H. R. 2107—13
which shall be available for the transitional cost of initial or
expanded tribal contracts, grants, compacts, or cooperative agree-
ments with the Bureau under such Act; and of which not to exceed
$374,290,000 for school operations costs of Bureau-funded schools
and other education programs shall become available on July 1,
1998, and shall remain available until September 30, 1999; and
of which not to exceed $55,949,000 shall remain available until
expended for housing improvement, road maintenance, attorney
fees, litigation support, self-governance grants, the Indian Self-
Determination Fund, land records improvements and the Navajo-
Hopi Settlement Program: Provided, That tribes and tribal contrac-
tors may use their tribal priority allocations for unmet indirect
costs of ongoing contracts, grants or compact agreements and for
unmet welfare assistance costs: Provided further, That funds made
available to tribes and tribal organizations through contracts, com-
pact agreements, or grants obligated during fiscal years 1998 and
1999, as authorized by the Indian Self-Determination Act of 1975,
or grants authorized by the Indian Education Amendments of 1988
(25 U.S.C. 2001 and 2008A) shall remain available until expended
by the contractor or grantee: Provided further, That to provide
funding uniformity within a Self-Governance Compact, any funds
provided in this Act with availability for more than two years
may be reprogrammed to two year availability but shall remain
available within the Compact until expended: Provided 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
eligible for general assistance payments so long as such changes
are applied in a consistent manner to individuals similarly situated:
Provided further, That any savings realized by such changes shall
be available for use in meeting other priorities of the tribes: Pro-
vided further, That any net increase in costs to the Federal Govern-
ment which result solely from tribally increased payment levels
for general assistance shall be met exclusively from funds available
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, 1998, may be transferred during
fiscal year 1999 to an Indian forest land assistance account estab-
lished for the benefit of such tribe within the tribe’s trust fund
account: Provided further, That any such unobligated balances not
so transferred shall expire on September 30, 1999: Provided further,
That notwithstanding any other provision of law, no funds available
to the Bureau, other than the amounts provided herein for assist-
ance to public schools under 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 1998: Provided further, That
funds made available in this or any other Act for expenditure
through September 30, 1999 for schools funded by the Bureau
shall be available only to the schools in the Bureau school system
as of September 1, 1996: Provided further, That no funds available
to the Bureau shall be used to support expanded grades for any
school or dormitory beyond the grade structure in place or approved
by the Secretary of the Interior at each school in the Bureau
school system as of October 1, 1995: Provided further, That begin-
ning in fiscal year 1998 and thereafter and notwithstanding 25
H. R. 2107—14
U.S.C. 2012(h)(1)(B), when the rates of basic compensation for
teachers and counselors at Bureau-operated schools are established
at the rates of basic compensation applicable to comparable posi-
tions in overseas schools under the Defense Department Overseas
Teachers Pay and Personnel Practices Act, such rates shall become
effective with the start of the next academic year following the
issuance of the Department of Defense salary schedule and shall
not be effected retroactively: Provided further, That the Cibecue
Community School may use prior year school operations funds
for the construction of a new high school facility which is in compli-
ance with 25 U.S.C. 2005(a) provided that any additional construc-
tion costs for replacement of such facilities begun with prior year
funds shall be completed exclusively with non-Federal funds: Pro-
vided further, That tribes may use tribal priority allocations funds
for the replacement and repair of school facilities which are in
compliance with 25 U.S.C. 2005(a), so long as such replacement
or repair is approved by the Secretary and completed with non-
Federal tribal and/or tribal priority allocations funds.
CONSTRUCTION
For construction, major repair, and improvement of irrigation
and power systems, buildings, utilities, and other facilities, includ-
ing architectural and engineering services by contract; acquisition
of lands, and interests in lands; and preparation of lands for farm-
ing, and for construction of the Navajo Indian Irrigation Project
pursuant to Public Law 87–483, $125,051,000, to remain available
until expended: Provided, That such amounts as may be available
for the construction of the Navajo Indian Irrigation Project may
be transferred to the Bureau of Reclamation: Provided further,
That not to exceed 6 percent of contract authority available to
the Bureau of Indian Affairs from the Federal Highway Trust
Fund may be used to cover the road program management costs
of the Bureau: Provided further, That any funds provided for the
Safety of Dams program pursuant to 25 U.S.C. 13 shall be made
available on a nonreimbursable basis: Provided further, That for
fiscal year 1998, in implementing new construction or facilities
improvement and repair project grants in excess of $100,000 that
are 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 sub-
ject to section 12.61 of 43 CFR; the Secretary and the grantee
shall negotiate and determine a schedule of payments for the work
to be performed: Provided further, That in considering applications,
the Secretary shall consider whether the Indian tribe or tribal
organization would be deficient in assuring that the construction
projects conform to applicable building 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
management capabilities: Provided further, That if the Secretary
declines an application, the Secretary shall follow the requirements
contained in 25 U.S.C. 2505(f): Provided further, That any disputes
between the Secretary and any grantee concerning a grant shall
be subject to the disputes provision in 25 U.S.C. 2508(e).
