Calendar No. 160
104TH CONGRESS
1ST SESSION
H. R. 1977
[Report No. 104–125]
AN ACT
Making appropriations for the Department of the
Interior and related agencies for the fiscal year
ending September 30, 1996, and for other pur-
poses.
JULY 19 (legislative day, JULY 10), 1995
Received; read twice and referred to the Committee on
Appropriations
JULY 28 (legislative day, JULY 10), 1995
Reported with amendments
II
Calendar No. 160
104TH CONGRESS
1ST SESSION
H. R. 1977
[Report No. 104–125]
IN THE SENATE OF THE UNITED STATES
JULY 19 (legislative day, JULY 10), 1995
Received; read twice and referred to the Committee on Appropriations
JULY 28 (legislative day, JULY 10), 1995
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, 1996, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
Department of the Interior and related agencies for the
fiscal year ending September 30, 1996, and for other pur-
poses, namely:
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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 $570,017,000 $565,936,000,
to remain available until expended, of which not more than
$599,999 shall be available to the Needles Resources Area
for the management of the East Mojave National Scenic
Area, as defined by the Bureau of Land Management
prior to October 1, 1994, in the California Desert District
of the Bureau of Land Management, and of which
$4,000,000 shall be derived from the special receipt ac-
count established by section 4 of the Land and Water Con-
servation Fund Act of 1965, as amended (16 U.S.C. 460l–
6a(i)): Provided, That appropriations herein made shall
not be available for the destruction of healthy, unadopted,
wild horses and burros in the care of the Bureau or its
contractors; and in addition, $27,650,000 for Mining Law
Administration program operations, to remain available
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until expended, to be reduced by amounts collected by the
Bureau of Land Management and credited to this appro-
priation from annual mining claim fees so as to result in
a final appropriation estimated at not more than
$570,017,000 $565,936,000: Provided further, That in ad-
dition to funds otherwise available, and to remain available
until expended, not to exceed $5,000,000 from annual
mining claim fees shall be credited to this account for the
costs of administering the mining claim fee program, and
$2,000,000 from communication site rental fees estab-
lished by the Bureau.
WILDLAND FIRE MANAGEMENT
For necessary expenses for fire use and management,
fire preparedness, emergency presuppression, suppression
operations, emergency rehabilitation, and renovation or
construction of fire facilities in the Department of the In-
terior, $235,924,000 $242,159,000, to remain available
until expended, of which not to exceed $5,025,000, shall
be available for the renovation or construction of fire fa-
cilities: Provided, That notwithstanding any other provi-
sion of law, persons hired pursuant to 43 U.S.C. 1469
may be furnished subsistence and lodging without cost
from funds available from this appropriation: Provided
further, That such funds are also available for repayment
of advances to other appropriation accounts from which
funds were previously transferred for such purposes: Pro-
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vided further, That unobligated balances of amounts pre-
viously appropriated to the Fire Protection and Emer-
gency Department of the Interior Firefighting Fund may
be transferred or merged with this appropriation.
CENTRAL HAZARDOUS MATERIALS FUND
For expenses necessary for use by the Department
of the Interior and any of its component offices and bu-
reaus for the remedial action, including associated activi-
ties, of hazardous waste substances, pollutants, or con-
taminants pursuant to the Comprehensive Environmental
Response, Compensation and Liability Act, as amended
(42 U.S.C. 9601 et seq.), $10,000,000, to remain available
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 sections 107 or 113(f) of the Comprehensive Environ-
mental Response, Compensation and Liability Act, as
amended (42 U.S.C. 9607 or 9613(f)), shall be credited
to this account and shall be available without further ap-
propriation and shall remain available until expended: Pro-
vided 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
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of by the Secretary of the Interior and which shall be cred-
ited to this account.
CONSTRUCTION AND ACCESS
For acquisition of lands and interests therein, and
construction of buildings, recreation facilities, roads,
trails, and appurtenant facilities, $2,515,000 $2,615,000,
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. 6901–07),
$111,409,000
$100,000,000, of which not to exceed
$400,000 shall be available for administrative expenses.
LAND ACQUISITION
For expenses necessary to carry out the provisions
of sections 205, 206, and 318(d) of Public Law 94–579
including administrative expenses and acquisition of lands
or waters, or interests therein, $8,500,000 $10,550,000 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; $91,387,000 $95,364,000, 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 Rail-
road grant lands is hereby made a charge against the Or-
egon and California land-grant fund and shall be trans-
ferred to the General Fund in the Treasury in accordance
with the provisions of 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,
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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 sections 209(b), 304(a), 304(b),
305(a), and 504(g) of the Act approved October 21, 1976
(43 U.S.C. 1701), and sections 101 and 203 of Public
Law 93–153, to be immediately available until expended:
Provided, That notwithstanding any provision to the con-
trary of section 305(a) of the Act of October 21, 1976
(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 or subsequent appropriations
Acts by the Secretary to improve, protect, or rehabilitate
any public lands administered through the Bureau of
Land Management which have been damaged by the ac-
tion of a resource developer, purchaser, permittee, or any
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unauthorized person, without regard to whether all mon-
eys collected from each such forfeiture, compromise, or
settlement are used on the exact lands damage to which
led to the forfeiture, compromise, or settlement: Provided
further, That such moneys are in excess of amounts need-
ed to repair damage to the exact land for which collected.
MISCELLANEOUS TRUST FUNDS
In addition to amounts authorized to be expended
under existing law, 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 of Land Management; miscellaneous and
emergency expenses of enforcement activities authorized
or approved by the Secretary and to be accounted for sole-
HR 1977 RS
ly on his certificate, not to exceed $10,000: Provided, That
notwithstanding 44 U.S.C. 501, the Bureau may, under
cooperative cost-sharing and partnership arrangements
authorized by law, procure printing services from coopera-
tors 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 co-
operator 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; and 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 by Public
Law 93–408, $498,035,000 (less $885,000) $496,978,000,
to remain available for obligation until September 30,
1997, of which $11,557,000 shall be available until ex-
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pended 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 (90 Stat.
2921), to compensate for loss of fishery resources from
water development projects on the Lower Snake River:
Provided, That unobligated and unexpended balances in
the Resource Management account at the end of fiscal
year 1995, shall be merged with and made a part of the
fiscal year 1996 Resource Management appropriation, and
shall remain available for obligation until September 30,
1997: Provided further, That no monies appropriated
under this Act or any other law shall be used to implement
subsections (a), (b), (c), (e), (g), or (i) of section 4 of the
Endangered Species Act until such time as legislation reau-
thorizing the Act is enacted, except that monies appro-
priated under this Act may be used to delist or reclassify
species pursuant to subsections 4(a)(2)(B), 4(c)(2)(B)(i),
and 4(c)(2)(B)(ii) of the Act.
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; $26,355,000 $38,775,000, to remain available
until expended.
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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
the Act of July 27, 1990 (Public Law 101–337);
$6,019,000 $4,000,000, to remain available until ex-
pended: Provided, That sums provided by any party in fis-
cal year 1996 and thereafter 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 such sums or
properties shall be utilized for the restoration of injured
resources, and to conduct new damage assessment activi-
ties.
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. 460l–4–11), including administra-
tive expenses, and for acquisition of land or waters, or in-
terest therein, in accordance with statutory authority ap-
plicable to the United States Fish and Wildlife Service,
$14,100,000 $32,031,000, to be derived from the Land
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and Water Conservation Fund, 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 by Public Law 100–478, $8,085,000
for grants to States, to be derived from the Cooperative
Endangered Species Conservation 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), $10,779,000.
REWARDS AND OPERATIONS
For expenses necessary to carry out the provisions
of the African Elephant Conservation Act (16 U.S.C.
4201–4203, 4211–4213, 4221–4225, 4241–4245, and
1538), $600,000, 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, $4,500,000 $6,750,000, to remain available
until expended.
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LAHONTAN VALLEY AND PYRAMID LAKE FISH AND
WILDLIFE FUND
For carrying out section 206(f) of Public Law 101–
618, such sums as have previously been credited or may
be credited hereafter to the Lahontan Valley and Pyramid
Lake Fish and Wildlife Fund, to be available until ex-
pended without further appropriation.
RHINOCEROS AND TIGER CONSERVATION FUND
For deposit to the Rhinoceros and Tiger Conserva-
tion Fund, $200,000, to remain available until expended,
to be available to carry out the provisions of the Rhinoc-
eros and Tiger Conservation Act of 1994 (P.L. 103–391).
WILDLIFE CONSERVATION AND APPRECIATION FUND
For deposit to the Wildlife Conservation and Appre-
ciation Fund, $998,000 $800,000, to remain available
until expended,–to be available for carrying out the Part-
nerships for Wildlife Act only to the extent such funds
are matched as provided in section 7105 of said Act.
