In the Senate of the United States,
July 26 (legislative day, July 20), 1994.
Resolved, That the bill from the House of Representa-
tives (H.R. 4602) entitled ‘‘An Act making appropriations for
the Department of the Interior and related agencies for the
fiscal year ending September 30, 1995, and for other pur-
poses’’, do pass with the following
AMENDMENTS:
Ω1æPage 2, line 11, strike out ø$596,349,000¿ and in-
sert: $598,480,000
Ω2æPage 2, line 24, strike out ø$596,349,000¿ and in-
sert: $598,480,000
Ω3æPage 5, line 1, strike out ø$3,836,000¿ and insert:
$12,186,000
Ω4æPage 5, line 12, strike out ø$17,060,000¿ and insert:
$12,055,000
Ω5æPage 5, line 24, strike out ø$100,860,000¿ and in-
sert: $97,383,000
Ω6æPage 8, line 15, strike out ø$250,000¿ and insert:
$100,000
HR 4602 EAS
Ω7æPage 9, line 17, strike out ø$514,650,000¿ and in-
sert: $502,936,000
Ω8æPage 9, line 25, strike out ø$3,000,000¿ and insert:
$2,500,000
Ω9æPage 10, line 14, strike out ø$25,264,000¿ and in-
sert: $49,848,000
Ω10æPage 12, line 1, strike out ø$62,300,000¿ and in-
sert: $63,700,000
Ω11æPage 12, after line 18 insert:
NORTH AMERICAN WETLANDS CONSERVATION FUND
For expenses necessary to carry out the provisions of
the North American Wetlands Conservation Act, Public
Law 101–233, $12,000,000.
Ω12æPage 14, line 16, strike out ø$167,209,000¿ and
insert: $166,358,000
Ω13æPage 14, line 17, strike out ø$166,909,000¿ and
insert: $166,058,000
Ω14æPage 15, line 14, strike out ø$1,083,973,000¿ and
insert: $1,061,276,000
Ω15æPage 15, line 24, strike out øresource stewardship
program¿ and insert: ‘‘Operation of the National Park Sys-
tem’’ account for purposes approved by the Secretary and
HR 4602 EAS
tional Historic Site may be issued which includes the full
scope of the project: Provided further, That the solicitation
and the contract shall contain the clause ‘‘availability of
funds’’ found at 48 CFR 52.232.18
Ω21æPage 16, line 23, after ‘‘470a’’ insert: : Provided
further, That not to exceed $200,000 shall be used for a joint
study with the Fish and Wildlife Service of which not to
exceed $100,000 shall be used to undertake a comprehensive
review of the relative importance of each unit of the Na-
tional Park System to the overall mission of the National
Park Service, including, but not limited to, consideration
of land acquisition, annual operation and maintenance ex-
penses, personnel requirements, alternatives to retention of
such unit that may be available at the State or local level
(including within the private sector) and prepare and sub-
mit to the Committees on Appropriations and Energy and
Natural Resources of the United States Senate and the
Committee on Appropriations and Natural Resources of the
United States House of Representatives by December 31,
1995 a report that shall include a list of not fewer than
five units to be deauthorized with whatever recommenda-
tions the Secretary deems appropriate for the disposal of
any lands or interests in lands within such units, and of
which $100,000 shall be used to undertake a comprehensive
review of the relative importance of each unit of the Na-
HR 4602 EAS
tional Wildlife Refuge system to the overall objectives of the
system, including, but not limited to, consideration of land
acquisition, annual operation and maintenance expenses,
personnel requirements, alternatives to retention of such
unit that may be available at the State or local level (in-
cluding within the private sector) and prepare and submit
to the Committees on Appropriations, Environment and
Public Works, and Energy and Natural Resources of the
United States Senate and the Committees on Appropria-
tions, Merchant Marine and Fisheries, and Natural Re-
sources of the United States House of Representatives by
December 31, 1995 a report that shall include a list of not
fewer than five units to be deleted from the System with
whatever recommendations the Secretary deems appropriate
for the disposal of any lands or interest in lands within
such units
Ω22æPage 17, line 1, strike out ø$10,000,000¿ and in-
sert: $5,000,000
Ω23æPage 17, line 13, strike out ø$88,596,000¿ and in-
sert: $80,759,000
Ω24æPage 17, line 15, after ‘‘expended,’’ insert: of which
$4,800,000 is provided for Federal assistance to the State
of Florida pursuant to Public Law 103–219, and
HR 4602 EAS
Ω25æPage 17, line 15, strike out ø$29,500,000¿ and in-
sert: $28,000,000
Ω26æPage 18, lines 18 and 19, strike out ø(106 Stat.