H. R. 2107—15
INDIAN LAND AND WATER CLAIM SETTLEMENTS AND MISCELLANEOUS
PAYMENTS TO INDIANS
For miscellaneous payments to Indian tribes and individuals
and for necessary administrative expenses, $43,352,000, to remain
available until expended; of which $42,000,000 shall be available
for implementation of enacted Indian land and water claim settle-
ments pursuant to Public Laws 101–618, 102–374, and 102–575,
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 Settle-
ment, as authorized by section 5(a) of Public Law 103–116; and
of which $1,352,000 shall be available pursuant to Public Laws
99–264, 100–383, 103–402, and 100–580: Provided, That the Sec-
retary is directed to sell land and interests in land, other than
surface water rights, acquired in conformance with section 2 of
the Truckee River Water Quality Settlement Agreement, the
receipts of which shall be deposited to the Lahontan Valley and
Pyramid Lake Fish and Wildlife Fund, and be available for the
purposes of section 2 of such agreement, without regard to the
limitation on the distribution of benefits in the second sentence
of paragraph 206(f)(2) of Public Law 101–618.
INDIAN GUARANTEED LOAN PROGRAM ACCOUNT
For the cost of guaranteed loans, $4,500,000, as authorized
by the Indian Financing Act of 1974, as amended: Provided, That
such costs, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That these funds are available to subsidize total
loan principal, any part of which is to be guaranteed, not to exceed
$34,615,000.
In addition, for administrative expenses to carry out the
guaranteed loan programs, $500,000.
ADMINISTRATIVE PROVISIONS
Appropriations for the Bureau of Indian Affairs (except the
revolving fund for loans, the Indian loan guarantee and insurance
fund, the Technical Assistance of Indian Enterprises account, the
Indian Direct Loan Program account, and the Indian Guaranteed
Loan Program account) shall be available for expenses of exhibits,
and purchase of not to exceed 229 passenger motor vehicles, of
which not to exceed 187 shall be for replacement only.
Notwithstanding any other provision of law, no funds available
to the Bureau of Indian Affairs for central office operations or
pooled overhead general administration shall be available for tribal
contracts, grants, compacts, or cooperative agreements with the
Bureau of Indian Affairs under the provisions of the Indian Self-
Determination Act or the Tribal Self-Governance Act of 1994 (Public
Law 103–413).
H. R. 2107—16
DEPARTMENTAL OFFICES
INSULAR AFFAIRS
ASSISTANCE TO TERRITORIES
For expenses necessary for assistance to territories under the
jurisdiction of the Department of the Interior, $67,514,000, of which:
(1) $63,665,000 shall be available until expended for technical
assistance, including maintenance assistance, disaster assistance,
insular management controls, and brown tree snake control and
research; grants to the judiciary in American Samoa for compensa-
tion and expenses, as authorized by law (48 U.S.C. 1661(c)); grants
to the Government of American Samoa, in addition to current
local revenues, 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 (Public Law 94–241; 90 Stat. 272); and (2)
$3,849,000 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, including
such transactions of all agencies or instrumentalities established
or utilized by such governments, may be audited by the General
Accounting Office, at its discretion, in accordance with chapter
35 of title 31, United States Code: Provided further, That Northern
Mariana Islands Covenant grant funding shall be provided accord-
ing to those terms of the Agreement of the Special Representatives
on Future United States Financial Assistance for the Northern
Mariana Islands approved by Public Law 99–396, or any subsequent
legislation related to Commonwealth of the Northern Mariana
Islands grant funding: Provided further, That of the amounts pro-
vided 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 institutionalize routine operations
and maintenance improvement of capital infrastructure in American
Samoa, Guam, the Virgin Islands, the Commonwealth of the North-
ern Mariana Islands, the Republic of Palau, the Republic of the
Marshall Islands, and the Federated States of Micronesia through
assessments of long-range operations maintenance needs, improved
capability of local operations and maintenance institutions and
agencies (including management and vocational education training),
and project-specific maintenance (with territorial participation and
cost sharing to be determined by the Secretary based on the individ-
ual territory’s commitment to timely maintenance of its capital
assets): Provided further, That any appropriation for disaster assist-
ance under this heading in this Act or previous appropriations
Acts may be used as non-Federal matching funds for the purpose
of hazard mitigation grants provided pursuant to section 404 of
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5170c).