ADMINISTRATIVE PROVISIONS
Appropriations and funds available to the United
States Fish and Wildlife Service shall be available for pur-
chase of not to exceed 54 passenger 113 motor vehicles,
none of which are for police-type use; not to exceed
$400,000 for payment, at the discretion of the Secretary,
for information, rewards, or evidence concerning violations
of laws administered by the United States Fish and Wild-
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life Service, and miscellaneous and emergency expenses of
enforcement activities, authorized or approved by the Sec-
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 United
States Fish and Wildlife Service; options for the purchase
of land at not to exceed $1 for each option; facilities inci-
dent to such public recreational uses on conservation areas
as are consistent with their primary purpose; and the
maintenance and improvement of aquaria, buildings, and
other facilities under the jurisdiction of the United States
Fish and Wildlife Service and to which the United States
has title, and which are utilized pursuant to law in connec-
tion with management and investigation of fish and wild-
life resources: Provided, That notwithstanding 44 U.S.C.
501, the Service may, under cooperative cost sharing and
partnership arrangements authorized by law, procure
printing services from cooperators in connection with
jointly-produced publications for which the cooperators
share at least one-half the cost of printing either in cash
or services and the Service determines the cooperator is
capable of meeting accepted quality standards: Provided
further, That the United States Fish and Wildlife Service
may accept donated aircraft as replacements for existing
aircraft: Provided further, That notwithstanding any other
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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
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 House Report 103–551:–Provided further, That
none of the funds made available in this Act may be used
by the U.S. Fish and Wildlife Service to impede or delay
the issuance of a wetlands permit by the U.S. Army Corps
of Engineers to the City of Lake Jackson, Texas, for the
development of a public golf course west of Buffalo Camp
Bayou between the Brazos River and Highway 332: Pro-
vided further, That notwithstanding the Emergency Wet-
lands Resources Act of 1986 (16 U.S.C. 3911), amounts col-
lected from the sale of admissions permits and from fees
collected at units of the Fish and Wildlife Service for fiscal
year 1996 shall be available for use by the Fish and Wildlife
Service pursuant to paragraph (c)(4) of section 315 of this
Act: Provided further, That, with respect to lands leased for
farming pursuant to Public Law 88–567, none of the funds
in this Act may be used to develop, implement, or enforce
regulations or policies (including pesticide use proposals)
related to the use of chemicals and pest management that
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are more restrictive than the requirements of applicable
State and Federal laws related to the use of chemicals and
pest management practices on non-Federal lands.
NATURAL RESOURCES SCIENCE AGENCY
RESEARCH, INVENTORIES, AND SURVEYS
For authorized expenses necessary for scientific re-
search relating to species biology, population dynamics,
and ecosystems; inventory and monitoring activities; tech-
nology development and transfer; the operation of Coopera-
tive Research Units; for the purchase of not to exceed 61
passenger motor vehicles, of which 55 are for replacement
only; and for the general administration of the National
Biological Service, $145,965,000, of which $145,915,000
shall remain available until September 30, 1997, and of
which $50,000 shall remain available until expended for
construction: Provided, That none of the funds under this
head shall be used to conduct new surveys on private prop-
erty unless specifically authorized in writing by the prop-
erty owner: Provided further, That none of the funds pro-
vided herein for resource research may be used to admin-
ister a volunteer program when it is made known to the
Federal official having authority to obligate or expend such
funds that the volunteers are not properly trained or that
information gathered by the volunteers is not carefully veri-
fied: Provided further, That no later than April 1, 1996,
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the Assistant Secretary for Water and Science shall issue
agency guidelines for resource research that ensure that sci-
entific and technical peer review is used as fully as possible
in selection of projects for funding and ensure the validity
and reliability of research and data collection on Federal
lands: Provided further, That no funds available for re-
source research may be used for any activity that was not
authorized prior to the establishment of the National Bio-
logical Survey: Provided further, That once every five years
the National Academy of Sciences shall review and report
on the resource research activities of the agency: Provided
further, That if specific authorizing legislation is enacted
during or before the start of fiscal year 1996, the agency
should comply with the provisions of that legislation.
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 $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
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Youth Conservation Corps as authorized by the Act of Au-
gust 13, 1970, as amended by Public Law 93–408,
$1,088,249,000 $1,092,265,000, without regard to the Act
of August 24, 1912, as amended (16 U.S.C. 451), of
which not to exceed $72,000,000, to remain available until
expended is to be derived from the special fee account es-
tablished pursuant to title V, section 5201, of Public Law
100–203, and of which not more than $1 shall be available
for activies of the National Park Service at the Mojave
National Preserve.
NATIONAL RECREATION AND PRESERVATION
For expenses necessary to carry out recreation pro-
grams, natural programs, cultural programs, environ-
mental compliance and review, international park affairs,
statutory or contractual aid for other activities, and grant
administration, not otherwise provided for, $35,725,000
$38,051,000: Provided, That $248,000 $236,000 of the
funds provided herein are for the William O. Douglas Out-
door Education Center, subject to authorization.
HISTORIC PRESERVATION FUND
For expenses necessary in carrying out the provisions
of the Historic Preservation Act of 1966 (80 Stat. 915),
as amended (16 U.S.C. 470), $37,934,000 $38,312,000,
to be derived from the Historic Preservation Fund, estab-
lished by section 108 of that Act, as amended, to remain
available for obligation until September 30, 1997.
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CONSTRUCTION
For construction, improvements, repair or replace-
ment of physical facilities, $114,868,000 $116,480,000, to
remain available until expended: Provided, That not to ex-
ceed $6,000,000 $4,500,000 shall be paid to the Army
Corps of Engineers for modifications authorized by section
104 of the Everglades National Park Protection and Ex-
pansion Act of 1989: Provided further, That up to
$1,500,000 of the funds provided under this head, to be de-
rived from the Historic Preservation Fund, established by
the Historic Preservation Act of 1966 (80 Stat. 915), as
amended (16 U.S.C. 470), shall be available until expended
to render the site safe for visitors and to continue building
stabilization of the Kennicott, Alaska copper mine.
LAND AND WATER CONSERVATION FUND
(RESCISSION)
The contract authority provided for fiscal year 1996
by 16 U.S.C. 460l–10a is rescinded.
LAND ACQUISITION AND STATE ASSISTANCE
For expenses necessary to carry out the provisions
of the Land and Water Conservation Fund Act of 1965,
as amended (16 U.S.C. 460l–4–11), including administra-
tive expenses, and for acquisition of lands or waters, or
interest therein, in accordance with statutory authority
applicable to the National Park Service, $14,300,000
$43,230,000, to be derived from the Land and Water Con-
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servation Fund, to remain available until expended,–of
which $4,800,000 is provided for Federal assistance to the
State of Florida pursuant to Public Law 103–219, and
of which $1,500,000 is to administer the State assistance
program: Provided, That funds appropriated herein for the
purpose of acquisition 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.
ADMINISTRATIVE PROVISIONS
Appropriations for the National Park Service shall be
available for the purchase of not to exceed 518 passenger
motor vehicles, of which 323 shall be for replacement only,
including not to exceed 411 for police-type use, 12 buses,
and 5 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 Congress
is not in session because of adjournment of more than three
calendar days to a day certain) from the receipt by the
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Speaker of the House of Representatives and the President
of the Senate of a full and comprehensive report on the de-
velopment of the southern end of Ellis Island, including the
facts and circumstances relied upon in support of the pro-
posed project.
None of the funds in this Act may be spent by the Na-
tional Park Service for a United Nations Biodiversity Ini-
tiative in the United States.