1386)¿ and insert: (106 Stat. 1384)
Ω27æPage 18, line 20, strike out ø$500,000¿ and insert:
$250,000
Ω28æPage 18, line 20, after ‘‘ ‘‘funds’’ ’’ insert: and by
inserting ‘‘: Provided further, That any exercise of this au-
thority must be replenished by a supplemental appropria-
tion which must be requested as promptly as possible’’ after
the word ‘‘System’’
Ω29æPage 18, line 20, after ‘‘ ‘‘funds’’ ’’ insert: : Pro-
vided further, That consistent with existing law and policy,
the National Park Service shall, at the request of the Uni-
versity of Alaska Fairbanks, enter into negotiations regard-
ing a memorandum of understanding for the continued use
of the Stampede Creek Mine property consistent with the
length and terms of prior memoranda of understanding be-
tween the National Park Service and the University of Alas-
ka Fairbanks: Provided further, That within the funds pro-
vided, the National Park Service shall undertake an assess-
ment of damage and provide the appropriate committees
of the Senate and House of Representatives, no later than
May 1, 1995, cost estimates for the reconstruction of those
HR 4602 EAS
facilities and equipment which were damaged or destroyed
as a result of the incident that occurred on April 30, 1987
at Stampede Creek within the boundaries of Denali Na-
tional Park and Preserve: Provided further, That the Na-
tional Park Service shall work with the University of Alas-
ka Fairbanks to winterize equipment and materials, located
on the Stampede Creek mine property in Denali National
Park, exposed to the environment as a result of the April
30, 1987 incident
Ω30æPage 19, line 8, strike out ø$576,775,000¿ and in-
sert: $565,316,000
Ω31æPage 19, lines 22 and 23, strike out ø‘‘operations,’’
insert ‘‘maintenance,’’,¿ and insert: ‘‘operations’’ insert ‘‘,
maintenance,’’,
Ω32æPage 21, line 10, strike out ø$190,206,000¿ and
insert: $189,034,000
Ω33æPage 21, line 11, strike out ø$68,434,000¿ and in-
sert: $67,934,000
Ω34æPage 21, line 12, strike out ø$7,400,000¿ and in-
sert: $8,800,000
Ω35æPage 23, line 25, strike out ø$152,269,000¿ and
insert: $152,389,000
HR 4602 EAS
Ω36æPage 23, line 25, strike out ø$99,365,000¿ and in-
sert: $100,265,000
Ω37æPage 25, line 2, strike out ø$110,206,000¿ and in-
sert: $109,773,000
Ω38æPage 25, line 25, strike out ø$172,404,000¿ and
insert: $193,831,000
Ω39æPage 26, line 2, strike out ø$1,000,000¿ and insert:
$2,000,000
Ω40æPage 26, line 14, strike out øFederal¿
Ω41æPage 27, line 17, strike out ø$1,527,786,000¿ and
insert: $1,525,399,000
Ω42æPage 27, line 17, strike out ø$199,000¿ and insert:
$208,000
Ω43æPage 27, line 20, after ‘‘Foundation;’’ insert: and
of which not to exceed $103,323,000 shall be for payments
to tribes and tribal organizations for indirect costs associ-
ated with contracts or grants or compacts authorized by the
Indian Self-Determination Act of 1975, as amended;
Ω44æPage 27, line 25, strike out ø$72,680,000¿ and in-
sert: $72,580,000
HR 4602 EAS
Ω45æPage 28, line 5, strike out ø$75,902,000¿ and in-
sert: $75,735,000
Ω46æPage 28, line 8, strike out ø$30,169,000¿ and in-
sert: $30,002,000
Ω47æPage 28, line 14, strike out øon July 1¿ and insert:
not later than July 31
Ω48æPage 31, line 22, after ‘‘Marie’’ insert: : Provided
further, That except for these initially funded new schools,
for which current enrollment data shall be used, the amount
made available for the Indian school equalization program
may be allocated based on the number of weighted student