COMPACT OF FREE ASSOCIATION
For economic assistance and necessary expenses for the Fed-
erated States of Micronesia and the Republic of the Marshall Islands
as provided for in sections 122, 221, 223, 232, and 233 of the
H. R. 2107—17
Compact of Free Association, and for economic assistance and nec-
essary expenses for the Republic of Palau as provided for in sections
122, 221, 223, 232, and 233 of the Compact of Free Association,
$20,545,000, to remain available until expended, as authorized by
Public Law 99–239 and Public Law 99–658.
DEPARTMENTAL MANAGEMENT
SALARIES AND EXPENSES
For necessary expenses for management of the Department
of the Interior, $58,286,000, of which not to exceed $8,500 may
be for official reception and representation expenses, and of which
up to $1,200,000 shall be available for workers compensation pay-
ments and unemployment compensation payments associated with
the orderly closure of the United States Bureau of Mines.
OFFICE OF THE SOLICITOR
SALARIES AND EXPENSES
For necessary expenses of the Office of the Solicitor,
$35,443,000.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
For necessary expenses of the Office of Inspector General,
$24,500,000.
NATIONAL INDIAN GAMING COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the National Indian Gaming Commis-
sion, pursuant to Public Law 100–497, $1,000,000.
OFFICE OF SPECIAL TRUSTEE FOR AMERICAN INDIANS
FEDERAL TRUST PROGRAMS
For operation of trust programs for Indians by direct expendi-
ture, contracts, cooperative agreements, compacts, and grants,
$33,907,000, to remain available until expended: Provided, That
funds for trust management improvements may be transferred to
the Bureau of Indian Affairs: Provided further, That funds made
available to tribes and tribal organizations through contracts or
grants obligated during fiscal year 1998, as authorized by the
Indian Self-Determination Act of 1975 (25 U.S.C. 450 et seq.),
shall remain available until expended by the contractor or grantee:
Provided further, That notwithstanding any other provision of law,
the statute of limitations shall not commence to run on any claim,
including any claim in litigation pending on the date of the enact-
ment of this Act, concerning losses to or mismanagement of trust
funds, until the affected tribe or individual Indian has been fur-
nished with an accounting of such funds from which the beneficiary
can determine whether there has been a loss.
H. R. 2107—18
ADMINISTRATIVE PROVISIONS
There is hereby authorized for acquisition from available
resources within the Working Capital Fund, 15 aircraft, 10 of which
shall be for replacement and which may be obtained by donation,
purchase or through available excess surplus property: Provided,
That notwithstanding any other provision of law, existing aircraft
being replaced may be sold, with proceeds derived or trade-in value
used to offset the purchase price for the replacement aircraft: Pro-
vided further, That no programs funded with appropriated funds
in the ‘‘Departmental Management’’, ‘‘Office of the Solicitor’’, and
‘‘Office of Inspector General’’ may be augmented through the Work-
ing Capital Fund or the Consolidated Working Fund.
GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR
SEC. 101. Appropriations made in this title shall be available
for expenditure or transfer (within each bureau or office), with
the approval of the Secretary, for the emergency reconstruction,
replacement, or repair of aircraft, buildings, utilities, or other facili-
ties or equipment damaged or destroyed by fire, flood, storm, or
other unavoidable causes: Provided, That no funds shall be made
available under this authority until funds specifically made avail-
able to the Department of the Interior for emergencies shall have
been exhausted: Provided further, That all funds used pursuant
to this section are hereby designated by Congress to be ‘‘emergency
requirements’’ pursuant to section 251(b)(2)(D) of the Balanced
Budget and Emergency Deficit Control Act of 1985, and must be
replenished by a supplemental appropriation which must be
requested as promptly as possible.