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
law (43 U.S.C. 31, 1332 and 1340); classify lands as to
their mineral and water resources; give engineering super-
vision to power permittees and Federal Energy Regulatory
Commission licensees; administer the minerals exploration
program (30 U.S.C. 641); and publish and disseminate
data relative to the foregoing activities; $686,944,000
$577,503,000, of which $62,130,000 shall be available for
cooperation with States or municipalities for water re-
sources investigations,–and of which $112,888,000 for re-
source research and the operations of Cooperative Re-
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search Units shall remain available until September 30,
1997: Provided, That no part of this appropriation shall
be used to pay more than one-half the cost of any topo-
graphic mapping or water resources investigations carried
on in cooperation with any State or municipality: Provided
further, That funds available herein for resource research
may be used for the purchase of not to exceed 61 pas-
senger motor vehicles, of which 55 are for replacement
only: Provided further, That none of the funds available
under this head for resource research shall be used to con-
duct new surveys on private property except when it is
made known to the Federal official having authority to
obligate or expend such funds that the survey or research
has been requested and authorized in writing by the prop-
erty owner or the owner’s authorized representative: Pro-
vided further, That none of the funds provided herein for
resource research may be used to administer a volunteer
program when it is made known to the Federal official
having authority to obligate or expend such funds that the
volunteers are not properly trained or that information
gathered by the volunteers is not carefully verified: Pro-
vided further, That no later than April 1, 1996, the Direc-
tor of the United States Geological Survey shall issue
agency guidelines for resource research that ensure that
scientific and technical peer review is utilized as fully as
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possible in selection of projects for funding and ensure the
validity and reliability of research and data collection on
Federal lands: Provided further, That no funds available
for resource research may be used for any activity that
was not authorized prior to the establishment of the Na-
tional Biological Survey: Provided further, That once every
five years the National Academy of Sciences shall review
and report on the resource research activities of the Sur-
vey: Provided further, That if specific authorizing legisla-
tion is enacted during or before the start of fiscal year
1996, the resource research component of the Survey
should comply with the provisions of that legislation: Pro-
vided further, That unobligated and unexpended balances
in the National Biological Survey, Research, inventories
and surveys account at the end of fiscal year 1995, shall
be merged with and made a part of the United States Geo-
logical Survey, Surveys, investigations, and research ac-
count and shall remain available for obligation until Sep-
tember 30, 1996.
ADMINISTRATIVE PROVISIONS
The amount appropriated for the United States Geo-
logical Survey shall be available for purchase of not to ex-
ceed 22 passenger motor vehicles, for replacement only;
reimbursement to the General Services Administration for
security guard services; contracting for the furnishing of
topographic maps and for the making of geophysical or
HR 1977 RS
other specialized surveys when it is administratively deter-
mined that such procedures are in the public interest; con-
struction and maintenance of necessary buildings and ap-
purtenant facilities; acquisition of lands for gauging sta-
tions and observation wells; expenses of the United States
National Committee on Geology; and payment of com-
pensation and expenses of persons on the rolls of the Unit-
ed States Geological Survey appointed, as authorized by
law, to represent the United States in the negotiation and
administration of interstate compacts: Provided, That ac-
tivities funded by appropriations herein made may be ac-
complished through the use of contracts, grants, or coop-
erative agreements as defined in 31 U.S.C. 6302, et seq.
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; $186,556,000 $182,169,000, of
which not less than $70,105,000 shall be available for roy-
alty management activities; and an amount not to exceed
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$12,400,000 $15,400,000 for the Technical Information
Management System of and Related Activities of the Outer
Continental Shelf (OCS) Lands Activity, to be credited to
this appropriation and to remain available until expended,
from additions to receipts resulting from increases to rates
in effect on August 5, 1993, from rate increases to fee
collections for OCS administrative activities performed by
the Minerals Management Service over and above the
rates in effect on September 30, 1993, and from addi-
tional fees for OCS administrative activities established
after September 30, 1993: Provided, That beginning in
fiscal year 1996 and thereafter, fees for royalty rate relief
applications shall be established (and revised as needed)
in Notices to Lessees, and shall be credited to this account
in the program areas performing the function, and remain
available until expended for the costs of administering the
royalty rate relief authorized by 43 U.S.C. 1337(a)(3):
Provided further, That $1,500,000 for computer acquisi-
tions shall remain available until September 30, 1997:
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 ex-
penses related to promoting volunteer beach and marine
cleanup activities: Provided further, That notwithstanding
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any other provision of law, $15,000 under this head shall
be available for refunds of overpayments in connection
with certain 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 pay-
ments: Provided further, That beginning in fiscal year
1996 and thereafter, the Secretary shall take appropriate
action to collect unpaid and underpaid royalties and late
payment interest owed by Federal and Indian mineral les-
sees and other royalty payors on amounts received in set-
tlement or other resolution of disputes under, and for par-
tial or complete termination of, sales agreements for min-
erals from Federal and Indian leases.
OIL SPILL RESEARCH
For necessary expenses to carry out the purposes of
title I, section 1016, title IV, sections 4202 and 4303, title
VII, and title VIII, section 8201 of the Oil Pollution Act
of 1990, $6,440,000, which shall be derived from the Oil
Spill Liability Trust Fund, to remain available until ex-
pended.
BUREAU OF MINES
MINES AND MINERALS
For expenses necessary for the orderly closure of the
Bureau of Mines, $87,000,000 For expenses necessary for
conducting inquiries, technological investigations, and re-
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search concerning the extraction, processing, use, and dis-
posal of mineral substances without objectionable social and
environmental costs; to foster and encourage private enter-
prise in the development of mineral resources and the pre-
vention of waste in the mining, minerals, metal, and min-
eral reclamation industries; to inquire into the economic
conditions affecting those industries; to promote health and
safety in mines and the mineral industry through research;
and for other related purposes as authorized by law,
$132,507,000, of which $111,192,000 shall remain available
until expended.
ADMINISTRATIVE PROVISIONS
The Secretary is authorized to accept lands, buildings,
equipment, other contributions, and fees from public and
private sources, and to prosecute projects using such con-
tributions and fees in cooperation with other Federal,
State or private agencies: Provided, That the Bureau of
Mines is authorized, during the current fiscal year, to sell
directly or through any Government agency, including cor-
porations, any metal or mineral products that may be
manufactured in pilot plants operated by the Bureau of
Mines, and the proceeds of such sales shall be covered into
the Treasury as miscellaneous receipts: Provided further,
That notwithstanding any other provision of law, the Sec-
retary is authorized to convey, without reimbursement,
title and all interest of the United States in property and
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facilities of the United States Bureau of Mines in Juneau,
Alaska to the City and Borough of Juneau, Alaska; in
Tuscaloosa, Alabama, to The University of Alabama; in
Rolla, Missouri, to the University of Missouri-Rolla; and
in other localities to such university or government entities
as the Secretary deems appropriate.
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 15 passenger motor vehicles for re-
placement only; $92,751,000 $95,470,000, 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
1996: Provided, That notwithstanding any other provision
of law, the Secretary of the Interior, pursuant to regula-
tions, may utilize directly or through grants to States,
moneys collected in fiscal year 1996 pursuant to the as-
sessment of civil penalties under section 518 of the Sur-
face Mining 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
HR 1977 RS
until expended: Provided further, That notwithstanding
any other provision of law, appropriations for the Office
of Surface Mining Reclamation and Enforcement may pro-
vide for the travel and per diem expenses of State and
tribal personnel attending Office of Surface Mining Rec-
lamation and Enforcement sponsored training.
ABANDONED MINE RECLAMATION FUND
For necessary expenses to carry out the provisions
of title IV of the Surface Mining Control and Reclamation
Act of 1977, Public Law 95–87, as amended, including
the purchase of not more than 22 passenger motor vehicles
for replacement only, $176,327,000 $170,441,000, to be
derived from receipts of the Abandoned Mine Reclamation
Fund and to remain available until expended,–of which
$5,000,000 shall be used for supplemental grants to
States for the reclamation of abandoned sites with acid
mine rock drainage from coal mines through the Appa-
lachian Clean Streams Initiative: Provided, That grants
to minimum program States will be $1,500,000 per State
in fiscal year 1996: Provided further, That of the funds
herein provided up to $18,000,000 may be used for the
emergency program 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 reclamation projects under this proviso shall
HR 1977 RS
not exceed $11,000,000:–Provided further, That donations
credited to the Abandoned Mine Reclamation Fund, pur-
suant to section 401(b)(3) of Public Law 95–87, are here-
by appropriated and shall be available until expended to
support projects under the Appalachian Clean Streams
Initiative, directly, through agreements with other Federal
agencies, as otherwise authorized, or through grants to
States or local governments, or tax-exempt private enti-
ties: Provided further, That prior year unobligated funds
appropriated for the emergency reclamation program shall
not be subject to the 25 per centum limitation per State
and may be used without fiscal year limitation for emer-
gency projects: Provided further, That pursuant to Public
Law 97–365, the Department of the Interior is authorized
to utilize up to 20 per centum from the recovery of the
delinquent debt owed to the United States Government to
pay for contracts to collect these debts.
