,000 for employment under 5 U.S.C. 3109; (c) pur-
chase, erection, and alteration of buildings and other pub-
lic improvements (7 U.S.C. 2250); (d) acquisition of land,
waters, and interests therein, pursuant to 7 U.S.C. 428a;
HR 3662 RS
(e) for expenses pursuant to the Volunteers in the Na-
tional Forest Act of 1972 (16 U.S.C 558a, 558d, 558a
note); and (f) for debt collection contracts in accordance
with 31 U.S.C. 3718(c).
None of the funds made available under this Act shall
be obligated or expended to change the boundaries of any
region, to abolish any region, to move or close any regional
office for research, State and private forestry, or National
Forest System administration of the Forest Service, Depart-
ment of Agriculture, or to implement any reorganization,
‘‘reinvention’’ or other type of organizational restructuring
of the Forest Service, other than the relocation of the Re-
gional Office for Region 5 of the Forest Service from San
Francisco to excess military property at Mare Island,
Vallejo, California, without the consent of the House and
Senate Committees on Appropriations.
Any funds available to the Forest Service may be used
for retrofitting Mare Island facilities to accommodate the
relocation: Provided, That funds for the move must come
from funds otherwise available to Region 5: Provided fur-
ther, That any funds to be provided for such purposes shall
only be available upon approval of the House and Senate
Committees on Appropriations.
Any appropriations or funds available to the Forest
Service may be advanced to the Wildland Fire Manage-
HR 3662 RS
ment appropriation and may be used for forest firefighting
and the emergency rehabilitation of burned-over lands
under its jurisdiction.
Funds appropriated to the Forest Service shall be
available for assistance to or through the Agency for Inter-
national Development and the Foreign Agricultural Serv-
ice in connection with forest and rangeland research, tech-
nical information, and assistance in foreign countries, and
shall be available to support forestry and related natural
resource activities outside the United States and its terri-
tories and possessions, including technical assistance, edu-
cation and training, and cooperation with United States
and international organizations.
None of the funds made available to the Forest Serv-
ice under this Act shall be subject to transfer under the
provisions of section 702(b) of the Department of Agri-
culture Organic Act of 1944 (7 U.S.C. 2257) or 7 U.S.C
147b unless the proposed transfer is approved in advance
by the House and Senate Committees on Appropriations
in compliance with the reprogramming procedures con-
tained in House Report 103–551.
None of the funds available to the Forest Service may
be reprogrammed without the advance approval of the
House and Senate Committees on Appropriations in ac-
HR 3662 RS
cordance with the procedures contained in House Report
103–551.
No funds appropriated to the Forest Service shall be
transferred to the Working Capital Fund of the Depart-
ment of Agriculture without the approval of the Chief of
the Forest Service.
Notwithstanding any other provision of the law, any
appropriations or funds available to the Forest Service
may be used to disseminate program information to pri-
vate and public individuals and organizations through the
use of nonmonetary items of nominal value and to provide
nonmonetary awards of nominal value and to incur nec-
essary expenses for the nonmonetary recognition of private
individuals and organizations that make contributions to
Forest Service programs.
Notwithstanding any other provision of law, money
collected, in advance or otherwise, by the Forest Service
under authority of section 101 of Public Law 93–153 (30
U.S.C. 185(1)) as reimbursement of administrative and
other costs incurred in processing pipeline right-of-way or
permit applications and for costs incurred in monitoring
the construction, operation, maintenance, and termination
of any pipeline and related facilities, may be used to reim-
burse the applicable appropriation to which such costs
were originally charged.
HR 3662 RS
Funds available to the Forest Service shall be avail-
able to conduct a program of 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 Conserva-
tion Corps as authorized by the Act of August 13, 1970,
as amended by Public Law 93–408.
None of the funds available in this Act shall be used
for timber sale preparation using clearcutting in hardwood
stands in excess of 25 percent of the fiscal year 1989 har-
vested volume in the Wayne National Forest, Ohio: Pro-
vided, That this limitation shall not apply to hardwood
stands damaged by natural disaster: Provided further,
That landscape architects shall be used to maintain a vis-
ually pleasing forest.