units for the previous school year, with adjustments as ap-
proved by the Secretary
Ω49æPage 31, line 22, after ‘‘Marie’’ insert: : Provided
further, That funds made available, in this Act and here-
after, for schools funded by the Bureau of Indian Affairs
shall only be available to the 187 schools which will be in
the Bureau of Indian Affairs school system as of September
1, 1995
Ω50æPage 32, line 3, strike out ø$131,030,000¿ and in-
sert: $123,230,000
Ω51æPage 32, line 22, after ‘‘equipment’’ insert: : Pro-
vided further, That funds currently obligated for rehabilita-
HR 4602 EAS
tion and construction on the Gila River Indian Reservation
may be used to purchase and pump water during fiscal
year 1995
Ω52æPage 32, line 22, after ‘‘equipment’’ insert: : Pro-
vided further, That notwithstanding any other provision of
law, the Secretary of the Interior shall use the Administra-
tive and Audit Requirements and Cost Principles for Assist-
ance Programs contained in 43 CFR Part 12 as regulatory
guidance, including but not limited to the provisions relat-
ing to the application and payment procedures, to imple-
ment new construction or facilities improvement project
grants in excess of $100,000 that are provided to tribally
controlled grant schools under Public Law 100–297, as
amended: Provided further, That the Secretary shall evalu-
ate applications to determine whether there is sufficient or-
ganizational management, engineering and financial man-
agement capabilities to assure that the construction project
will conform to appropriate Federal, tribal, State and local
building standards and requirements including 25 USC
2005(a): Provided further, That the costs will be fair and
reasonable: Provided further, That where these capabilities
are determined by the Secretary to be insufficient, the Sec-
retary may provide technical assistance subject to the avail-
ability of appropriations, or will follow the procedures in
Public Law 93–638, as amended, in Section 105(a): Pro-
HR 4602 EAS
vided further, That the Secretary is to insure that personnel
authorized to award and administer new construction or
facilities improvement project grants in excess of $100,000
under Public Law 100–297 are properly trained and quali-
fied
Ω53æPage 33, line 1, strike out ø$82,896,000¿ and in-
sert: $77,096,000
Ω54æPage 33, line 2, strike out ø$78,851,000¿ and in-
sert: $73,051,000
Ω55æPage 34, after line 2 insert:
NAVAJO REHABILITATION TRUST FUND
For Navajo tribal rehabilitation and improvement ac-
tivities in accordance with the provisions of section 32(d)
of Public Law 93–531, as amended (25 U.S.C. 640d–30),
including necessary administrative expenses, $2,466,000, to
remain available until expended.
Ω56æPage 35, line 16, strike out ø$83,139,000¿ and in-
sert: $77,339,000
Ω57æPage 35, line 16, strike out ø$78,962,000¿ and in-
sert: $72,962,000
Ω58æPage 36, line 4, strike out ø$4,177,000¿ and insert:
$4,377,000
HR 4602 EAS
Ω59æPage 36, line 9, strike out øshall¿ and insert: may
Ω60æPage 36, line 10, after ‘‘Office,’’ insert: at its discre-
tion,
Ω61æPage 37, strike out all after line 21 over to and
including line 9 on page 38 and insert:
For expenses necessary for the Department of the Inte-
rior in administration of the Trust Territory of the Pacific
Islands pursuant to the Trusteeship Agreement approved by
joint resolution of July 18, 1947 (61 Stat. 397), and the
Act of June 30, 1954 (68 Stat. 330), as amended (90 Stat.