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
HR 1977 RS
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 of Indian Affairs,
including payment 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 authorized by law; for the general adminis-
tration of the Bureau of Indian Affairs, including such
expenses in field offices; maintaining of Indian reservation
roads as defined in section 101 of title 23, United States
Code; and construction, repair, and improvement of Indian
housing, $1,508,777,000 (plus $851,000) $997,221,000, of
which not to exceed $106,126,000 $104,626,000 shall be
for payments to tribes and tribal organizations for con-
tract support costs associated with ongoing contracts or
grants or compacts entered into with the Bureau of Indian
Affairs prior to fiscal year 1996, as authorized by the In-
dian Self-Determination Act of 1975, as amended, and
$5,000,000 up to $5,000,000 shall be for the Indian Self-
Determination Fund, which shall be available for the tran-
sitional cost of initial or expanded tribal contracts, grants,
compacts, or cooperative agreements with the Bureau of
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Indian Affairs under the provisions of the Indian Self-De-
termination Act; and of which not to exceed $330,711,000
$330,991,000 for school operations costs of Bureau-funded
schools and other education programs shall become avail-
able for obligation on July 1, 1996, and shall remain avail-
able for obligation until September 30, 1997; and of which
not to exceed $67,138,000 $69,477,000 for higher edu-
cation scholarships, adult vocational training, and assist-
ance to public schools under the Johnson O’Malley Act
Act of April 16, 1934 (48 Stat. 596), as amended (25 U.S.C.
452 et seq.), shall remain available for obligation until Sep-
tember 30, 1997; and of which not to exceed $74,814,000
$35,331,000 shall remain available until expended for trust
funds management, housing improvement, road mainte-
nance, attorney fees, litigation support, self-governance
grants, and the Indian Self-Determination Fund,–and the
Navajo-Hopi Settlement Program: Provided, That tribes
and tribal contractors may use their tribal priority alloca-
tions for unmet indirect costs of ongoing contracts, grants
or compact agreements: Provided further, That funds
made available to tribes and tribal organizations through
contracts or grants obligated during fiscal year 1996, as
authorized by the Indian Self-Determination Act of 1975
(88 Stat. 2203; 25 U.S.C. 450 et seq.), or grants author-
ized by the Indian Education Amendments of 1988 (25
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U.S.C. 2001 and 2008A) shall remain available until ex-
pended by the contractor or grantee:–Provided further,
That notwithstanding any other provision of law, the stat-
ute of limitations shall not commence to run on any claim,
including any claim in litigation pending on the date of
this Act, concerning losses to or mismanagement of trust
funds, until the affected tribe or individual Indian has
been furnished with the accounting of such funds from
which the beneficiary can determine whether there has
been a loss: 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 one year
may be reprogrammed to one 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
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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
tribe which remain unobligated as of September 30, 1996,
may be transferred during fiscal year 1997 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, 1997: Provided
further, That notwithstanding any other provision of law,
no funds available to the Bureau of Indian Affairs, other
than the amounts provided herein for assistance to public
schools under the Act of April 16, 1934 (48 Stat. 596),
as amended (25 U.S.C. 452 et seq.), shall be available to
support the operation of any elementary or secondary
school in the State of Alaska in fiscal year 1996: Provided
further, That funds made available in this or any other
Act for expenditure through September 30, 1997 for
schools funded by the Bureau of Indian Affairs shall be
available only to the schools which are in the Bureau of
Indian Affairs school system as of September 1, 1995:
Provided further, That no funds available to the Bureau
of Indian Affairs shall be used to support expanded grades
HR 1977 RS
for any school beyond the grade structure in place at each
school in the Bureau of Indian Affairs school system as
of October 1, 1995: Provided further, That notwithstand-
ing the provisions of 25 U.S.C. 2011(h)(1)(B) and (c),
upon the recommendation of a local school board for a
Bureau of Indian Affairs operated school, the Secretary
shall establish rates of basic compensation or annual sal-
ary rates for the positions of teachers and counselors (in-
cluding dormitory and homeliving counselors) at the school
at a level not less than that for comparable positions in
public school districts in the same geographic area: Pro-
vided further, That notwithstanding any other provision of
law, no funds available to the Bureau of Indian Affairs for
central office operations or pooled overhead general admin-
istration shall be available for tribal contracts, grants, com-
pacts, or cooperative agreements with the Bureau of Indian
Affairs under the provisions of the Indian Self-Determina-
tion Act or the Tribal Self-Governance Act of 1994 (Public
Law 103–413), unless a proposal for amounts to be avail-
able for such tribal contracts, grants, compacts, or coopera-
tive agreements has been submitted to and approved by the
Committees on Appropriations: Provided further, That of
the funds available only through September 30, 1995, not
to exceed $8,000,000 in unobligated and unexpended bal-
ances in the Operation of Indian Programs account shall
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be merged with and made a part of the fiscal year 1996
Operation of Indian Programs appropriation, and shall re-
main available for obligation for employee severance, relo-
cation, and related expenses, until March 31, 1996.
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, $98,033,000
$60,088,000, to remain available until expended: Provided,
That such amounts as may be available for the construc-
tion of the Navajo Indian Irrigation Project and for other
water resource development activities related to the South-
ern Arizona Water Rights Settlement Act may be trans-
ferred to the Bureau of Reclamation: Provided further,
That not to exceed 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 pro-
gram management costs of the Bureau of Indian Affairs:–
Provided further, That any funds provided 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 the fiscal year ending September 30, 1996, in
implementing new construction or facilities improvement
and repair project grants in excess of $100,000 that are
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provided 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 ne-
gotiate and determine a schedule of payments for the work
to be performed: Provided further, That in considering ap-
plications, the Secretary shall consider whether the Indian
tribe or tribal organization would be deficient in assuring
that the construction projects conform to applicable build-
ing standards 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 man-
agement capabilities: Provided further, That if the Sec-
retary 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 concerning 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,
$75,145,000, to remain available until expended; of which
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$73,100,000 shall be available for implementation of en-
acted Indian land and water claim settlements pursuant
to Public Laws 87–483, 97–293, 101–618, 102–374, 102–
441, 102–575, and 103–116, and for implementation of
other enacted 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
Settlement, as authorized by section 5(a) of Public Law
103–116; and of which $1,045,000 shall be available pur-
suant to Public Laws 98–500, 99–264, and 100–580; and
of which $1,000,000 shall be available (1) to liquidate obli-
gations owed tribal and individual Indian payees of any
checks canceled pursuant to section 1003 of the Competi-
tive Equality Banking Act of 1987 (Public Law 100–86
(101 Stat. 659)), 31 U.S.C. 3334(b), (2) to restore to In-
dividual Indian Monies trust funds, Indian Irrigation Sys-
tems, and Indian Power Systems accounts amounts in-
vested in credit unions or defaulted savings and loan asso-
ciations and which were not Federally insured, and (3)
to reimburse Indian trust fund account holders for losses
to their respective accounts where the claim for said
loss(es) has been reduced to a judgment or settlement
agreement approved by the Department of Justice.
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TECHNICAL ASSISTANCE OF INDIAN ENTERPRISES
For payment of management and technical assistance
requests associated with loans and grants approved under
the Indian Financing Act of 1974, as amended, $900,000.
INDIAN GUARANTEED LOAN PROGRAM ACCOUNT
For the cost of guaranteed loans $7,000,000, as author-
ized by the Indian Financing Act of 1974, as amended: Pro-
vided, That such costs, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974, as amended: Provided further, That
these funds are available to subsidize total loan principal,
any part of which is to be guaranteed, not to exceed
$50,680,000.
In addition, for administrative expenses necessary to
carry out the guaranteed loan program, $700,000.
ADMINISTRATIVE PROVISIONS
Appropriations for the Bureau of Indian Affairs shall
be available for expenses of exhibits, and purchase of not
to exceed 275 passenger carrying motor vehicles, of which
not to exceed 215 shall be for replacement only.
TERRITORIAL AND INTERNATIONAL AFFAIRS
ASSISTANCE TO TERRITORIES
For expenses necessary for assistance to territories
under the jurisdiction of the Department of the Interior,
$52,405,000, to remain available until expended for brown
tree snake control and research $68,188,000, of which (1)
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$64,661,000 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
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) $3,527,000 shall
be available for salaries and expenses of the Office of Insular
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
HR 1977 RS
99–396, or any subsequent legislation related to Common-
wealth of the Northern Mariana Islands Covenant grant
funding: Provided further, That of the amounts provided
for technical 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
maintenance improvement are appropriated to institu-
tionalize routine operations and maintenance of capital in-
frastructure in American Samoa, Guam, the Virgin Is-
lands, the Commonwealth of the Northern Mariana Islands,
the Republic of Palau, the Republic of the Marshall Islands,
and the Federated States of Micronesia through assessments
of long-range operations and maintenance needs, improved
capability of local operations and maintenance institutions
and agencies (including management and vocational edu-
cation training), and project-specific maintenance (with
territorial participation and cost sharing to be determined
by the Secretary based on the individual territory’s commit-
ment to timely maintenance of its capital assets): Provided
further, That any appropriation for disaster assistance
under this head in this Act or previous appropriations Acts
may be used as non-Federal matching funds for the purpose
of hazard mitigation grants provided pursuant to section
404 of the Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 5170c).