Any money collected from the States for fire suppres-
sion assistance rendered by the Forest Service on non-
Federal lands not in the vicinity of National Forest Sys-
tem lands shall be used to reimburse the applicable appro-
priation and shall remain available until expended as the
Secretary may direct in conducting activities authorized
by 16 U.S.C. 2101 (note), 2101–2110, 1606, and 2111.
Of the funds available to the Forest Service, $1,500
is available to the Chief of the Forest Service for official
reception and representation expenses.
HR 3662 RS
Notwithstanding any other provision of law, the For-
est Service is authorized to employ or otherwise contract
with persons at regular rates of pay, as determined by the
Service, to perform work occasioned by emergencies such
as fires, storms, floods, earthquakes or any other unavoid-
able cause without regard to Sundays, Federal holidays,
and the regular workweek.
To the greatest extent possible, and in accordance
with the Final Amendment to the Shawnee National For-
est Plan, none of the funds available in this Act shall be
used for preparation of timber sales using clearcutting or
other forms of even aged management in hardwood stands
in the Shawnee National Forest, Illinois.
Pursuant to sections 405(b) and 410(b) of Public
Law 101–593, funds up to $1,000,000 for matching funds
shall be available for the National Forest Foundation.
Pursuant to section 2(b)(2) of Public Law 98–244, up
to $1,000,000 of the funds available to the Forest Service
shall be available for matching funds, as authorized in 16
U.S.C. 3701–3709, on a one-for-one basis to match private
contributions for projects on National Forest System lands
or related to Forest Service programs.
Pursuant to section 402(b) of Public Law 101–593, up
to $1,000,000 of the funds available to the Forest Service
shall be available for matching funds, as authorized in 16
HR 3662 RS
U.S.C. 583j–3, on a one-for-one basis to match private con-
tributions for projects on National Forest System lands or
related to Forest Service programs.
Funds appropriated to the Forest Service shall be
available for interactions with and providing technical as-
sistance to rural communities for sustainable rural devel-
opment purposes.
Notwithstanding any other provision of law, 80 per-
cent of the funds appropriated to the Forest Service in
the National Forest System and Construction accounts
and planned to be allocated to activities under the ‘‘Jobs
in the Woods’’ program for projects on National Forest
land in the State of Washington may be granted directly
to the Washington State Department of Fish and Wildlife
for accomplishment of planned projects. Twenty percent
of said funds shall be retained by the Forest Service for
planning and administering projects. Project selection and
prioritization shall be accomplished by the Forest Service
with such consultation with the State of Washington as
the Forest Service deems appropriate.
Funds appropriated to the Forest Service shall be
available for payments to counties within the Columbia
River Gorge National Scenic Area, pursuant to sections
14(c)(1) and (2), and section 16(a)(2) of Public Law 99–
663.
HR 3662 RS
None of the funds provided in this or any other Act
may be spent to implement the Tongass Land Management
Plan (TLMP) revision until the General Accounting Office
certifies that the process used to develop the TLMP complies
with the National Forest Management Act of 1976 (90 Stat.
2949; Public Law 94–588) and the Tongass Timber Reform
Act of 1990 (104 Stat. 4426; Public Law 101–626), as
amended.
DEPARTMENT OF ENERGY
CLEAN COAL TECHNOLOGY
(RESCISSION)
Of the funds made available under this heading for
obligation in fiscal year 1997 or prior years, $150,000,000
are rescinded: Provided, That funds made available in pre-
vious appropriations Acts shall be available for any ongo-
ing project regardless of the separate request for proposal
under which the project was selected.
FOSSIL ENERGY RESEARCH AND DEVELOPMENT
For necessary expenses in carrying out fossil energy
research and development activities, under the authority
of the Department of Energy Organization Act (Public
Law 95–91), including the acquisition of interest, includ-
ing defeasible and equitable interests in any real property
or any facility or for plant or facility acquisition or expan-
sion, and for conducting inquiries, technological investiga-
tions and research concerning the extraction, processing,