299; 91 Stat 1159; 92 Stat. 495), and grants to the Trust
Territory of the Pacific Islands, in addition to local reve-
nues, for support of governmental functions, $19,838,000 to
be available until expended, including $18,464,000 for oper-
ations of the Government of Palau: Provided, That all fi-
nancial transactions of the Trust Territory, including such
transactions of all agencies or instrumentalities established
or utilized by such Trust Territory, 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 all Government operations funds appro-
priated and obligated for the Republic of Palau under this
account for fiscal year 1995, except for $692,000 for special
programs, shall be credited as an off-set against fiscal year
1995 payments made pursuant to the Compact of Free As-
HR 4602 EAS
sociation (Public Law 99–658), if such Compact is imple-
mented before October 1, 1995: Provided further, That not
less than $300,000 of the grants to the Republic of Palau,
for support of governmental functions, shall be dedicated
to the College of Micronesia in accordance with the agree-
ment between the Micronesian entities.
Ω62æPage 38, line 15, strike out ø$25,102,000¿ and in-
sert: $20,602,000
Ω63æPage 38, line 16, strike out all after ‘‘99–239’’
down to and including ‘‘99–65’’ in line 22
Ω64æPage 38, line 16, after ‘‘99–239’’ insert: : Provided,
That the effective date of the Palau Compact for purposes
of economic assistance pursuant to the Palau Compact of
Free Association, Public Law 99–658, shall be the effective
date of the Palau compact as determined pursuant to sec-
tion 101 of Public Law 101–219
Ω65æPage 39, line 12, strike out ø$35,374,000¿ and in-
sert: $32,548,000
Ω66æPage 44, line 7, strike out øby the General Services
Administration¿
Ω67æPage 45, strike out lines 16 to 21
HR 4602 EAS
Ω68æPage 45, strike out all after line 21 over to and
including line 7 on page 46
Ω69æPage 46, strike out lines 12 to 14
Ω70æPage 46, after line 14 insert:
SEC. 116. Notwithstanding any other provision of law,
in fiscal year 1995 and thereafter, appropriations made to
the Department of the Interior in this title may be used
to fund incrementally research work orders for cooperative
agreements with colleges and universities, State agencies,
and nonprofit organizations that overlap fiscal years: Pro-
vided, That such cooperative agreements shall contain a
statement that ‘‘the obligation of funds for future incremen-
tal payments shall be subject to the availability of funds.’’.
Ω71æPage 46, after line 14 insert:
SEC. 117. EDWARDS AQUIFER.
(a) FINDINGS.—The Senate finds that—
(1) in order to avoid a water emergency in
South Central Texas, the withdrawal of water from
the Edwards Aquifer (designated as a sole source aq-
uifer under title XIV of the Public Health Service Act
(commonly known as the ‘‘Safe Drinking Water Act’’)
(42 U.S.C. 300f et seq.)) should not be limited without
appropriate consideration of the impacts on munici-
HR 4602 EAS
pal, agricultural, industrial, and domestic water
users;
(2) section 10(a) of the Endangered Species Act
of 1973 (16 U.S.C. 1539(a)) authorizes the Secretary
of the Interior to permit the taking of a threatened or
endangered species incidental to an otherwise lawful
activity, which may include the withdrawal of water
from a sole source aquifer; and
(3) the State of Texas is working, in cooperation
with the Department of the Interior and the Depart-
ment of Justice, to implement the water management
plan for the Edwards Aquifer region enacted by the
State in 1993.
(b) SENSE OF THE SENATE.—It is the sense of the Sen-
ate that—
(1) the Secretary of the Interior should take
whatever steps are necessary and allowable under law
to minimize adverse impacts on users of the Edwards
Aquifer while conserving threatened and endangered
species, including issuing a permit pursuant to sec-
tion 10(a) of the Endangered Species Act of 1973 (16
U.S.C. 1539(a)); and
(2) nothing in this section should relieve any
person from any State or local requirement for—
HR 4602 EAS
(A) water conservation or the development
of alternative water resources; or
(B) strategies necessary to reduce demand
on the Edwards Aquifer.