HR 1977 RS
Indian tribes or tribal organizations with gaming oper-
ations that are in full compliance, partial compliance, or
non-compliance with the provisions of the Indian Gaming
Regulatory Act (25 U.S.C. 2701, et seq.): Provided further,
That the information contained in the report shall be up-
dated on a continuing basis.
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 including expenses necessary to provide for
management, development, improvement, and protection of
resources and appurtenant facilities formerly under the ju-
risdiction of the Bureau of Indian Affairs, including pay-
ment of irrigation assessments and charges and acquisition
of water rights, $280,038,000, of which $15,964,000 shall
remain available until expended for trust funds manage-
ment, attorney fees, litigation support, and the Navajo-
Hopi Settlement Program: Provided, That funds made
available to tribes and tribal organizations through con-
tracts or grants obligated during fiscal year 1996, as au-
thorized by the Indian Self-Determination Act of 1975 (88
Stat. 2203; 25 U.S.C. 450 et seq.), shall remain available
until expended by the contractor or grantee: Provided fur-
ther, That notwithstanding any other provision of law, the
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statute of limitations shall not commence to run on any
claim, including any claim in litigation pending on the
date of this Act, concerning losses to or mismanagement of
trust funds, until the affected tribe or individual Indian
has been furnished with the accounting of such funds from
which the beneficiary can determine whether there has been
a loss: Provided further, That notwithstanding any other
provision of law, the reconciliation report to be submitted
pursuant to Public Law 103–412 shall be submitted by No-
vember 30, 1997: Provided further, That any forestry funds
allocated to a tribe which remain unobligated as of Septem-
ber 30, 1996, may be transferred during fiscal year 1997
to an Indian forest land assistance account established for
the benefit of such tribe within the tribe’s fund account: Pro-
vided further, That any such obligated balances not so
transferred shall expire on September 30, 1997: Provided
further, That obligated and unobligated balances provided
for trust funds management, attorney fees, litigation sup-
port, and the Navajo-Hopi Settlement Program within
‘‘Operation of Indian programs,’’ Bureau of Indian Affairs
are hereby transferred to and merged with this appropria-
tion.
CONSTRUCTION
For construction, major repair, and improvement of
irrigation and power systems; acquisition of lands and in-
terest in lands; and preparation of lands for farming,
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$47,245,000, to remain available until expended: Provided,
That such amounts as may be available for the construction
of the Navajo Indian Irrigation Project and for other water
resource development activities related to the Southern Ari-
zona Water Rights Settlement Act may be transferred to
the Bureau of Reclamation: Provided further, That any
funds provided for the Safety of Dams program pursuant
to 25 U.S.C. 13 shall be made available on a non-reimburs-
able basis: Provided further, That all irrigation and power
projects and dams under the jurisdiction of the Bureau of
Indian Affairs on the date of enactment of this Act are here-
by transferred to the jurisdiction of the Special Trustee for
American Indians: Provided further, That the obligated and
unobligated balances of the resources management activity
within ‘‘Construction,’’ Bureau of Indian Affairs, are here-
by transferred to and merged with this appropriation.
INDIAN LAND AND WATER CLAIM SETTLEMENTS AND
MISCELLANEOUS PAYMENTS TO INDIANS
For miscellaneous payments to Indian tribes and indi-
viduals 
and 
for 
necessary 
administrative 
expenses,
$82,745,000, to remain available until expended; of which
$78,600,000 shall be available for implementation of en-
acted Indian land and water claim settlements pursuant
to Public Laws 87–483, 97–293, 101–618, 102–374, 102–
441, 102–575, and 103–116, and for implementation of
other enacted water rights settlements, including not to ex-
HR 1977 RS
ceed $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 $1,045,000 shall be available pursuant
to Public Laws 98–500, 99–264, and 100–580; and of which
$3,100,000 shall be available (1) to liquidate obligations
owed tribal and individual Indian payees of any checks
canceled pursuant to section 1003 of the Competitive Equal-
ity Banking Act of 1987 (Public Law 100–86 (101 Stat.
659)), 31 U.S.C. 3334(b), (2) to restore to Individual In-
dian Monies trust funds, Indian Irrigation Systems, and
Indian Power Systems accounts amounts invested in credit
unions or defaulted savings and loan associations and
which were not Federally insured, and (3) to reimburse In-
dian trust fund account holders for losses to their respective
accounts where the claim for said loss(es) has been reduced
to a judgment or settlement agreement approved by the De-
partment of Justice: Provided, That the obligated and unob-
ligated balances of ‘‘Indian land and water claim settle-
ments and miscellaneous payments to Indians,’’ Bureau of
Indian Affairs, are hereby transferred to and merged with
this appropriation.
TRANSFERS OF BALANCES OF APPROPRIATIONS
Under the terms and conditions of the original appro-
priations, the obligated and unobligated balances of the fol-
lowing appropriations are hereby transferred from the Bu-
HR 1977 RS
reau of Indian Affairs to the Office of the Special Trustee
for American Indians: Navajo Rehabilitation Trust Fund,
Claims and Treaty Obligations, O&M Indian Irrigation
Systems, Cooperative Fund (Papago), Tribal Trust Funds,
Funds Contributed for the Advancement of the Indian Race,
Bequest of George C. Edgeter, Northern Cheyenne, Payment
to Tribal Economic Recovery Fund, Crow Boundary Settle-
ment Act, and Tribal Economic Recovery Fund.
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 ‘‘Office of the Secretary’’ ‘‘Departmental
Management’’, ‘‘Office of the Solicitor’’, and ‘‘Office of In-
spector General’’ may be augmented through the Working
Capital Fund or the Consolidated Working Fund.
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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-
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, must
be replenished 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
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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
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-
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ties, no funds shall be made available under this authority
until funds appropriated to the ‘‘Emergency Department
of the Interior Firefighting Fund’’ shall have been ex-
hausted: 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 Emergency
Deficit Control Act of 1985 and must be replenished by
a supplemental appropriation which must be requested as
promptly as possible: Provided further, That such replen-
ishment funds shall be used to reimburse, on a pro rata
basis, accounts from which emergency funds were trans-
ferred.
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, U.S.C.: Provided, That
reimbursements for costs and supplies, materials, equip-
ment, and for services rendered may be credited to the
appropriation current at the time such reimbursements
are received.
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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.
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. Appropriations made in this title from the
Land and Water Conservation Fund for acquisition of
lands and waters, or interests therein, shall be available
for transfer, with the approval of the Secretary, between
the following accounts: Bureau of Land Management,
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Land acquisition, United States Fish and Wildlife Service,
Land acquisition, and National Park Service, Land acqui-
sition and State assistance. Use of such funds are subject
to the reprogramming guidelines of the House and Senate
Committees on Appropriations.
SEC. 108. Amounts appropriated in this Act for the
Presidio which are not obligated as of the date on which
the Presidio Trust is established by an Act of Congress
shall be transferred to and available only for the Presidio
Trust.
SEC. 109. Section 6003 of Public Law 101–380 is
hereby repealed.
SEC. 110. None of the funds appropriated or other-
wise made available by this Act may be obligated or ex-
pended by the Secretary of the Interior for developing,
promulgating, and thereafter implementing a rule con-
cerning rights-of-way under section 2477 of the Revised
Statutes.
SEC. 111. 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;
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and the Eastern Gulf of Mexico south of 26 degrees north
latitude and east of 86 degrees west longitude.
SEC. 112. 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
or other exploration activity, on lands within the North
Aleutian Basin planning area.
SEC. 113. No funds provided in this title may be ex-
pended by the Department of the Interior for the conduct
of preleasing and leasing activities in the Eastern Gulf of
Mexico for Outer Continental Shelf Lease Sale 151 in the
Outer Continental Shelf Natural Gas and Oil Resource
Management Comprehensive Program, 1992–1997.
SEC. 114. No funds provided in this title may be ex-
pended by the Department of the Interior for the conduct
of preleasing and leasing activities in the Atlantic for
Outer Continental Shelf Lease Sale 164 in the Outer Con-
tinental Shelf Natural Gas and Oil Resource Management
Comprehensive Program, 1992–1997.
SEC. 115. (a) Of the funds appropriated by this Act
or any subsequent Act providing for appropriations in fis-
cal years 1996 and 1997, not more than 50 percent of any
self-governance funds that would otherwise be allocated to
each Indian tribe in the State of Washington shall actually
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be paid to or on account of such Indian tribe from and
after the time at which such tribe shall—
(1) take unilateral action that adversely impacts
the existing rights to and/or customary uses of,
nontribal member owners of fee simple land within
the exterior boundary of the tribe’s reservation to
water, electricity, or any other similar utility or ne-
cessity for the nontribal members’ residential use of
such land; or
(2) restrict or threaten to restrict said owners
use of or access to publicly maintained rights of way
necessary or desirable in carrying the utilities or ne-
cessities described above.