SEC. 102. The Secretary may authorize the expenditure or
transfer of any no year appropriation in this title, in addition
to the amounts included in the budget programs of the several
agencies, for the suppression or emergency prevention of forest
or range fires on or threatening lands under the jurisdiction of
the Department of the Interior; for the emergency rehabilitation
of burned-over lands under its jurisdiction; for emergency actions
related to potential or actual earthquakes, floods, volcanoes, storms,
or other unavoidable causes; for contingency planning subsequent
to actual oilspills; response and natural resource damage assess-
ment activities related to actual oilspills; for the prevention,
suppression, and control of actual or potential 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 Mining Reclama-
tion 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 regulatory provisions of the Surface Mining
Act: Provided, That appropriations made in this title for fire
suppression purposes shall be available for the payment of obliga-
tions incurred during the preceding fiscal year, and for reimburse-
ment to other Federal agencies for destruction of vehicles, aircraft,
or other equipment in connection with their use for fire suppression
purposes, such reimbursement to be credited to appropriations cur-
rently available at the time of receipt thereof: Provided further,
H. R. 2107—19
That for emergency rehabilitation and wildfire suppression activi-
ties, no funds shall be made available under this authority until
funds appropriated to ‘‘Wildland Fire Management’’ shall have been
exhausted: Provided further, That all funds used pursuant to this
section are hereby designated by Congress to be ‘‘emergency require-
ments’’ 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 replenishment
funds shall be used to reimburse, on a pro rata basis, accounts
from which emergency funds were transferred.
SEC. 103. Appropriations made in this title shall be available
for operation of warehouses, garages, shops, and similar facilities,
wherever consolidation of activities will contribute to efficiency or
economy, and said appropriations shall be reimbursed for services
rendered to any other activity in the same manner as authorized
by sections 1535 and 1536 of title 31, United States Code: Provided,
That reimbursements for costs and supplies, materials, equipment,
and for services rendered may be credited to the appropriation
current at the time such reimbursements are received.
SEC. 104. Appropriations made to the Department of the
Interior in this title shall be available for services as authorized
by 5 U.S.C. 3109, when authorized by the Secretary, in total amount
not to exceed $500,000; hire, maintenance, and operation of aircraft;
hire of passenger motor vehicles; purchase of reprints; payment
for telephone service in private residences in the field, when author-
ized 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 members lower than to subscribers who
are not members.
SEC. 105. Appropriations available to the Department of the
Interior for salaries and expenses shall be available for uniforms
or allowances therefor, as authorized 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. In fiscal year 1998 and thereafter, for those years
in which the recreation fee demonstration program authorized in
Public Law 104–134 is in effect, the fee collection support authority
provided in 16 U.S.C. 460l–6(i)(1)(B) applies only to parks not
included in the fee demonstration program, and that the amount
retained under this authority to cover fee collection costs will not
exceed those costs at the non-demonstration parks, or 15 percent
of all fees collected at non-demonstration parks in a fiscal year
whichever is less. Fee collection costs for parks included in the
fee demonstration program will be covered by the fees retained
at those parks.
SEC. 108. No funds provided in this title may be expended
by the Department of the Interior for the conduct of offshore leasing
and related activities placed under restriction in the President’s
moratorium statement of June 26, 1990, in the areas of northern,
central, and southern California; the North Atlantic; Washington
and Oregon; and the eastern Gulf of Mexico south of 26 degrees
north latitude and east of 86 degrees west longitude.
H. R. 2107—20
SEC. 109. No funds provided in this title may be expended
by the Department of the Interior for the conduct of offshore oil
and natural gas preleasing, leasing, and related activities, on lands
within the North Aleutian Basin planning area.
SEC. 110. No funds provided in this title may be expended
by the Department of the Interior to conduct offshore oil and natural
gas preleasing, leasing and related activities in the eastern Gulf
of Mexico planning area for any lands located outside Sale 181,
as identified in the final Outer Continental Shelf 5-Year Oil and
Gas Leasing Program, 1997–2002.
SEC. 111. No funds provided in this title may be expended
by the Department of the Interior to conduct oil and natural gas
preleasing, leasing and related activities in the Mid-Atlantic and
South Atlantic planning areas.
SEC. 112. Advance payments made under this title to Indian
tribes, tribal organizations, and tribal consortia pursuant to the
Indian Self-Determination and Education Assistance Act (25 U.S.C.
450 et seq.) or the Tribally Controlled Schools Act of 1988 (25
U.S.C. 2501 et seq.) may be invested by the Indian tribe, tribal
organization, or consortium before such funds are expended for
the purposes of the grant, compact, or annual funding agreement
so long as such funds are—
(1) invested by the Indian tribe, tribal organization, or
consortium only in obligations of the United States, or in obliga-
tions or securities that are guaranteed or insured by the United
States, or mutual (or other) funds registered with the Securities
and Exchange Commission and which only invest in obligations
of the United States or securities that are guaranteed or insured
by the United States; or
(2) deposited only into accounts that are insured by an
agency or instrumentality of the United States, or are fully
collateralized to ensure protection of the Funds, even in the
event of a bank failure.