Ω72æPage 46, after line 14 insert:
SEC. 118. Within the funds provided in the Endan-
gered Species Prelisting and Recovery Program for the Fish
and Wildlife Service, there is up to $500,000 available to
purchase the Greenland highseas fisheries quota of Atlantic
salmon for the third and final year of the National Fish
and Wildlife Foundation’s Atlantic Salmon Demonstration
Program for the Northeast.
Ω73æPage 46, line 20, strike out ø$201,780,000¿ and
insert: $198,076,000
Ω74æPage 47, line 1, strike out ø$158,664,000¿ and in-
sert: $161,511,000
Ω75æPage 48, line 5, strike out ø$1,348,162,000¿ and
insert: $1,334,857,000
Ω76æPage 48, line 21, after ‘‘rescinded’’ insert: : Pro-
vided further, That timber volume authorized or scheduled
for sale during fiscal year 1994, but which remains unsold
at the end of fiscal year 1994, shall be offered for sale during
HR 4602 EAS
fiscal year 1995 in addition to the fiscal year 1995 timber
sale volume to the extent possible
Ω77æPage 49, line 1, strike out ø$160,590,000¿ and in-
sert: $156,908,000
Ω78æPage 49, line 18, strike out ø$191,740,000¿ and
insert: $219,234,000
Ω79æPage 49, line 19, strike out ø$70,341,000¿ and in-
sert: $70,367,000
Ω80æPage 49, line 21, strike out ø$121,399,000¿ and
insert: $148,867,000
Ω81æPage 50, line 11, strike out ø$61,131,000¿ and in-
sert: $60,541,000
Ω82æPage 56, strike out lines 13 to 16 and insert:
To the greatest extent possible, and in accordance with
the Final Amendment to the Shawnee National Forest 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.
Ω83æPage 57, after line 8 insert:
The Secretary of Agriculture, acting through the Forest
Service, shall reimburse the Agricultural Stabilization and
HR 4602 EAS
Conservation Service for administrative costs incurred
under the Stewardship Incentive Program for the actual
cost of services provided by the Agricultural Stabilization
and Conservation Service, except that the total costs shall
not exceed 10 percent of the total annual appropriation for
the program.
Ω84æPage 57, after line 8 insert:
The Secretary of Agriculture is authorized to utilize
$10,600,000 taken from the fiscal year 1995 appropriated
National Forest System account to provide for all costs nec-
essary to prepare, offer and administer completely timber
sales other than those funded by the regular fiscal year 1995
timber sales program in regions 2, 3, 8 and 9 with a con-
tract term not to exceed one year: Provided, That the Sec-
retary of Agriculture shall execute the contracts funded with
his authority so that these funds are offset fully in the same
fiscal year by increased receipts net of payments to States,
and that an amount not to exceed $10,600,000 is returned
by the Secretary to the account from which the funds were
drawn: Provided further, That any such sales shall comply
with all applicable laws and regulations: Provided further,
That transfer of purchaser credits shall not be used in pay-
ment for timber sold under this initiative: Provided further,
That no timber sales authorized under this section shall sub-
stitute for timber sales that would otherwise generate re-
HR 4602 EAS
ceipts contributing to the Congressional Budget Office Feb-
ruary 1994 Timber Receipt Baseline for fiscal year 1995:
Provided further, That funds shall be returned to the ac-
count and available for spending as offsetting collections
only if and to the extent that total National Forest Fund
timber receipts of the Forest Service (excluding amounts for
deposit funds) in fiscal year 1995 exceed $420,000,000: Pro-
vided further, That funds provided under this authority re-
main available to the Secretary until expended.