(b) Such penalty shall attach to the initiation of any
legal action with respect to such rights or the enforcement
of any final judgment, appeals from which has been ex-
hausted, with respect thereto.
SEC. 116. Within 30 days after the enactment of this
Act, the Department of the Interior shall issue a specific
schedule for the completion of the Lake Cushman Land Ex-
change Act (Public Law 102–436) and shall complete the
exchange not later than September 30, 1996.
SEC. 117. Notwithstanding Public Law 90–544, as
amended, the National Park Service is authorized to expend
appropriated funds for maintenance and repair of the Com-
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pany Creek Road in the Lake Chelan National Recreation
Area: Provided, That appropriated funds shall not be ex-
pended for the purpose of improving the property of private
individuals unless specifically authorized by law.
SEC. 118. INSULAR DEVELOPMENT.—
Section 1. Territorial and Freely Associated State
Infrastructure Assistance
Section 4(b) of Public Law 94–241 (90 Stat. 263) as
added by section 10 of Public Law 99–396 (99 Stat. 837,
841) is amended by deleting ‘‘until Congress otherwise pro-
vides by law.’’ and inserting in lieu thereof: ‘‘except that,
for fiscal years 1996 and thereafter, payments to the Com-
monwealth of the Northern Mariana Islands pursuant to
the multi-year funding agreements contemplated under the
Covenant shall be limited to the amounts set forth in the
Agreement of the Special Representatives on Future Federal
Financial Assistance of the Northern Mariana Islands, exe-
cuted on December 17, 1992 between the special representa-
tive of the President of the United States and special rep-
resentatives of the Governor of the Northern Mariana Is-
lands and shall be subject to all the requirements of such
Agreement with any additional amounts otherwise made
available under this section in any fiscal year and not re-
quired to meet the schedule of payments set forth in the
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Agreement to be provided as set forth in subsection (c) until
Congress otherwise provides by law.
‘‘(c) The additional amounts referred to in subsection
(b) shall be made available to the Secretary for obligation
as follows:
‘‘(1) for fiscal year 1996, all such amounts shall
be provided for capital infrastructure projects in
American Samoa; and
‘‘(2) for fiscal years 1997 and thereafter, all such
amounts shall be available solely for capital infra-
structure projects in Guam, the Virgin Islands, Amer-
ican Samoa, the Commonwealth of the Northern Mar-
iana Islands, the Republic of Palau, the Federated
States of Micronesia and the Republic of the Marshall
Islands: Provided, That, in fiscal year 1997,
$3,000,000 of such amounts shall be made available
to the College of the Northern Marianas and begin-
ning in fiscal year 1997, and in each year thereafter,
not to exceed $3,000,000 may be allocated, as pro-
vided in Appropriation Acts, to the Secretary of the
Interior for use by Federal agencies or the Common-
wealth of the Northern Mariana Islands to address
immigration, labor, and law enforcement issues in the
Northern Mariana Islands, including, but not limited
to detention and corrections needs. The specific
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projects to be funded shall be set forth in a five-year
plan for infrastructure assistance developed by the
Secretary of the Interior in consultation with each of
the island governments and updated annually and
submitted to the Congress concurrent with the budget
justifications for the Department of the Interior. In
developing and updating the five year plan for cap-
ital infrastructure needs, the Secretary shall indicate
the highest priority projects, consider the extent to
which particular projects are part of an overall mas-
ter plan, whether such project has been reviewed by
the Corps of Engineers and any recommendations
made as a result of such review, the extent to which
a set-aside for maintenance would enhance the life of
the project, the degree to which a local cost-share re-
quirement would be consistent with local economic
and fiscal capabilities, and may propose an incre-
mental set-aside, not to exceed $2,000,000 per year, to
remain available without fiscal year limitation, as an
emergency fund in the event of natural or other disas-
ters to supplement other assistance in the repair, re-
placement, or hardening of essential facilities: Pro-
vided further, That the cumulative amount set aside
for such emergency fund may not exceed $10,000,000
at any time.
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‘‘(d) Within the amounts allocated for infrastructure
pursuant to this section, and subject to the specific alloca-
tions made in subsection (c), additional contributions may
be made, as set forth in Appropriation Acts, to assist in
the resettlement of Rongelap Atoll: Provided, That the total
of all contributions from any Federal source after January
1, 1996 may not exceed $32,000,000 and shall be contingent
upon an agreement, satisfactory to the President, that such
contributions are a full and final settlement of all obliga-
tions of the United States to assist in the resettlement of
Rongelap Atoll and that such funds will be expended solely
on resettlement activities and will be property audited and
accounted for. In order to provide such contributions in a
timely manner, each Federal agency providing assistance
or services, or conducting activities, in the Republic of the
Marshall Islands, is authorized to make funds available,
through the Secretary of the Interior, to assist in the reset-
tlement of Rongelap. Nothing in this subsection shall be con-
strued to limit the provision of ex gratia assistance pursu-
ant to section 105(c)(2) of the Compact of Free Association
Act of 1985 (Public Law 99–239, 99 Stat. 1770, 1792) in-
cluding for individuals choosing not to resettle at Rongelap,
except that no such assistance for such individuals may be
provided until the Secretary notifies the Congress that the
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full amount of all funds necessary for resettlement at
Rongelap has been provided.’’.
Sec. 2. Federal Minimum Wage
Effective thirty days after the date of enactment of this
Act, the minimum wage provisions, including, but not lim-
ited to, the coverage and exemptions provisions, of section
6 of the Fair Labor Standards Act of June 25, 1938 (52
Stat. 1062), as amended, shall apply to the Commonwealth
of the Northern Mariana Islands, except—
(a) on the effective date, the minimum wage rate
applicable to the Commonwealth of the Northern Mar-
iana Islands shall be $2.75 per hour;
(b) effective January 1, 1996, the minimum
wage rate applicable to the Commonwealth of the
Northern Mariana Islands shall be $3.05 per hour;
(c) effective January 1, 1997 and every January
1 thereafter, the minimum wage rate shall be raised
by thirty cents per hour or the amount necessary to
raise the minimum wage rate to the wage rate set
forth in section 6(a)(1) of the Fair Labor Standards
Act, whichever is less; and
(d) once the minimum wage rate is equal to the
wage rate set forth in section 6(a)(1) of the Fair
Labor Standards Act, the minimum wage rate appli-
cable to the Commonwealth of the Northern Mariana
HR 1977 RS
Islands shall thereafter be the wage rate set forth in
section 6(a)(1) of the Fair Labor Standards Act.
Sec. 3. Report
The Secretary of the Interior, in consultation with the
Attorney General and Secretaries of Treasury, Labor, and
State, shall report to the Congress by the March 15 follow-
ing each fiscal year for which funds are allocated pursuant
to section 4(c) of Public Law 94–241 for use by Federal
agencies or the Commonwealth to address immigration,
labor or law enforcement activities. The report shall include
but not be limited to—
(1) pertinent immigration information provided
by the Immigration and Naturalization Service, in-
cluding the number of non-United States citizen con-
tract workers in the CNMI, based on data the Immi-
gration and Naturalization Service may require of
the Commonwealth of the Northern Mariana Islands
on a semiannual basis, or more often if deemed nec-
essary by the Immigration and Naturalization Serv-
ice.
(2) the treatment and conditions of non-United
States citizen contract workers, including foreign gov-
ernment interference with workers’ ability to assert
their rights under United States law.
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(3) the effect of laws of the Northern Mariana Is-
lands on Federal interests.
(4) the adequacy of detention facilities in the
Northern Mariana Islands.
(5) the accuracy and reliability of the computer-
ized alien identification and tracking system and its
compatibility with the system of the Immigration and
Naturalization Service, and
(6) the reasons why Federal agencies are unable
or unwilling to fully and effectively enforce Federal
laws applicable within the Commonwealth of the
Northern Mariana Islands unless such activities are
funded by the Secretary of the Interior.
Sec. 4. Immigration Cooperation
The Commonwealth of the Northern Mariana Islands
and the Immigration and Naturalization Service shall co-
operate in the identification and, if necessary, exclusion or
deportation from the Commonwealth of the Northern Mari-
ana Islands of persons who represent security or law en-
forcement risks to the Commonwealth of the Northern Mari-
ana Islands or the United States.