SEC. 113. (a) Employees of Helium Operations, Bureau of Land
Management, entitled to severance pay under 5 U.S.C. 5595, may
apply for, and the Secretary of the Interior may pay, the total
amount of the severance pay to the employee in a lump sum.
Employees paid severance pay in a lump sum and subsequently
reemployed by the Federal Government shall be subject to the
repayment provisions of 5 U.S.C. 5595(i)(2) and (3), except that
any repayment shall be made to the Helium Fund.
(b) Helium Operations employees who elect to continue health
benefits after separation shall be liable for not more than the
required employee contribution under 5 U.S.C. 8905a(d)(1)(A). The
Helium Fund shall pay for 18 months the remaining portion of
required contributions.
(c) The Secretary of the Interior may provide for training to
assist Helium Operations employees in the transition to other Fed-
eral or private sector jobs during the facility shut-down and disposi-
tion process and for up to 12 months following separation from
Federal employment, including retraining and relocation incentives
on the same terms and conditions as authorized for employees
of the Department of Defense in section 348 of the National Defense
Authorization Act for Fiscal Year 1995.
(d) For purposes of the annual leave restoration provisions
of 5 U.S.C. 6304(d)(1)(B), the cessation of helium production and
sales, and other related Helium Program activities shall be deemed
H. R. 2107—21
to create an exigency of public business under, and annual leave
that is lost during leave years 1997 through 2001 because of,
5 U.S.C. 6304 (regardless of whether such leave was scheduled
in advance) shall be restored to the employee and shall be credited
and available in accordance with 5 U.S.C. 6304(d)(2). Annual leave
so restored and remaining unused upon the transfer of a Helium
Program employee to a position of the executive branch outside
of the Helium Program shall be liquidated by payment to the
employee of a lump sum from the Helium Fund for such leave.
(e) Benefits under this section shall be paid from the Helium
Fund in accordance with section 4(c)(4) of the Helium Privatization
Act of 1996. Funds may be made available to Helium Program
employees who are or will be separated before October 1, 2002
because of the cessation of helium production and sales and other
related activities. Retraining benefits, including retraining and
relocation incentives, may be paid for retraining commencing on
or before September 30, 2002.
SEC. 114. None of the funds in this or previous appropriations
Acts may be used to establish a new regional office in the United
States Fish and Wildlife Service without the advance approval
of the House and Senate Committees on Appropriations.
SEC. 115. (a) CONVEYANCE REQUIREMENT.—Within 90 days after
the date of enactment of this Act, the Secretary of the Interior
shall convey to the State of West Virginia without reimbursement,
all right, title, and interest of the United States in and to the
property described in subsection (b), for sole use by the Wildlife
Resources Section of the West Virginia Division of Natural
Resources, as part of the State of West Virginia fish culture pro-
gram.
(b) PROPERTY DESCRIBED.—The property referred to in sub-
section (a) is the property known as the Bowden National Fish
Hatchery, located on old United States Route 33, Randolph County,
West Virginia, consisting of 44 acres (more or less), and all improve-
ments and related personal property under the control of the
Secretary that is located on that property, including buildings,
structures, equipment, and all easements, leases, and water rights
relating to that property.
(c) USE AND REVERSIONARY INTEREST.—The property conveyed
to the State of West Virginia pursuant to this section shall be
used and operated solely by the Wildlife Resources Section of the
West Virginia Division of Natural Resources for the purposes of
fishery resources management and fisheries-related activities, and
if it is used for any other purposes or by any other party other
than the use authorized under subsection (a), all right, title, and
interest in and to all property conveyed under this section shall
revert to the United States. The State of West Virginia shall ensure
that the property reverting to the United States is in substantially
the same or better condition as at the time of transfer.
SEC. 116. Section 115 of Public Law 103–332 is amended by
inserting after the word ‘‘title’’ the following: ‘‘or provided from
other Federal agencies through reimbursable or other agreements
pursuant to the Economy Act’’.
SEC. 117. The third proviso under the heading ‘‘Compact of
Free Association’’ of Public Law 100–446 is amended by striking
‘‘$2,000,000’’ and inserting ‘‘$2,500,000’’ and by adding at the end
of the proviso the following: ‘‘and commencing on October 1, 1998
and every year thereafter, this dollar amount shall be changed