Ω85æPage 57, after line 8 insert:
None of the funds made available to the Forest Service
under this Act may be used by the Secretary of Agriculture
to prescribe and implement regulations relating to law en-
forcement activities of the Forest Service, unless, notwith-
standing section 553 of title 5, United States Code, not later
than 90 days before the date on which the Secretary pre-
scribes final regulations relating to such activities, the Sec-
retary provides a copy of proposed regulations relating to
such activities to the Committee on Agriculture, Nutrition,
and Forestry of the Senate and the Committee on Agri-
culture of the House of Representatives for review and com-
ment by such committees.
Ω86æPage 58, line 9, strike out ø$445,544,000¿ and in-
sert: $436,451,000
HR 4602 EAS
Ω87æPage 59, line 3, strike out ø$193,956,000¿ and in-
sert: $187,406,000
Ω88æPage 59, line 9, strike out ø$824,585,000¿ and in-
sert: $743,741,000
Ω89æPage 59, line 14, strike out ø$283,199,000¿ and
insert: $265,024,000
Ω90æPage 59, line 21, strike out ø$230,800,000¿ and
insert: $212,800,000
Ω91æPage 59, line 22, strike out ø$23,339,000¿ and in-
sert: $23,164,000
Ω92æPage 59, line 24, after ‘‘program’’ insert: , which
shall be reduced by their proportionate share of the general
reduction to be applied on a pro rata basis against every
program, project, and activity within this account
Ω93æPage 59, line 24, after ‘‘program’’ insert: : Provided
further, That funds provided in this Act for the weatheriza-
tion assistance program in excess of $206,800,000 shall be
distributed only according to a new formula developed pur-
suant to Public Law 101–440
Ω94æPage 61, line 10, strike out ø$84,728,000¿ and in-
sert: $84,507,000
HR 4602 EAS
Ω95æPage 64, line 1, strike out ø$1,706,102,000¿ and
insert: $1,715,052,000
Ω96æPage 65, line 17, after ‘‘1996’’ insert: : Provided
further, That within the funds provided, $250,000 shall be
available for the recruitment and training of American In-
dians for graduate training in the field of psychology, as
authorized in section 217 of the Indian Health Care Im-
provement Act of 1992, Public Law 102–573
Ω97æPage 66, line 13, strike out ø$253,892,000¿ and
insert: $253,767,000
Ω98æPage 70, line 8, after ‘‘Act’’ insert: : Provided fur-
ther, That notwithstanding any other provision of law, the
Indian Health Service clinic in Stilwell, Oklahoma shall
be known and designated as the ‘‘Wilma P. Mankiller In-
dian Health Clinic’’: Provided further, That any reference
in a law, regulation, document, record, map, or other paper
of the United States to the clinic referenced in the preceding
proviso shall be deemed to be a reference to the ‘‘Wilma P.
Mankiller Indian Health Clinic’’
Ω99æPage 70, line 8, after ‘‘Act’’ insert: : Provided fur-
ther, That money collected for meals served at Indian
Health Service facilities will be credited to the appropria-
tions from which the services were furnished and shall be
credited to the appropriation when received
HR 4602 EAS
Ω100æPage 70, line 8, after ‘‘Act’’ insert: : Provided fur-
ther, That notwithstanding any other provision of law, any
locality qualified to select land as a Native village under
the Alaska Native Claims Settlement Act (Public Law 92–
203 as amended) shall be eligible to participate in the sani-
tation facilities program: Provided further, That such vil-
lages shall apply consistent with the sanitation facilities
priorities process: Provided further, That any funds pro-
vided pursuant to such authority shall not exceed the
prorata share of the cost of the project commensurate with
the percentage of Alaska Natives in the population of the
affected community
Ω101æPage 70, line 14, strike out all after ‘‘1965,’’ down
to and including ‘‘1994,’’ in line 16
Ω102æPage 70, line 25, strike out ø$26,936,000¿ and
insert: $24,936,000
Ω103æPage 72, line 1, strike out ø$12,713,000¿ and in-
sert: $9,812,000
Ω104æPage 72, line 22, strike out ø$314,454,000¿ and
insert: $312,755,000
Ω105æPage 73, line 16, strike out ø$5,000,000¿ and in-
sert: $3,050,000