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Sec. 5. Clarification of Local Employment in the
Marianas
(a) Section 8103(i) of title 46 of the United States
Code is amended by renumbering paragraph (3) as para-
graph (4) and by adding a new paragraph (3) as follows:
‘‘(3) Notwithstanding any other provision of this sub-
section, any alien allowed to be employed under the immi-
gration laws of the Commonwealth of the Northern Mariana
Islands (CNMI) may serve as an unlicensed seaman on a
fishing, fish processing, or fish tender vessel that is operated
exclusively from a port within the CNMI and within the
navigable waters and exclusive economic zone of the United
States surrounding the CNMI. Purusant to 46 U.S.C. 8704,
such persons are deemed to be employed in the United
States and are considered to have the permission of the At-
torney General of the United States to accept such employ-
ment: Provided, That paragraph (2) of this subsection shall
not apply to persons allowed to be employed under this
paragraph.’’.
(b) Section 8103(i)(1) of title 46 of the United States
Code is amended by deleting ‘‘paragraph (3) of this sub-
section’’ and inserting in lieu thereof ‘‘paragraph (4) of this
subsection’’.
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Sec. 6. Clarification of Ownership of Submerged Lands in
the Commonwealth of the Northern Mariana Islands
Public Law 93–435 (88 Stat 1210), as amended, is
further amended by—
(a) striking ‘‘Guam, the Virgin Islands’’ in sec-
tion 1 and inserting in lieu thereof ‘‘Guam, the Com-
monwealth of the Northern Mariana Islands, the Vir-
gin Islands’’ each place the words appear;
(b) striking ‘‘Guam, American Samoa’’ in sec-
tion 2 and inserting in lieu thereof ‘‘Guam, the Com-
monwealth of the Northern Mariana Islands, Amer-
ican Samoa’’; and
(c) striking ‘‘Guam, the Virgin Islands’’ in sec-
tion 2 and inserting in lieu thereof ‘‘Guam, the Com-
monwealth of the Northern Mariana Islands, the Vir-
gin Islands.’’.
With respect to the Commonwealth of the Northern
Mariana Islands, references to ‘‘the date of enactment of this
Act’’ or ‘‘date of enactment of this subsection’’ contained
in Public Law 93–435, as amended, shall mean the date
of enactment of this section.
Sec. 7. Annual State of the Islands Report
The Secretary of the Interior shall submit to the Con-
gress, annually, a ‘‘State of the Islands’’ report on Amer-
ican Samoa, Guam, the United States Virgin Islands, the
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Commonwealth of the Northern Mariana Islands, the Re-
public of Palau, the Republic of the Marshall Islands, and
the Federated States of Micronesia that includes basic eco-
nomic development information, data on direct and indi-
rect Federal assistance, local revenues and expenditures,
employment and unemployment, the adequacy of essential
infrastructure and maintenance thereof, and an assessment
of local financial management and administrative capabili-
ties, and Federal efforts to improve those capabilities.
Sec. 8. Technical correction
Section 501 of Public Law 95–134 (91 Stat. 1159,
1164), as amended, is further amended by deleting ‘‘the
Trust Territory of the Pacific Islands,’’ and inserting in
lieu thereof ‘‘the Republic of Palau, the Republic of the Mar-
shall Islands, the Federated States of Micronesia,’’.
TITLE II—RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
FOREST SERVICE
FOREST RESEARCH
For necessary expenses of forest research as author-
ized by law, $182,000,000 $177,000,000, to remain avail-
able until September 30, 1997.
STATE AND PRIVATE FORESTRY
For necessary expenses of cooperating with, and pro-
viding technical and financial assistance to States, Terri-
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tories, possessions, and others and for forest pest manage-
ment activities, cooperative forestry and education and
land conservation activities, $129,551,000 $128,294,000,
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 Research’’,
‘‘State and Private Forestry’’, ‘‘National Forest System’’,
‘‘Construction’’, ‘‘Fire Protection and Emergency Sup-
pression’’, and ‘‘Land Acquisition’’, $1,266,688,000
$1,256,043,000, to remain available for obligation until
September 30, 1997, and including 65 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. 460l–6a(i)): Provided, That unobligated
and unexpended balances in the National Forest System
account at the end of fiscal year 1995, shall be merged
with and made a part of the fiscal year 1996 National
Forest System appropriation, and shall remain available
for obligation until September 30, 1997: Provided further,
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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.
FIRE PROTECTION AND EMERGENCY SUPPRESSION
WILDLAND FIRE MANAGEMENT
For necessary expenses for forest fire presuppression
activities on National Forest System lands, for emergency
fire suppression on or adjacent to National Forest System
lands or other lands under fire protection agreement, and
for emergency rehabilitation of burned over National For-
est System lands, $385,485,000 $385,485,000, to remain
available until expended: Provided, That unexpended bal-
ances of amounts previously appropriated under any other
headings for Forest Service fire activities may be trans-
ferred to and merged with this appropriation: Provided
further, That such funds are available for repayment of
advances from other appropriations accounts previously
transferred for such purposes.
CONSTRUCTION
For necessary expenses of the Forest Service, not
otherwise provided for, $120,000,000 $186,888,000, to re-
main available until expended, for construction and acqui-
sition of buildings and other facilities, and for construction
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, That funds becoming available in fiscal
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year 1996 under the Act of March 4, 1913 (16 U.S.C.
501) shall be transferred to the General Fund of the
Treasury of the United States: Provided further, 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 $2,500,000 of the
funds appropriated herein shall be available for a grant to
the ‘‘Non-Profit Citizens for the Columbia Gorge Discovery
Center’’ for the construction of the Columbia Gorge Discov-
ery Center: Provided further, That the Forest Service is au-
thorized to grant the unobligated balance of funds appro-
priated in fiscal year 1995 for the construction of the Co-
lumbia Gorge Discovery Center to the ‘‘Non-Profit Citizens
for the Columbia Gorge Discovery Center’’ to be used for
the same purpose: Provided further, That the Forest Service
is authorized to convey the land needed for the construction
of the Columbia Gorge Discovery Center without cost to the
‘‘Non-Profit Citizens for the Columbia Gorge Discovery
Center’’: Provided further, That notwithstanding any other
provision of law, funds originally appropriated under this
head in Public Law 101–512 for the Forest Service share
of a new research facility at the University of Missouri,
Columbia, shall be available for a grant to the University
of Missouri, as the Federal share in the construction of the
new facility: Provided further, That agreed upon lease of
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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. 460l–4–11), including administra-
tive expenses, and for acquisition of land or waters, or in-
terest therein, in accordance with statutory authority ap-
plicable to the Forest Service, $14,600,000 $41,167,000,
to be derived from the Land and Water Conservation
Fund, to remain available until expended.
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, to be derived from funds de-
posited by State, county, or municipal governments, public
school districts, or other public school authorities pursuant
to the Act of December 4, 1967, as amended (16 U.S.C.
484a), to remain available until expended.
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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-
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 183 passenger motor vehicles of which 32 will be
used primarily for law enforcement purposes and of which
151 shall be for replacement; acquisition of 22 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
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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 the second sentence of section 706(a) of
the Organic Act of 1944 (7 U.S.C. 2225), and not to ex-
ceed $100,000 for employment under 5 U.S.C. 3109; (c)
purchase, erection, and alteration of buildings and other
public improvements (7 U.S.C. 2250); (d) acquisition of
land, waters, and interests therein, pursuant to the Act
of August 3, 1956 (7 U.S.C. 428a); (e) for expenses pur-
suant to the Volunteers in the National 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, De-
partment of Agriculture, or to implement any reorganiza-
tion, ‘‘reinvention’’ or other type of organizational restruc-
turing of the Forest Service, without the consent of the
House and Senate Committees on Appropriations and the
Committee on Agriculture, Nutrition, and Forestry and
the Committee on Energy and Natural Resources in the
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United States Senate and the Committee on Agriculture
and the Committee on Resources in the United States
House of Representatives.
Any appropriations or funds available to the Forest
Service may be advanced to the Fire and Emergency Sup-
pression appropriation and may be used for forest fire-
fighting and the emergency rehabilitation of burned-over
lands under its jurisdiction: Provided, That no funds shall
be made available under this authority until funds appro-
priated to the ‘‘Emergency Forest Service Firefighting
Fund’’ shall have been exhausted.
The appropriation structure for the Forest Service
may not be altered without advance approval of the House
and Senate Committee on Appropriations.
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.
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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.
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 law, any ap-
propriations or funds available to the Forest Service may
be used to disseminate program information to private 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
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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.
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
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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.
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.
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, eighty
percent of the funds appropriated to the Forest Service
in the National Forest System and Construction accounts
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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.
None of the funds available in this Act shall be used
for any activity that directly or indirectly causes harm to
songbirds within the boundaries of the Shawnee National
Forest.
None of the funds provided by this Act shall be used
to revise or implement a new Tongass Land Management
Plan (TLMP).
None of the funds provided in this or any other Appro-
priations Act may be used on the Tongass National Forest
except in compliance with Alternative P, identified in the
Tongass Land Management Plan Revision Supplement to
the Draft Environmental Impact Statement dated August
1991.
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DEPARTMENT OF ENERGY
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, $379,524,000 $376,181,000, to remain available until
expended: Provided, That no part of the sum herein made
available shall be used for the field testing of nuclear ex-
plosives in the recovery of oil and gas.
ALTERNATIVE FUELS PRODUCTION
(INCLUDING TRANSFER OF FUNDS)
Monies received as investment income on the prin-
cipal amount in the Great Plains Project Trust at the
Norwest Bank of North Dakota, in such sums as are
earned as of October 1, 1995, shall be deposited in this
account and immediately transferred to the General Fund
of the Treasury. Monies received as revenue sharing from
the operation of the Great Plains Gasification Plant shall
be immediately transferred to the General Fund of the
Treasury.
HR 1977 RS
NAVAL PETROLEUM AND OIL SHALE RESERVES
For necessary expenses in carrying out naval petro-
leum and oil shale reserve activities, $136,028,000, to re-
main available until expended: Provided, That the require-
ments of 10 U.S.C. 7430(b)(2)(B) shall not apply to fiscal
year 1996: Provided further, That section 501 of Public
Law 101–45 is hereby repealed.
ENERGY CONSERVATION
For necessary expenses in carrying out energy con-
servation activities, $556,371,000 $576,976,000, to remain
available until expended, including, notwithstanding any
other provision of law, the excess amount for fiscal year
1996 determined under the provisions of section 3003(d)
of Public Law 99–509 (15 U.S.C. 4502), and of which
$16,000,000 shall be derived from available unobligated
balances in the Biomass Energy Development account:
Provided, That $148,946,000 $168,946,000 shall be for
use in energy conservation programs as defined in section
3008(3) of Public Law 99–509 (15 U.S.C. 4507) and shall
not be available until excess amounts are determined
under the provisions of section 3003(d) of Public Law 99–
509 (15 U.S.C. 4502): Provided further, That notwith-
standing section 3003(d)(2) of Public Law 99–509 such
sums shall be allocated to the eligible programs as follows:
$110,946,000 $137,446,000 for the weatherization assist-
HR 1977 RS
ance program and $26,500,000 $31,500,000 for the State
energy conservation program.
ECONOMIC REGULATION
For necessary expenses in carrying out the activities
of the Economic Regulatory Administration and the Office
of Hearings and Appeals, $6,297,000 $8,038,000, to re-
main available until expended.
STRATEGIC PETROLEUM RESERVE
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses for Strategic Petroleum Re-
serve facility development and operations and program
management activities pursuant to the Energy Policy and
Conservation Act of 1975, as amended (42 U.S.C. 6201
et seq.), $287,000,000, to remain available until expended,
of which $187,000,000 shall be derived by transfer of un-
obligated balances from the ‘‘SPR petroleum account’’ and
$100,000,000 shall be derived by transfer from the ‘‘SPR
Decommissioning Fund’’: Provided, That notwithstanding
section 161 of the Energy Policy and Conservation Act,
the Secretary shall draw down and sell up to seven million
barrels of oil from the Strategic Petroleum Reserve: Pro-
vided further, That the proceeds from the sale shall be de-
posited into a special account in the Treasury, to be estab-
lished and known as the ‘‘SPR Decommissioning Fund’’,
and shall be available for the purpose of removal of oil
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from and decommissioning of the Weeks Island site and
for other purposes related to the operations of the Strate-
gic Petroleum Reserve.
SPR PETROLEUM ACCOUNT
Notwithstanding 42
U.S.C. 6240(d)
the
United
States share of crude oil in Naval Petroleum Reserve
Numbered 1 (Elk Hills) may be sold or otherwise disposed
of to other than the Strategic Petroleum Reserve: Pro-
vided, That outlays in fiscal year 1996 resulting from the
use of funds in this account shall not exceed $5,000,000.
Notwithstanding 42 U.S.C. 6240(d) the United States
share of crude oil in Naval Petroleum Reserve Numbered
1 may be sold or otherwise disposed of to other than the
Strategic Petroleum Reserve: Provided, That outlays in fis-
cal year 1996 resulting from the use of funds in this account
shall not exceed $5,000,000.
ENERGY INFORMATION ADMINISTRATION
For necessary expenses in carrying out the activities
of the Energy Information Administration, $79,766,000
$64,766,000, to remain available until expended: Provided,
That notwithstanding Section 4(d) of the Service Contract
Act of 1965 (41 U.S.C. 353(d)) or any other provision
of law, funds appropriated under this heading hereafter
may be used to enter into a contract for end use consump-
tion surveys for a term not to exceed eight years: Provided
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further, That notwithstanding any other provision of law,
hereafter the Manufacturing Energy Consumption Survey
shall be conducted on a triennial basis.
ADMINISTRATIVE PROVISIONS, DEPARTMENT OF ENERGY
Appropriations under this Act for the current fiscal
year shall be available for hire of passenger motor vehicles;
hire, maintenance, and operation of aircraft; purchase, re-
pair, and cleaning of uniforms; and reimbursement to the
General Services Administration for security guard serv-
ices.
From appropriations under this Act, transfers of
sums may be made to other agencies of the Government
for the performance of work for which the appropriation
is made.
None of the funds made available to the Department
of Energy under this Act shall be used to implement or
finance authorized price support or loan guarantee pro-
grams unless specific provision is made for such programs
in an appropriations Act.
The Secretary is authorized to accept lands, build-
ings, equipment, and other contributions from public and
private sources and to prosecute projects in cooperation
with other agencies, Federal, State, private, or foreign:
Provided, That revenues and other moneys received by or
for the account of the Department of Energy or otherwise
HR 1977 RS
generated by sale of products in connection with projects
of the Department appropriated under this Act may be
retained by the Secretary of Energy, to be available until
expended, and used only for plant construction, operation,
costs, and payments to cost-sharing entities as provided
in appropriate cost-sharing contracts or agreements: Pro-
vided further, That the remainder of revenues after the
making of such payments shall be covered into the Treas-
ury as miscellaneous receipts: Provided further, That any
contract, agreement, or provision thereof entered into by
the Secretary pursuant to this authority shall not be exe-
cuted prior to the expiration of 30 calendar days (not in-
cluding any day in which either House of Congress is not
in session because of adjournment of more than three cal-
endar days to a day certain) from the receipt by the
Speaker of the House of Representatives and the Presi-
dent of the Senate of a full comprehensive report on such
project, including the facts and circumstances relied upon
in support of the proposed project.
No funds provided in this Act may be expended by
the Department of Energy to prepare, issue, or process
procurement documents for programs or projects for
which appropriations have not been made.
HR 1977 RS
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, $1,725,792,000
$1,815,373,000 together with payments received during the
fiscal year pursuant to 42 U.S.C. 300aaa–2 for services
furnished by the Indian Health Service: Provided, That
funds made available to tribes and tribal organizations
through contracts, grant agreements, or any other agree-
ments or compacts authorized by the Indian Self-Deter-
mination and Education Assistance Act of 1975 (88 Stat.
2203; 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: Provided further, That
$12,000,000 shall remain available until expended, for the
Indian Catastrophic Health Emergency Fund: Provided
further, That $351,258,000 $350,564,000 for contract
medical care shall remain available for obligation until
September 30, 1997: Provided further, That of the funds
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provided, not less than $11,306,000 shall be used to carry
out the loan repayment program under section 108 of the
Indian Health Care Improvement Act, as amended: Pro-
vided further, That funds provided in this Act may be used
for one-year contracts and grants which are to be per-
formed in two fiscal years, so long as the total obligation
is recorded in the year for which the funds are appro-
priated: Provided further, That the amounts collected by
the Secretary of Health and Human Services under the
authority of title IV of the Indian Health Care Improve-
ment Act shall be available for two fiscal years after the
fiscal year in which they were collected, for the purpose
of achieving compliance with the applicable conditions and
requirements of titles XVIII and XIX of the Social Secu-
rity Act (exclusive of planning, design, or construction of
new facilities): Provided further, That of the funds pro-
vided, $7,500,000 shall remain available until expended,
for the Indian Self-Determination Fund, which shall be
available for the transitional costs of initial or expanded
tribal contracts, grants or cooperative agreements with the
Indian Health Service under the provisions of the Indian
Self-Determination Act: Provided further, That funding
contained herein, and in any earlier appropriations Acts
for scholarship programs under the Indian Health Care
Improvement Act (25 U.S.C. 1613) shall remain available